Yorba Linda City Council
October 18, 2022

ATTACHMENT 3:

DECLARATION OF RESTRICTIVE COVENANTS
(4067 ELSIE DRIVE)

ATTACHMENT 4
CITY COUNCIL E-5 POLICY

POLICY: ENCROACHMENTS AND USES WITHIN CITY EASEMENTS
Number: E-5 Issue Number: 3
Page: 1 Date Adopted: June 2, 2020
Replaces: July 5, 2016

C I T Y C O U N C I L P O L I C I E S
I. PURPOSE
To establish City guidelines and procedures for issuing permits for encroachments within City easements; to establish guidelines by which permits for encroachments within City easements may or may not be considered; and to identify the difference between a request for an encroachment permit as compared to a request for a vacation of a City easement. Encroachments include development, construction on, or use of City easements and public right-of-way.

II. BACKGROUND
The City holds easement rights over properties citywide for various defined uses. Where easements have been granted to the City, the fee title to the property is owned by the underlying property owner. However, the rights of the property owner are subject to the rights that the City possesses pursuant to the City’s easement.

There are five typical types of easements held by the City:
1) Right-of-way easements are typically for street purposes that allow for utilities and transportation purposes, such as a roadways, trails, sidewalks, and pedestrian paths.
2) Access easements allow the City to ingress and egress through private property to service, maintain, or monitor a City facility within or beyond the property. 3) Underground structure/utility easements are typically located over a City-owned buried structure or utility (i.e., a storm drain or other City-owned infrastructure), and generally restrict the type of use on the land above the infrastructure to protect it from damage and to allow access should the infrastructure need to be excavated and repaired.
4) Drainage easements allow for the conveyance of storm-water runoff over the encumbered property and restrict the type of use and improvements on the land to ensure proper conveyance of the established drainage. 5) Maintenance easements restrict the use of the land within the easement area and allow the City control of the land surface. The City uses maintenance easements throughout the City to maintain landscape areas and trails for public benefit and enjoyment.

The City frequently receives requests from property owners to allow for specific uses or construction within the limits of City easements. For requests that primarily seek private use of a City easement, such requests more appropriately should be processed as a vacation of the City’s easement to reflect the private nature of the proposed use.

Therefore, this policy distinguishes between those requests that are appropriately

POLICY: ENCROACHMENTS AND USES WITHIN CITY EASEMENTS
Number: E-5 Issue Number: 3
Page: 2 Date Adopted: June 2, 2020
Replaces: July 5, 2016

C I T Y C O U N C I L P O L I C I E S
encroachment permits and those requests that should be processed as easement vacations. Access, underground structure/utility, and drainage or other similar related easements should not be vacated due to public safety reasons.

III. POLICY
The City, in accordance with California and federal law, has property rights as an easement holder. Property owners and easement holders shall retain all rights granted to each under the law. The intent of this policy is to clarify basic requirements to be implemented in regard to encroachments within City easements to ensure proper safety and protection of the public, public property, and public infrastructure. The City will apply the following restrictions and exceptions to the use of land within City easements.

As the owner of the City easements, the City will apply the following restrictions and exceptions to the use of land within City easements. Because there is an element of public safety to some easements, any existing unauthorized encroachments into access, drainage, or underground structure/utility easements (or similar public safety related easements) that interfere with the proper use of the easement shall be removed within 30 days of receiving written notice by the City unless specifically authorized in this Policy.

Existing unauthorized encroachments within access, drainage, or underground structure/utility easements (or similar public safety related easements) may remain only by City Council approval.

Right of Way Easements: Obstruction of right of way easements is prohibited. Private improvements are not permitted within right of way easements that inhibit the use of utilities, trails, sidewalks, pathways, and roadways. At the discretion of the City Engineer, the City may permit an exception to allow private landscaping and minor hardscapes within parkways. Private landscaping and improvements are not permitted in landscaped areas that are maintained by the City.

Access Easements: Obstruction of access easements is prohibited. Stored vehicles or materials shall not be placed within an access easement area. Trees or other objects are not permitted to interfere with the free and clear access within the easement limits. At the discretion of the City Engineer, the City may permit an exception to allow a gate across the access easement. However, any permitted gate must remain unlocked by the permittee at all times or locked with a City-owned padlock. No electronic operated gates will be allowed.

Drainage Easements: Obstruction of drainage easements is prohibited. Trees, walls, structures, and intrusive hardscape are prohibited within the easement area. The easement area may not be used for storage. At the discretion of the City Engineer, the City may permit an exception to allow a gate or fence perpendicularly across the drainage

POLICY: ENCROACHMENTS AND USES WITHIN CITY EASEMENTS
Number: E-5 Issue Number: 3
Page: 3 Date Adopted: June 2, 2020
Replaces: July 5, 2016

C I T Y C O U N C I L P O L I C I E S
easement. However, any permitted gate must remain unlocked by the permittee at all times or locked with a City-owned padlock and allow for the proper conveyance of stormwater runoff.

Underground Structure/Utility Easements: Trees, walls, structures, and intrusive hardscape are prohibited within the easement area. At the discretion of the City Engineer, the City may permit gates to be constructed perpendicularly across to the easement. Any accessory items or uses within the easement must be easily moveable, as determined by the City Engineer. The easement area may be used for storage, but items must be removed immediately upon City request to allow access to the underground infrastructure.

The City will not be responsible for reconstruction or repair of private improvements constructed within the easement area.

Maintenance Easements: Encroachments, including privately owned, fixed or permanent structures, into the easement area are prohibited unless specifically allowed as outlined in the sections below.

IV. PROCEDURES
Requests for authorization to encroach within the limits of City easements may be issued under the following guidelines:

A. Temporary Encroachment
The City Manager or his designee may issue an encroachment permit with conditions for the construction of temporary improvements that encroach onto City easements. The term of the encroachment permit issued under this policy may not exceed one (1) year. Such improvements shall be able to be removed quickly and easily within ten (10) calendar days of notice to remove such items from the City. Encroachment permits for temporary improvements may be renewed for up to five one-year periods at the discretion of the City Manager or his designee. The following conditions apply to Encroachment Permits for temporary improvements:
• Proposed temporary improvements shall not alter the nature or design of a City maintained easement area, which is visible to passersby and which will change the intent and/or design of the community as it was originally approved by the Planning Commission and/or the City Council.
• Proposed temporary improvements must meet the requirements of the current Yorba Linda Municipal Code and Building and Safety Codes and may require the issuance of a building permit. Proposed temporary improvements shall not violate any land use regulations or be detrimental to the City’s property interest.

POLICY: ENCROACHMENTS AND USES WITHIN CITY EASEMENTS
Number: E-5 Issue Number: 3
Page: 4 Date Adopted: June 2, 2020
Replaces: July 5, 2016

C I T Y C O U N C I L P O L I C I E S
• The design, placement, and construction of any temporary improvement is subject to the approval of the City Manager or his designee. The City may revoke a permit if, in the judgment of the City Manager or his designee, such revocation is in the public interest. Any decision to revoke an encroachment permit may be appealed to the City Council following the appeal process as outlined in the Yorba Linda Municipal Code Article IX of the Zoning Ordinance.

Written notice of the appeal for an encroachment permit is required within 10 calendar days of notice of revocation.

B. Permanent Encroachment
Fixed, permanent structures or permanent improvements encroaching upon City easements are not allowed, except in those instances where there is “no significant impact” on the City easement involved, and/or where it is not practical to formally vacate such easement. The term “no significant impact” means an encroachment of one foot or less onto a City easement, and which does not deprive the public from the normal use and enjoyment of the remaining easement or adversely impact the purpose of the easement. For example, if a property owner accidentally builds a wall/fence that encroaches a few inches onto the City easement, it may be considered to be within a tolerable level where no Planning Commission or City Council action is required.

Requests for permanent improvements that exceeds these standards (i.e. one foot) shall be deemed a request for a vacation of the easement and shall be subject to the vacation hearing process. However, due to their public safety connection, access, underground structure/Utility, and drainage easements or similar safety related easements should not be vacated. Requests for encroachments onto access, underground structure/Utility, and drainage easements or other similar safety related easements for privately owned, fixed or permanent structure require a City Council determination/finding that the proposed permanent improvements will not adversely impact the City’s easement or general public safety and the property owner may be required to execute a Declaration of Restrictive Covenants (DORC).

C. Encroachments Requiring Vacation of City Easement
Existing Fence Encroachments on City Maintenance Easements Existing fences encroaching into City landscape easements that were authorized pursuant to a City encroachment permit and were constructed prior to July 15, 2003, will be allowed to remain subject to the following:

POLICY: ENCROACHMENTS AND USES WITHIN CITY EASEMENTS
Number: E-5 Issue Number: 3
Page: 5 Date Adopted: June 2, 2020
Replaces: July 5, 2016

C I T Y C O U N C I L P O L I C I E S
• The easement area encompassed by the fence will be vacated by the City, at the City’s expense, including landscape and irrigation modifications. If the underlying property owner does not want the encompassed area to be vacated, the fence shall be relocated outside the City’s easement area by the property owner within thirty (30) calendar days of receiving such notice. • Any unpermitted accessory structures or improvements in the prior easement area shall require a Design Review through the Planning Commission.

Existing unauthorized encroachments without permits will be allowed to remain subject to the following:
• The easement area encompassed by the fence will be vacated by the City, with all costs of the vacation process, including landscape and irrigation modification, being borne by the property owner. If the underlying property owner does not want to vacate the encompassed easement area, the unauthorized encroachment shall be removed within thirty (30) calendar days of receiving a notice from the City.
• Any unpermitted accessory structures or improvements in the prior easement area shall require a Design Review approval through the Planning Commission.
• Compliance with the “General Fence Relocation Guidelines”.

Each case will be evaluated individually, and the City Manager or his designee shall take into account unique circumstances when applying this Policy. At the discretion of the City Manager or his designee, the property owner may be required to execute a Declaration of Restrictive Covenants for the prior easement area.

Proposed New Fence Encroachments on City Maintenance Easements Proposed fence encroachments into City maintenance easements may be allowed subject to the following:
• Upon approval by the Planning Commission as part of a Design Review process including any proposed accessory structures or improvements in the easement area. Each case will be evaluated individually, and the Planning Commission shall take into account unique circumstances when applying this Policy. At the discretion of the Planning Commission, the property owner may be required to execute a Declaration of Restrictive Covenants (DORC) for the prior easement area.

POLICY: ENCROACHMENTS AND USES WITHIN CITY EASEMENTS
Number: E-5 Issue Number: 3
Page: 6 Date Adopted: June 2, 2020
Replaces: July 5, 2016

C I T Y C O U N C I L P O L I C I E S
• Adjacent and/or affected neighboring properties shall be notified of the request prior to the Planning Commission review. The easement area encompassed by the fence will be vacated by the City, with all costs of the vacation process, including landscape and irrigation modifications shall be borne by the property owner.
• The proposed fence shall be installed at a distance from the top of slope equal to any adjacent existing fence or as approved by the Planning Commission.

However, unless there is a consistent fence line either adjacent to the property or along a majority of the slope, the City would not grant encroachments greater than 18 feet from the top of slope.
• The establishment and maintenance of the fence and landscaping within the fenced area shall be consistent with the “General Fence Relocation Guidelines” as determined by the Planning Commission.

D. Other Implementation Procedures
The City Manager or his designee may develop any other rules, regulations, or procedures that may be necessary for the effective implementation of this policy.

Such regulations and procedures may incorporate (but are not limited to) provisions relating to insurance, indemnification, maintenance, notice, permit form, appeal process, etc.

E. Appeal Process
Any decision related to the land use within a City easement may be appealed in writing to the City. Public Works staff shall review the proposed appeal and forward the request for encroachment authorization to the City Manager. The final determination for encroachment authorization may ultimately be made by the City Council.

POLICY: ENCROACHMENTS AND USES WITHIN CITY EASEMENTS
Number: E-5 Issue Number: 3
Page: 7 Date Adopted: June 2, 2020
Replaces: July 5, 2016

C I T Y C O U N C I L P O L I C I E S

GENERAL FENCE RELOCATION GUIDELINES

1. Each homeowner will be responsible for their own fencing costs and any other costs associated with fence relocation, including any damage to plants or sprinklers resulting from the fence relocation, and all costs incurred in the easement vacation process.

2. The homeowner may need to obtain a permit for the fence from the City of Yorba Linda Building Department.

3. All fence irrigation and landscape plans are subject to Planning Commission review and approval.

4. The fence shall be painted Hunter Green and remain maintained in good condition with minimal fading, rust, or corrosion visible from the street below at any time.

5. The irrigation system within the easement vacation area shall be installed and maintained by the property owner with a water source connected to the property owner’s water meter.

6. Trees, shrubs, and ground cover planting shall match the adjacent city-maintained trees, shrubs, and ground cover plant pallet.

7. Subject area shall remain at the existing grades prior to the easement vacation and shall not be modified in any way.

8. No new tree(s), shrub(s) or ground cover shall be planted within the subject area unless replacing existing naturally damaged or diseased tree(s) or shrub(s) or ground cover in kind and number.

9. Area shall not be used as an animal kennel or holding area.

10. Maintenance of fences, irrigation systems, trees, shrubs, and ground cover shall match, at a minimum, the standard of care provided by the City for the landscaped area adjacent to the easement vacation area.

11. Fence location shall be parallel to the top of slope at the limit of the easement vacation.

PUBLIC WORKS DEPARTMENT
DATE: OCTOBER 18, 2022
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JAMIE LAI, P.E., DIRECTOR OF PUBLIC WORKS/CITY ENGINEER PREPARED BY: FREDY CASTILLO, ASSISTANT ENGINEER
SUBJECT: APPROVE CHANGE ORDER NO. 1 TO THE CONSTRUCTION CONTRACT WITH ONYX PAVING COMPANY, INC FOR THE FISCAL YEAR 2021-22 ANNUAL PAVEMENT PRESERVATION PROJECT (ZONE 6)

RECOMMENDATION
It is recommended that the City Council approve Change Order No. 1 (Attachment 1) to the construction contract with Onyx Paving Company, Inc. for the Fiscal Year 2021-22 Annual Pavement Preservation Project -Zone 6 (SI221009) in the amount of $350,200.

BACKGROUND
On April 27, 2011, the City entered into agreement with the Yorba Linda Water District (YLWD) where the City turned over ownership and maintenance responsibilities of its sewer improvements and easement to YLWD. As part of the agreement YLWD agreed to take on the cost for adjusting water valve and sewer manhole covers to grade upon written request from the City. When the adjustments are related to a City construction project, the City is required to submit the unit costs for such work to the YLWD. They then have ten (10) working days to either approve or disapprove the unit costs. If the unit costs are approved, then YLWD then authorizes the City to perform the work and reimburses the City for the cost of the adjustments. If YLWD does not approve the unit costs, YLWD is then required to perform the work itself in coordination with the City's construction contractor.

DISCUSSION
Plans and specifications for the Fiscal Year 2021-22 Annual Pavement Preservation Project -Zone 6 (SI221009) were advertised in June and bids were received and opened by the City Clerk’s office on July 7th, 2022. Upon opening bids City staff shared the apparent low bidder’s unit cost for the sewer manhole and water valve adjustments with YLWD. At that time the YLWD informed the City that they were not approving the unit cost and that the work would be performed by their own on-call contractor. At the July 19, 2022, City Council Meeting, the Fiscal Year 2021-22 Annual Pavement Preservation Project (Zone 6) was awarded to Onyx Paving Company, Inc. The contract award total did not include the cost to adjust YLWD’s

A P P R O V E C H A N G E O R D E R N O . 1 T O T H E C O N S T R U C T I O N

C O N T R A C T W I T H O N Y X P A V I N G C O M P A N Y , I N C F O R T H E F I S C A L Y E A R 2 0 2 1 - 2 2 A N N U A L P A V E M E N T P R E S E R V A T I O N P R O J E C T ( Z O N E 6 ) F I S C A L Y E A R 2 0 2 1 - 2 2 A N N U A L P A V E M E N T P R E S E R V A T I O N P R O J E C T ( Z O N E 6 )
P a g e | 2
valves and manholes. Sometime after the award of contract the YLWD notified City staff that they were not receiving favorable unit prices from their contractors and asked if the City could add these items to the awarded contract. Staff has discussed this request with Onyx Paving, and they have agreed to take on the additional work at the original unit cost that total to $350,200.

FISCAL IMPACT
The total contract amount originally awarded to Onyx Paving was $5,164,530. Also approved by Council at that time was a 10% project contingency amount, which will not be drawn down from as a part of this Change Order approval. The revised contract amount after proposed Change Order No. 1 will be $5,514,730, and the available contingency will remain at 10% of the original contract amount. Sufficient funds for the requested Change Order No. 1 are programmed within the Ongoing Street Maintenance Program Capital Improvement Project budget (SI221009) within the CIP Fund (Account 4010050-461620). The project is funded via a combination of Gas Tax, Measure M2, SB1, and the City’s General Fund monies. It should be noted that while the City will provide initial funding for the Change Order, YLWD will reimburse the City for the costs associated with Change Order No. 1 once the work is completed.

ALTERNATIVES
The City Council may choose to not approve Change Order No. 1 to Onyx Paving however, staff does not recommend this alternative because it will delay the adjustment to YLWD manholes and water valves. YLWD manholes and water valves are crucial for access to YLWD facilities for repairs and maintenance purposes.

ATTACHMENTS
Attachment 1 - Change Order No. 1

PARKS AND RECREATION DEPARTMENT
DATE: OCTOBER 18, 2022
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: MIKE KUDRON, DIRECTOR OF PARKS AND RECREATION
PREPARED BY: BRAD SKEENE, PARKS AND FACILITIES

SUPERINTENDENT
SUBJECT: AWARD OF CONTRACT – CITY HALL LANDSCAPE RENOVATION

PROJECT

RECOMMENDATION
It is recommended that the City Council take the following actions:
 Approve plans and specifications for the City Hall Landscape Renovation Project; and
 Award the contract for construction of the City Hall Landscape Renovation Project to Nieves Landscape, Inc., of Santa Ana, CA in the amount of $136,680.05 and reject all other bids, and
 Authorize the Mayor to sign and City Clerk to attest said agreement.

BACKGROUND
In August 2022, the advertisement of formal competitive bids for the City Hall Landscape Renovation Project were released and published. The scope of work for construction will include the removal of existing turf, shrubs, trees, irrigation equipment, concrete header, and the installation of California friendly shrubs and trees, rock boulder installation, mulch and drip irrigation equipment. This project will include all the landscaping except the turf parking lot medians in the front parking lot.

DISCUSSION
In accordance with the City’s formal competitive purchasing policy, staff published bid notices and requested proposals from qualified firms to propose on the required scope of work indicated in the Request for Proposals.

AWARD OF CONTRACT – CITY HALL LANDSCAPE RENOVATION PROJECT P a g e | 2
Proposals were received and publicly opened on September 15, 2022, at 9:00 a.m. Five potential firms submitted proposals for the project with the following results:

Bidder City Amount of Bid

1. Nieves Landscape, Inc. Santa Ana, CA $ 136,680.05

2. Marina Landscape, Inc. Orange, CA $ 138,084.50

3. Kormex Construction, Inc. Ontario, CA $ 157,232.00

4. DASH Const. Comp., Inc. Woodland Hills, CA $ 397,791.00

5. At Your Service Const. & Energy, Inc. Tarzana, CA Non-responsive Staff examined the bids received and determined the lowest responsible bidder is Nieves Landscape, Inc. The licenses and references have been reviewed and verified by staff, and all other documents are in order.

The commencement date of the project is anticipated to be in late November 2022, with completion anticipated to be in February 2023.

FISCAL IMPACT
The construction contract of $136,680.05 and a 15% contingency of $20,502.00 will bring the anticipated project total to $157,182.05. The City Council approved $225,000 in funding for this project as part of the FY 2022/2023 Capital Improvement Projects Budget.

ALTERNATIVES

1. Reject all bids received for the City Hall Landscape Renovation Project and provide direction to staff.

ATTACHMENTS

1. Construction Contract Nieves

2. CH Landscape bid set

AWARD OF CONTRACT – CITY HALL LANDSCAPE RENOVATION PROJECT P a g e | 3

Crrv or Yonee Llruot
CorusrnucloN GorurRRcr

CITY HALL LANDSCAPE RENOVATION PROJECT

1. PRRrres Rto DRre.

This Contract is made and entered into this 18th day of October 2022, by and between the City of Yorba Linda, a municipal organization organized under the laws of the State of California with its principal place of business at 4845 Casa Loma Avenue, Yorba Linda, California 92886 ("City") and Nieves Landscape, lnc., a Corporation, with its principal place of business at1629 E. Edinger Ave., Santa Ana, CA, 92707 ("Contractor").

City and Contractor are sometimes individually referred to as "Party" and collectively as "Parties" in this Contract.

2. Rec¡rels.

2.1 gjty City is a municipal corporation 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 landscape renovation services required by the City on the terms and conditions set forth in this Contract. Contractor represents that it is experienced in providing landscape renovation services to public clients, that it and its employees or subcontractors have all necessary licenses and permits to perform such landscape renovation services in the State of California, and that it is familiar with the plans of City.

2.3 Proiect. City desires to engage Contractor to render such services for the City Hall Landscape Renovation Project ("Project") as set forth in this Contract.

2.4 Proiect Documents & Certifications. Contractor has obtained, and delivers concurrently herewith, PERFORMANCE BOND, PAYMENT BOND, ¡NSURANCE DOCUMENTS AND OTHER CERTIFICATIONS as required by the Contract.

3. TeRnns

3.1 lncorporation of Documents. This Contract includes and hereby incorporates in full by reference the following documents, including allexhibits, drawings, specifications and documents therein, and attachments and addenda thereto: Plans and Specifications for City Hall Landscape Renovation Project.

3.2 Contractor's Basic Obliqation: Scope of Work. Contractor promises and agrees, at its own cost and expense, to furnish to the Owner all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and cA-1

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 'A' attached hereto and incorporated herein by this reference. Special conditions, if any, relating to the Work are described in Exhibit "8" attached hereto and incorporated herein by this reference.

3.3 Chanoe in Scooe 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 advance and in writing by a valid change order executed by the City.

3.4 Period of Performance and Liquidated Damaqes. Contractor shall perform and complete all Work under this Contract within 90 working days from the date of the Notice to Proceed. 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 "4" or "8" attached hereto or may be provided separately in writing to the 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. Pursuant to Government Code Section 53069.85, Contractor shall pay to the City as fixed and liquidated damages the sum of Two Hundred Fifty Dollars ($250.00) 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.

3.5 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 approvals of whatever nature that are legally required to perform the Work, including a City 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 the 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 cA-2

to the City, shall be promptly removed from the Project by the Contractor and shall not be re-employed on the Work.

3.6 Control and Pavment 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.

3.7 Citv's Basic Obliqation. 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 othenruise provided in the Contract, the City shall pay to Contractor, as full consideration for the satisfactory performance by the Contractor of the services and obligations required by this Contract, the above referenced compensation in accordance with compensation provisions set forth in the Contract.

3.8 Compensation and Pavment

3.8.1 Amount of Compensation. As consideration for performance of the Work required herein, City agrees to pay Contractor the Total Contract Price of One Hundred Thirty Six Thousand Six Hundred Eighty Dollars and Five Cents ($136,680.05) ("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.

3.8.2 Pavment of oensation lf 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. lf 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.
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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. No progress payments will be made for Work not completed in accordance with this Contract.

3.8.3 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 retainage shall be released and paid to the Contractor and subcontractors pursuant to California Public Contract Code Section 7107.

3.8.4 Other Retentions. ln 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 the 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 the 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.

3.8.5 Substitutions for Contract Retentions. ln 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 the 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 the Contractor as they come due. Upon satisfactory completion of the Contract, the securities shall be returned to the Contractor. For purposes of this Section and Section22300 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. The Contractor shall be the beneficial owner of any securities substituted for monies withheld and shall receive any interest thereon. The escrow agreement used forthe purposes of this Section shall be in the form provided by the City.

3.8.6 Payment to Subcontractors. Contractor shall pay all subcontractors for and on account of work performed by such subcontractors in accordance with the terms of their respective subcontracts and as provided for in Section 10262 of the California Public Contract Code. Such payments to subcontractors shall be based on the cA-4

measurements and estimates made and progress payments provided to Contractor pursuant to this Contract.

3.8.7 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, fulltitle 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 othenrise 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.

3.9 Termination. This Contract may be terminated by City at any time by giving Contractor three (3) days advance written notice. ln 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. ln the event of breach of the Contract by Contractor, City may terminate the Contract immediately without notice, may reduce payment to the 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.
ln 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.

3.10 Completion of Work. When the 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. lf 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 shallpay to Contractorthe TotalContract 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.

3.11 Citv's Representative. The City hereby designates Brad Skeene, or his or her designee, to act as its representative for the performance of this Contract ("City's Representatíve"). City's Representative shall have the power to act on behalf of the City cA-5

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.

3.12 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, the Contractor's Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Contract. The 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.

3.13 Contract lnterpretation. 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.

3.14 Loss and Damaoe. 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 untilthe same is fully completed and accepted by City. However, Contractor shall be responsible for damage proximately caused by Acts of God, within the meaning of Section 4150 of the California Government Code, only to the extent of five percent (5%) of the Total Contract Price as specified herein. ln the event of damage proximately caused by "Acts of God," the City may terminate this Contract upon three (3) days advanced written notice.

3.15 lndemnification. Contractor shall defend, indemnify and hold the City, its 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, in law or equity, to property or persons, including wrongful death, in any manner 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 without limitation the payment of all consequential damages and attorneys fees and other related costs and expenses.

Contractor shall defend, at Contractor's own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against City, its directors, officials' officers, employees, agents or volunteers.

Contractor shall pay and satisfy any judgment, award or decree that may be rendered cA-6

against City or its directors, officials, officers, employees, agents or volunteers, in any such suit, action or other legal proceeding. Contractor shall reimburse City and its directors, officials, officers, employees, agents and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided.

3.16 lnsurance.

3.16.1 Time for iance. 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. ln addition, Contractor shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this section.

3.16.2 Tvpes of lnsurance 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. lf the existing policies do not meet the insurance requirements set forth herein, Contractor agrees to amend, supplement or endorse the policies to do so.

3.16.2.1 Commercial General Liabilitv. Commercial General Liability lnsurance which affords coverage at least as broad as lnsurance Services Office "occurrence" Form CG 0001, with minimum limits of at least 91,000,000 per occurrence, and if written with an aggregate, the aggregate shall be double the per occurrence limit.

The policy shall contain no endorsements or provisions limiting coverage for (1) explosion, collapse or underground hazard (XCU); (2) products and completed operations; (3) contractual liability; (4) third party action over claims; (5) cross liability exclusion for claims or suits by one insured against another; or (6) contain any other exclusions contrary to this Contract.

3.16.2.2 Automobile Liabilitv. Automobile Liability lnsurance with coverage at least as broad as lnsurance Services Office Form CA 0001 covering "Any Auto" (Symbol 1) with minimum limits of $1 ,000,000 each accident.

3.16.2.3 Contractors Pollution Liabilitv. (lnclude this clause if there is a pollution liability exposure.)
Contractors Pollution Liability lnsurance covering all of the contractor's operations to include onsite and offsite coverage for bodily injury (including death and mental anguish), property damage, defense costs and cleanup costs with minimum limits of $5 million per loss and $10 million total all losses. The policy shall contain no endorsements or provisions limiting contractual liability or coverage for cross liability of claims or suits by one insured against another.

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Non-owned disposal site coverage shall be provided if handling, storing or generating hazardous materials or any material/substance othen¡rise regulated under environmental laws/regulations.

For projects involving transportation of hazardous waste/materials, include coverage for loading/unloading from the project site to final disposal locations, and all disposal locations shall be scheduled as non-owned disposalsites. lf coverage is written on a claims-made basis, the retroactive date shall precede the effective date of the initial Contract 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 Contract.

3.16.2.4 Builder's Risk lnsurance. (lnclude this clause if structures are not to be covered under the City's Property lnsurance Program.) Builder's Risk lnsurance for any property constructed on behalf of the City, to cover "all risk" of physical loss providing coverage for loss or damage from collapse, including collapse resulting from design error. The value insured shall cover 100o/o of the completed Contract cost and shall be maintained untilfullacceptance of the Work.

3.16.2.5 Professional Liabilitv. (lnclude this clause for construction managers and design-build contractors.)
Professional Liability lnsurance with minimum limits of 93,000,000.

Covered professional services shall specifically include all work to be performed under the Contract 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, soilwork, etc.). lf coverage is written on a claims-made basis, the retroactive date shall precede the effective date of the lnitial Contract 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 Contract.

3.16.2.6 Workers' Compensation. Workers' Compensation
lnsurance, as required by the State of California and Employer's Liability lnsurance, with a limit of not less than $1,000,000 per accident for bodily injury and disease.

3.16.3 Endorsements. 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.
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3.16.3.1 The policy or policies of insurance required by Section 3.16.2.1 (Commercial General Liability) and 3.16.2.3 (Contractors Pollution Liability) shall be endorsed to provide the following:
(1) Additional lnsured: 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 lnsured 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 Contract.
(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.

3.16.3.2 The policy or policies of insurance required by Section

3.16.2.2 (Automobile Liability) and 3.16.2.5 (Professional Liability) shall be endorsed to provide the following:
(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.

3.16.3.3 The policy or policies of insurance required by Section

3.16.2.4 (Builder's All Risk) shall be endorsed to provide the following:
(1) Waiver of Subrogation: A waiver of subrogation stating that the insurer waives all rights of subrogation against the indemnified parties.
(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) Loss Payee: Losses payable under this policy shall be adjusted with the Named lnsured and paid to City as its interests may appear.

3.16.3.4 The policy or policies of insurance required by Section

3.16.2.6 (Workers' Compensation) shall be endorsed to provide the following:
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(1) Waiver of Subrogation: A waiver of subrogation stating that the insurer waives all rights of subrogation against the indemnified parties.
(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.

3.16.4 Primary and Non-Contributinq lnsurance. All insurance coverages shall be primary and any other insurance, deductible, or self-insurance maintained by the indemnified parties shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions.

3.16.5Waiver of Subroqation. Required insurance coverages shall not prohibit Contractor from waiving the right of subrogation prior to a loss. Contractor shall waive all subrogation rights against the indemnified parties. Policies shall contain or be endorsed to contain such provisions.

3.16.6Deductible. Any deductible or self-insured retention must be approved in writing by the City and shall protect the indemnified parties 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.

3.16.7 Eviclence of lnsurance. 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 and endorsements on forms approved by the City. 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. lf such coverage is cancelled or reduced, 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

3.16.8 Failure to Maintain Coveraqe. Contractor agrees to suspend and cease all operations hereunder during such period of time as the required insurance coverage is not in effect and evidence of insurance has not been furnished to the City.

The City shall have the right to withhold any payment due Contractor until Contractor has fully complied with the insurance provisions of this Contractor. ln the event that the Contractor's operations are suspended for failure to maintain required insurance coverage, the Contractor shall not be entitled to an cA-10

extension of time for completion of the Work because of production lost during suspension.

3.16.9 Acceptability of lnsurers. Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:Vll and authorized to do business in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California lnsurance Code or any federal law.

3.16.10 lnsurance for Subcontractors. All Subcontractors shall be included 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 lnsurance Requirements, including adding the City as an Additional lnsured to the Subcontractor's policies.

3.17 BondRequirements.

3.17.1 Pavment Bond. lf required by law or othenruise specifically requested by City in Exhibit "8" 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. lf such bond is required, no payment will be made to Contractor until the bond has been received and approved by the City.

3.17.2 Performance Bond. lf specifically requested by City in Exhibit "8" 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. lf such bond is required, no payment will be made to Contractor until the bond has been received and approved by the City.

3.17.3 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. ln the event the surety or Contractor intends to reduce or cancel any required bond, at least th¡rty (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, the 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. To the extent available, the bonds shall further provide that no change or alteration of the Contract (including, without limitation, an increase in the Total Contract Price, as referred to above), extensions of time, or modifications of the time, terms, or conditions of payment to the Contractor, will release the surety. lf the Contractor fails to furnish any required bond, the City may terminate the Contract for cause.
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3.17.4 Suretv Qualifications. Only bonds executed by an admitted surety insurer, as defined in California Code of Civil Procedure Section 995.120, shall be accepted. The surety must be a California-admitted surety with a current A.M. Best's rating no less than A:Vll and satisfactory to the City. lf 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.

3.18 Safetv. 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. ln carrying out its Work, the Contractor 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 as applicable shall include, but shall not be limited to, adequate life protection and life saving 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.

3.19 Warrantv. 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 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. ln 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 cA-12

be the sole responsibility of the 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. ln 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.

3.20 Laws and Requlations. 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 Ca|/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. lf the 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. lf the Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, the Contractor shall be solely responsible for all costs arising therefrom. Contractor shall defend, indemnify and hold City, its officials, directors, 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.

3.21 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, a City Business License. While Contractor will not be charged a fee for any City permits, Contractor shall pay the Cíty's applicable business license fee.

3.22 Trenchinq Work. lf 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. lf such plan varies from the shoring system standards, the plan shall be prepared by a registered civil or structural engineer.

3.23 Hazardous Materials and Differinq 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 cA-13

to be removed to a Class l, Class ll or Class lll 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. ln 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.

3.24 Underqround Utilitv 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.

3.25 Prevailinq Waqes. Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et Sgq., 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. lf the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if 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.

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 the Contractor's principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any faílure or alleged failure to comply with the Prevailing Wage Laws.

3.26 Annrenti ble 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.

3.27 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 (1-112) times the basic rate for that worker.
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3.28 Pavroll Records. ln accordance with the requirements of California Labor Code Section 1776, Contractor shall keep accurate payroll records which are either on forms provided by the Division of Labor Standards Enforcement or which contain the same information required by such forms. Responsibility for compliance with California Labor Code Section 1776 shall rest solely with Contractor, and Contractor shall make all such records available for inspection at all reasonable hours.

3.29 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 "C" and incorporated herein by reference, shall be executed simultaneously with this Contract.

3.30 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.

3.31 Equal Opportunitv Emplovment. 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.

3.32 Anti-Trust Claims. This provision shall be operative if this Contract is applicable to California Public Contract Code Section 7103.5. ln entering into this Contract to supply goods, services or materials, the 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 underthe CartwrightAct (Chapter 2, commencing with Section 16700, of Part 2 of DivisionT 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 the Contractor, without further acknowledgment by the Parties.

3.33 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:

Citv
City of Yorba Linda
4845 Casa Loma Avenue
Yorba Linda, CA 92886
Attn: Brad Skeene
Contractor
Nieves Landscape, lnc.
1629 E. Edinger Ave.

Santa Ana, CA 92707
Attn: Greg Nieves
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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.

3.34 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.

3.35 Time of Essence. Time is of the essence in the performance of this Contract.

3.36 Assiqnment 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. lf Contractor attempts an assignment or transfer of this Contract or any obligatíon, right, title or interest herein, City may, at its option, terminate and revoke the Contract and shallthereupon be relieved from any and all obligations to Contractor or its assignee or transferee.

3.37 Governinq Law. This Contract shall be governed by the laws of the State of California. Venue shall be in Orange County.

3.38 Counterparts. This Contract may be executed in counterparts, each of which shall constitute an original.

3.39 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.

3.40 Attornevs' Fees. lf either Party commences an action against the other Party, either legal, administrative or otherwise, arising out of or in connection with this Contract, the prevailing Party in such action shall be entitled to have and recover from the losing Party reasonable attorneys' fees and all other costs of such action.

3.41 Claims of $375.000 or Less. Notwithstanding any other provision herein, claims of $375,000 or less shall be resolved pursuant to the alternative dispute resolution procedures set forth in California Public Contract Code SS 20f 04, et seq.

3.42 Prohibited lnterests.

3.42.1 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 cA-16

Contract. For breach or violation of this warranty, City shall have the right to terminate this Contract without liability.

3.42.2 Conflict of lnterest. For the term of this Contract, no member, 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. ln addition, Contractor agrees to file, or to cause its employees or subcontractors to file, a Statement of Economic lnterest with the City's Filing Officer as required under state law in the performance of the Work.

3.43 Certification of License. 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.

3.44 Authoritv to Enter Aqreement. Contractor has all requisite power and authority to conduct its business and to execute, deliver and perform the 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. lN WITNESS WHEREOF, each of the Parties has caused this Contract to be executed on the day and year first above written.
[Signatures on following page.]
cA-17

CITY OF YORBA LINDA NIEVES DSCA
By
Name G Nieves
\
By:

Carlos Rodriguez
Mayor
President Title
By:

Attest:

By:

Dianna Honeywell
Finance Director
[f Corporation, TWO Sl President OR

CORPORATE
By
Vice Pres AND , AND

SEAL OF REDI
Name Greg EVES
Title: Secretary
c-27
Classification of Contractor's License
Marcia Brown
City Clerk
Approved as to Form:

Rutan & Tucker LLP
City Attorney
cA-18

EXHIBIT "A''

PLANS AND SPECIFICATIONS
The following plans and specifications are incorporated into this Contract herein by this reference:

GITY HALL LANDSCAPE RENOVATION PROJECT

PLANS AND SPECIFICATIONS
AUGUST 2022
ORANGE\KSD\4984
BBK: DECEMBER 2003
A-l

PROPOSAL BID SHEETS
(Page 1 of 3)
BIDDER'S NAME: Nieves Landscape. lnc.

CITY OF YORBA LINDA PROPOSAL

BID FORM FOR
C¡TY HALL LANDSCAPE RENOVATION

PROJECT

BASE BID

TOTAL BASE BID AMOUNT IN FIGURES

TOTAL BASE BID AMOUNT IN WORDS
$ 136.680.05
One hundred thirtv-six nd six hundred eiqhtv and 05/100 dollars NO. CONSTRUCTION ITEM DESCRIPT¡ON QUANTITY UNIT UNIT

PRICE TOTAL
1 Mobilization 1 LS $9,877.00 $9,877.00
2 Clearing and Grubbing (including removal
and disposal of existing turf, shrubs,
groundcover, miscellaneous site debris,
existing irrigation and concrete header)
1 LS
$10,825.88 $10,825.88
3 Removal and Disposal of Existing Trees l6 EA $348.63 $348.63 4 Landscape Boulder (2' x 2') 4 EA $153.67 $514.68
5 Landscape Boulder (3'x 3') 4 EA 82s4.40 $1 ,017.60
6 Landscape Boulder (4' x 4') 6 EA $463.88 $2,783.28
7 Landscape Boulder (5'x 5') 2 EA $598.18 $1,r96.36 I Landscape Boulder (6' x 6') 3 EA $993_77 $2,981.31 I irrigation System I LS $49,442.40 $49,442.40 10 Soil Prep and Fine Grading 8,570 SF $0.28 $2,399.60
11 Weed Abatement 8,750 SF $0.12 $1 ,oso.oo
12 24" Box Trees 7 EA $457.91 $3,20s.37
13 Shrub - 15 gallon 56 EA $98.33 $5,s06.48
14 Shrub - 5 gallon 509 EA $39.67 $20,192.03
15 Shrub - 1 gallon 661 EA $ 18.78 $12,413.58
16 Wood Mulch - 3" Depth 80 CY $89.33 $7,146.40
17 Ninety (90) Dav Maintenance Period I LS $450.00 $450.00 ORANGE\KSD\4984
BBK: DECEMBER 2003
A-2

EXHIBIT "B''

SPECIAL CONDITIONS

THE CITY REQUIRES CONTRACTOR TO FURNISH PAYMENT AND
PERFORMANCE BONDS PURSUANT TO SECTIONS 3.17.1 AND 3.17 .2 OF THE CONTRACT.

ORANGE\KSD\4984
BBK: DECEMBER 2003
B-l

THE FINAL PREMIUM IS

PREDICATED ON THE

FINAL CONTRACT AMOUNT
Bond No.G522900039
Premium: $1,673.00

FAITHFUL PERFORMANCE BOND
FOR

CITY HALL LANDSCAPE RENOVATION PROJECT
KNOWALL MEN BY THESE PRESENTS, that Nieves Landscape, lnc., as CONTRACTOR, and The Grav lnsurance Companv as SURETY, are held and
firmly bound unto the CITY OF YORBA LINDA as AGENCY, in the penal sum of: One Hundred Th¡rty Six Thousand Six Hundred Eighty Dollars and Five Cents ($136,680.05)which is one hundred percent (100%) of the total contract amount for the above stated project, for the payment of which sums CONTRACTOR and SUREry agree to be bound, jointly and severally, firmly by these presents.

THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas CONTRACTOR has been awarded and is about to enter into the annexed Contract Agreement with AGENCY for the above stated project, if CONTRACTOR faithfully performs and fulfills all obligations under the contract documents in the manner and time specified therein, then this obligation shall be null and void; othenruise it shall remain in full force and effect in favor of AGENCY; provided that any alterations in the obligations or time for completion made pursuant to the terms of the contract documents shall not in any way release either CONTRACTOR or SURETY and notice of such alterations is hereby waived by SURETY.

WITNESS our hands this zotn day of September ,2022
(seal)
Nieves Landsca lnc

CO R (CO RATTON-TYPE)
J
Nieves
a
SE R
NOTE: SIGNATURE OF CORPORATE OFFICIALS AND SURETY OFFICIALS MUST BE

NOTARIZED
ORANGE\KSD\4984
BBK: DECEMBER 2003
B-2

PERFORMANCE BOND (Page 2)
(seal)
The Grav lnsurance Companv

SURETY'S NAME-TYPE
10040 N. 25th Ave., Ste. 118, Phoenix. AZ85021

MAILING ADDRESS (SURETY)
By:

Name DanielHuckabay
Attornev-in-Fact
Title
NOTE: SIGNATURE OF CORPORATE OFFICIALS AND SURETY OFFICIALS MUST BE

NOTARIZED

BOND APPROVED AS TO FORM
CIry ATTORNEY - CITY OF YORBA LINDA
ORANGE\KSD\4984
BBK: DECEMBER 2003
B-3

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 Oranqe
on 0912612022 before me, Melissa Ann Vaccaro Notary Public (insert name and title of the officer)
personally appeared Daniel Huckabav
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
o
ttt
É
u
Cornm. ÈrPires MaY 12'
Signature (Seal)
Ann Vaccaro
o
t)t
u

MELISSA ANN VACCARO
coMM. #2401942
Notary Public4allfornia

ORANGE COUNTY

Commercial Surety Bond & Insurance Agency
091261202271:39 1018134052226

THE GRAY INSURANCE COMPANY

THE GRAY CASUALTY & SURETY COMPANY

GENERAL POWER OF ATTORNEY
Bond Number: GS22900039 Principal: Nieves Landscape, Inc.

Project: City Hall Landscape Renovation Project
KNOW ALL BY THESE PRESENTS, THAT The Gray Insurance Company and The Gray Casualty & Surety Company, corporations duly organized and existing under the laws ofLouisiana, and having their principal offices in Metairie, Louisiana, do hereby make, constitute, and appoint: Daniel Huckabay, Dwight Reilly, Arturo Ayala, Michael Stong, Benjamin Stong, Benjamin Wolfe, Chelsea Arnold, and Frank Morones of Orange, California jointly and severâlly on behalf of each of the Companies named above its true and lawful Attomey(s)-in-Fact, to make, execute, seal and deliver, for and on its behalfand as its deed, bonds, or other writings obligatory in the nature ofa bond, as surety, contracts ofsuretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract of suretyship executed under this authority sha1l exceed the amount of$15,000,000.00.

This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutìons adopted by the Boards of Directors of both The Gray Insurance Company and The Gray Casualty & Surety Company at meetings duly called and held on the 26ù day of June, 2003.
*RESOLVED, that the President, Executive Vice President, any Vice President, or the Secretary be and each or any ofthem hereby is authorized to execute a power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings, and all contracts ofsurety, and that each or any ofthem is hereby authorized to attest to the execution ofsuch Power ofAttorney, and to attach the seal of the Company; and it is
FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be binding upon the Company now and in the futu¡e when so affixed with regard to any bond, undertaking or contract ofsurety to which it is attached.

IN WITNESS WIIEREOF, The Gray Insurance Company and The Gray Casualty & Surety Company have caused their official seals to be hereinto afÏìxed, and these presents to be signed by their authorized offìcers this 28th day ofOctober, 2021. %;/¿2a2,
By: Michael T. Gray
P¡esident
The Gray Insu¡ance Company
Cullen S. Piske
President
The Gray Casualty & Surety Company
State of Louisiana
SS:

Parish ofJefferson
On this 28th day of October,2\2l,before me, aNotary Public, personally appeared Michael T. Gray, President of The Gray Insurance Company, and Cullen S. Piske, President of The Gray Casualty & Surety Company, personally known to me, being duly sworn, acknowledged that they signed the above Power of Attorney and affixed the seals ofthe companies as officers of, and acknowledged said instrument to be the voluntary act and deed, oftheir companies.
f,",lt'dw** titu¡ L$/n*-
Z:,ñl ,a.. Leigir A.nne lìer:ican
fttW -"xiì'J[åIiuu,
\rgɿ*t Orleans parish, Louisiana
Leigh Anne Henican
Notary Public, Parish ofOrleans State ofLouisiana
My Commission is for Life
SE.ÉI¡ sE.ã,L

CALIFORNIA ALL-PURPOSE ACKNOWLEDGM ENT

STATE OF CALIFORNIA
County of Oranqe
On September 26. 2022 before me, Anne Elizabeth Cashman. Notary Public , Dale HeÍe lnsert Name and T¡tle of the Oficer
personally appeared Greq Nieves
Name(s) of Signe(s)
)
,æ¡. ANNE ELIZABETH CASHHAN
Éffi-:::di*,îi:*fü;: \€Wr
v Comm. txpi'es SeP 13, 2025
who proved to me on the basis of satisfactory evidence to be the person(øf whose nameþ) is/a¡d subdcribed to the
within instrument and acknowleôged tô me that heisffe/tþy executed the same in hislhl.r lllléir authorized capaóity(iøs), and that by hislhérltllêir signature(.d) on the instrument the person(g), or the entity upon behalf of which the personþ 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 and seal
Signature
Place Notary Seal Above

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.

Description of Attached Document
Title or Type of Document Citv of Yorba Linda Citv Hall Landscâne Renovation Proiect Performance Bond Document Dale: June29.2022 Numberof Pag es: Two (2)
Signe(s) Other Than Named Above: none
Capacity(ies) Claimed by Signer(s)
Signer's Name Greo Nieves Signer's Name:

I lndividual
E Corporate Officer
-
Title(s):

I lndividual
Ef Corporate Officer
-
Title(s): President, Secretary
fl Partner- [ t¡m¡teo n General
fi Attorney in Fact
I Trustee
n Guardian or Conservator
D other;
Signer ls Representing:

Nieves Landscape, lnc.
n Partner- n t¡miteo n General
I Attorney in Fact
I Trustee
fl Guardian or Conservator
n other:

Top of thumb here
RIGHTÏHUMBPRINT

OF SIGNER
Top of thumb here

RIGHTTHUMBPRINT

OF SIGNER
Signer ls Representing

THE FINAL PREMIUM IS
PREDICATED.ON THE

FINAL CONTRACT AMOUNT
Bond No. GS22900039

MATERIAL AND LABOR PAYMENT BOND
FOR

CITY HALL LANDSCAPE RENOVATION PROJECT
KNOWALL MEN BY THESE PRESENTS, that Nieves Landscape, lnc., as CONTRACTOR, and The Grav lnsurance Comoanv as SURETY, are held and
firmly bound unto the CITY OF YORBA LINDA as AGENCY, in the penal sum of: One Hundred Th¡rty Six Thousand Six Hundred Eighty Dollars and Five Gents ($136,680.05) which is one hundred percent (100%) of the total contract amount for the above stated project, for the payment of which sums CONTRACTOR and SURETY agree to be bound, jointly and severally, firmly by these presents.

THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas CONTRACTOR has been awarded and is about to enter into the annexed Contract Agreement with AGENCY for the above stated project, if CONTRACTOR or any subcontractor fails to pay for any labor or materials of any kind used in the performance of the work to be done under said contract, or fails to submit amounts due under the State Unemployment lnsurance Act with respect to said labor, SURETY will pay for the same in an amount not exceeding the sum set forth above, which amount shall insure to the benefit of all persons entitled to file claims under the State Code of Civil Procedures; provided that any alternations in the work to be done, materials to be furnished, or time for completion made pursuant to the terms of the contract documents shall not in any way release either CONTRACTOR or SURETY and notice of such alterations is hereby waived by SURETY.

WITNESS our hand this29¡¡day of September ,2022
(seal)
co R co oRATTON-TYPE)
urer
NOTE: SIGNATURE OF CORPORATE OFFICIALS AND SURETY OFFICIALS MUST BE

NOTARIZED
oRnNcetxdor¿ga¿
nc.
(
BBK: DECEMBER 2003
B-4

PAYMENT BOND (Page 2)
(seal) The Grav lnsu Comoanv
Surety's Name - Type
10040 N. 25th Ave.. Ste. 1 18. Phoenix, FZ85021
Mailing Address (Surety)
By
Name DanielHuckabay
Attorney-in-Fact
Title
NorE: SIGNATURE oF coRPoRATE oFFlclALS AND suRETy MUST BE

NOTARIZED

BOND APPROVED AS TO FORM

CITY ATTORNEY - CITY OF YORBA LINDA
ORANGE\KSD\4984
BBK: DECEMBER 2003
B-5

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 Orange )
On 0912612022 before me, Melissa Ann Vaccaro Notarv Public (insert name and title of the officer)
personally appeared f'ìanial l-lr ¡¡l¿al.rar¡
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 officialseal IllELISSA I\NN VACCARO o
ttt
lr
coMM. #240l.942 o
(,
u
t!
Notary Public{aliforn¡a

ORANGE COUNTY
Comm. E\p¡res May 12,
Signature (Seal)

Commercial Surety Bond & Insurance Agency
09/26/2022 1l:39 1018134052226

THE GRAY INSURANCE COMPANY

THE GRAY CASUALTY & SURETY COMPANY

GENERAL POWER OF ATTORNEY
Bond Number: GS22900039 Principal: Nieves Landscape, Inc.

Project: City Hall Landscape Renovation Project
KNOW ALL BY THESE PRESENTS, THAT The Gray Insurance Company and The Gray Casualty & Surety Company, corporations duly organized and existing under the laws of Louisiana, and having their principal offices in Metairie, Louisiana, do hereby make, constitute, and appoint: Daniel Huckabay, Dwight Reilly, Arturo Ayala, Michael Stong, Benjamin Stong, Benjamin Wolfe, Chelsea Ärnold, ând Frank Morones of Orange, California jointly and severally on behalf of each of the Companies named above its true and lawful Attomey(s)-in-Fact, to make, execute, seal and deliver, for and on its behalfand as its deed, bonds, or other writings obligatory in the nature ofa bond, as surety, cont¡acts ofsuretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking o¡ contract of suretyship executed under this authority shall exceed the amount of$15,000,000.00.

This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both The Gray Insurance Company and The Gray Casualty & Surety Company at meetings duly called and held on the 26ú day of June, 2003.
"RESOLVED, that the President, Executive Vice President, any Vice President, or the Secretary be and each or any ofthem hereby is authorized to execute a power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings, a¡d all conhacts ofsurety, and that each or any ofthem is hereby authorized to attest to the execution ofsuch Power ofAttorney, and to attach the seal of the Company; and it is
FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attomey or certifìcate bearing such facsimile signature or facsimile seal shall be binding upon the Company now and in the future when so affixed with regard to any bond, undertaking or contract ofsurety to which it is attached.

IN WITNESS WHEREOF, The Gray Insurance Company and The Gray Casualty & Surety Company have caused their official seals to be he¡einto affìxed, and these presents to be signed by their authorized officers this 28th day ofOctober, 2021. %;/¿Zaz,
By: Michael T. Gray
President
The Gray Insurance Company
Cullen S. Piske
President
The Gray Casualty & Surety Company
State ofLouisiana
ss:

Parish ofJefferson
On this 28th day of October,2\2l,before me, aNotary Public, personally appeared Michael T. Gray, President of The Gray Insurance Company, and Cullen S. Piske, President of The Gray Casualty & Surety Company, personally known to me, being duly sworn, acknowledged that they signed the above Power ofAttorney and affixed the seals ofthe companies as officers of, and acknowledged said instrument to be the voluntary act and deed, oftheir companies.
!1"#-i$w** çir¿ø Ltu*
Zî: fr' ,+: Leigìr A.ane lìenic¿n
r4ü,W -"lii3ftT;uu,
\ì(jåC O¡leans parish, Louísiana
Leigh Anne Henican
Notary Public, Parish of Orleans State of Louisiana
My Commission is for Life
SEã,I, SEtrI,

CALIFORNIA ALL.PURPOSE ACKNOWLEDGM ENT

STATE OFCALIFORNIA
County of Oranoe
On September 26. 2022 before me,
Dâtê
)
personally appeared Nieves
who proved to me on the basis of satisfactory evidence to be the personþf whose name(p.f is/qþ subdcribed to the
within instrumeht and acknowledged to me that he/sÞé/tl2éy exec uted t h e same in his/ lp r I th{ír auth ori zed capacity( iósÍ, and that by hislhp:'lthgir signature(øl on the instiumenlthe person(9), or the entity upon behalf of which the person/s) Æl\ acted, executed the instrument. ANNE tLtzÁBETH c.AsHnAN W.,*ü*iffi*i*i;,, I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
í2
Witness my and seal.

Signature
Place Notary Seal Above

OPTIONAL
Though the information below- is not. required by, law, it may prove vatuabte to persons retying on the document and could prevent fraudulent removal and reattachment of this form to anothei dõcument.

Description of Attached Document
Title or Type of Document: Citv of Yorba Linda Hall Landscaoe Renovation Proiect Pa Bond Document Date .hne )Q 2ñ)2 Number of Pages: Two (2)
Signer(s) OtherThan Named Above: none
Capacity(ies) Claimed by Signer(s)
Signer's Name: Greo Nieves
fl lndividual
El Corporate Officer
-
Title(s): President, Secretary
fl Partner- fl t¡m¡teo fl General
Ü Attorney in Fact
I Trustee
fl Guardian or Conservator
n other:*--
Signer ls Represonting:

Nieves Landscape, lnc.

Signer's Name:

I lndividual
n Corporate Officer
-
Title(s):

I P¿¡1¡s¡- n LimiteO I General
E Attorney in Fact
n Trustee
n Guardian or Conservator
D other:
ïop of thumb here

RIGHTTHUMBPRINT

OF SIGNER
Top of thumb here
R!GHTTHUMBPRINT

OF SIGNER
Signer ls Representing

EXHIBIT .,C''
CERTIF¡CATION
LABOR CODE . SECTION 1861
l, the undersigned Contractor, am aware of the provisions of Section 3700, et seq., 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 the Code, and l, the undersigned Contractor, agree to and will comply with such provisions before commencing the performance of the Work on this Contract.

Nieves
By:

Greg
President
ORANGE\KSD\4984
lnc
BBK: DECEMBËR 2003
B-6

CITY OF YORBA LINDA

CALIFORNIA

SPECIFICATIONS

FOR THE

CITY HALL LANDSCAPE RENOVATION PROJECT
AUGUST 2022

CITY OF YORBA LINDA
4845 CASA LOMA AVENUE
YORBA LINDA, CALIFORNIA 92886

i

CITY OF YORBA LINDA

TABLE OF CONTENTS

FOR THE

CITY HALL LANDSCAPE RENOVATION PROJECT
NOTICE INVITING SEALED BIDS...............................................................................NIB-1 INSTRUCTIONS TO BIDDERS.......................................................................................IB-1

PROPOSAL DOCUMENTS
Proposal ...................................................................................................................P-1 Bidders information ..................................................................................................P-3 List of Subcontractors...............................................................................................P-4 References...............................................................................................................P-5 Contractor's Licensing Statement ...........................................................................P-6 Bid Bond...................................................................................................................P-7 Non-Collusion Affidavit.............................................................................................P-9 Proposal Bid Sheets...............................................................................................P-10

CONTRACT DOCUMENTS
Contract Agreement ..............................................................................................CA-1 Faithful Performance Bond.......................................................................................B-2 Material and Labor Payment Bond...........................................................................B-4 Certification Labor Code.......................................................................................... C-1

GENERAL SPECIFICATIONS
Scope of Work.......................................................................................................GS-1 Location of Work ...................................................................................................GS-1 Traffic Requirements.............................................................................................GS-1 Special Requests ..................................................................................................GS-1 Project Inspections................................................................................................GS-2 Supervision and Skills ...........................................................................................GS-2 Emergency Response….. .....................................................................................GS-2 License and Permits..............................................................................................GS-2 Dress Code and Appearance................................................................................GS-2 Safety Orders ........................................................................................................GS-2 Utility Requirements ..............................................................................................GS-3 The City’s Right to do Work...................................................................................GS-4 Cooperation and Collateral Work ..........................................................................GS-4 Flow and Acceptance of Water .............................................................................GS-4 Protection of Property during Inclement Weather .................................................GS-5 Protection of Existing Facilities and Structures .....................................................GS-5 Removal of Water..................................................................................................GS-5 Standard Specifications.........................................................................................GS-6

ii
Wage Rates and Labor Code Requirements ........................................................GS-7 Resolution of Construction Claims ........................................................................GS-8 Clayton Act and Cartwright Act ...........................................................................GS-10 Substitutions and Securities................................................................................GS-10 Method of Payment.............................................................................................GS-11 Hours of Work and Scheduling ...........................................................................GS-11 Sound Control Requirements..............................................................................GS-11 Construction and Maintenance Equipment Vehicles...........................................GS-11 Additions/Deletions to Specifications ..................................................................GS-12

SPECIAL PROVISIONS
PART 1 - GENERAL PROVISIONS......................................................................SP-1 TECHNICAL SPECIFICATIONS…………………………………………………………... TP-1

NIB-1

CITY OF YORBA LINDA

NOTICE INVITING SEALED BIDS

FOR THE

CITY HALL LANDSCAPE RENOVATION PROJECT
NOTICE IS HEREBY GIVEN that sealed bids will be received by the City of Yorba Linda, as AGENCY, for furnishing all materials, equipment, tools, labor and incidentals as required for the above stated project in strict accordance with the specifications and drawings on file at the office of the City Clerk of the City of Yorba Linda.

Bids will be received at the office of the City Clerk, City of Yorba Linda, until 9:00 a.m. on Thursday, September 15, 2022, at which time and place the bids will be publicly opened and read aloud. Bids shall be submitted in sealed envelopes marked on the outside,
“SEALED BID FOR CITY HALL LANDSCAPE RENOVATION PROJECT– DO NOT OPEN WITH REGULAR MAIL.”
The work to be conducted hereunder is located at Yorba Linda City Hall, 4845 Casa Loma Ave., Yorba Linda, CA 92886.

THERE WILL BE A PRE-BID JOB SITE INSPECTION ON TUESDAY, AUGUST 30, 2022, AT THE JOB LOCATION.

The Agency reserves the right, after opening bids, to reject any or all bids, or to make award to the lowest responsible bidder and reject all other bids; to waive any informality in the bidding; and to accept any bid or portion thereof; and to take all bids under advisement for a period of Ninety (90) calendar days. Bids will be compared on the basis of the Engineer's estimate of the quantities of the several items of work as shown on the Bid Sheets. Only such plans, specifications, and items of work as are appropriate shall apply to the work as bid.

At the time of contract award, the contractor shall possess a Class A Contractor's License or a combination of Specialty Contractor's License(s) adequate to perform the work herein described. All subcontractors shall have equivalent licenses for their specific trades. The contractor and all subcontractors shall have a valid City of Yorba Linda business license prior to commencing work. The contractor and all subcontractors must obtain all necessary building permits with the City of Yorba Linda.

Each bid must be accompanied by a certified or cashier's check, or by a corporate surety bond on the form furnished by the AGENCY, as a guarantee that the bidder will,

NIB-2
if an award is made to him in accordance with the terms of his bid, promptly secure workmen's compensation insurance and liability insurance, execute a contract in the required form, and furnish satisfactory bonds for the faithful performance of the contract and for the payment of claims of material and laborers thereunder. Said check or bidder's bond shall be in an amount not less than 10 percent of the amount of the bid.

The Performance Bond shall be not less than 100 percent of the total amount of the bid price named in the contract. The Payment Bond shall be not less than 100 percent of the total amount of the bid price named in the contract. The AGENCY reserves the right to reject any bond if, in the opinion of the AGENCY Attorney, the Surety's acknowledgment is not in the form included in the contract documents or in another form substantially as prescribed by law.

Minimum wage rates for this project have been predetermined by the Secretary of Labor. If there is a difference between the minimum wage rates predetermined by the Secretary of Labor and the prevailing wage rates as determined by the State for similar classifications of labor, the Contractor and his subcontractors shall pay not less than the higher wage rate.

In accordance with provisions of Section 1773.2 (amended 1977) of the California Labor Code copies of the prevailing rate of per diem wages as determined by the State Director of Industrial Relations are on file in the office of the Engineering Department of the City of Yorba Linda. It shall be mandatory upon the Contractor to whom the contract is awarded and upon any subcontractor under him to pay not less than said specified rates to all workmen employed by them in the execution of the contract.

CONTRACTOR’S REGISTRATION: In accordance with Labor Code section 1771.1, a contractor or subcontractor shall not be qualified to (a) bid on a or be listed in a bid proposal or (b) engage in the performance of any contract for public work, unless currently registered and qualified to perform the public work pursuant to Labor Code section 1725.5. A bid shall not be accepted, nor any contractor or subcontract entered into without proof of the contractor or subcontractor’s current registration to perform the public work pursuant to Labor Code section 1725.5.

COMPLIANCE MONITORING AND ENFORCEMENT: Pursuant to Labor Code section 1771.4, Contractor’s performance of the work described in this Notice Inviting Bids is subject to compliance monitoring and enforcement by the California Department of Industrial Relations.

The City of Yorba Linda hereby notifies all bidders that it will affirmatively insure that in any contract entered into pursuant to this advertisement, Disadvantaged Business and Women's Business Enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, creed, color, or national origin in consideration for an award.

The Contract Documents call for monthly progress payments based upon the Engineer's estimate of the percentage of work completed. The AGENCY will retain 5 percent of each progress payment as security for completion of the balance of the work.

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At the request and expense of the successful bidder, the City will pay the amounts so retained upon compliance with the requirements of Government Code Section 4590 and the provisions of the Contract Documents pertaining to the Substitution of Securities.

Complete sets of said contract documents shall be made available by contacting Kelly Ridenour, at [email protected] or on the City website, www.yorbalindaca.gov.

Dated this ___ day of , 2022.

CITY OF YORBA LINDA

CALIFORNIA

BY:

Marcia Brown
City Clerk
4845 Casa Loma Avenue
Yorba Linda, CA 92886
(714) 961-7100

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CITY OF YORBA LINDA

INSTRUCTIONS TO BIDDERS
FOR

CITY HALL LANDSCAPE RENOVATION PROJECT

1. PROPOSAL FORMS
Bids shall be submitted in writing on the Proposal forms provided by the AGENCY.

All information requested therein must be clearly and legibly set forth in the manner and form indicated. The AGENCY will not consider any proposal not meeting these requirements.

2. PROPOSAL GUARANTEE (BID BOND)
Proposals must be accompanied by a proposal guarantee consisting of a certified check or bid bond payable to the AGENCY in the minimum amount of ten percent (10%) of the total amount bid. Any proposal not accompanied by such a guarantee will not be considered. If a bidder to whom a contract is awarded fails or refuses to execute the contract documents or furnish the required insurance policies and bonds as set forth in those documents, the proposal guarantee shall be forfeited to the AGENCY. The proposal guarantees of all bidders will be held until the successful bidder has properly executed all contract documents.

3. NON-COLLUSION AFFIDAVIT
Bidder shall declare that the only persons or parties interested in the proposal as principals are those named therein; that no officer, agent, or employee of the AGENCY is personally interested, directly or indirectly, in the proposal; that the proposal is made without connection to any other individual, firm, or corporation making a bid for the same work; and that the proposal is in all respects fair and without collusion or fraud. The Non-Collusion Affidavit shall be executed and submitted with the proposal.

4. PROPOSAL BID SHEET
Bidders shall give unit prices for each, and all of the items set forth. No aggregate bids will be considered. The bidder shall set forth for each item of work, in clearly legible figures, a unit item price and a total for the item in the respective spaces provided for this purpose. The quantities listed in the Bid sheets are supplied to give an indication of the general scope of work, but the accuracy of figures is not guaranteed, and the bidder shall make his own estimates from the drawings. In case of a variation between the unit price and the totals shown by the bidder, the unit price will be considered to be the bid.

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5. DELIVERY OF PROPOSAL
Proposals may be mailed or delivered by messenger. However, it is the bidder's responsibility alone to ensure delivery of the proposal to the hands of the AGENCY's designated official prior to the bid-opening hour stipulated in the "Notice Inviting Sealed Bids." Late proposals will not be considered. Proposals shall be enclosed in a sealed envelope plainly marked on the outside, “SEALED BID FOR CITY HALL LANDSCAPE RENOVATION PROJECT– DO NOT OPEN WITH REGULAR MAIL.”

6. WITHDRAWAL OF PROPOSALS
A proposal may be withdrawn by a written request signed by the bidder. Such requests must be delivered to the AGENCY's designated official prior to the bidopening hour stipulated in the "Notice Inviting Sealed Bids". The withdrawal of a proposal will not prejudice the right of the bidder to submit a new proposal, providing there is time to do so. Proposals may not be withdrawn after said hour without forfeiture of the proposal guarantee.

7. IRREGULAR PROPOSALS
Unauthorized conditions, limitations, or provisions attached to a proposal will render it irregular and may cause its rejection. The completed proposal forms shall be without interlineation, alterations, or erasures. Alternative proposals will not be considered unless specifically requested. No oral, telegraphic, or telephonic proposal, modification, or withdrawal will be considered.

8. TAXES
No mention shall be made in the proposal of Sales Tax, Use Tax, or any other tax, as all amounts bid will be deemed and held to include any such taxes, which may be applicable.

9. DISQUALIFICATION OF BIDDERS
In the event that any bidder acting as a prime contractor has an interest in more than one proposal, all such proposals will be rejected, and the bidder will be disqualified. This restriction does not apply to subcontractors or suppliers who may submit quotations to more than one bidder.

No contract will be executed unless the bidder is licensed in accordance with the provisions of the State Business and Professions Code.

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10. INTERPRETATION OF PLANS AND DOCUMENTS
If any person contemplates submission of a bid for the proposed contract and is in doubt as to the true meaning of any part of the plans, specifications or other proposed contract documents, or finds discrepancies in, or omissions from, the drawings or specifications, he may submit to the City Representative of said AGENCY a written request for an interpretation or correction thereof. The person submitting the request will be responsible for its prompt delivery. Any interpretation or correction of the proposed documents shall be made only by addendum duly issued and copy of such addendum will be mailed or delivered to each person receiving a set of such documents. The City Representative will not be responsible for any other explanation or interpretations of the proposed documents. Request for Information (RFI) must be made to the City Representative, via email - [email protected], no later than 9:00 a.m., Tuesday, September 6, 2022.

Parks and Recreation Department
City of Yorba Linda
714-961-7160

11. ADDENDA OR BULLETINS
The effect of all addenda to the Contract Documents shall be considered in the bid and said addenda shall be made a part of the contract documents and shall be returned with them. Before submitting his bid, each bidder shall inform himself as to whether or not any addenda have been issued, and failure to cover in this bid any such addenda issued, may render his bid irregular, and may result in its rejection by the AGENCY.

12. LEGAL RESPONSIBILITIES
All proposals must be submitted, filed, made, and executed in accordance with State and Federal laws relating to bids for contracts of this nature whether the same are expressly referred to herein or not.

Any Bidder submitting a proposal shall by such action thereby agree to each and all of the terms, conditions, provisions, and requirements set forth, contemplated, and referred to in the Plans, Specifications, and Contract Documents, and to full compliance therewith.

13. AWARD OF CONTRACT
Following a review of the bids, the AGENCY shall determine whether to award the contract or to reject all bids. The award of contract, if made, will be to the lowest responsible Bidder as determined solely by the AGENCY. At the time of contract award, the successful Bidder shall possess a State of California Class A

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Contractor’s License or a combination of Specialty Contractor’s License(s) adequate to perform the work here-in described. All subcontractors shall have equivalent licenses for their specific trades issued by the State of California. The Contractor and all subcontractors shall have a valid City of Yorba Linda business license prior to commencing any work. The contractor and all subcontractors must obtain all necessary building permits with the City of Yorba Linda.

Additionally, the AGENCY reserves the right to reject any or all proposals, to accept any bid or portion thereof, to waive any irregularity, and to take the bids under advisement for the period of time stated in the "Notice Inviting Sealed Bids", all as may be required to provide for the best interests of the AGENCY. In no event will an award be made until all necessary investigations are made as to the responsibility and qualifications of the Bidder to whom the award is contemplated.

No bidder may withdraw his proposal for a period of ninety (90) days after the time set for opening thereof. However, the AGENCY will return all proposal guarantees within ten (10) days after the award of the contract or rejection of the bids, as the case may be, to the respective bidders whose proposals they accompany.

14. LABOR CODE
Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the AGENCY has obtained the general provisions rate of per diem wages and the general prevailing rate for holiday and overtime work in this locality for each craft, classification or type of workman needed to execute the contract from the State Director of the Department of Industrial Relations. These rates are on file with the Clerk of the AGENCY, and copies will be made available to any interested party on request. It shall be the responsibility of the prime Contractor to comply with all applicable sections of the Labor Code.

Travel and subsistence payments to each workman needed to execute the work shall be made as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with Section 1773.8 of the Labor Code.

The Contractor shall comply with the provisions of Section 1774 of the Labor Code.

Failure to comply with the subject section will subject the Contractor to penalty and forfeiture provisions of Section 1775 of the Labor Code.

Pursuant to the provisions of Section 1770 of the Labor Code, the general prevailing rate of wages has been ascertained (which rate includes employer payments for health and welfare, vacation, pension and similar purposes) applicable to the work to be done, for straight time, overtime, Saturday, Sunday and holiday work. The holiday wage rate listed shall be applicable to all holidays recognized in the collective bargaining agreement of the particular craft, classification or type of workmen concerned.

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The AGENCY will not recognize any claim for additional compensation because of the payment by the Contractor of any wage rate in excess of the prevailing wage rate or the Federal Minimum Wage Rate (whichever is greater) as set forth in the contract. The possibility of wage increases is one of the elements to be considered by the Contractor in determining his bid and will not under any circumstances be considered as the basis of a claim against the AGENCY on the contract.

The Contractor and subcontractors shall comply with Section 1777.6 which stipulates that it shall be unlawful to refuse to accept otherwise qualified employees as registered apprentices solely on the grounds of race, religious creed, color, national origin, ancestry, sex, or age, except as provided in Section 3077, of such employee.

CONTRACTOR’S REGISTRATION: In accordance with Labor Code section 1771.1, a contractor or subcontractor shall not be qualified to (a) bid on a or be listed in a bid proposal or (b) engage in the performance of any contract for public work, unless currently registered and qualified to perform the public work pursuant to Labor Code section 1725.5. A bid shall not be accepted, nor any contractor or subcontract entered into without proof of the contractor or subcontractor’s current registration to perform the public work pursuant to Labor Code section 1725.5.

15. WORKER'S COMPENSATION CERTIFICATE
Section 3700 of the State Labor Code requires that every employer shall secure the payment compensation by either being insured against liability to pay compensation with one or more insurers or by securing a certificate of consent to self-insure from the State Director of Industrial Relations.

In accordance with this section and with Section 1861 of the State Labor Code, the Contractor shall sign a Compensation Insurance Certificate, which is included with the Contract Agreement, and submit same to City along with the other required contract documents, prior to performing any work. Reimbursement for this requirement shall be considered as included in the various items of work.

16. CLAYTON ACT AND CARTWRIGHT ACT
In accordance with Section 7103 of the Public Contract Code, in entering into a public works contract or a subcontract to supply goods, services or materials pursuant to a public works contract, the contractor or subcontractor offers and agrees to assign to the awarding body all rights, and interest in and all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2(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 public works contract or the subcontract. This assignment shall be made and become effective at the time the

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awarding body tenders final payment to the Contractor, without further acknowledgment by the parties.

17. SUBLETTING AND SUBCONTRACTING.

Pursuant to the Subletting and Subcontracting Fair Practices Act (commencing with Section 4100 of the Public Contract Code), bidders are required to list in their proposal the name and location of place of business of each subcontractor who will perform work or labor or render services in or about the construction of the work or improvement or a subcontractor who specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the Plans and Specifications in excess of 1/2 of 1% of this prime Contractor's total bid or $10,000, whichever is greater. Failure to list a subcontractor for a portion of the work means that the prime Contractor will do that portion of the work. It is the AGENCY's intent for the Subletting and Subcontracting Fair Practices Act to apply to all phases of the work.

18. SUBSTITUTION OF SECURITIES
In conformance with the State of California Government Code, Chapter 13, Section 4590, the Contractor may substitute securities for any monies withheld by the Agency to ensure performance under the contract.

At the request and expense of the Contractor, securities equivalent to the amount withheld shall be deposited with the City, or with a State or federally chartered bank as the escrow agent, who shall pay such monies to the Contractor upon notification by AGENCY of Contractor’s satisfactory completion of the contract.

The type of securities deposited, and the method of release shall be approved by the City Attorney’s office.

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CITY OF YORBA LINDA

PROPOSAL

CITY HALL LANDSCAPE RENOVATION PROJECT
TO CITY OF YORBA LINDA, as AGENCY:

In accordance with AGENCY's "Notice Inviting Sealed Bids", the undersigned BIDDER hereby proposes to furnish all materials, equipment, tools, labor, and incidentals required for the above stated project as set forth in the Plans, Specifications, and Contract Documents therefore, and to perform all work in the manner and time prescribed therein.

BIDDER declares that this proposal is based upon careful examination of the work site, Plans, Specifications, Instructions to Bidders, and Contract Documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Proposal Bid Sheet. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the Bid Bond accompanying this proposal.

BIDDER understands that a bid is required for the entire work that the estimated quantities set forth in the Proposal Bid Sheet are solely for the purpose of comparing bids, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, and fees. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts.

LICENSE REQUIREMENT: At the time of contract award, the CONTRACTOR shall possess a State of California Class C Contractor’s License or a combination of Specialty Contractor’s License(s) adequate to perform the work here-in described. All subcontractors shall have equivalent licenses for their specific trades. The Contractor and all subcontractors shall have a valid City of Yorba Linda business license prior to commencing any work. The contractor and all subcontractors must obtain all necessary building permits with the City of Yorba Linda.

BIDDER agrees and acknowledges that he is aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for workman’s compensation or to undertake self-insurance in accordance with the provisions of that code, and that the BIDDER will comply with such provisions of that code before commencing the performance of this Contract if awarded to it.

BIDDER certifies that in all previous contracts or subcontracts, all reports which may have been due under the requirements of any agency, State, or Federal equal employment opportunity orders have been satisfactorily filed, and that no such reports are currently outstanding.

BIDDER declares that the only persons or parties interested in this proposal as principals are those named herein; that no officer, agent, or employee of the AGENCY is personally interested, directly or indirectly, in this proposal; that this proposal is made without connection to any other individual, firm, or corporation making a bid for the same work; and that this proposal is in all respects fair and without collusion or fraud.

BIDDER certifies that affirmative action has been taken to seek out and consider disadvantaged business enterprises for those portions of the work to be subcontracted, and that such affirmative actions have been carefully documented, that said documentation is open to inspection, and that said affirmative action will remain in effect for the life of any contract awarded hereunder.

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Furthermore, BIDDER certifies that affirmative action will be taken to meet all equal employment opportunity requirements of the contract documents.

BIDDER'S NAME DATE __________________________
BIDDER'S ADDRESS:

BY
(Print Name)

(Signature)
PHONE NO. ( ) TITLE
Subscribed and sworn to before me BY
(Print Name)
this day of , 2022
(Signature of Notary Public) (Signature)
TITLE
(SEAL)

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BIDDER'S INFORMATION
BIDDER certifies that the following information is true and correct:

Bidder's Name
Business Address
Telephone: ( )
State Contractor's License No. and Class
Original Date Issued ______________ Expiration Date
DIR Contractor Registration Number__
The following are the names, titles, addresses, and phone numbers of all individuals, firm members, partners, joint ventures, and/or corporate officers having a principal interest in this proposal:

The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows:

All current and prior DBA's, alias, and/or fictitious business names for any principal having an interest in this proposal are as follows:

Subscribed and sworn to before me By______________________________ (Print Name)
this day of , 2022. _________
(Signature)
________________________________________
(Signature of Notary Public)
Title
(SEAL)
Date _________________ , 2022.

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BIDDER’S NAME

LIST OF SUBCONTRACTORS
BIDDER proposes to subcontract certain portions of the work, and to procure materials and equipment from suppliers and vendors as follows:

Subcontractor name
Address
License No. and Class
Percent of Total Contract
Specific Items of Work
Subcontractor name
Address
License No. and Class
Percent of Total Contract
Specific Items of Work
Subcontractor name
Address
License No. and Class
Percent of Total Contract
Specific Items of Work
Subcontractor name
Address
License No. and Class
Percent of Total Contract
Specific Items of Work

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BIDDER’S NAME

REFERENCES

The following are the names, addresses, and phone numbers for three (3) public agencies for which BIDDER has performed similar work within the past two years:

Agency Name
Address
Phone No. Contact:

Description of Work
Agency Name
Address
Phone No. Contact:

Description of Work
Agency Name
Address
Phone No. Contact:

Description of Work

DESIGNATION OF SURETIES
The following are the names, addresses, and phone numbers for all brokers and sureties from whom BIDDER intends to procure insurance and bonds:

Name
Address
Phone No.

Name
Address
Phone No.

Name
Address
Phone No.

Name
Address
Phone No.

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CONTRACTOR'S LICENSING STATEMENT
Bidder certifies that the following is true and correct. The undersigned is licensed in accordance with the laws of the State of California providing for the registration of Contractors.

Contractor's License Number ___________________________________ Name of Individual Contractor (Print or type):

Signature of Owner(s)
Business Address
or
Name of Company
Business Address
Officers:

Name: Title:

Name: Title:

Name: Title:
or
Name of Corporation
Business Address
Corporation organized under the laws of the State of
Subscribed and sworn to before me
this ______ day of ____________, 2022 Signature of President of Corp./Company

_________________________________ ____________________________________ (Signature of Notary Public) Signature of Secretary of Corp./Company (SEAL) (SEAL)

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BID BOND (PAGE 1 OF 2)

CITY OF YORBA LINDA

BID BOND

FOR THE

CITY HALL LANDSCAPE RENOVATION PROJECT
KNOW ALL MEN BY THESE PRESENTS that ______ , as BIDDER, and _____ as SURETY, are held and firmly bound unto the City of Yorba Linda, as AGENCY, in the penal sum of dollars ($ ), which is ten percent (10%) or more of the total amount bid by BIDDER to AGENCY for the above stated project, for the payment of which sum, BIDDER and SURETY agree to be bound, jointly and severally, firmly by these presents.

THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas BIDDER is about to submit a bid to AGENCY for the above stated project, if said bid is rejected, or if said bid is accepted and a contract is awarded and entered into by BIDDER and BIDDER files the required Faithful Performance and Labor and Material Bonds in the manner and time specified, then this obligation shall be null and void, otherwise it shall remain in full force and effect in favor of AGENCY.

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

WITNESS our hands this ________ day of _____________, 2022.

CONTRACTOR (CORPORATION)-TYPE
(SEAL) By:

President
By:

Secretary/Treasurer
Subscribed and sworn to before me
this ______ day of _____________, 2022.

Seal of Notary ____________________________
(Signature of Notary Public) (SEAL)

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BID BOND (PAGE 2 OF 2)

SURETY'S NAME-TYPE

Mailing Address
(SEAL)
By:

Name (print)

Signature

Title
Subscribed and sworn to before me
this ______ day of _______________, 2022.
___________________________________ (SEAL)
(Signature of Notary Public)

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BIDDER’S NAME

NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND

SUBMITTED WITH BID

STATE OF CALIFORNIA )
) SS

COUNTY OF )
, being first duly sworn, deposes and says that he or
she is of _______________________________________ the
party making the foregoing bid that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that such bid is genuine and not collusive or sham; that said bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that 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, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and further, that 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, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agency thereof to effectuate a collusive or sham bid."
Signed __________________________________
__________________________________
__________________________________
Title
Subscribed and sworn to before me
this _____ day of _________________, 2022.

Seal of Notary _____________________________________________ Notary Public

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PROPOSAL BID SHEETS BIDDER'S NAME:_________________________ (Page 1 of 3)

CITY OF YORBA LINDA

PROPOSAL BID FORM
FOR

CITY HALL LANDSCAPE RENOVATION PROJECT

BASE BID
NO. CONSTRUCTION ITEM DESCRIPTION QUANTITY UNIT UNIT

PRICE TOTAL
1 Mobilization 1 LS $ $
2 Clearing and Grubbing (including removal
and disposal of existing turf, shrubs,
groundcover, miscellaneous site debris,
existing irrigation and concrete header)
1 LS
$ $
3 Removal and Disposal of Existing Trees 16 EA $ $
4 Landscape Boulder (2' x 2') 4 EA $ $
5 Landscape Boulder (3' x 3') 4 EA $ $
6 Landscape Boulder (4' x 4') 6 EA $ $
7 Landscape Boulder (5' x 5') 2 EA $ $
8 Landscape Boulder (6' x 6') 3 EA $ $
9 Irrigation System 1 LS $ $
10 Soil Prep and Fine Grading 8,570 SF $ $
11 Weed Abatement 8,750 SF $ $
12 24" Box Trees 7 EA $ $
13 Shrub - 15 gallon 56 EA $ $
14 Shrub - 5 gallon 509 EA $ $
15 Shrub - 1 gallon 661 EA $ $
16 Wood Mulch - 3" Depth 80 CY $ $
17 Ninety (90) Day Maintenance Period 1 LS $ $
TOTAL BASE BID AMOUNT IN FIGURES $ ___________________

TOTAL BASE BID AMOUNT IN WORDS
________________________________________________________________________________ ________________________________________________________________________________

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PROPOSAL BID SHEETS BIDDER'S NAME:______________________ (Page 2 of 3)

CITY OF YORBA LINDA

PROPOSAL BID SHEETS

FOR THE

CITY HALL LANDSCAPE RENOVATION PROJECT
1 The quantities listed for each item in the Proposal Bid Sheets are supplied to give an indication of the general scope of work, but the accuracy of these figures is not guaranteed, and the BIDDER shall make his own estimates from the Plans & Specifications. In case of a variation between the Unit Price and the corresponding item Total shown by the BIDDER, the Unit Price shall be considered to be the Bid. The Bidder will be paid for each item by the actual quantity required and installed on the project.
2 The City of Yorba Linda desires to construct all improvements within these Plans & Specifications . However, the CITY reserves the right to reject portions or all of the above bid items if sufficient funds are not available, or the CITY determines it is not in the CITY's best interest to award the Contract.

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PROPOSAL BID SHEETS BIDDER'S NAME:______________________ (Page 3 of 3)

CITY OF YORBA LINDA

PROPOSAL BID SHEETS

FOR THE

CITY HALL LANDSCAPE RENOVATION PROJECT

PROPOSAL
No compensation will be allowed for disposing of rejected or excess material. The City reserves the right to reject all bids and to increase or decrease the amount of any quantity shown on the Proposal Bid Sheets. Award of contract shall be base on lowest responsible bidder’s base bid, in the event of awarding additive alternate(s), the award will be determined by the lowest responsible bidder’s total of base bid plus additive alternate(s) selected. In case of a variation between the unit price and the totals shown by the bidder, the total cost will be considered to be the bid.

Bidder's Name
Telephone No.

IN WITNESS WHEREOF, BIDDER executes and submits this proposal with the names, titles, hands, and seals of all forenamed principals this ______ day of ______________, 2022.

BIDDER ________________________________________________ ________________________________________________________ ________________________________________________________ ________________________________________________________ Subscribed and sworn to before me this _____ day of ____________, 2022.

SIGNATURE NOTARY PUBLIC _______________________________ By______________________________________
(PRINT)
________________________________________
(SIGNATURE)
(SEAL)
Title____________________________________

CA-1

CITY OF YORBA LINDA

CONSTRUCTION CONTRACT

CITY HALL LANDSCAPE RENOVATION PROJECT

1. PARTIES AND DATE.

This Contract is made and entered into this day of ,
2022, by and between the City of Yorba Linda, a municipal organization organized under the laws of the State of California with its principal place of business at 4845 Casa Loma Avenue, Yorba Linda, California 92886 (“City”) and [INSERT NAME], a [INSERT TYPE OF ENTITY - CORPORATION, PARTNERSHIP, SOLE PROPRIETORSHIP OR OTHER LEGAL ENTITY], with its principal place of business at [INSERT ADDRESS] (“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 municipal corporation 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 landscape renovation services required by the City on the terms and conditions set forth in this Contract. Contractor represents that it is experienced in providing landscape renovation services to public clients, that it and its employees or subcontractors have all necessary licenses and permits to perform such landscape renovation services in the State of California, and that it is familiar with the plans of City.

2.3 Project. City desires to engage Contractor to render such services for the City Hall Landscape Renovation Project (“Project”) as set forth in this Contract.

2.4 Project Documents & Certifications. Contractor has obtained, and delivers concurrently herewith, PERFORMANCE BOND, PAYMENT BOND, INSURANCE DOCUMENTS AND OTHER CERTIFICATIONS 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:

Plans and Specifications for City Hall Landscape Renovation Project.

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3.2 Contractor’s Basic Obligation; Scope of Work. Contractor promises and agrees, at its own cost and expense, to furnish to the Owner 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 “A” attached hereto and incorporated herein by this reference. Special conditions, if any, relating to the Work are described in Exhibit ”B” attached hereto and incorporated herein by this reference.

3.3 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 advance and in writing by a valid change order executed by the City.

3.4 Period of Performance and Liquidated Damages. Contractor shall perform and complete all Work under this Contract within 90 working days from the date of the Notice to Proceed. 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 the 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. Pursuant to Government Code Section 53069.85, Contractor shall pay to the City as fixed and liquidated damages the sum of Two Hundred Fifty Dollars ($250.00) 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.

3.5 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 approvals of whatever nature that are legally required to perform the Work, including a City 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 the Contractor’s failure to comply with the standard of care provided for

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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 the Contractor and shall not be re-employed on the Work.

3.6 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.

3.7 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 the Contractor of the services and obligations required by this Contract, the above referenced compensation in accordance with compensation provisions set forth in the Contract.

3.8 Compensation and Payment.

3.8.1 Amount of Compensation. As consideration for performance of the Work required herein, City agrees to pay Contractor the Total Contract Price of [INSERT WRITTEN DOLLAR AMOUNT] Dollars ($[INSERT NUMERICAL DOLLAR AMOUNT]) (“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.

3.8.2 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,

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profit, and all other expenses involved in order to provide a basis for determining the amount of progress payments.

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.

No progress payments will be made for Work not completed in accordance with this Contract.

3.8.3 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 retainage shall be released and paid to the Contractor and subcontractors pursuant to California Public Contract Code Section 7107.

3.8.4 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 the 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 the 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.

3.8.5 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 the 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 the Contractor as they come due. Upon satisfactory completion of the Contract, the securities shall be returned to the 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. The 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.

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3.8.6 Payment to Subcontractors. Contractor shall pay all subcontractors for and on account of work performed by such subcontractors in accordance with the terms of their respective subcontracts and as provided for in Section 10262 of the California Public Contract Code. Such payments to subcontractors shall be based on the measurements and estimates made and progress payments provided to Contractor pursuant to this Contract.

3.8.7 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.

3.9 Termination. This Contract may be terminated by City at any time 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 the 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.

3.10 Completion of Work. When the 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.

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3.11 City’s Representative. The City hereby designates Brad Skeene, 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.

3.12 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, the Contractor’s Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Contract. The 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.

3.13 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.

3.14 Loss and Damage. 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. However, Contractor shall be responsible for damage proximately caused by Acts of God, within the meaning of Section 4150 of the California Government Code, only to the extent of five percent (5%) of the Total Contract Price as specified herein. In the event of damage proximately caused by “Acts of God,” the City may terminate this Contract upon three (3) days advanced written notice.

3.15 Indemnification. Contractor shall defend, indemnify and hold the City, its 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, in law or equity, to property or persons, including wrongful death, in any manner 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 without limitation the payment of all consequential damages and attorneys fees and other related costs and expenses. Contractor shall defend, at Contractor’s own cost, expense and risk, any and

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all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against City, its directors, officials’ officers, employees, agents or volunteers. Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or its directors, officials, officers, employees, agents or volunteers, in any such suit, action or other legal proceeding. Contractor shall reimburse City and its directors, officials, officers, employees, agents and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided.

3.16 Insurance.

3.16.1 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 until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this section.

3.16.2 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.

3.16.2.1 Commercial General Liability. Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office “occurrence” Form CG 0001, with minimum limits of at least $1,000,000 per occurrence, and if written with an aggregate, the aggregate shall be double the per occurrence limit.

The policy shall contain no endorsements or provisions limiting coverage for (1) explosion, collapse or underground hazard (XCU); (2) products and completed operations; (3) contractual liability; (4) third party action over claims; (5) cross liability exclusion for claims or suits by one insured against another; or (6) contain any other exclusions contrary to this Contract.

3.16.2.2 Automobile Liability. Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 0001 covering “Any Auto” (Symbol 1) with minimum limits of $1,000,000 each accident.

3.16.2.3 Contractors Pollution Liability. (Include this clause if there is a pollution liability exposure.)
Contractors Pollution Liability Insurance covering all of the contractor's operations to include onsite and offsite coverage for bodily injury (including

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death and mental anguish), property damage, defense costs and cleanup costs with minimum limits of $5 million per loss and $10 million total all losses. The policy shall contain no endorsements or provisions limiting contractual liability or coverage for cross liability of claims or suits by one insured against another.

Non-owned disposal site coverage shall be provided if handling, storing or generating hazardous materials or any material/substance otherwise regulated under environmental laws/regulations.

For projects involving transportation of hazardous waste/materials, include coverage for loading/unloading from the project site to final disposal locations, and all disposal locations shall be scheduled as non-owned disposal sites.

If coverage is written on a claims-made basis, the retroactive date shall precede the effective date of the initial Contract 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 Contract.

3.16.2.4 Builder's Risk Insurance. (Include this clause if structures are not to be covered under the City's Property Insurance Program.) Builder's Risk Insurance for any property constructed on behalf of the City, to cover "all risk" of physical loss providing coverage for loss or damage from collapse, including collapse resulting from design error. The value insured shall cover 100% of the completed Contract cost and shall be maintained until full acceptance of the Work.

3.16.2.5 Professional Liability. (Include this clause for construction managers and design-build contractors.)
Professional Liability Insurance with minimum limits of $3,000,000.

Covered professional services shall specifically include all work to be performed under the Contract 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 Contract 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 Contract.

3.16.2.6 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.

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3.16.3 Endorsements. 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.

3.16.3.1 The policy or policies of insurance required by Section 3.16.2.1 (Commercial General Liability) and 3.16.2.3 (Contractors Pollution Liability) shall be endorsed to provide the following:
(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 Contractor; or (4) contain any other exclusions contrary to the Contract.
(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.

3.16.3.2 The policy or policies of insurance required by Section

3.16.2.2 (Automobile Liability) and 3.16.2.5 (Professional Liability) shall be endorsed to provide the following:
(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.

3.16.3.3 The policy or policies of insurance required by Section

3.16.2.4 (Builder's All Risk) shall be endorsed to provide the following:
(1) Waiver of Subrogation: A waiver of subrogation stating that the insurer waives all rights of subrogation against the indemnified parties.
(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.

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(3) Loss Payee: Losses payable under this policy shall be adjusted with the Named Insured and paid to City as its interests may appear.

3.16.3.4 The policy or policies of insurance required by Section

3.16.2.6 (Workers' Compensation) shall be endorsed to provide the following:
(1) Waiver of Subrogation: A waiver of subrogation stating that the insurer waives all rights of subrogation against the indemnified parties.
(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.

3.16.4 Primary and Non-Contributing Insurance. All insurance coverages shall be primary and any other insurance, deductible, or self-insurance maintained by the indemnified parties shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions.

3.16.5 Waiver of Subrogation. Required insurance coverages shall not prohibit Contractor from waiving the right of subrogation prior to a loss. Contractor shall waive all subrogation rights against the indemnified parties. Policies shall contain or be endorsed to contain such provisions.

3.16.6 Deductible. Any deductible or self-insured retention must be approved in writing by the City and shall protect the indemnified parties 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.

3.16.7 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 and endorsements on forms approved by the City. 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, 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.

3.16.8 Failure to Maintain Coverage. Contractor agrees to suspend and cease all operations hereunder during such period of time as the required insurance

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coverage is not in effect and evidence of insurance has not been furnished to the City.

The City shall have the right to withhold any payment due Contractor until Contractor has fully complied with the insurance provisions of this Contractor.

In the event that the Contractor's operations are suspended for failure to maintain required insurance coverage, the Contractor shall not be entitled to an extension of time for completion of the Work because of production lost during suspension.

3.16.9 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 do business 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.

3.16.10 Insurance for Subcontractors. All Subcontractors shall be included 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 as an Additional Insured to the Subcontractor's policies.

3.17 Bond Requirements.

3.17.1 Payment Bond. If required by law or otherwise specifically requested by City in Exhibit “B” 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.

3.17.2 Performance Bond. If specifically requested by City in Exhibit “B” 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.

3.17.3 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, the Contractor shall, upon request of the City, cause the amount of the bond to be

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increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. To the extent available, the bonds shall further provide that no change or alteration of the Contract (including, without limitation, an increase in the Total Contract Price, as referred to above), extensions of time, or modifications of the time, terms, or conditions of payment to the Contractor, will release the surety. If the Contractor fails to furnish any required bond, the City may terminate the Contract for cause.

3.17.4 Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in California Code of Civil Procedure Section 995.120, shall be accepted. The surety must be a California-admitted surety with a current A.M. Best’s rating no less than A:VII and satisfactory to the City. 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.

3.18 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, the Contractor 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 as applicable shall include, but shall not be limited to, adequate life protection and life saving 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.

3.19 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 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

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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 the 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.

3.20 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 the 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 the Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, the Contractor shall be solely responsible for all costs arising therefrom. Contractor shall defend, indemnify and hold City, its officials, directors, 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.

3.21 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, a City Business License. While Contractor will not be charged a fee for any City permits, Contractor shall pay the City’s applicable business license fee.

3.22 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

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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.

3.23 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 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.

3.24 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.

3.25 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. If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if 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.

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 the Contractor’s principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its elected 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.

3.26 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

CA-15
registered apprentices upon public works. The primary responsibility for compliance with said section for all apprenticeable occupations shall be with Contractor.

3.27 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.

3.28 Payroll Records. In accordance with the requirements of California Labor Code Section 1776, Contractor shall keep accurate payroll records which are either on forms provided by the Division of Labor Standards Enforcement or which contain the same information required by such forms. Responsibility for compliance with California Labor Code Section 1776 shall rest solely with Contractor, and Contractor shall make all such records available for inspection at all reasonable hours.

3.29 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 “C” and incorporated herein by reference, shall be executed simultaneously with this Contract.

3.30 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.

3.31 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 nondiscrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.

3.32 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, the 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

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effective at the time the City tender final payment to the Contractor, without further acknowledgment by the Parties.

3.33 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:

City Contractor
City of Yorba Linda [INSERT NAME]
4845 Casa Loma Avenue [INSERT ADDRESS]
Yorba Linda, CA 92886 [INSERT ADDRESS]
Attn: Brad Skeene Attn: [INSERT NAME]
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.

3.34 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.

3.35 Time of Essence. Time is of the essence in the performance of this Contract.

3.36 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.

3.37 Governing Law. This Contract shall be governed by the laws of the State of California. Venue shall be in Orange County.

3.38 Counterparts. This Contract may be executed in counterparts, each of which shall constitute an original.

3.39 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.

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3.40 Attorneys’ Fees. If either Party commences an action against the other Party, either legal, administrative or otherwise, arising out of or in connection with this Contract, the prevailing Party in such action shall be entitled to have and recover from the losing Party reasonable attorneys’ fees and all other costs of such action.

3.41 Claims of $375,000 or Less. Notwithstanding any other provision herein, claims of $375,000 or less shall be resolved pursuant to the alternative dispute resolution procedures set forth in California Public Contract Code §§ 20104, et seq.

3.42 Prohibited Interests.

3.42.1 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.

3.42.2 Conflict of Interest. For the term of this Contract, no member, 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.

3.43 Certification of License. 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.

3.44 Authority to Enter Agreement. Contractor has all requisite power and authority to conduct its business and to execute, deliver and perform the 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.

IN WITNESS WHEREOF, each of the Parties has caused this Contract to be executed on the day and year first above written.
[Signatures on following page.]

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CITY OF YORBA LINDA [INSERT NAME OF CONTRACTOR]
By: By:

Carlos Rodriguez
Mayor Name:

Title:

By:

Dianna Honeywell
Finance Director
Attest: [If Corporation, TWO SIGNATURES, President OR
Vice President AND Secretary, AND CORPORATE
SEAL OF CONTRACTOR REQUIRED]
By:

Marcia Brown By:

City Clerk
Name:

Title:

Approved as to Form:

By: Classification of Contractor’s License
Rutan & Tucker LLP
City Attorney

ORANGE\KSD\4984

BBK: DECEMBER 2003
A-1
EXHIBIT “A”

PLANS AND SPECIFICATIONS
The following plans and specifications are incorporated into this Contract herein by this reference:

CITY HALL LANDSCAPE RENOVATION PROJECT

PLANS AND SPECIFICATIONS
AUGUST 2022

ORANGE\KSD\4984

BBK: DECEMBER 2003
B-1
EXHIBIT “B”

SPECIAL CONDITIONS

THE CITY REQUIRES CONTRACTOR TO FURNISH PAYMENT AND
PERFORMANCE BONDS PURSUANT TO SECTIONS 3.17.1 AND 3.17.2 OF THE CONTRACT.

ORANGE\KSD\4984

BBK: DECEMBER 2003
B-2

FAITHFUL PERFORMANCE BOND
FOR

CITY HALL LANDSCAPE RENOVATION PROJECT
KNOW ALL MEN BY THESE PRESENTS, that ,as
CONTRACTOR, and as
SURETY, are held and firmly bound unto the CITY OF YORBA LINDA as AGENCY, in the penal sum of:

Dollars ($ ) which is one hundred percent (100%) of the total contract amount for the above stated project, for the payment of which sums CONTRACTOR and SURETY agree to be bound, jointly and severally, firmly by these presents.

THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas CONTRACTOR has been awarded and is about to enter into the annexed Contract Agreement with AGENCY for the above stated project, if CONTRACTOR faithfully performs and fulfills all obligations under the contract documents in the manner and time specified therein, then this obligation shall be null and void; otherwise it shall remain in full force and effect in favor of AGENCY; provided that any alterations in the obligations or time for completion made pursuant to the terms of the contract documents shall not in any way release either CONTRACTOR or SURETY and notice of such alterations is hereby waived by SURETY.

WITNESS our hands this day of , 2022.
(seal)

CONTRACTOR (CORPORATION-TYPE)

By:

PRESIDENT
By:

SECRETARY/TREASURER
NOTE: SIGNATURE OF CORPORATE OFFICIALS AND SURETY OFFICIALS MUST BE

NOTARIZED

ORANGE\KSD\4984

BBK: DECEMBER 2003
B-3
PERFORMANCE BOND (Page 2)
(seal)

SURETY’S NAME-TYPE

MAILING ADDRESS (SURETY)

By:

Name

Title
NOTE: SIGNATURE OF CORPORATE OFFICIALS AND SURETY OFFICIALS MUST BE

NOTARIZED
BOND APPROVED AS TO FORM:

CITY ATTORNEY - CITY OF YORBA LINDA

ORANGE\KSD\4984

BBK: DECEMBER 2003
B-4

MATERIAL AND LABOR PAYMENT BOND
FOR

CITY HALL LANDSCAPE RENOVATION PROJECT
KNOW ALL MEN BY THESE PRESENTS, that ,as
CONTRACTOR, and as
SURETY, are held and firmly bound unto THE CITY OF YORBA LINDA as AGENCY, in the penal sum of: Dollars
($ ), which is one hundred percent (100%) of the total contract amount for the above stated project, for the payment of which sums CONTRACTOR and SURETY agree to be bound, jointly and severally, firmly by these presents.

THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas CONTRACTOR has been awarded and is about to enter into the annexed Contract Agreement with AGENCY for the above stated project, if CONTRACTOR or any subcontractor fails to pay for any labor or materials of any kind used in the performance of the work to be done under said contract, or fails to submit amounts due under the State Unemployment Insurance Act with respect to said labor, SURETY will pay for the same in an amount not exceeding the sum set forth above, which amount shall insure to the benefit of all persons entitled to file claims under the State Code of Civil Procedures; provided that any alternations in the work to be done, materials to be furnished, or time for completion made pursuant to the terms of the contract documents shall not in any way release either CONTRACTOR or SURETY and notice of such alterations is hereby waived by SURETY.

WITNESS our hand this day of , 2022
(seal)

CONTRACTOR (CORPORATION-TYPE)

By:

President
By:

Secretary/Treasurer
NOTE: SIGNATURE OF CORPORATE OFFICIALS AND SURETY OFFICIALS MUST BE

NOTARIZED

ORANGE\KSD\4984

BBK: DECEMBER 2003
B-5
PAYMENT BOND (Page 2)
(seal)
Surety’s Name - Type

Mailing Address (Surety)

By:

Name

Title
NOTE: SIGNATURE OF CORPORATE OFFICIALS AND SURETY MUST BE

NOTARIZED
BOND APPROVED AS TO FORM:

CITY ATTORNEY - CITY OF YORBA LINDA

C-1
EXHIBIT “C”

CERTIFICATION
LABOR CODE - SECTION 1861
I, the undersigned Contractor, am aware of the provisions of Section 3700, et seq., 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 the Code, and I, the undersigned Contractor, agree to and will comply with such provisions before commencing the performance of the Work on this Contract. [INSERT CONTRACTOR’S NAME]
By:
[INSERT NAME]
[INSERT TITLE]

GS-1

CITY OF YORBA LINDA

GENERAL SPECIFICATIONS

FOR THE

CITY HALL LANDSCAPE RENOVATION PROJECT

SCOPE OF WORK
The work to be conducted hereunder includes but not limited to the removal of turf, shrubs, trees, irrigation equipment, concrete header, and the installation of shrubs, trees, mulch and irrigation equipment.

LOCATION OF WORK
The general location and limits of the work are at Yorba Linda City Hall, 4845 Casa Loma Ave., Yorba Linda, CA, 92886.

TIME OF COMPLETION
The Contractor shall complete all work in every detail within the 90 working days from the notice to proceed.

TRAFFIC REQUIREMENTS
The Contractor shall provide delineation in accordance with, and comply with, the latest editions of the HPWA, APWA, the Work Area Traffic Control Handbook (“W.A.T.C.H.” handbook) and the California Manual of Traffic Controls (refer to signage, barriers, and lane closure sections). No street closures shall be made without the prior approval of the City Representative and appropriate encroachment permit(s) as required.

SPECIAL REQUESTS
The Contractor may be requested by the City representative to perform special tasks that are above the normal scheduled work (i.e., citizen requests, coordination with special work orders relative to City functions, special event preparation). It is intended that the Specifications are indicative of the work to be anticipated by the Contractor and will allow for reasonable additional work or altered work schedules at no additional cost to the City.

PROJECT INSPECTIONS
Upon request, the Contractor will walk the project area with the City representative for the purpose of determining compliance with the Specifications or to discuss required work.

Typically, the inspections are daily and require the presence of the contract supervisor.

Inspections may be required more frequently at the discretion of the City Representative.

GS-2

SUPERVISION AND SKILLS
The Contractor shall assign a supervisor within the city limits of the City of Yorba Linda, working regular working hours for the duration of this Contract. The supervisor shall be capable of communicating effectively both in written and spoken English and background must include experience on projects of the type presented in this specification.

The Contractor shall outfit the supervisor with a cellular phone capable of receiving and making calls within the City limits and surrounding areas.

EMERGENCY RESPONSE
The Contractor shall be available twenty-four (24) hours per day, seven (7) days per week to respond to all emergencies within two (2) hours of notification or “attempted notification.” If Contractor cannot be notified or does not respond in a timely manner, any costs incurred, by the City to remediate the situation, will be paid by the Contractor.

LICENSE AND PERMITS
At the time of contract award, the CONTRACTOR shall possess a State of California Class C Contractor’s License or a combination of Specialty Contractor’s License(s) adequate to perform the work here-in described. All subcontractors shall have equivalent licenses for their specific trades. The Contractor and all subcontractors shall have a valid City of Yorba Linda business license prior to commencing any work. The contractor and all subcontractors must obtain all necessary building permits with the City of Yorba Linda.

DRESS CODE AND APPEARANCE
All Contractors’ personnel shall be required to wear a uniform shirt bearing company name while on the project. Uniform shall present a neat and clean appearance of personnel at all times. Uniform shall consist of a shirt and jacket with company name and employee name.

SAFETY ORDERS
Contractor shall be responsible for providing a safe workplace, and be responsible for compliance with standards and regulations of the California Occupational Safety and Health Act (Cal/OSHA), Federal Occupational Safety and Health Act (OSHA), California Division of Industrial Safety (CDIS), State of California Manual of Traffic Controls, California Department of Food and Agriculture (CDFA) Laws and Regulations, and any other applicable governmental law or City risk management standards.

UTILITY REQUIREMENTS

GS-3
The Contractor is advised of the existence of the utility notification service provided by UNDERGROUND SERVICE ALERT (USA). USA member utilities will provide the Contractor with the precise locations of their substructures in the construction area when the Contractor gives at least 48 hours notice to the Underground Service Alert by calling 1- 800-227-2600. Contractor shall provide the agency with proof of contact with USA upon request.

The Contractor shall notify the following agencies at least 48 hours in advance of excavating around any of their structures. The utility companies listed below can be contacted as indicated.

1. Southern California Gas Company 6. MWD
(Distribution) P.O. Box 54153
1919 State College Boulevard Los Angeles, CA 90054-0153 P.O. Box 3334 Kiren Callanan (213) 217-7474
Anaheim, CA 92803
Steve Alcala (714) 634-3185 7. Orange County Sanitation District P.O. Box 8127

2. AT&T Fountain Valley, CA 92728-8127
3939 East Coronado Street Lynn Elliot (714) 962-2411
Anaheim, CA 92807
Greg Griffith (714) 237-6019 8. Golden State Water Company 500 Cameron

3. Southern California Edison Company Placentia, CA 92870 (Distribution) Terry Murphy (714) 528-1463 ext108
1851 W. Valencia Drive
Fullerton, CA 92633 9. Southern California Gas Company
Jeff Cessna (714) 870-3149 (Transmission)
9400 Oakdale Avenue

4. Yorba Linda Water District Chatsworth, CA 91311-6511 4622 Plumosa Drive Rosalyn Squires (818) 701-4546
P.O. Box 309
Yorba Linda, CA 92886 10. Southern California Edison Company Ken Vecchiarelli (714) 701-3100 (Transmission)
14799 Chestnut Street

5. Time Warner Westminster, CA 92683
7441 Chapman Avenue Lisa Salinas (714) 934-0838
Garden Grove, CA 92841
Don Simons (714) 903-8347 11. MWD
3972 Valley View
Yorba Linda, CA 92886
Rick Bicker (714) 577-5084
The California Public Utilities Commission mandates that, in the interest of public safety, main line gas valves be maintained in a manner to be readily accessible and in good operating condition. The Contractor shall notify the Southern California Gas Company's Headquarters Planning Office at (714) 369-0680 at least 2 working days prior to the start of construction.

GS-4
The Contractor shall exercise extreme care to protect all existing utilities in place whether shown on the plans or not and shall assume full responsibility for all damage resulting from his operations. The Contractor shall coordinate with each utility company as to the requirements and methods for protection of their facilities during the construction period and shall be responsible for preparation and processing of any required plans or permits.

The Contractor shall assume full responsibility to maintain uninterrupted service for all utilities.

By submitting a bid, the Contractor acknowledges the above referenced utility work to be done in conjunction with this project. The Contractor shall schedule his work and conduct his operations so as to permit access and time for the required utility work to be accomplished during the progress of the work.

The Contractor shall coordinate with each utility company as to the extent of required work and the time required to do so. The Contractor shall include this time in his schedule.

Payment for the above, if any, shall be deemed as included in the items of work as shown on the proposal bid sheet(s) and no additional compensation will be allowed.

THE CITY’S RIGHT TO DO WORK
The City reserves the right to do any work as required within the contract area. If such alterations affect the provision of this Agreement, the Contractor will be asked to submit justification and an estimated cost as a result of the alterations.

COOPERATION AND COLLATERAL WORK
The Contractor shall recognize that during the course of the contract other activities and operations will be conducted by the City and/or other contractors. These activities will include but are not limited to: turf and landscape maintenance; landscape refurbishment; irrigation system maintenance, modification or repair; construction; and storm related operations.

The Contractor may be required to modify or curtail certain operations and shall promptly comply with any request made by the City representative.

FLOW AND ACCEPTANCE OF WATER
It is anticipated that storm, surface or other waters will be encountered at various times and locations during the work herein contemplated. The Contractor, by submitting a bid, acknowledges that he has investigated the risk arising from such waters and has prepared his bid accordingly, and Contractor, by submitting a bid, assumes all of said risk.

PROTECTION OF PROPERTY DURING INCLEMENT WEATHER

GS-5
During periods of inclement weather, the Contractor will provide supervisory inspection of the project during regular working hours to prevent or minimize possible damage. The Contractor shall submit a report identifying any damage to the City representative attached to a site map identifying location of damage and cost estimate to repair/replace.

It is the Contractor's responsibility for removing debris accumulated by winds or other typical or non-typical environmental conditions.

PROTECTION OF EXISTING FACILITIES AND STRUCTURES
The Contractor shall exercise care in protecting from damage all existing facilities, structures, and utilities, both above surface and underground, on the City's property. Any damage to City property deemed to be caused by the Contractor's neglect shall be corrected or paid for by the Contractor at no additional cost to the City.

If the City requests or directs the Contractor to perform work in a given area, it will be the Contractor's responsibility to verify and locate any underground systems, (i.e., utility lines).

This does not release the Contractor of the responsibility for taking reasonable precaution when working in these areas. Any damage or problems shall be reported immediately to the City.

REMOVAL OF WATER
The Contractor shall provide and maintain at all times during construction ample means and devices to promptly remove and properly dispose of all water entering the excavations or other parts of the work. No concrete footing or floor shall be laid in water nor shall water be allowed to rise over them until the concrete or mortar has set at least two (2) hours.

Water shall not be allowed to rise unequally against any walls for a period of twenty-eight (28) days. Dewatering for the structures and pipelines shall commence when ground water is first encountered and shall be continuous until such time as water can be allowed to rise in accordance with the above statement. Dewatering shall be accomplished by well points or some other method, which will insure a dry hold and preservation of final lines and grade of the bottoms of excavation, all subject to the approval of the City’s representative.

Dewatering methods and disposal of water from dewatering operations shall be the sole responsibility of the Contractor and shall conform to the requirements of the State Regional Water Quality Control Board, the requirements of the National Pollution Discharge Elimination System (NPDES), and the Federal Clean Water Act. Full compensation for dewatering shall be considered as included in the contract prices paid for the related items of work, and no additional compensation will be allowed, therefore.

STANDARD SPECIFICATIONS
The Standard Specifications of the AGENCY are contained in the latest edition of the STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION, including all

GS-6
supplements, as written and promulgated by the Joint Cooperative Committee of the Southern California Chapter of the American Public Works Association and the Southern California District of the Associated General Contractors of California. Copies of these Standard Specifications are available from the publisher:

Building News, Incorporated
P.O. Box 3031 Terminal Annex
Los Angeles, California 90051
(213) 202-7775
The Standard Specifications set forth above will control the general provisions for this contract except as amended by the Plans, General Specifications, Special Provisions, or other contract documents.

The section numbers of the following Special Provisions coincide with those of the said Standard Specifications. Only those sections requiring amendment or elaboration, or specifying options, are called out.

In case of conflict between the Standard Specifications and the General Specifications or Special Provisions, the General Specifications and Special Provisions shall take precedence over and be used in lieu of such conflicting portions of the Standard Specifications.

References in the Special Provisions to "CALTRANS Standard Specifications" shall mean the Standard Specifications (latest edition) of the State of California, Department of Transportation. Copies of these specifications and standard drawings may be obtained from:

State of California - Department of Transportation
Central Publication Distribution Unit
6002 Folsom Boulevard
Sacramento, California 95819
References in the Special Provisions to Standard Plans shall mean those specific standard plans as selected by the City’s representative from the Standard Plans of the City of Yorba Linda, and where applicable, the APWA Standard Plans for Public Works Construction (latest edition) the Standard Plans of the County of Orange and State Department of Transportation, (latest edition).

References in the Special Provisions and on the Signal Plans to the “CALTRANS Standard Plans” shall mean the applicable Standard Plans of the State of California, Business and Transportation Agency, Department of Transportation, (latest edition).

Where the Plans or Specifications describe portions of the work in general terms, but not in complete detail, it is understood that the item is to be furnished and installed complete and in place and that only the best general practice is to prevail and that only materials

GS-7
and workmanship of the first quality are to be used. Unless otherwise specified, the Contractor shall furnish all labor, materials, tools, equipment and incidentals, and do all the work involved in executing the contract.

WAGE RATES AND LABOR CODE REQUIREMENTS
Wage Rates
The Contractor and all Subcontractors shall be required to adhere to the general prevailing rate of per diem wages as determined and published by the State Director of the Department of Industrial Relations, pursuant to Section 1770, 1773 and 1773.2 of the California Labor Code. Copies of these rates and the latest revisions thereto are on file in the Office of the Secretary of the Board of Directors and are available for review upon request.

If there is a difference between the minimum wage rates predetermined by the Secretary of Labor and the general prevailing wage rates determined by the Director of the California Department of Industrial Relations for similar classifications of labor, the Contractor and subcontractors shall pay not less than the higher wage rate. The Agency will not accept lower State wage rates not specifically included in the Federal minimum wage determinations. This includes "helper" (or other classifications based on hours of experience) or any other classification not appearing in the Federal wage determinations. Where Federal wage determinations do not contain the State wage rate determination otherwise available for use by the Contractor and subcontractors, the Contractor and subcontractors shall pay not less than the Federal minimum wage rate which most closely approximates the duties of the employees in question.

Attention is directed to the provisions of Sections 1774, 1775, 1776, 1777.5 and 1777.6 of the State Labor Code, excerpt copies of which are contained in Appendix II of these Specifications. Sections 1774 and 1775 require the Contractor and all Subcontractors to pay not less than the prevailing wage rates to all workmen employed in the execution of the contract and specify forfeitures and penalties for failure to do so. The minimum wages to be paid are those determined by the State Director of the Department of Industrial Relations. Section 1776 requires the Contractor and all Subcontractors to keep accurate payroll records, specifies the contents thereof, their inspection and duplication procedures and certain notices required of the Contractor pertaining to their location.

Apprentices
Section 1777.5 requires the Contractor or Subcontractor employing tradesmen in any apprenticeable occupation to apply to the Joint Apprenticeship Committee nearest the site of the public works project and which administers the apprenticeship program in that trade for a certificate of approval. The certificate will also fix the ratio of apprentices to journeymen to be used in the performance of the contract.

The Contractor is required to make contributions to funds established for the administration of apprenticeship programs if he employs registered apprentices or

GS-8
journeymen in any apprenticeable trade and if other Contractors on the public works site are making such contributions.

The Contractor must also comply with the requirements regarding Federal trainees noted in the Federal Requirements Section of these Special Provisions.

Information relative to apprenticeship standards, contributions, wage schedules and other requirements may be obtained from the State Director of Industrial Relations or from the Division of Apprenticeship Standards.

RESOLUTION OF CONSTRUCTION CLAIMS OF $375,000 OR LESS.

Effective January 1, 1991, Section 20104 et seq. of the California Public Contract Code prescribes a process utilizing informal conferences, nonbinding judicially supervised mediation, and judicial arbitration to resolve disputes on construction claims of $375,000 or less.
"Public work" has the same meaning as in Section 3100 and 3106 of the Civil Code, ..." (20104 (b) (1)).
"Claim" means a separate demand by the contractor for (A) a time extension, (B) payment of money or damages arising from work done by or on behalf of the Contractor pursuant to the contract for a public work and payment of which is not otherwise entitled to, or (C) and amount the payment of which is disputed by the local agency. (20401(b) (2)).

The following requirements apply to all contracts entered into after January 1, 1991, and all claims to which this section applies: (All references are to Section 20141.2 et seq.). (a) The claim shall be in writing and include the documents necessary to substantiate the claim. Claims must be filed on or before the date of final payment. Nothing in this subdivision is intended to extend the time limit or supersede notice requirements otherwise provided by contract for the filing of claims. (b) (1) For claims of less than fifty thousand dollars ($50,000), the local agency shall respond in writing to any written claim within 45 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses or claims the local agency may have against the claimant.
(2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant.
(3) The local agency's written response to the claim, as further documented, shall be submitted to the claimant within 30 days after receipt of the further documentation, or within a period of time no greater than that taken by the

GS-9
claimant in producing the additional information or requested documentation, whichever is greater.
(c) (1) For claims over fifty thousand dollars ($50,000) and less than or equal to three hundred seventy-five thousand dollars ($375,000), the local agency shall respond on writing to all written claims within 60 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses or claims the local agency may have against the claimant.
(2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant.
(3) The local agency's written response to the claim, as further documented, shall be submitted to the claimant within 30 days after the receipt of further documentation, or within a period of time no greater than that taken by the claimant in producing the additional information or requested documentation, whichever is greater.
(d) If the claimant disputes the local agency's written response, or the local agency fails to respond within the time prescribed, the claimant may so notify the local agency, in writing, either within 15 days of receipt of the local agency's response or within 15 days of the local agency's failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon a demand, the local agency shall schedule a meet and confer conference within 30 days for settlement of the dispute. (e) If following the meet and confer conference the claim or any portion remains in dispute, the claimant may file a claim pursuant to Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the claimant submits his or her written claim pursuant to subdivision (a) until the time the claim is denied, including any period of time utilized by the meet and confer conference.
20104.4. The following procedures are established for all civil actions filed to resolve claims subject to this article:
(a) Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court shall submit the matter to nonbinding mediation unless waived by mutual stipulation of both parties. The mediation process shall provide for the selection within 15 days by both parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court.

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(b) (1) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 Part 3 of the Code of Civil Procedure, notwithstanding Section 1141.11 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil Procedure) shall apply to any proceeding brought under this subdivision consistent with the rules pertaining to judicial arbitration.
(2) In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 Part 3 of the Code of Civil Procedure, (A) arbitrators shall, when possible, be experienced in construction law, and (B) any party appealing an arbitration award who does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, also pay the attorney's fees on appeal of the other party.
20104.6. (a) No local agency shall fail to pay money as to any portion of a claim, which is undisputed except as otherwise provided in the contract. (b) In any suit filed under Section 20104.4, the local agency shall pay interest at the legal rate on any arbitration award or judgment. The interest shall begin to accrue on the date the suit is filed in a court of law."

CLAYTON ACT AND CARTWRIGHT ACT
Section 4551 of the State Government Code specifies that in executing a public works contract with the AGENCY to supply goods, services or materials, the CONTRACTOR or Subcontractor(s) offers and agrees to assign to the AGENCY all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 commencing with Sec. 16700) of Part 2 of Division 7 of the Business and Professional Code arising from purchase of goods, services or materials pursuant to the contract or subcontract. This assignment shall become effective when the AGENCY tenders final payment to the CONTRACTOR without further acknowledgment by the parties.

SUBSTITUTION OF SECURITIES
In conformance with the State of California Government Code Chapter 13, Section 4590, the CONTRACTOR may substitute securities for any monies withheld by the AGENCY to ensure performance under the contract.

At the request and expense of the CONTRACTOR, securities equivalent to the amount withheld shall be deposited with the City or with a State or Federally chartered bank as the escrow agent who shall pay such monies to the CONTRACTOR upon notification by AGENCY of CONTRACTOR’s satisfactory completion of the contract.

The type of securities deposited, and the method of release shall be approved by the City Attorney’s office.

METHOD OF PAYMENT

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Invoices
The Contractor shall present an invoice for work completed during the previous month.

The invoice shall reflect work required by this specification at the predetermined contracted amount and also reflect extra work assigned during the period. i. Required reports shall be submitted with the monthly invoice and shall be reflective of the work functions accomplished during that period. Failure to submit monthly reports will delay payment.
ii. Monthly invoices shall be mailed to:

City of Yorba Linda
Parks and Recreation Department
4845 Casa Loma Ave
Yorba Linda, CA 92886

HOURS OF WORK AND SCHEDULING
Normal work hours are from 7:00 a.m. to 4:00 p.m., Monday through Friday. The Contractor shall perform his work at such times as to minimize disturbance or interference to resident convenience, pedestrian or vehicle circulation.

SOUND CONTROL REQUIREMENTS
The Contractor shall comply with all local sound control and noise level rules, regulations, and ordinances, which apply to any work performed pursuant to this agreement.

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

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

CONSTRUCTION MAINTENANCE EQUIPMENT VEHICLES
The Contractor shall take all necessary precautions for the safe operation of equipment and the protection of the public from injury and damage from such equipment. All equipment deemed by the City representative to be unsafe, in disrepair, or unsatisfactory shall be repaired or replaced immediately at no additional cost to the City.

All transportation vehicles shall have the Contractor’s name clearly visible.

ADDITIONS/DELETIONS TO SPECIFICATIONS

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The City reserves the right to make additions, deletions, revisions, and/or otherwise modify the General Maintenance Requirements and Specific Work Requirements.

Any changes in this Specification that may cause the Contractor to incur additional expense shall be negotiated with the City representative upon written request and justification.

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CITY OF YORBA LINDA

SPECIAL PROVISIONS
FOR

CITY HALL LANDSCAPE RENOVATION PROJECT
The section numbers of the following Special Provisions coincide with those of the latest edition of the Standard Specifications for Public Works Construction ("Green Book").

Only those sections requiring amendment or elaboration, or specifying options, are called out.

PART 1 - GENERAL PROVISIONS
SECTION 1 - TERMS, DEFINITIONS, ABBREVIATIONS AND SYMBOLS. 1-2 DEFINITIONS.

Agency/City - City of Yorba Linda
Board - City Council
Caltrans - California Department of Transportation
County - County of Orange
Agency Inspector - City’s representative
Federal - United States of America
State - State of California
SECTION 2 - SCOPE AND CONTROL OF THE WORK.
2-1 AWARD AND EXECUTION OF CONTRACT.

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

Contract Agreement
Faithful Performance Bond
Material and Labor Payment Bond
Public Liability and Property Damage Insurance Certificate Automobile Insurance Certificate
Worker's Compensation Insurance Certificate
Failure to comply with the above will result in annulment of the award and forfeiture of the Proposal Guarantee at the sole discretion of Agency.

The Contract Agreement shall not be considered binding upon the Agency until executed by the authorized Agency officials. A corporation to which an award is made may be required, before the Contract Agreement is executed by the Agency, to furnish

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evidence of its corporate existence, of its right to enter into contracts in the State of California, and that the officers signing the contract and bonds for the corporation have the authority to do so.
2-4 CONTRACT BONDS.

Both the Faithful Performance Bond and the Material and Labor Bond shall each be for not less than one hundred percent (100%) of the total contract amount.

The Labor and Material Bond shall remain in force until thirty-five (35) days after the date of recordation of the Notice of Completion.

The Faithful Performance Bond for electrical/mechanical equipment will be held for six (6) months after said date.
2-5 PLANS AND SPECIFICATIONS.
2-5.1 General.

The Contractor shall maintain a control set of Plans and Specifications on the project site at all times. All final locations determined in the field, and any deviations from the Plans and Specifications, shall be marked in red on this control set to show the asconstructed conditions. Upon completion of all work, the Contractor shall return the control set to the City’s representative. Final payment will not be made until this requirement has been met.
2-5.3.3 Submittals.

Three (3) original of each product submittal shall be transmitted to the City’s representative, along with a sequentially numbered Submittal Response Form (see Appendix). One (1) photocopy of the submittal shall be returned to the Contractor with the Submittal Response Form appropriately marked.
2-5.3.3 Submittals.

The Contractor shall furnish for approval, within fifteen (15) working days following award of the Contract, all submittals as required on the Plans or in the Specifications.

This provision shall not authorize any extension of time for performance of the Contract.

The City’s representative will check and approve such samples, within ten (10) working days from receipt of same, only for conformance with design concept of work and for compliance with information given in Contract Documents. Work shall be in accordance with approved submittals.

Unless specified otherwise, sampling, preparation of samples, and tests shall be in accordance with the latest standards of the American Society for Testing and Materials.

Samples of materials and/or articles shall, upon demand, be submitted for tests or examinations and consideration before incorporation of same in work started.

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The Contractor shall be solely responsible for delays due to samples not being submitted in time to allow for proper time to make tests. Acceptance or rejection will be expressed in writing.

The City’s representative shall have sole discretion as to the acceptance or rejection of submittals.

Materials furnished must be equal to approved samples in every respect. Samples which are of value after testing will remain the property of the Contractor. 2-8 RIGHT-OF-WAY.

The Agency will acquire all rights of way, easements and rights of entry as required for this project. The Contractor shall verify that the acquisition(s) is completed prior to beginning any work outside of the public right of way. In the event the required easements have not yet been acquired by the Agency, the Contractor shall conduct his operation so as to confine his work to the limits of the existing right-of-way.

SECTION 3 - CHANGES IN WORK.
3-3.2.4 Markup.

The markups mentioned hereinafter shall include, but are not limited to, all costs for the services of superintendents, project managers, timekeepers and other personnel not working directly on the change order and pickup or yard trucks used by the above personnel. These costs shall be reported as labor or equipment elsewhere except when actually performing work directly on the change order and then shall only be reported at the labor classification of the work performed.

SECTION 4 - CONTROL OF MATERIALS
4-1 MATERIALS AND WORKMANSHIP
4-1.3.1 General.

The Agency will pay for inspection and materials testing. The Contractor shall pay for retests and re-inspections due to failure to meet specifications. 4-1.6 Trade Names of Equals.

The Agency is requiring sole-source products for completion of the proposed work.

Substitutions will not be allowed, without prior pre-approval of equal.

SECTION 5 - UTILITIES
5-1 LOCATION.

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The Contractor shall notify the utilities designated in the General Specifications at least 48 hours in advance of excavating around any of their structures.

The existence and locations of utilities shown on the Plans have been determined by a search of the available records as provided by the respective utility owner. The exact locations have not been determined by potholing unless so indicated on the Plans. The Contractor shall determine the exact location of all existing utilities prior to commencing work. The Contractor agrees to be fully responsible for any and all damages which may be caused by his failure to exactly locate and preserve any and all underground utilities, whether shown on the plans or not. In the event the Contractor encounters underground utilities not shown on the plans, he shall verify the exact location of the utility and immediately notify the City’s representative, regardless of whether the unknown utility conflicts with the proposed construction or not. In the event of such a previously unknown conflict, the Contractor shall immediately notify the City’s representative as to the extent, if any, of delays or additional costs resulting from said conflict. The Contractor shall perform work and provide necessary materials to disconnect or relocate existing utilities as indicated. Record on record drawings all existing utility termination points before disconnecting.

Relocate existing utilities at the direction of the City’s representative only if utility conflicts cannot be resolved or avoided. Relocation of utilities will be a changed condition.

When uncharted or incorrectly charted underground piping or other utilities and services are encountered during site work operations, notify the applicable utility company immediately to obtain procedure directions. Cooperate with the applicable utility company in maintaining active services in operation.

SECTION 6 - PROSECUTION, PROGRESS, AND ACCEPTANCE OF THE WORK. 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK.

The Contractor's proposed Construction Schedule shall be submitted to the City’s representative within ten (10) working days after the date of the Notice of Award of Contract. The schedule shall be supported by written statements from each supplier of materials or equipment indicating that all orders have been placed and acknowledged and setting forth the dates that each item will be delivered.

Prior to issuing the Notice to Proceed, the City’s representative will schedule a preconstruction meeting with the respective Contractor to review the proposed Construction Schedule and delivery dates, arrange the utility coordination, discuss construction methods, and clarify inspection procedures.

The Contractor shall submit periodic Progress Reports to the City’s representative by the tenth day of each month. The report shall include an updated Construction Schedule. Any deviations from the original schedule shall be explained. Progress payments will be withheld pending receipt of any outstanding reports.

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6-7 TIME OF COMPLETION.
6-7.1 General.

The time for completion shall be as set forth in the General Specifications (see Page GS-1).
6-7.2 Working Day.

The Contractor's activities shall be confined to the hours between 7:00 AM and 4:00 PM, Monday through Friday, excluding holidays. Deviation from these hours will not be permitted without the prior consent of the City’s representative, except in emergencies involving immediate hazard to persons or property.

Work shall be prohibited any time on Saturday, Sunday or Federal Holidays. Deviation from these hours will not be permitted without the prior consent of the City’s representative, except in emergencies involving immediate hazard to persons or property.

In the event of either a requested or emergency deviation, inspection service fees will be charged against the Contractor. The service fees will be calculated at overtime rates including benefits, overhead, and travel time. The service fees will be deducted from any amounts due the Contractor.

Construction activities during Agency Special Events may be restricted by Agency to exclude all or part of the work on primary arterial or access roads to the Special Events as determined by City’s representative. The Contractor shall be responsible to ascertain the exact times of any such events within his proposed construction schedule which may restrict his operation and shall adjust his schedule accordingly. The construction restrictions shall only be for the actual days the events occur. All costs for maintaining traffic control, protection of work site and remobilization shall be deemed as included in the lump sum contract for clearing and grubbing shown on the bid sheet and no additional compensation will be allowed.
6-9 LIQUIDATED DAMAGES.

It is agreed by the parties to the Contract that time is of the essence and that in the case that all the work is not complete before or upon the expiration of the time limit set forth, damage will be sustained by the City of Yorba Linda. For each consecutive calendar day in excess of the time specified for the completion of the work, the Contractor shall pay to the Agency Two hundred fifty dollars ($250.00). In addition, the City of Yorba Linda shall have the right to charge to the Contractor and to deduct from payments for the work the actual cost to the City of Yorba Linda engineering, inspection, superintendence, and other overhead expenses, which are directly chargeable to the Contract, and which accrue during the period of such delay. The expenses and damages described above shall be deducted from any money due the Contractor under this Contract. The Contractor and his sureties shall be liable for any excess cost.

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SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR.
7-1 CONTRACTOR'S EQUIPMENT AND FACILITIES.

A noise level limit of 86 dbA at a distance of fifty feet (50') shall apply to all construction equipment on or related to the job whether owned by the Contractor or not. The use of excessively loud warning signals shall be avoided except in those cases required for the protection of personnel.
7-2 LABOR.
7-2.2 Laws.

The Contractor, and all subcontractors, suppliers and vendors, shall comply with all Agency, State, and Federal orders regarding affirmative action to ensure equal employment opportunities and fair employment practices. Failure to file any report due under said orders will result in suspension of periodic progress payments.

The Contractor shall ensure unlimited access to the job site for all equal employment opportunity compliance officers.
7-3 LIABILITY INSURANCE.
7-3.1 Indemnification.

The Contractor shall indemnify and save harmless the City of Yorba Linda, from all claims or suits for damages arising from his prosecution of the contract work, as more fully described in Subsection 7-3.2 "Contractor's Liability".

The Contractor shall maintain during the life of the contract a protective liability policy.

The policy shall provide for not less than the following amounts:

Bodily Injury $ 500,000 each person
$1,000,000 each accident
$1,000,000 aggregate products and completed operations
Property Damage $1,000,000 each accident
Worker's Compensation Statutory
All liability insurance policies shall bear an endorsement or shall have attached a rider whereby it is provided that, in the event of expiration or proposed cancellation of such policies for any reason whatsoever, the Agency shall be notified by registered mail, return receipt requested, giving a sufficient time before the date thereof to comply with any applicable law or statute, but in no event less than 30 days before expiration or cancellation is effective.

The following statement shall be included on the insurance certificate as an endorsement:

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"Additional Insured: The insurer agrees that the City and its City Council, and/or all City Council appointed groups, committees, boards, consultants and any other City Council appointed body, and/or elective and appointive officers, servants or employees of the City when acting as such are additional insured hereunder, for the acts of the insured, and such insurance shall be primary to any insurance of the City." The Contractor agrees to protect, defend and indemnify the City of Yorba Linda against loss, damage or expense by reason of any suit, claims, demands, judgments and causes of action caused by the Contractor, his employees, agents or any subcontractor or by any third party arising out of or in consequence of the performance of all or any operations covered by the Certificate of Insurance. The Contractor, at his option, may include such coverage under his Public Liability coverage. 7-3.2 Contractor's Liability.

The City of Yorba Linda, its City Council, City’s representative, or Consultant shall not be answerable or accountable in any manner, for any loss or damage that may happen to the work or any part thereof; or for any of the materials or other things used or employed in performing the work; or for injury to any person or persons, either workmen or the public; or for damage to adjoining property from any cause which might have been prevented by the Contractor, or his workmen, or any one employed by him; against all of which injuries or damages to persons and property the Contractor having control over such work must properly guard. The Contractor shall be responsible for any damage to any person or property resulting from defects or obstructions at any time before its completion and final acceptance, and shall indemnify and save harmless the City of Yorba Linda, its City Council, City’s representative, and Consultant from all suits or actions of every name and description, brought for, or on account of, any injuries or damages received or sustained by any person or persons, by the Contractor, his servants or agents, in the construction of the work or by or in consequence of any negligence in guarding the same, in improper materials used in its construction, or by or on account of any act or omission of the Contractor or his agents, and so much of the money due the Contractor under and by virtue of the Contract as shall be considered necessary by the City may be retained by the City until disposition has been made of such suits or claims for damages aforesaid.

If, in the opinion of the City’s representative, the precautions taken by the Contractor are not safe or adequate at any time during the life of the Contract, he may order the Contractor to take further precautions, and if the Contractor shall fail to do so, the City’s representative may order the work done by others and charge the Contractor for the cost thereof, such cost to be deducted from any moneys due or becoming due the Contractor. Failure of the City’s representative to order such additional precautions, however, shall not relieve the Contractor from his full responsibility for public safety.

From time to time, during the period of this contract, the City may be served with claims, as a result of conduct by Contractor, which claims are for property damage or other damage in amounts of $250.00 or less. These claims may be resolved informally by City, within City's discretion, and charged back against Contractor by funds held in retention to meet these claims. The City will appoint a Claims Administrator who will act

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on behalf of the City and Contractor. The Administrator will recommend to City the resolution of any claim. The Claims Administrator's recommendation for payment shall be paid by Contractor within 30 days of the date of the recommendation. If Contractor fails to make payment to claimant within 30 days of the Administrator's decision, the City may make payment to the claimant and withhold, as retention, sufficient funds to reimburse City upon completion of the contract. Prior to making his recommendation, the Administrator will obtain from Contractor all evidence relevant to the claim.

Contractor will have ten days from the date requested by the Administrator to submit any evidence in the defense of the claim. Failure to do so waives any objection by Contractor to payment of the claim if, after an independent investigation, it is the opinion of the Administrator to make payment of that claim.
7-5 PERMITS.

The Contractor and all Subcontractors shall each obtain any and all other permits, licenses, inspections, certificates, or authorizations required by any governing body or public utility.

Payment for permits, unless otherwise noted herein, shall be included in the bid items of work and no additional compensation will be allowed.
7-7 COOPERATION AND COLLATERAL WORK.

The Contractor is advised as to the possibility of other construction projects within the proposed construction zone by the City of Yorba Linda, other governing agencies or private enterprises. In the event of such projects, the Contractor shall coordinate with the applicable parties as to the extent of any time required to complete their work and shall schedule his work and conduct his operations so as to permit access and time as required for the concurrent work. The Contractor shall immediately notify the City’s representative in the event of a delay in scheduling caused solely by this concurrent work.

Payment for the above, if any, shall be deemed as included in the items of work as shown on the proposal bid sheet and no additional compensation will be allowed. 7-10 PUBLIC CONVENIENCE AND SAFETY.
7-10.1 Traffic and Access.

When entering or leaving roadways carrying public traffic, the Contractor's equipment, whether empty or loaded, shall in all cases yield to public traffic.

The Contractor shall notify in writing all affected property owners of the proposed construction schedule a minimum of 48 hours, but not more than 72 hours, in advance of any limitation or closure of access to their property. Form of said notice shall be as approved by the City’s representative and shall contain the date and time of the closure.

In the event of delay, whether beyond the control of the Contractor or not, the Contractor shall notify all affected property owners as to the extent of the delay and his

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revised schedule. In the event of delay over 72 hours, the Contractor shall re-notify the property owners as described above. Payment for notification and coordination as per Section 7-10 as modified herein shall be included in the compensation paid for the various items of work and no additional compensation will be allowed. The "Notices" will be furnished by the Contractor.
7-10.2 Storage of Equipment and Materials in Public Streets.

No storage of tools or equipment will be allowed on site without prior approval by the City Representative.
7-10.3 Street Closures, Detours, Barricades.

It shall be the Contractor's responsibility to furnish a detailed detour signing and barricade plan for Agency approval. Detours shall be in accordance with Caltrans standards. The Contractor shall submit detailed drawings of any proposed detour(s) to the City’s representative for approval prior to the commencement of work. All traffic control devices, flaggers, labor and materials shall be included. The Contractor shall provide, at his expense, advanced warning signs advising the public of the impending major construction project and his proposed schedule. Said signs shall be posted at all major approaches to the construction zones a minimum of two weeks prior to the start of construction.

The Contractor shall be responsible for providing temporary access to all driveways at the end of each workday.

The Contractor shall provide and maintain all other signs, barricades, pedestals, flashers, delineators and other necessary facilities for the protection of the public within the limits of the construction area. The Contractor shall also post proper signs to notify the public regarding detours and the condition of the roadway, all in accordance with the provisions of the Vehicle Code and the current State of California Department of Transportation Manual of Warning Signs, Lights and Devices for Use in Performance of Work Upon Highways.

Special emphasis shall be placed on use of "CONSTRUCTION ZONE AHEAD" (C18R) signs at the beginning, end, and any access and/or intersection streets with roads under construction.

Portable delineators shall be placed as necessary for proper delineation of the travel way. The spacing between delineators shall not exceed fifty feet (50') on tangents or twenty-five feet (25') on curves except when used for lane closure.

When closure of half the roadway requires one-way traffic, the Contractor shall provide two (2) flaggers, equipped with working two (2) way radios, one (1) at each end of the work area, with signing and delineation as per W.A.T.C.H. manual.

When used for lane closures, the fluorescent traffic cones or portable delineators shall be placed at intervals not to exceed the following:

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Tapers 25 Feet
Edge of Closed Lane
Tangents 100 Feet
Curves 50 Feet
If the traffic cones or portable delineators are damaged, displaced or not in an upright position, from any cause, said cones or portable delineators shall immediately be replaced or restored to their original location, in an upright position, by the Contractor.

The Contractor shall furnish competent flagmen as are necessary to give adequate warning to traffic or to the public of any dangerous conditions to be encountered.

Flagmen, while on duty and assigned to give warnings to the public that the highway is under construction and of any dangerous conditions to be encountered as a result thereof, shall perform their duties and shall be provided with the necessary equipment in accordance with the current "Instructions to Flagmen," of the Department of Transportation. The equipment shall be furnished and kept clean and in good repair by the Contractor, at his expense.

Should the Contractor appear to be neglectful or negligent in furnishing warning and protective measures as provided, the City’s representative may direct attention to the existence of a hazard and the necessary warning and protective measures shall be furnished and installed by the Contractor at his expense. Should the City’s representative point out the inadequacy of warning and protective measures, such action on the part of the City’s representative shall not relieve the Contractor from responsibility for public safety or abrogate his obligation to furnish and pay for these devices.

The Contractor shall also be required to post "Temporary No Parking" signs during each working day, forty-eight (48) hours in advance.

Contractor shall notify the following entities at least forty-eight (48) hours in advance of any street closure or restriction to access.

1. Fire Department

2. Police Department

3. Schools and School Bus Organizations

4. Trash Collectors
All existing stop signs, street name signs and regulatory signs shall be maintained in visible locations during construction and permanently relocated or removed as directed by the plans and the City’s representative. Signs which need not be maintained during construction or permanently relocated, shall be salvaged to the Agency.

Full compensation for conforming to this article shall be considered as included in the Lump Sum Bid Price for Mobilization and no additional compensation shall be allowed. 7-10.4 Public Safety

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7-10.4.1 Safety Orders.

The Contractor shall comply with the provisions of any Agency ordinances or regulations regarding requirements for the protection of excavations and the nature of such protection.

In accordance with Section 6500 of the Labor Code, the Contractor is required to obtain a permit from the Division of Industrial Safety for any trench or excavation of five feet or more in depth and into which a person is required to descent.

Prior to beginning of excavations requiring shoring, the Contractor shall designate in writing to the City’s representative someone whose responsibility it is to supervise the project safety measures and someone whose responsibility it is to supervise the installation and removal of sheeting, shoring and bracing. In addition to shoring the excavations in accordance with the minimum requirements of Industrial Safety Orders, it shall be the Contractor's responsibility to provide any and all additional shoring required to support the sides of the excavation against the effects of load which may exceed those desired by using the criteria set forth in the Industrial Safety Orders. The Contractor shall be solely responsible for any damages which may result from his failure to provide adequate shoring of the excavation under any and all of the conditions of loading which may exist, or which may arise during construction of the project.

In accordance with Section 7104 of the Public Contract code, any public works contract which involves excavations that extend deeper than four feet below the surface shall provide as follows:
(a) That the Contractor shall promptly, and before the following conditions are disturbed, notify the public entity, in writing, of any:
(1) Material that the Contractor believes may be
material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law.
(2) Subsurface or latent physical conditions at the site differing from those indicated.
(3) Unknown physical conditions at the site of any
unusual nature, different materially from those ordinarily encountered and generally as inherent in work of the
character provided for in the contract.
(b) The that public entity shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in the Contractor's cost of, or the time required for, performance of

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any part of the work shall issue a change order under the procedures described in the contract.
(c) That, in the event that a dispute arises between the public entity and the Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the Contractor's cost of, or time required for, performance of any part of the work, the Contractor shall not be excused from any scheduled completion date provided for by the contract, but shall proceed with all work to be performed under the contract.

The Contractor shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the contracting parties.
7-15 PAYROLL RECORDS.

Payroll records, if requested by the Agency, shall be submitted to the Agency by the tenth day of each month. Progress payments will be withheld pending receipt of any outstanding reports.

SECTION 8 - FACILITIES FOR AGENCY PERSONNEL.
8-2 FIELD OFFICE FACILITIES.

A field office shall not be required.

SECTION 9 - MEASUREMENT AND PAYMENT.
9-3 PAYMENT.
9-3.2 Partial and Final Payment.

The closure date for periodic progress payments will be five (5) working days prior to the first Monday of each month. The final progress payment will not be released until the Contractor returns the control set of Plans and Specifications showing the asconstructed conditions.

Partial payments, except the final payment, shall not be made for periods of less than one month. To claim a partial payment on the amount due or the final payment itself, the Contractor shall obtain approval of measurement of quantity of work completed from the City’s representative, or his designated representative, and shall prepare an invoice showing bid items, unit bid price, quantity completed, quantity previously paid, total quantity as of the date of invoice, amount claimed on the invoice, previous payment, amount to be retained, and the contract amount. The Contractor may substitute securities in lieu of retention as permitted by the provisions of the Standard Specifications. The amount to be retained by the City shall be 5% of the work completed as of the date of the payment request. The invoice shall be submitted to the City’s representative two weeks prior to the second or fourth Tuesday of the month, the

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days on which payments are placed in the warrant lists for Council approval. Such payments are made by the Finance Department during the week in which they are approved by the City Council.

After completion of the contract, the City Council shall, upon recommendation of the City’s representative, accept the work as completed and authorize the final payment.

The final payment shall be the entire sum found to be due the Contractor after deducting there from all previous payments and all amounts to be kept and all amounts to be retained under the provisions of the contract. All prior partial estimates and payments shall be subject to correction in the final estimate and payment.

The final payment of the retention amount to the Contractor shall be made thirty-five (35) days from the date of the recording of the Notice of Completion of the work after it is accepted by the City and shall be made on a duly certified voucher therefore, except as State Law may permit Contractor to receive said final payment prior to said thirty-five (35) day period after acceptance of work by the City.

It is mutually agreed among the parties to the contract that no certificate given or payment made under the contract, except the final certificate of final payment, shall be conclusive evidence of full or substantial performance of this contract; no payment shall be construed to be an acceptance of any defective work or improper material.

Unless a written notice of protest disagreeing with the approved final payment and a notice of intention of additional claims is filed with the City’s representative prior to the acceptance of the final payment, the acceptance of the final payment by the Contractor shall release the City, the City Council, and the City’s representative from any and all claims or liabilities on account of work performed by the Contractor under the contract or any alternations thereof.

SUBSTITUTION OF SECURITIES
In conformance with the State of California Public Contract Code Section 22300, the contractor may substitute securities for any monies withheld by the Agency to ensure performance under the contract.

At the request and expense of the Contractor, the Contractor has the option to deposit securities, which have been approved by the Agency, and deposited with a State or Federally chartered bank as the escrow agent. Said securities will be used as a substitute for retention earnings required to be withheld by the Agency, pursuant to the construction contract. Said securities shall have no obligation to any other construction contract for substitution of securities in lieu of retention. When the Contractor deposits the Agency approved securities with the escrow agent, the escrow agent shall notify the Agency within 10 calendar days of the deposit. Said securities shall be evaluated quarterly by the escrow agent to verify the current market value. If the current market value of said securities falls below the required amount, the escrow agent shall notify the Contractor and require additional securities and/or cash to be submitted for Agency approval and be held in the escrow account to meet the Contractor's obligations. Said

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securities shall be held by the escrow agent until such time as the escrow agent receives written notification from the Agency that the Contractor has satisfactorily completed his contract obligations.

The type of securities deposited, and the method of release shall be approved by the City Attorney's office.
9-3.3 Delivered Materials.

Materials and equipment delivered but not incorporated into the work will not be included in the estimate for progress payment, subject to the discretion of the City City’s representative.
9-3.4 Best Management Practices
Per the Federal Clean Water Act, the Contractor is required to eliminate pollution to waters of the United States in regards to building this project. This project will require the Contractor to implement “Best Management Practices”. This work, for instance would include but not be limited to site cleanliness, immediately cleaning up spilled materials, sealing cans containing liquid immediately after use, removing loose dirt from the site, storing cement or plaster under an enclosure, etc. and will be paid under the bid item Best Management Practices.

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CITY OF YORBA LINDA

TECHNICAL SPECIFICATIONS
FOR

CITY HALL LANDSCAPE RENOVATION PROJECT
PART 8

LANDSCAPE AND IRRIGATION MATERIALS
SECTION 800 – MATERIALS
800-1 LANDSCAPE MATERIALS
800-1.1 TOPSOIL
Agronomic soils Report
a. After completion of rough grading and prior to soil preparation, the Contractor shall provide the testing of planting soils and composted organic humus materials by an independent agronomic soils testing laboratory that is a member of the California Association of Agricultural Labs. Representative soil samples shall be taken in the field and a written report shall be prepared by the soil scientist that shall include recommendations for soil amendments, preplant fertilization, hydro mulch slurry, and post-maintenance fertilization program.
b. Soil preparation specifications shall be prepared based on the test results and recommendations and must be approved by the Engineer and City Landscape Supervisor prior to soil preparation.
c. Soil tests shall be performed after soil preparation to confirm that soil preparation was performed in compliance with preplant soils report and specifications. Compliance of Contractor’s work with soil preparation specifications shall be determined solely by the City.
800-1.2 Soil Fertilizing and Conditioning Materials
800-1.2.3 Commercial Fertilizer.

Commercial fertilizer for back fill mix shall be free-flowing material delivered in unopened sacks. Material which becomes caked or otherwise damaged shall not be used. Exact composition and type of fertilizer to be determined by the agronomic soils test and will be supplied by the Contractor at no additional cost to the City. Organic/JTM Complete is the City’s preferred fertilizer.

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JTM fertilizer application applied at the following rates:

For pre-plant
landscape application
(Groundcover)
Apply 30 pounds per 1000 square feet
Container Size 1 gallon 5 gallon 15 gallon
Application Rates 2 oz. 6 oz. 19 oz.

Plant tablets shall be TriC, or approved equal, 17-9-5 applied at the following rates:

Tablet Size 1.7 Gram
Container Size 1 gallon 2 gallon 5 gallon
Application Rates (No. of
tablets
2 4 8
800-1.2.4 Organic Soil Amendment.

Organic Soil Amendment TVI 100 or approved equal, and may be purchased from Tierra Verde Industries 949-551-0363. General soil amendment shall be ½” minus organic humus product that aids the structure and fertility of the soil. Use a rate of 6 cubic yards per 1,000 square feet, rototilled into the top 6” of soil. Use up to 40% mix with original soil. An acceptable substitute includes granulation at 1” minus, nitrogen at 1% to 2%, pH range of 6.5 to 8.7, ECe at 4.0 to 6.8 ds/m, and boron less than 1ppm. 800-1.2.5 Mulch.

Contractor shall install 3” thick layer of mulch in all planter areas. Mulch to be installed after the planting of shrubs.

The Contractor shall maintain a 6” clear “no-mulch” zone around the base of each new and existing shrub and tree.

Mulch to be “Forest Floor” (0-2”), or approved equal:

A. Available from: Tierra Verde Industries 7982 Irvine Boulevard Irvine, CA 92618.

Phone: (714) 786-9558
B. Product shall be woodchips ½” to 3” in length, meet Caltrans Standard Specifications 20-2.08 for Mulch, contain only toxic free mineral based colorant C. The Contractor shall submit one sample of mulch materials for City approval.

D. The Engineer has the right to reject all samples and request additional samples

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until a suitable mulch material is approved.
800-1.2.5 Rock Cobble.

Materials shall be of first quality and of domestic manufacture as noted below:

A. Rock cobble

1. Types and sizes: as indicated on the plans.

2. Color: as indicated on the plans.
800-1.2.6 Boulders.

Size and quantity and source shown on drawings. Boulder surface to be free of cracks, fragments, and broken or cracked edges. Boulder type shall be as specified on the plans or approved equal. Pictures representative of boulder shall be submitted to Owner for approval.
800-1.4 Plants.

Contractor to provide 1-year guarantee for all shrubs.
800-1.4.1 General.

Shrubs and ground covers shall be grown by an established nursery having been in the business of growing shrubs and ground covers a minimum of five (5) years. At the option of the Engineer, plants shall be inspected and tagged at the nursery prior to shipment to the planting site. Shrubs shall be of the specified type and size, selected from high quality, well-shaped nursery stock. Plant names indicated or listed in the “Plant Legend” on the Plans, conform to the approved names given in “An Annotated Checklist of Woody Ornamental Plants in California, Oregon, and Washington, Manual 4091”, published by the University of California (1979), and in accordance with American Nurseryman standards. Except for names not covered therein, the established custom of the nursery shall be followed. Condition of plants shall be in accordance with the California State Department of Agriculture’s regulations for nursery inspections, rules, and grading and shall be symmetrical, typical for variety and species, sound, healthy, vigorous, free from plant disease, insect pests, or their eggs, and shall have healthy normal root systems, well filling their containers, but not to the point of being root bound.

Plants shall not be pruned prior to delivery, except as authorized by the City. The size of the plants shall correspond with that normally expected for species and variety of commercially available nursery stock, or as specified on the Plans. The minimum acceptable size of all plants, measured before pruning with the branches in normal position, shall conform to the measurements, if any, specified on the Plans. Plants larger in size than specified may be used with the approval of the City, but the use of larger plants shall not serve as the basis for a change order. All plant material shall be subject to the inspection and acceptance of the City before planting. A representative number of plants as determined by the City may be inspected for size and condition of root growth insects, injuries and defects. Plants not accepted are to be removed from the site immediately and replaced with suitable plants. The City reserves the right to reject entire lots of plants represented by defective samples. The contractor shall provide a plant

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material order invoice to the Engineer at the preconstruction meeting. 800-1.6 Miscellaneous Landscape Materials.
800-1.6.1 General.

Whenever a material or process is delineated or specified by patent, proprietary name or process, or manufacturer’s name, such specifications are used for the purpose of facilitating the description of material or process desired. Approved equals are acceptable as approved by the engineer. Suppliers and manufacturer’s directions, specifications and recommendations will be followed in all cases where the materials used furnish directions and cover points not delineated on the Plans or in the Specifications. The specifications only indicate the quality and workmanship to be performed rather than a detailed description of the performance of the work. In the event of any discrepancies between the Plans or Specifications, the final decision as to which will be followed shall be made by the Engineer. In the event the installation is contradictory to the direction of the Engineer, the installation shall be rectified by the Contractor at no additional cost to the City.

All workmanship and materials incorporated shall be the best available grade of their respective kind. Provide a sample of each material specified. Accepted samples may be used in the Work. Submit three (3) sets of a type written list of materials as specified to the Engineer within twenty-one (21) days after award of contract. This list shall give the name, material number, and the manufacturer, and shall be accompanied by cut sheets or reproductions of catalog pages for all of the material to be installed. Approval of substitutions will not relieve the Contractor from complying with the requirements of the Contract Documents, Plans and Specifications. Pay at Contractor’s sole expense for all changes caused by approved substitution which affect other items of work. 800-1.6.2 Herbicide.

Non-selective herbicide for weed abatement shall be Roundup, or approved equal.

Submit herbicide to City for approval prior to application. Apply per manufacturer’s instructions.
800-1.6.3 Pre-emergent.

Pre-emergent weed control material shall be Ronstar, or approved equal. 800-2.1 IRRIGATION SYSTEM MATERIALS.
800-2.1.3 Plastic Pipe for Use with Solvent Weld Socket or Threaded Fittings.

All pressure supply lines downstream of the strainer assembly unit shall be Schedule 40 solvent weld PVC 1-1/2” or smaller and Class 315 solvent weld PVC for 2” or larger.

Piping shall conform to ASTM 1785. All non-pressure lines downstream of the remote control valve shall be Schedule 40 solvent weld PVC conforming to ASTM D1785. Pipe shall be marked continuously with manufacturer's name, nominal pipe size, schedule or class, PVC type and grade, National Sanitation Foundation approval, Commercial Standards designation, and date of extrusion. All plastic pipe

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shall be extruded of an improved PVC virgin pipe compound in accordance with ASTM D2241 or ASTM D1785.

All solvent weld PVC fittings shall be standard weight Schedule 80 and shall be injection molded of an improved virgin PVC fitting compound. Slip PVC fittings shall be the "deep socket" bracketed type. Threaded plastic fittings shall be injection molded. All tees and ells shall be side gated.

All fittings shall conform to ASTM D2466. All threaded nipples shall be standard weight Schedule 80 with molded threads and shall conform to ASTM D1785.

All solvent cementing of plastic pipe and fittings shall be a two-step process, using primer and solvent cement applied per the manufacturer's recommendations. Cement shall be of a fluid consistency, not gel-like or ropy. Solvent cementing shall be in conformance with ASTM D2564 and ASTM D2855. When connection is plastic to metal, female adapters shall be hand tightened, plus one turn with a strap wrench. Joint compound shall be non-lead base Teflon paste, tape, or approved equal. 800-2.2.2 Gate Valves.

Gate valves shall be of the manufacturer, size, and type indicated on the Plans.

Gate valves, 2-inch diameter or smaller, shall have bronze bodies, rising stems and brass cross handles.

Gate valves, 2 ½ inch diameter and larger, shall be AWWA approved and have flanged connections, a 2-inch square operating nut, epoxy coated cast iron bodies resilient wedge gate and stainless steel fasteners and have an arrow cast in metal indicating the direction of water flow. Unit shall have stainless steel bolts, nuts and washers and full face gaskets for connecting flanges.

Class 312 stainless steel nuts and bolts with full face gaskets shall be used to connect all flanged connections.
800-2.2.4 Remote Control Valves.

Automatic control valves shall be of the manufacturer, size, and type indicated on the Plans. Automatic control valves shall be electrically operated. Drip zone valves shall be accompanied with pressure regulators and filters per the manufacturer. 800-2.2.6 Quick-coupling Valves and Assemblies.

Quick-coupling valves shall be of the manufacturer, size, and type indicated on the Plans.
800-2.2.7 Valve Boxes.

Valve boxes shall be fabricated from a durable, weather-resistant plastic material resistant to sunlight and chemical action of soils. The valve box cover shall be green in

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color and secured with dual locks to be supplied. The cover and box shall be capable of sustaining a load of 1,500 pounds. Valve box extensions shall be by the same manufacturer as the valve box. Automatic control valve boxes shall be rectangular and sized per plan. Valve box covers shall be marked "RCV" with the valve identification number "heat branded" onto the cover in 2 inch high letters / numbers. Gate valve boxes shall be 10" circular size. Valve box covers shall be marked with either "GV" "heat branded" onto the cover in 2-inch-high letters. Quick coupling valve boxes shall be 10" circular size. Valve box covers shall be marked with either "QCV" "heat branded" onto the cover in 2-inch-high letters. Line flushing valve boxes shall be 10" circular size.

Valve box covers shall be marked with either "FV" "heat branded" onto the cover in 2 inch high letters. Heat branding method, craftsmanship, and lettering orientation to be approved by city prior to branding lids.
800-2.2.8 Line Flushing Valves.

Line flushing valves shall be the size and type as indicated on the plans. 800-2.2.9 Air/Vacuum Relief Valves.

Air/vacuum relief valves shall be the size and type as indicated on the plans. 800-2.3 Backflow Preventer Assemblies.

Back flow assemblies shall be the size and type as indicated on the plans. 800-2.4 Sprinkler Equipment.

Irrigation heads and nozzles shall be of the manufacturer, size, type, with radius of throw, operating pressure, and discharge rate indicated on the Plans. Irrigation heads and nozzles shall be used as indicated on the Plans.

Drip line shall be of the manufacturer, size, type with discharge rate, emitter spacing and operating pressure as indicated on the Drawings. All fittings, line flushing valves and anchor staples shall be of the same manufacturer as the drip line. 800-2.5 Miscellaneous Landscape Materials.

All materials supplied for this project shall be new and free from any defects. All defective materials shall be replaced immediately at no additional cost to City. After award of contract and before any irrigation system materials are delivered to the job site, submit to the Engineer a complete list of all irrigation systems, materials, or processes proposed to be furnished and installed as part of this Contract. Show manufacturer's name and catalog number for each item, furnish complete catalog cuts and technical data, furnish the manufacturer's recommendations as to the method of installation.

No substitutions will be allowed without prior written acceptance by the Engineer.

Manufacturer's warranties shall not relieve the Contractor of liability under the guarantee. Such warranties shall only supplement the guarantee. If the Contractor wishes to substitute any equipment or materials for equipment or materials listed on the irrigation Drawings and Specifications, it may do so by providing the following information to the Engineer for approval:

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• Provide a written statement indicating the reason for making the substitution.
• Provide catalog cut sheets, technical data, and performance information for each substitute item.
• Provide in writing the difference in installed price if the item is accepted.

The contractor shall furnish all materials as specified in the plans and specifications and turn over a fully functional irrigation system complete with programming as coordinated by the City and accommodating for the new irrigation controller within the new landscape.

Additionally, the contractor shall be responsible for repairing any landscape damaged or removed for the purpose of installation of the irrigation.

SECTION 800-3 ELECTRICAL MATERIALS.
800-3.2.2 Conductors.

Remote control wire shall be direct-burial AWG-UF type, size as indicated on the Drawings, and in no case smaller than 14 gauge. Connections shall be Scotchlok 3M DBY Direct Bury Splice Kit per city std. plan 516. Kit shall include a Scotchlok Y Spring connector, a Polypropylene tube prefilled with waterproof sealing gel. Ground wires shall be white in color. Control wires shall be red (where two or more controllers are used, the control wires shall be a different color for each controller. These colors shall be noted on the "Record Drawings" Plans located on controller door). 800-3.3 Controller Unit.

The Controller unit shall be of the manufacturer, and type indicated on the plans.

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SECTION 801 INSTALLATION
801-1 GENERAL
801-2 EARTHWORK AND TOPSOIL PLACEMENT.
801-2.2.1 General.

The weed abatement program shall proceed upon the removal and disposal turf grass and shrubs. Rake or hoe off all turf or weeds to a depth of 2 inches or as indicated in the construction plans.

Apply irrigation water by spray or hand watering every 48 hours for a period of 14 days.

Reapply herbicide as needed. Allow weeds and grass 7 days to dry before being removed. Continue watering for an additional 7 days before reapplying herbicide for 3rd application as needed. Proceed with Soil Fertilizing and Conditioning procedures, and rototill soil. Once soil preparation is complete, irrigation modifications can proceed. 801-2.2.2 Fertilizing and Conditioning Procedures.

Fertilizing and soil amendment guidelines under agronomic soils testing shall be used for bidding purposes for planting areas, however, Contractor shall amend it as necessary per the soils test report at no additional cost to the City. 801-2.3 Finish Grading.

Finish grades are existing having been previously established the contractor shall maintain the existing finished grade elevations. Finish grading will only be required in raking out/feathering spoils from planting installations. 801-4 PLANTING.
801-4.1 General.

Prior to excavation for planting or placing of stakes, locate all utilities, electric cables, conduits, underground irrigation lines, heads, valves and valve control wires, and all utility lines so that proper precautions may be taken not to damage such improvements. In the event of a conflict between utilities and plant locations, promptly notify the Engineer who will arrange for one or the other to be relocated. If contractor fails to follow this procedure it shall repair all damages resulting from the work at contractor’s sole expense. Plant materials shall be furnished in the quantities and/or spacing as shown or noted for each location, and shall be of the species, kinds, sizes, etc., as symbolized, and/or described in the Plant Legend, as indicated on the Plans. Verify all sizes and quantities on the Plans.

Promptly report any discrepancy to the Engineer.

Any plant material or any development materials specified by trade name or equal, shall be according to these Plans and Specifications. Installation and use of substitute items shall not be made until the Contractor is in receipt of written approval from the Engineer.

Substitution proposals for plant material must be accompanied by written proof of nonPage 271 of 374 TP-9
availability within a five hundred mile radius of the project site for material originally specified and proof that material was ordered in a timely manner upon award of contract.

Regularly water all nursery stock in containers and place them in a cool area protected from sun and drying winds. Do not allow plants to dry out before or while being planted.

Keep exposed roots moist by means of wet sawdust, peat moss or burlap at all times during planting operations. Do not expose roots to the air except while being placed in the ground. Wilted or diseased plants, whether in place or not, will not be accepted and shall be replaced at the Contractor’s sole expense. Moisten prepared surface immediately prior to installing plant material. Install plant material immediately after delivery to site, within 24 hours after delivering to prevent deterioration. Hand water landscaped areas immediately after installation with a minimum of 1” of water. 801-4.5 Tree and Shrub Planting.

In the event that underground construction work or obstructions are encountered in the planting operation, alternate locations for plant material will be selected by the City.

Operation shall be done at no extra cost to the City. The following material shall be thoroughly blended and used as a backfill mix:
6 parts by volume on-site soil
4 parts by volume Organic Amendment 1 lbs. 16-20-0 per cubic yard of mix 2 lbs. Iron Sulfate per cubic yard of mix
The actual material and amounts, as determined by the agronomic soils test, shall be supplied by the Contractor at no additional cost to the City. No mixing for individual planting holes is permitted. Mix planting soil prior to backfilling and stockpile at the site.

Iron sulfate shall not contact cement surfaces because severe staining could occur; repair or replace stained cement at Contractor’s sole cost. Remove all plants from their containers and set so that, when settled, they bear the same relation to the required grade as they bore to the natural grade before being transplanted. Set the directed amount of plant fertilizer to be used with each plant on the top of the root ball so the required fertilizer amount to be used in each hole can be easily verified and approved by the Engineer.

Improper planting may delay the maintenance period and extend working days causing liquidated damages. Planting holes shall be compacted with no more than 1” settlement from finished grade.
801-4.10 Mulch.

All shrubs and ground cover areas shall be mulched after planting with 3 inches of mulch.

Maintain a 6 inch clear “no-mulch” zone around the base of each tree and shrub. 801-5 IRRIGATION SYSTEM INSTALLATION.
801-5.1 General.

Prior to all work of this Section, carefully inspect the installed work of all other trades and verify that all such work is complete to the point where this installation may properly commence. Verify that irrigation system may be installed in strict conformance with all pertinent codes and regulations, the original design, the referenced standards, and the manufacturer's recommendations. In the event of discrepancy, immediately notify the

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Engineer.

Do not proceed with installation in areas of discrepancy until all discrepancies have been resolved. Before starting work, carefully check all grades to determine that work may safely proceed, keeping within the specified material depths with respect to finish grade.

The Engineer will approve final grades before work on this Section will be allowed to begin. Make all necessary measurements in the field to ensure precise fit of items in accordance with the original design. Coordinate the installation of all irrigation materials with all other work.

All scaled dimensions are approximate. Check and verify all size dimensions prior to proceeding with work under this Section. Exercise extreme care in excavating and working near existing utilities. Repair damages to utilities, which are caused by Contractor’s operations or neglect, at no additional cost to City. Prior to installation, stake out all pressure supply lines, routing and location of sprinkler heads, valves, and automatic controller. Layout irrigation system and make minor adjustments required due to differences between site and Drawings. Where piping is shown on Drawings under paved areas, but running parallel and adjacent to planted areas, install the piping in the planted areas. Connections to, or the installation of, the water supply shall be at the locations shown on the Drawings. Minor changes caused by actual site conditions shall be made at no additional expense to the City.

Existing irrigation equipment to be replaced including valves, spray heads, and rotors shall be salvaged and delivered to the City.

Verify and be familiar with the locations, size and detail of points of connection provided as the source of water and connection to the irrigation system. Irrigation design is based on the available static water pressure shown on the Drawings. Verify static water pressure on the project prior to the start of construction. Should a discrepancy exist, notify the Engineer’s authorized representative prior to beginning construction. Prior to cutting into the soil, locate all cables, conduits, sewer septic tanks, and other utilities as are commonly encountered underground and take proper precautions not to damage or disturb such improvements. If a conflict exists between the obstacles and the proposed work, promptly notify the Engineer who will arrange for relocations. Proceed in the same manner if a rock layer or any other such conditions are encountered. Protect all existing utilities and features to remain on and adjacent to the project site during construction. Repair, at its sole cost, all damage resulting from its operations or negligence.

The Agency Representative shall have, at all times, safe access to the Work. Where the Specifications require work to be tested by the Contractor, it shall not be covered over until accepted by the Engineer. Notify the Engineer, a minimum of 48 hours in advance of where and when the work is ready for testing. Should any work be covered without testing or acceptance, it shall be, if so ordered, uncovered at the Contractor's sole expense. Inspections will be required for the following at a minimum:
• System layout
• Pressure test irrigation main line (Six hours at 125 PSI) lateral lines (2 hours at 100 psi).

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• Coverage test of irrigation system
• Final inspection prior to start of maintenance period • Final acceptance
Work that fails testing and is not accepted will be re-tested. Hourly rates and expenses of the Engineer for re-inspection or re-testing will be paid by the Contractor at no additional expense to City.

Use all means necessary to protect irrigation system materials before, during, and after installation and to protect the installation work and materials of all other trades. In the event of damage, immediately make all repairs and replacements necessary to the acceptance of the Engineer and at no additional cost to the City. Exercise care in handling, loading, unloading, and storing plastic pipe and fittings under cover until ready to install. Transport plastic pipe only on a vehicle with a bed long enough to allow the pipe to lay flat to avoid undue bending and concentrated external load. Dispose of waste, trash, and debris in accordance with applicable laws and ordinances and as prescribed by authorities having jurisdiction. Do not bury waste material and debris on the site. Burning of trash and debris will not be permitted. Remove and dispose of rubbish and debris generated by his work and workmen at frequent intervals or when ordered to do so by the Engineer. At the time of completion, the entire site will be cleared of tools, equipment, rubbish and debris which shall be disposed of off-site in a disposal area that is fully and legally licensed.

Temporary Repairs: The City reserves the right to make temporary repairs as necessary to keep the irrigation system in operating condition. The exercise of this right by the City shall not relieve the Contractor of his responsibilities under the terms of the guarantee as herein specified.

Supply the following items:
• Two (2) wrenches for disassembly and adjustment of each type of sprinkler head used in the irrigation system.
• Two (2) 30-inch sprinkler keys for manual operation of control valves. • One (1) valve box cover key.
• Four (4) extra sprinkler heads of each size and type. • 250 feet of additional drip line and 100 feet blank roll. • 200 drip line stapes.

The above equipment shall be turned over to the Engineer at the final inspection.

At the time of the pre-maintenance period inspection, the Engineer and governing agencies will inspect the work and, if not accepted, prepare a list of items to be completed by the Contractor. At the time of the post-maintenance period or final inspection the work will be re-inspected, and final acceptance will be in writing by the Engineer. The City Engineer shall have final authority on all portions of the work.

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801-5.3 Irrigation Pipeline Installation.
801-5.3.1 General.

Trenching excavation shall follow layout indicated on Drawings to the depths below finished grade and as noted. Where lines occur under paved areas, these dimensions shall be considered below subgrade. Provide minimum cover of 24 inches on pressure supply lines. Provide minimum cover of 24 inches for control wires. Provide minimum cover of 12 inches for non-pressure lines unless lines are designated as “ON GRADE” per the plans. Backfill material on all lines shall be the same as adjacent soil free of debris, litter, and rocks over 1/2 inch in diameter. Backfill shall be tamped in 4-inch layers under the pipe and uniformly on both sides for the full width of the trench and the full length of the pipe. Backfill materials shall be sufficiently damp to permit thorough compaction, free of voids. Backfill shall be compacted to 90% relative compaction and shall conform to adjacent grades. Flooding in lieu of tamping is not allowed. Under no circumstances shall truck wheels be used to compact backfill. Provide sand backfill a minimum of 6 inches over and under all piping under paved areas.

Piping under existing pavement may be installed by jacking, boring, or hydraulic driving.

No hydraulic driving is permitted under asphalt pavement. Cutting or breaking of existing pavement is not permitted. Carefully inspect all pipe and fittings before installation, removing dirt, scale, burrs, and reaming. Install pipe with all markings up for visual inspection and verification.

Remove all dented and damaged pipe sections. All lines shall have a minimum clearance of 6 inches from each other and 12 inches from lines of other trades. Parallel lines shall not be installed directly over each other. In solvent welding, use only the specified primer and solvent cement and make all joints in strict conformance with the manufacturer's recommended methods including wiping all excess solvent from each weld. Allow solvent welds at least 15 minutes setup time before moving or handling and 24 hours curing time before filling. PVC pipe shall be installed in a manner, which will provide for expansion and contraction as recommended by the pipe manufacturer. Center load all plastic pipe prior to pressure testing. All threaded plastic-to-plastic connections shall be assembled using Teflon tape or Teflon paste. For plastic-to-metal connections, work the metal connections first. Use a non-hardening pipe dope an all threaded plastic-to-metal connections, except where noted otherwise. All plastic-to-metal connections shall be made with plastic female adapters.

Sub-Surface Drip Irrigation System:

1.Verify existing field dimensions of the area to be irrigated with the irrigation plans for accuracy. Begin dripper tubing layout 12” away from both hard surfaces; i.e., concrete sidewalks, curbs, asphalt, and/or undefined edges; i.e., shovel-cut headers. Mark tubing intervals on the ground with flags, paint, or some other markings that can be maintained throughout the installation.

2.As much as possible, supply and exhaust headers shall be installed perpendicular to contours.

3.As much as possible, dripper tubing shall be installed parallel with contours.