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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 that this is a Federally funded project, therefore the Davis-Bacon wage determination rates apply. (“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
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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.
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.
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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:
Gene Hernandez
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:
ADVENTURE PLAYGROUND ACCESSIBLE PATH OF TRAVEL PROJECT
PLANS AND SPECIFICATIONS
DECEMBER 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
ADVENTURE PLAYGROUND ACCESSIBLE PATH OF TRAVEL 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 , 2023.
(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
ADVENTURE PLAYGROUND ACCESSIBLE PATH OF TRAVEL 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 , 2023
(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
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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
ADVENTURE PLAYGROUND
ACCESSIBLE PATH OF TRAVEL PROJECT
SCOPE OF WORK
The work to be conducted hereunder includes but not limited to the removal of non-ADA compliant concrete walkways, access ramps and curbing and the installation ADA compliant concrete walkways, access ramps and curbing.
LOCATION OF WORK
The general location and limits of the work are at Thomas Lasorda Jr. Field House, 4701 Casa Loma Ave., Yorba Linda, CA, 92886.
TIME OF COMPLETION
The Contractor shall complete all work in every detail within the 60 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.
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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.
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 A or B 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.
GS-3
UTILITY REQUIREMENTS
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
GS-4
Headquarters Planning Office at (714) 369-0680 at least 2 working days prior to the start of construction.
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.
GS-5
PROTECTION OF PROPERTY DURING INCLEMENT WEATHER
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
GS-6
The Standard Specifications of the AGENCY are contained in the latest edition of the STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION, including all 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).
GS-7
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 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
Contractor is aware that this is a Federally funded project, therefore the Davis-Bacon wage determination rates apply. (“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.
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 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.
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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 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.
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(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. (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
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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
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.
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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
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
ADVENTURE PLAYGROUND
ACCESSIBLE PATH OF TRAVEL 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
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may be required, before the Contract Agreement is executed by the Agency, to furnish evidence of its corporate existence, of its right to enter into contracts in the State of California, and that the officers signing the contract and bonds for the corporation have the authority to do so.
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.
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Samples of materials and/or articles shall, upon demand, be submitted for tests or examinations and consideration before incorporation of same in work started.
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
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5-1 LOCATION.
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
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Schedule. Any deviations from the original schedule shall be explained. Progress payments will be withheld pending receipt of any outstanding reports. 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 Five hundred dollars ($500.00). 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
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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.
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.
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The following statement shall be included on the insurance certificate as an endorsement:
"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
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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 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
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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 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.
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When used for lane closures, the fluorescent traffic cones or portable delineators shall be placed at intervals not to exceed the following:
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.
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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
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.
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(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 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
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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 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
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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 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
ADVENTURE PLAYGROUND
ACCESSIBLE PATH OF TRAVEL PROJECT
GREENBOOK
These Technical Specifications are provided as Amendments to the 2018 Edition of the Standard Specifications for Public Works Construction and shall apply to site construction only.
PART 2 - CONSTRUCTION MATERIALS
SECTION 201 - CONCRETE, MORTAR, AND RELATED MATERIALS
201-1 PORTLAND CEMENT CONCRETE
201-1.1 Requirements
201-1.1.1 General. Add the following paragraph 4:
The cement utilized shall be Type II/V, per the project Geotech report. No substitution of materials shall be permitted. The Contractor shall furnish the Owner’s Representative with a copy of the mix design to be used and with a legible certified weight-master’s certificate for each load of P.C.C. delivered to the project. Portland Cement Concrete delivered to the project site having a water content and/or slump greater than that specified in the mix design shall be rejected and removed from the project site.
Contractor shall retain the services of a qualified State of California licensed civil engineer to provide a concrete mix design for each class of concrete in accordance with UBC Section 1905. Concrete mix design submittals shall bear the stamp and signature of the engineer approving the mix design as being consistent with project specifications and geotechnical report.
201-1.1.2 Concrete specified by class: The strength of concrete shall be 3,250 psi for all concrete not otherwise specified with a maximum slump of four inches (4") for all concrete flatwork, walls, curb, gutter, walks, aprons, footings, foundations, sidewalks, access ramps, curbs and gutters, and cross gutters, mow curbs, columns, thrust blocks, seating, monument signs, etc. Portland cement concrete shall be Class 560-C-3250 unless shown otherwise on the plans.
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201-1.1.3 The Water Cement Ratio (W/C) shall be 0.50 maximum. 201-1.1.4 Test for Portland Cement Concrete
1. All material shall comply with the latest editions of the American Concrete Institute (ACI) and Uniform Building Code. Testing of Portland cement concrete shall apply to all site concrete including but not limited to: concrete paving, walls, footing, etc.
2. Product Data:
a) Submit complete materials list of items proposed for the work. Identify material source.
b) Submit admixture, curing compound, retarder, and accessory item product data.
c) Submit material certificates for aggregates, reinforcing, and join fillers.
3. Submit concrete delivery tickets to Quality Control Manager. Show the following:
a) Batch number
b) Mix by class or sack content with maximum size aggregate c) Admixture
d) Air content
e) Slump
f) Time of loading
4. Submit concrete test reports.
5. Owner will provide field quality control testing and inspection during concrete operations.
6. Contractor shall provide adequate notice, cooperate with, provide access to the work, obtain samples, and assist test agency and their representatives in execution of their function.
7. Strength Verification
Contractor should present mix design to Owner Inspector for approval prior to pour. Contractor shall provide copies of concrete tickets verifying the strength requirements for every truck load of concrete (see also item 3 above). 201-1.2 Materials
201-1.2.1 Portland Cement
1. Lime: ASTM C207, Type S, containing 85% by weight of calcium oxide.
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2. Lime Putty: Make from hydrated lime conforming to ASTM C207, pulverized to such fineness that 100% will pass a 50 mesh sieve.
Mix lime in water, run through screen into box and age 48 hours.
3. Cement shall be Type II/V Portland Cement.
201-1.4 Mixing
201-1.4.3 Transit Mixer
Mixes
a. Provide ASTM C94 ready-mixed concrete. Batch mixing at site not acceptable.
1. Strength: 3,250 psi minimum at 28 days for all concrete flatwork, curbs, seating, ramps, plaza area, etc, unless otherwise noted on project plans.
2. Slump Range: 2” to 4” maximum
b. Coarse aggregate shall consist of 3/4” aggregate - 3/8” aggregate for pump mix.
c. Provide an approved water-reducing admixture in all concrete. d. Provide an air-entraining admixture in all concrete. Air content 5% to 7%. e. Indicate water added to mix at job site on each delivery ticket. Show quantity of water added. Site water tempered mixes exceeding specified slump range will be rejected as not complying with specifications requirements.
201-2 STEEL REINFORCEMENT FOR CONCRETE
201-2.1 Reinforcing Steel.
Reinforcing steel shall be Grade 60 steel conforming to ASTM A 615 with 2-inch minimum cover unless shown otherwise on the plans.
201-2.2 Payment
Payment for steel reinforcement shall be included in the lump sum contract price for all related items, i.e., concrete ramps, walks, walls, structures, footings. 201-3 EXPANSION JOINT FILLER AND JOINT SEALANTS
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201-3.1 Pre-molded Joint Filler
Expansion joint material shall be Deck-O-Foam by W.R. Meadows Corporation or approved equal – 1/4″ in dimension. Install per manufacturers specifications (909) 469-2606.
201-4 CONCRETE CURING MATERIALS
Curing compound shall be ASTM 309 or better. Concrete cure and seal shall be “clear” by Davis Colors, or approved equal.
PART 3 - CONSTRUCTION METHODS
SECTION 300- EARTHWORK
300.1 Clearing And Grubbing
300-1.1 General:
1. All site grading, earthwork preparation, pre-saturation, compaction, etc. shall be as outlined in these specifications and the plan documents
2. All clearing and grubbing, grading and earthwork shall be performed per plans, technical specifications.
3. Any and all earthwork/demolition within 5’ of dripline of existing trees shall be conducted with the oversight/supervision of the City Arborist to verify no damage shall be imparted to existing trees.
4. Perform grading within contract limits, grading around trees, including adjacent transition areas to new elevations, levels, profiles, and contours indicated.
5. Any existing tree roots encountered which are 2” or greater in dimension shall be hand dug/excavated. Cutting of any roots 2” or larger in dimension will be performed under the supervision and approval of the City Arborist. No ripping of existing roots 2” or larger in dimension shall be permitted.
Site Grading
1. Perform grading within contract limits, including adjacent transition areas to new elevations, levels, profiles, and contours indicated. Check subgrade surfaces parallel to finished surface grades. Provide uniform levels and slopes between new elevations and existing grades.
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2. Grade surfaces to assure areas drain away from structures and to prevent ponding and pockets of surface drainage. Check subgrade surfaces. Subgrade shall be free from irregular surface changes and as follows:
a. The subgrade at any point shall not vary more than 0.10 foot above or below the grade established by the Improvement Plans if the structural section indicates placing surfacing on native material. b. The subgrade at any point shall not vary more than 0.10 feet above the grade established by the Improvement Plans if the structural section indicates placing an aggregate base or sub-base material on native materials.
c. Precise Grading: Fine grades shall be set to the grades/elevations established by the improvement plans.
d. Paved Areas: Shape surface of fine grade areas to line, grade, and crosssection indicated. Check compacted subgrade. Subgrade shall be suitable to receive paving base materials, per Standard Specifications.
Subgrade tolerance plus 0, minus 1/2".
e. Granular Base: Check subgrade surface. Subgrade surface shall be smooth and even, free of voids, to the required subgrade elevation.
Compacted subgrade shall be suitable to receive granular base materials per Standard Specifications. Tolerance 1/2" in 10'.
3. Uniformly distribute and spread soil. Provide additional imported topsoil, if required, and approved by the City, to complete the work. Use loose, dry weedfree topsoil. Do not use muddy topsoil. Place during dry weather.
4. Fine grade topsoil eliminating rough and low areas to ensure positive drainage.
Maintain levels, profiles, and contours of fine grades.
5. Remove stones, roots, weeds, and debris while spreading topsoil materials.
Rake surface clean of stones 1" or larger in any dimension and all debris.
Provide surfaces suitable for soil preparation provided under lawn and planting work. Contractor shall be responsible for ‘rock picking’ and removal of all rocks, stones, and boulders one (1) inch in diameter and greater in all areas not requiring concrete paving. Removal of rocks from site shall be in compliance with state and local codes.
6. Perform grading within contract limits, including adjacent transition areas to new elevations, levels, profiles, and contours indicated. Grading and earthwork for the new construction shall include excavation of the existing grade as necessary to “key” in to existing grade the proposed surface. Spoils from such operations shall be relocated and stock piled by the contractor. Provide subgrade surfaces parallel to finished surface grades. Provide uniform levels and slopes between new elevations and existing grades.
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300-1.2 Preservation of Property
Consult the records and Contract Drawings of adjacent work and of existing services and utilities which may affect site work operations.
300-1.3 Removal and Disposal of Materials
Removal and disposal of material shall be done by City approved licensed and Franchised Commercial Solid Waste Haulers.
300-1.3.1 General
The work shall be done in accordance with Section 300-1.3.2 of the Standard Specifications for Public Works Construction except as modified and supplemented herein.
The Contractor shall dispose of all excess or waste material and shall include all fees for such disposal in the appropriate bid items.
The Contractor shall maintain the job site in a clean and safe condition. The Contractor shall remove any broken concrete, debris or other deleterious material from the job site at the end of each workday or as directed by the Engineer. All areas of roadway removal and replacement shall have a minimum trench width of 3-feet to facilitate maximum compaction. Contractor shall meet with the Engineer to mark out the areas of roadway removal and replacement.
Non reinforced concrete and asphalt wastes generated from the job site shall be disposed of at a facility that crushes such materials for reuse. Excess soil and other recyclable solid wastes shall not be disposed of at a sanitary landfill.
The Contractor shall maintain monthly tonnage records of total solid wastes generated and solid wastes disposed of at a sanitary landfill. The Contractor shall report said tonnage monthly to the Engineer and provide appropriate confirmation documentation from the recycling facility. All material disposal manifests shall be provided to the Engineer prior to release of final retention.
The Contractor shall dispose of all excess or waste material and shall include all fees for such disposal in the appropriate bid items
300-1.3.2 Concrete Curb, Walk, Gutters, Cross Gutters.
Concrete shall be removed to neatly sawed edges with saw cuts made to a minimum depth of two (2) inches. Joins to existing pavement lines shall be full depth sawcuts.
Final removal between the sawcut lines may be accomplished by the use of jackhammers or sledgehammers. Pavement breakers or stompers will not be permitted on the job. The Engineer must approve final removal accomplished by other means.
Miscellaneous:
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In addition to the work outlined in Subsection 300-1 of the Standard Specifications, the following items of work are included under Clearing and Grubbing unless otherwise covered by a specific bid item.
1. Maintain dust control at all times by watering; including developing water supply and furnishing and placing all water required for work done in the contract, including water used for extra work.
2. Provide for traffic control and all signs, barricades, striping and flashers necessary to maintain proper control, per approved Traffic Control Plans (as provided by contractor)
3. Protection and maintenance of utilities, trees. fences, walls, and other facilities within the construction zone, except those specifically directed by the Owner Representative to be removed or relocated.
4. Other items of work as directed in these Special Provisions.
5. Remove asphalt concrete paving and base material.
1. Remove PCC concrete.
300-1.5 Solid Waste Diversion
Non-reinforced clean concrete and asphalt wastes generated from the job site shall be disposed of at a facility that crushes such materials for reuse. Excess soil and other recyclable solid wastes shall not be disposed of at a sanitary landfill.
The Contractor shall maintain monthly tonnage records of total solid wastes generated and solid wastes disposed of at a sanitary landfill. The Contractor shall report said tonnage monthly to the Engineer and provide appropriate confirmation documentation from the recycling facility. All material disposal manifests shall be provided to the Engineer prior to release of final retention.
Miscellaneous:
In addition to the work outlined in Subsection 300-1 of the Standard Specifications, the following items of work are included under Clearing and Grubbing unless otherwise covered by a specific bid item.
1. Maintain dust control at all times by watering; including developing water supply and furnishing and placing all water required for work done in the contract, including water used for extra work.
2. Provide for traffic control and all signs, barricades, striping and flashers necessary to maintain proper control, per approved Traffic Control Plans (as provided by contractor)
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3. Protection and maintenance of utilities, trees. fences, walls, and other facilities within the construction zone, except those specifically directed by the Owner Representative to be removed or relocated.
4. Other items of work as directed in these Special Provisions.
5. Remove asphalt concrete paving and base material.
6. Remove PCC concrete.
300-2 UNCLASSIFIED EXCAVATION
Trenching/grading Adjacent to Existing Trees.
“The Contractor is responsible for clearing and grubbing, pruning and selectively removing tree roots that interfere with the work. The Contractor shall submit recommendations by its sub-contracting arborist to the Owner for review for safely pruning and removing tree roots. No roots shall be pruned or removed unless this submittal is returned to the Contractor as satisfactory. Prior to the submittal, the Contractor shall arrange to meet with the Owner’s Arborist, at the site to discuss Owner standards and requirements.
If required, the submittal shall adhere to the following guidelines.
1. Root Pruning
a. Whenever possible, root pruning shall only be done on one side of the tree unless specifically authorized by the Owner’s Arborist. b. Roots shall be cleanly severed using a root-pruning machine, axe or comparable tool.
2. Arbitrary Root Cut
a. A straight cut with a root-cutting machine shall be made. b. The cut shall be a maximum 14” below grade for sidewalks and 26” for curbs, and shall be made as far away from the tree base as possible.
3. Selective Root Pruning
a. This process involves selectively removing offending roots when a tree trunk or root flare is less than 3 (three) feet from the proposed hardscape or constructed improvement, and/or the size, species or condition of the tree warrants a root cut to be hazardous to the tree or when there is only one minor offending root to be removed and/or the damage is minimal (i.e., only one panel uplifted, etc.)
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b. Selective root pruning shall be performed with an ax or stump-grinding machine instead of a root-pruning machine.
c. All tree roots that are within the sidewalk construction area shall be removed or shaved down.
d. Roots greater than three inches in diameter that must be removed, must be preapproved by the Owner’s Arborist. e. Roots shall be selected for removal on the basis that will have the least impact on the health and stability for the tree.
Where it is necessary to excavate/grade adjacent to existing trees, the Contractor shall use all possible care to avoid injury to trees and tree roots. Excavation in areas where three (3) inch and larger roots occur shall be done by hand. All roots three (3) inches and larger in diameter, except directly in the path of pipe or conduit, shall be tunneled under and shall be heavily wrapped with burlap, to prevent scarring or excessive drying.
Where a ditching machine is run close to trees having roots smaller than three (3) inches in diameter, the wall of the trench adjacent to the tree shall be hand trimmed, making clean cuts through. Trenches adjacent to trees should be closed within twentyfour (24) hours; and where this is not possible, the side of the trench adjacent to the tree shall be kept shaded with burlap or canvas.
Any and all grading within 5’ of dripline of existing trees shall be performed under the supervision of the Owner.
300-2.6 Surplus Material
All surplus material including asphalt, concrete, etc. shall be disposed of in a legal manner, in compliance with the City of Yorba Linda Construction Debris Recycling Program and at the expense of the Contractor.
300-5.2 Imported Borrow
QUALITY ASSURANCE: The Soils Report shall control all aspects of this Work.
If a discrepancy occurs between this specification and the Soils Report, the Soils Report shall take presidency.
A. Professional Observation: Perform Work of this Section under the inspection and approval of the Geotechnical Engineer. Give Geotechnical Engineer not less than 48 hours advance notice of readiness for inspection.
B. Source Quality Control: Obtain approval by Geotechnical Engineer of imported fill material before material is brought to site, and same approval of excavated material for use in fills or backfills prior to placing.
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C. Requirements of Regulatory Agencies: Conform off-site excavation, backfill, and compaction to requirements of public authorities having jurisdiction. Obtain and pay for required permits and inspections.
SECTION 301- SUBGRADE PREPARATION, TREATED MATERIALS AND
PLACEMENT OF BASE MATERIALS
301-1 SUBGRADE PREPARATION
301-1.2 PREPARATION OF SUBGRADE
A. Below any and all improvements with the exception of synthetic turf.
1. All subgrade preparation shall be performed in accordance with the Geotechnical Report, See Appendix A.
B. Below any and all improvements with the exception of synthetic turf.
1. All subgrade preparation shall be performed in accordance with the Geotechnical Report, See Appendix A.
301-2 UNTREATED BASE
301-2.1 General - Crushed Aggregate Base (CAB)
A. Crushed Aggregate Base shall be placed to the lines and grades shown on the plans and in accordance with the methods of Section 301-2 of the Standard Specifications.
Prior to placement of Crushed Aggregate Base, the subgrade soils shall be processed to a minimum depth of 6-inches, moisture-conditioned, and recompacted to a minimum depth of 90 percent relative compaction.
SECTION 303 - CONCRETE AND MASONRY CONSTRUCTION
303-1 CONCRETE STRUCTURES
303-1.1 General
Concrete structures shall conform to the provisions of the Standard Specifications and herein.
Reinforcing steel shall be Grade 60 billet steel conforming to ASTM A615.
The surfaces of all concrete structures shall receive a smooth trowel finish, unless otherwise specified on plans.
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The Contractor shall furnish all labor, tools and materials to construct reinforced Portland Cement Concrete structures and appurtenant work to grades and dimensions shown on the Plans or staked in the field. The Contractor shall submit method and sequencing for placement of P.C.C. for the Owner's Representative approval at least ten (10) working days prior to commencement of work.
Unless otherwise specified, transverse construction joints shall be placed in all reinforced sections at intervals of not less than ten (10) feet or more than fifty (50) feet.
The joints shall be in the same plane for the entire structure and, for concrete thickness greater than 6-inches, shall be keyed as directed by the Owner’s Representative. 303-1.3 Forms
Forms shall be braced to withstand the pressures developed and shall be tight to prevent the loss of mortar. Formed wall surface shall be free of any unevenness greater than 1/4-inch when checked with a 10-foot straight edge.
Concrete in walls with side slopes flatter than 3/4:1 shall be placed on suitable material which has been overfilled, compacted, and trimmed to true grade. Backforms shall be used where the side slope is 3/4:1 or steeper.
A clear non-staining form release agent which will not discolor nor affect the surface texture of the concrete and does not react with any ingredients of the concrete shall be used. The cost of Furnishing and Placing Form Release agent shall be included in the cost of Portland Cement Concrete.
All form work for concrete construction (mow curbs, paving, concrete curbs, gutters, walls, etc.) shall be reviewed and approved by Owner prior to pouring of concrete. 303-1.7 Placing Reinforcement.
303-1.7.1 General
Aluminum and plastic supports for reinforcement shall not be used.
Bars shall be accurately spaced as shown on the Plans and spacing of first bar immediately adjacent to transverse construction joint shall be one-half the required spacing shown on the Plans. In no case shall the clear distance between parallel bars be less than 2-1/2 diameters of the bar, or a minimum of 2-inches. Unless otherwise shown on Plans, embedment of reinforcing steel (other than stirrups and spacers) shall be 1-1/2 inches clear depth for #8 bars or smaller, and shall be 2-inches clear for #9 bars and larger. Where placement of reinforcing steel requires alternate bars of different size embedment, requirements shall be governed by the larger bar. Stirrups and spacers shall be embedded not less than 1-inch clear depth.
Measurement of embedment shall be from the outside of the bar to the nearest concrete face. Tack welding or butt welding of reinforcing bars will not be permitted.
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303-1.7.2 Splicing
Reinforcing bars may be continuous at locations where splices are shown on the plans, at the option of the Contractor. The location of splices, except where shown on the Plans, shall be determined by the Contractor, based upon using available commercial lengths where applicable.
Splices shall consist of placing the reinforcing bars in contact and wiring them together in such a manner as to maintain the alignment of the bars and to provide minimum clearances.
No lapped splices will be permitted at locations where the concrete section is not sufficient to provide a minimum clear distance of 2-inches between the splice and the nearest adjacent bar. The clearances to the surface of the concrete shall not be reduced. Length of lapped splices shall be as noted on Contract Drawings.
Splices of tensile reinforcement at points of maximum stress shall be avoided; however, any deviation from splices shown on the Plans shall be approved by the Owner’s Representative.
303-1.8 Placing Concrete
303-1.8.1 General
The Contractor shall exercise caution in placement of concrete in walls and congested areas to ensure proper consolidation and that there are no voids, and protection of waterstops in position. Adequate provisions shall be made for visual inspection of concrete placement, consolidation and waterstop protection. Pouring of walls in lifts, use of smaller maximum aggregate sizes, or other methods as necessary may be proposed by the Contractor and will be permitted only after evaluation by the Owner Representative.
303-1.9.2 Ordinary Surface Finish
Ordinary Surface Finish shall not apply to rock pockets which, in the opinion of the Owner Representative, are of such extent or character as to affect the strength of the structure materially or to endanger the life of the steel reinforcement. In such cases, the Owner Representative may declare the concrete defective and require the removal and replacement of the structure affected.
303-1.10 Curing
Exposed concrete surfaces shall be sprayed with Type 2 curing compound at a uniform rate of one gallon per 150 square feet.
303-1.11 Payment
Portland Cement Concrete structures shall be included in the contract price and shall include full compensation for furnishing all labor, materials, tools and equipment and
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doing all work required to construct the structure in conformity with the plans and specifications.
Should the Contractor request and obtain permission to use admixtures for his own benefit, he shall furnish such admixtures and incorporate them in the concrete mixture at his expense, and no additional compensation will be allowed therefore.
Should the Owner Representative direct the Contractor to incorporate any admixtures in the concrete when their use is not required by these specifications, furnishing the admixtures and adding them to the concrete will be paid for as Extra Work a provided in Subsection 3-3, as amended by these Special Provisions. 303-5 CONCRETE CURBS, CONCRETE PAVING, CONCRETE SEATING, WALKS, GUTTERS, ACCESS RAMPS.
303-5.1 Requirements
303-5.1.1 General
6. Concrete curbs, ramps, and walks shall conform to the Standard Specifications and supplied herein in conjunction with Construction Document Plans and Details.
7. Sidewalks and curb access ramps shall be opened to pedestrian access on the day following concrete placement. In addition, all forms shall be removed, irrigation systems shall be repaired, and backfill or asphalt concrete patchback shall be placed within 72 hours following concrete placement. 303-5.2 Forms
303-5.2.1 Standard Form
1. Use flexible metal, 1" lumber or plywood forms to form radius bends.
2. Install, align and level forms, stake, and brace forms in place. Maintain following grade and alignment tolerances except where accessibility concerns would bring non-compliance if tolerances were allowed.
a. Top of Form: Maximum 1/8” in 10’0”.
b. Vertical Face: Maximum 1/8” in 10’0”.
3. The Contractor shall include all fine grading and compaction with regards to setting forms during concrete placement.
4. The Contractor shall notify Owner a minimum of 36 hours in advance of scheduled form board review. All form work for hardscape construction (mow curbs, concrete paving, curbs, gutters, walls, etc.) shall be reviewed and
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approved by Owner prior to pouring of concrete. All formwork shall be constructed utilized the projects digital base plan. Modifications in formwork necessary for alignments to be straight, true to line with well transitioned radial, curved sections shall be provided by the contractor at no additional cost to the contractor.
303-5.4 Joints
303-5.4.1 General
1. Provide expansion joints using pre-molded joint filler at concrete work abutting curbs, walks, and other fixed objects.
a. Locate joints as indicated. When not indicated, provide joints at maximum 24’-0” on center for curbs and walks. Align joints in abutting curbs and walks. Contractor shall provide a joint layout play for review and approval by the Owner prior to construction of joints.
b. Install expansion joint fillers full-width and depth of joint. Recess top edge below finish to receive sealants as indicated on the details. c. Provide joint fillers in single lengths for the full slab width, whenever possible. Fasten joint filler sections together when multiple lengths are required.
d. Where intersecting joints occur join top edge and continue any spliced joints without deviation of form line or direction.
e. Protect the top edge of the joint filler during concrete placement. f. Control joints shall be provided to a depth equal to 1/3 the thickness of the concrete pour.
303-5.5 Finishing
303-5.5.4 Gutter
The Contractor shall hold the flow line tolerances to within 0.01 feet of those elevations shown on the plan.
NOTICE TO CONTRACTOR
CAUTION: THE ENGINEER PREPARING THESE PLANS WILL NOT BE RESPONSIBLE FOR, OR LIABLE FOR, UNAUTHORIZEDCHANGES TO, OR USES OF THESE PLANS. ALL CHANGES TO THE PLANS MUST BE IN WRITING, AND MUST BE APPROVED BY THE PREPARER OF THESE PLANS.
ALL CONTRACTORS AND SUBCONTRACTORS PERFORMING WORK SHOWN ON THESE PLANS AGREE THAT, INACCORDANCE WITH GENERALLY ACCEPTED CONSTRUCTION PRACTICES, THEY WILL BE REQUIRED TO ASSUME SOLE AND COMPLETE RESPONSIBILITY FOR JOB SITE CONDITIONS DURING THE COURSE OF CONSTRUCTION OF THE PROJECT. THIS
INCLUDES PROVIDING FOR THE SAFETY OF ALL PERSONS AND PROPERTY AND SHALL APPLY CONTINUOUSLY AND NOT BE LIMITED TO NORMAL WORKING HOURS. THE CONTRACTORS AND SUBCONTRACTORS FURTHER AGREE TO DEFEND,
INDEMNIFY AND HOLD HARMLESS THE OWNER AND DESIGN PROFESSIONAL FROM ANY AND ALL LIABILITY, REAL OR
ALLEGED, IN CONNECTION WITH THE PERFORMANCE OF WORK ON THIS PROJECT, EXCEPT FOR LIABILITY ARISING FROM THE SOLE NEGLIGENCE OF THE OWNER OR THE DESIGN PROFESSIONAL. 31591 Camino CapistranoSan Juan Capistrano, CA 92675
www.RJMdesigngroup.com
[949] 493-2690 fax
[949] 493-2600 phone
101.136.B (civTEC)
TEC
9/12/2022
STAFFTEC
CIVIL
ENGINEERING
CONSULTING
999 CORPORATE DR.
SUITE 100
LADERA RANCH, CA 92694
p: 949.463.8822
e: [email protected]
THOMAS E. CARCELLI, R.C.E. #81640
PLANS PREPARED BY:
9 9/12/2022
9/12/2022
R.
A 92694
THOMASE. CARCELLI, R.C.E.
9/
ADVENTURE PLAYGROUND
ACCESSIBILITY PATH OF TRAVEL PROJECT
CITY OF YORBA LINDA, CALIFORNIA
©
TITLE SHEETPRECISE GRADE PLANEROSION & SEDIMENT CONTROL PLANSHEET
SHEET INDEX
NUMBER
C-0.01D-1.01C-1.01 TO C-1.03
HORIZONTAL CONTROL PLAN
C-3.01
CONSTRUCTION NOTES/ESTIMATE OF QUANTITIES
WV
L.P.
LEGEND
TELEPHONETOP OF WALLWATER VALVEWATER METERSANITARY SEWERTOP OF CURBTOP OF FOOTINGTOP OF GRATE
VALVESTREET LIGHT
W WATER
W.M.
W.V.
T.F.
T.W.
S
T.G.
T.C.
TEL.
CHAIN LINK FENCECENTERLINEHIGH POINTROOF DRAINPOWER POLEGRADE BREAKRIGHT OF WAYFIRE HYDRANTFINISHED SURFACEFINISHED FLOOREDGE OF PAVEMENTCATCH BASINSTORM DRAINCURB & GUTTER
EXISTING SPOT ELEVATIONFLOWLINEGRADE BREAK LINEEXISTING UTILITY LINE(TYPE AND SIZE AS NOTED) P.P.
R.O.W.
R.D.
ST.
IRR. OR IRRIG.
M.H.
STREETIRRIGATIONLOW POINTMANHOLE
G.B.
H.P.
H.C.
INV.
F.S.
F.H.
F.L.
HANDICAPINVERTFLOWLINE
EXISTING CONTOURDEMOLITION LIMITSPROPERTY LINE
DWY.
ELEC.
E.P.
F.F.
CONC.
C.O.
SD
DRIVEWAYELECTRICCONCRETECLEANOUT
C.B.
C&G
C.L.F.
C.L.
BLDG. BUILDING
PROPOSED SLOPE
T.D. TOP OF DECK
P.O.C. POINT OF CONNECTION
DECOMPOSED GRANITE
P/A PLANTER AREA
D.G.
D.F. DRINKING FOUNTAIN
W.I.F. WROUGHT IRON FENCE
T.O.S. TOP OF SUBGRADE
B.O.C. BACK OF CURB
DETAIL SHEET C-0.02 TO C-0.03
C-4.01
OWNER
CITY OF YORBA LINDA
PARKS AND RECREATION DEPT.
4845 CASA LOMA AVE.YORBA LINDA, CA 92886
CONTACT: JEFF RUTH
SOIL ENGINEERSOUTHERN CALIFORNIA GEOTECHNICAL, INC.22885 SAVI RANCH PARKWAY, SUITE EYORBA LINDA, CA 92887 CONTACT: GREGORY MITCHELL
PH: 714-685-1115
LANDSCAPE ARCHITECT
RJM DESIGN GROUP, INC.
31591 CAMINO CAPISTRANO
SAN JUAN CAPISTRANO, CA 92675
CONTACT: ERIC CHASTAIN
PH: 714-493-2600
HURLESS BARTON PARK, 4579 CASA LOMA AVE.
FOR
COUNTY OF ORANGE
ADVENTURE PLAYGROUND - ACCESSIBLE PATH OF TRAVEL PROJECT
SITE IMPROVEMENT PLANS
STATE OF CALIFORNIA
YORBA LINDA, CA
YORBA LINDA PARKS AND RECREATION DEPARTMENT
C-0.01
TITLE
SHEET
DEMOLITION PLAN
NO. DESCRIPTION QUANTITY
SEE SHEET D-1.01 FOR DEMOLITION NOTES
NOTICE TO CONTRACTOR:
THE ESTIMATES OF IMPROVEMENT AND GRADING QUANTITIES AS SHOWN HEREON ARE PROVIDED FOR SATISFYING PLAN CHECK INFORMATION REQUIREMENTS ONLY. THE CONTRACTOR SHALL PERFORM AN INDEPENDENT ESTIMATE OF
ALL IMPROVEMENT QUANTITIES, INCLUDING GRADING QUANTITIES, AND SHALL USE SAME AS A BASIS FOR THEIR BID(S) AND CONTRACT(S).
FIRE HYDRANT
1 UTILITY PROVIDERS
SERVICE NAME PH: NUMBER
WATER YORBA LINDA WATER DISTRICT 714-701-3000
SEWER YORBA LINDA WATER DISTRICT 714-701-3000
ELECT. SOUTHERN CALIFORNIA EDISON 1-800-655-4555
GAS SOUTHERN CALIFORNIA GAS CO. 1-800-427-2200
CITY OF YORBA LINDA PUBLIC WORKS DEPARTMENT
GENERAL NOTES
1. ALL WORK SHALL CONFORM TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION; ORANGE COUNTY PUBLIC WORKS DEPARTMENT (OCPWD) STANDARD PLANS; AND THE STANDARD SPECIFICATIONS OF THECITY OF YORBA LINDA, LATEST EDITIONS.
2. ALL EXISTING IMPROVEMENTS INCLUDING CURB AND GUTTERS, SIDEWALKS, ASPHALT CONCRETE OR P.C.C. PAVING,
WHICH ARE BEING JOINED OR MATCHED IN CONNECTION WITH THIS PROJECT, SHALL BE JOINED OR MATCHED IN AMANNER SATISFACTORY TO THE CITY ENGINEER, INCLUDING NECESSARY SAWCUTTING, REMOVAL, REPLACEMENT AND CAPPING.
3. ANY EXISTING TRAVEL WAYS IN WHICH EXCAVATION IS MADE SHALL BE IN CONFORMANCE WITH THE “CALIFORNIA MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES” AND “1996 TRAFFIC MANUAL” IN ORDER TO ELIMINATE ANY HAZARDS. STREETS SHALL BE SURFACED WITH A MINIMUM OF 4” OF ASPHALT OR STEEL PLATED AS APPROVED BY THE CITY ENGINEER AT THE END OF EACH WORKING DAY.
4. THE CONTRACTOR SHALL OBTAIN ALL NECESSARY PERMITS AND SHALL NOTIFY THE CITY ENGINEER (714) 961-7170 48 HOURS PRIOR TO STARTING EACH PHASE OF CONSTRUCTION AND PRIOR TO REQUIRING INSPECTION.
5. NOT USED.
6. THE CONTRACTOR SHALL DETERMINE THE LINE LOCATION OF ANY UNDERGROUND UTILITY PRIOR TO LAYING ANY LINES, WHICH ARE TO CONNECT TO EXISTING SEWERS OR STORM DRAINS. THESE LINES SHALL BE EXPOSED AND JOINT ELEVATIONS VERIFIED. ANY CHANGE IN GRADE OR DEVIATION FROM THE PLANS MUST BE ACCEPTED BY THE CITY ENGINEER.
7. NOT USED.
8. STAKES FOR CURB CONSTRUCTION ARE TO BE OFFSET FROM FACE OF CURBS.
9. THE ENGINEER SHALL FURNISH GRADE/CUT SHEETS TO THE CITY INSPECTOR FOR CONSTRUCTION OF IMPROVEMENTS.
10. ADVERTISING SIGNS WILL NOT BE PERMITTED WITHIN STREET RIGHT-OF-WAY.11. NOT USED.12. NOT USED.13. STRUCTURAL SECTION OF PAVEMENT SHALL BE DETERMINED BY A GEOTECHNICAL ENGINEER AND ACCEPTED BY THE CITY ENGINEER.
14. INTERIM STRUCTURAL SECTION OF PAVEMENT THAT ARE CONSTRUCTED WITHOUT THE FINAL COURSE SHALL BE SIZED FOR THE ANTICIPATED VEHICULAR LOADS AND DURATION.
15. NOT USED.16. ALL EXISTING PAVEMENT WITHIN THIS PROJECT SHALL EITHER BE REMOVED OR STRUCTURALLY TESTED TO VERIFY THE STRUCTURAL CAPABILITIES AND THE RESULTS SHALL BE ACCEPTED BY THE CITY ENGINEER.
17. COMPACTION TESTING SHALL BE PERFORMED BY A GEOTECHNICAL ENGINEER AND ACCEPTED BY THE CITY ENGINEER.
18. NOT USED.19. SEWER/STORM DRAIN MAINS AND LATERALS SHALL BE CONSTRUCTED, BACKFILL COMPACTED AND TESTED PRIOR TO CONSTRUCTION OF THE CURB AND GUTTER.
20. NOT USED.21. NOT USED.22. NOT USED.23. TRAFFIC CONTROL AND SAFETY DEVICES SHALL BE PLACED AND MAINTAINED PER THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION, CALIFORNIA MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES FOR USE INPERFORMANCE OF WORK UPON ROADWAYS AND TO THE SATISFACTION OF THE CITY ENGINEER.
24. PRIVATE ENGINEER’S NOTICE: PRIOR TO CONSTRUCTION, SEWER AND WATER CONTRACTORS SHALL ASCERTAIN THE CORRECTNESS OF WATER SERVICES AND SEWER LATERAL LOCATIONS WITH THE DEVELOPER. ANY DEVIATION FROM
LOCATIONS SHOWN ON THESE PLANS SHALL BE REPORTED TO THE ENGINEER FOR ADJUSTMENT PRIOR TO CALLING FOR ANY CONSTRUCTION STAKING REQUIRED. THE FINAL OR SURFACE LAYER OF ASPHALT CONCRETE SHALL NOT BE PLACED UNTIL ALL ON-SITE IMPROVEMENTS ARE COMPLETE, INCLUDING ALL GRADING AND UNTIL ALLUNACCEPTABLE CONCRETE WORK IS REMOVED AND REPLACED UNLESS ACCEPTED OTHERWISE BY THE ENGINEER,PER OCPW STD. 1805.
25. NOT USED.26. ALL CATCH BASIN SIGNAGE SHALL BE PER CASQA BMP HANDBOOK SD-13.27. CONTRACTOR IS RESPONSIBLE FOR SURVEY TIES AND RESTORING ALL DESTROYED SURVEY MONUMENTS TO THE SATISFACTION OF THE CITY ENGINEER AND FILED WITH THE COUNTY SURVEY DEPARTMENT.
28. CONTRACTOR IS RESPONSIBLE FOR NOTIFYING THE ENGINEER OF ANY DEVIATIONS FROM THE PLAN AND SHALL BE AS-BUILT BY THE ENGINEER.
NOTICE TO CONTRACTOR
CONTRACTOR SHALL VERIFY ALL CONDITIONS AND DIMENSIONS AND SHALL REPORT ALL DISCREPANCIES TO THE ENGINEER PRIOR TO THE COMMENCEMENT OF WORK.PRIOR TO CONSTRUCTION OF ANY CONCRETE STRUCTURE, THE CONTRACTOR SHALL VERIFY WITH THE GEOTECHNICALENGINEER, THE TYPE OF CONCRETE RECOMMENDED.EXISTENCE AND LOCATIONS OF ANY UNDERGROUND UTILITY FACILITIES SHOWN ON THIS PLAN ARE OBTAINED BY A SEARCH OF THE AVAILABLE RECORDS. ACCEPTANCE OF THIS PLAN BY THE CITY OF YORBA LINDA DOES NOT CONSTITUTEA REPRESENTATION AS TO THE ACCURACY OR COMPLETENESS OF THE LOCATION OR EXISTENCE OR NON-EXISTENCE OFANY UNDERGROUND UTILITY FACILITIES WITHIN THE LIMITS OF THIS PROJECT. THE CONTRACTOR IS REQUIRED TO TAKE ALL DUE PRECAUTIONARY MEANS TO PROTECT THE UTILITY FACILITIES NOT OF RECORD OR NOT SHOWN ON THESE PLANS. IT SHALL BE THE CONTRACTORS RESPONSIBILITY TO NOTIFY THE OWNERS OF THE UTILITY FACILITIES CONCERNED BEFORESTARTING WORK. CONTRACTOR FURTHER ASSUMES ALL LIABILITY AND RESPONSIBILITY FOR THE UNDERGROUND UTILITY FACILITIES SHOWN OR NOT SHOWN ON THESE PLANS.
CITY OF YORBA LINDA ENGINEERING DEPARTMENT
GRADING NOTES
1. ALL WORK SHALL BE IN ACCORDANCE WITH THE CITY OF YORBA LINDA GRADING ORDINANCE, ORANGE COUNTY GRADING MANUAL, THE CITY ENGINEER, AND ANY SPECIAL REQUIREMENTS OF THE PERMIT.
2. NO GRADING SHALL START WITHOUT FIRST NOTIFYING THE CITY ENGINEER 48 HOURS PRIOR TO COMMENCEMENT OF WORK.
3. PRIOR TO ANY LAND DISTURBANCE, CLEARING, GRUBBING, OR DEMOLITION, APPROVAL MUST BE OBTAINED FROM THE CITY BUILDING OFFICIAL.
4. THE PERMITTEE OR DESIGNEE SHALL NOTIFY THE CITY ENGINEER WHEN THE GRADING OPERATION IS READY FOR EACH OF THE FOLLOWING INSPECTIONS.
A. INITIAL INSPECTION. WHEN THE PERMITTEE IS READY TO BEGIN WORK, BUT NOT LESS THAN 48 HOURS BEFORE ANY GRADING OR LAND DISTURBANCE IS STARTED.
B. TOE INSPECTION. AFTER THE NATURAL GROUND IS EXPOSED AND PREPARED TO RECEIVE FILL BUT BEFORE FILL IS PLACED.
C. EXCAVATION INSPECTION. AFTER THE EXCAVATION IS STARTED BUT BEFORE THE VERTICAL DEPTH OF THE EXCAVATION EXCEEDS 10 FEET.
D. FILL INSPECTION. AFTER THE FILL PLACEMENT IS STARTED BUT BEFORE THE VERTICAL HEIGHT OF THE FILL EXCEEDS 10 FEET.
E. DRAINAGE DEVICE INSPECTION. AFTER FORMING OF TERRACE DRAINS, DOWNDRAINS OR AFTER PLACEMENT OF PIPE IN SUBDRAINS BUT BEFORE ANY CONCRETE OR FILTER MATERIAL IS PLACED.
F. ROUGH GRADING. WHEN ROUGH GRADING IS COMPLETE, THIS INSPECTION MAY BE CALLED FOR AT THE
COMPLETION OF ROUGH GRADING WITHOUT THE NECESSITY OF THE CITY ENGINEER HAVING PREVIOUSLY REVIEWED AND ACCEPTED THE REPORTS.
G. FINAL. WHEN ALL WORK, INCLUDING INSTALLATION OF ALL DRAINAGE STRUCTURES AND OTHER PROTECTIVE
DEVICES IS COMPLETE AND THE AS-GRADED PLAN, PROFESSIONAL CERTIFICATIONS AND THE REQUIRED REPORTS ARE SUBMITTED.
5. CUT OR FILL SLOPES SHALL BE NO STEEPER THAN 2 HORIZONTAL TO 1 VERTICAL AND SHALL HAVE NOT LESS THAN 90% COMPACTION OUT TO THE FINISHED SURFACE. FILL SHALL BE COMPACTED THROUGHOUT TO A MINIMUM RELATIVECOMPACTION OF 90%. TESTING SHALL BE IN ACCORDANCE WITH ASTM TEST METHODS D1556, D1557, D2937, D2922 AND D3017.
6. AREAS TO RECEIVE FILL SHALL BE PROPERLY PREPARED AND ACCEPTED BY THE CITY INSPECTOR AND APPROVED BY THE GEOTECHNICAL ENGINEER PRIOR TO THE PLACEMENT OF FILL.
7. FILL SHALL BE BENCHED INTO COMPETENT MATERIAL AS PER DETAIL ON PLAN.
8. ALL EXISTING FILL SHALL BE ACCEPTED BY THE CITY ENGINEER OR REMOVED BEFORE ANY ADDITIONAL FILLS ARE ADDED.
9. FILL AREAS SHALL BE CLEARED OF ALL VEGETATION AND DEBRIS, SCARIFIED TO DEPTH AS DETERMINED BY THE
GEOTECHNICAL ENGINEER AND INSPECTED BY THE CITY INSPECTOR AND GEOTECHNICAL ENGINEER PRIOR TO THE PLACEMENT OF FILL.
10. ANY EXISTING IRRIGATION LINES AND CISTERNS SHALL BE REMOVED OR CRUSHED IN PLACE AND BACKFILLED, AND ACCEPTED BY THE CITY ENGINEER AND GEOTECHNICAL ENGINEER.
11. ALL SLOPES IN EXCESS OF FIVE (5) FEET IN HEIGHT (MEASURED VERTICALLY) SHALL BE PLANTED AND IRRIGATED TO THE SATISFACTION OF THE CITY ENGINEER. THIS WORK SHALL COMMENCE IMMEDIATELY AFTER ROUGH GRADE APPROVAL OR ATA TIME DIRECTED BY THE CITY ENGINEER.
12. THE STOCKPILING OF EXCESS MATERIAL SHALL BE ACCEPTED BY THE CITY ENGINEER PRIOR TO EXCAVATION.13. DESIGN ENGINEER, AFTER ROUGH GRADE COMPLETION, SHALL CERTIFY THAT PAD ELEVATIONS ARE AS PER THE ACCEPTED GRADING PLAN OR ACCEPTED REVISED GRADING PLAN, IF CHANGES TO OBTAIN DIRT BALANCE ARE MADE DURINGGRADING OPERATION.
14. DESIGN ENGINEER, AFTER FINAL GRADE COMPLETION, SHALL CERTIFY THAT PRECISE GRADE ELEVATIONS ARE PER THE ACCEPTED GRADING PLAN OR ACCEPTED REVISED GRADING PLAN.
15. ALL TRENCH BACKFILLS SHALL BE TESTED AND CERTIFIED BY THE SITE GEOTECHNICAL ENGINEER PER THE GRADING CODE.16. THE ENGINEERING GEOLOGIST AND GEOTECHNICAL ENGINEER SHALL, AFTER CLEARING AND PRIOR TO THE PLACEMENT OF
FILL IN CANYONS, INSPECT EACH CANYON FOR AREAS OF ADVERSE STABILITY AND TO DETERMINE THE PRESENCE OR ABSENCE OF SUB-SURFACE WATER OR SPRING FLOW. IF NEEDED, DRAINS WILL BE DESIGNED AND CONSTRUCTED PRIOR TO THE PLACEMENT OF FILL IN EACH RESPECTIVE CANYON.
17. SUBDRAIN OUTLETS SHALL BE COMPLETED AT THE BEGINNING OF THE SUBDRAIN CONSTRUCTION.18. THE EXACT LOCATION OF THE SUBDRAINS SHALL BE SURVEYED IN THE FIELD FOR LINE AND GRADE.19. ALL CUT SLOPES SHALL BE INVESTIGATED BOTH DURING AND AFTER GRADING BY AN ENGINEERING GEOLOGIST TO DETERMINE IF ANY SLOPE STABILITY PROBLEM EXISTS. SHOULD EXCAVATION DISCLOSE ANY GEOLOGICAL HAZARDS ORPOTENTIAL GEOLOGICAL HAZARDS, THE ENGINEERING GEOLOGIST SHALL RECOMMEND NECESSARY TREATMENT TO THE CITYENGINEER FOR ACCEPTANCE.
20. WHERE SUPPORT OR BUTTRESSING OF CUT AND NATURAL SLOPES IS DETERMINED TO BE NECESSARY BY THE ENGINEERING
GEOLOGIST AND GEOTECHNICAL ENGINEER, THE GEOTECHNICAL ENGINEER WILL SUBMIT DESIGN LOCATION AND CALCULATIONS TO THE CITY ENGINEER PRIOR TO THE CONSTRUCTION. THE ENGINEERING GEOLOGIST AND GEOTECHNICAL ENGINEER WILL INSPECT THE STABILITY OF THE SLOPE AND ADJACENT STRUCTURES UPON COMPLETION.
21. WHEN CUT PADS ARE BROUGHT TO NEAR GRADE THE ENGINEERING GEOLOGIST SHALL DETERMINE IF THE BEDROCK IS EXTENSIVELY FRACTURES OR FAULTED AND WILL READILY TRANSMIT WATER. IF CONSIDERED NECESSARY BY THEENGINEERING GEOLOGIST AND GEOTECHNICAL ENGINEER, A COMPACTED FILL BLANKET SHALL BE PLACED.
22. THE ENGINEERING GEOLOGIST SHALL PERFORM PERIODIC INSPECTIONS AND SUBMIT A COMPLETE REPORT AND MAP UPON COMPLETION OF THE ROUGH GRADING.
23. THE FINAL COMPACTION REPORT AND CERTIFICATION FROM THE GEOTECHNICAL ENGINEER SHALL IDENTIFY THE TYPE OF FIELD TESTING PERFORMED. EACH TEST SHALL BE IDENTIFIED WITH THE METHOD OF OBTAINING THE IN-PLACE DENSITY, WHETHER SAND CONE, DRIVE RING, OR NUCLEAR GAUGE. IF A NUCLEAR GAUGE IS USED AT LEAST ONE SAND CONE OR DRIVE RING TEST SHALL BE TAKEN PER 10 NUCLEAR GAUGE TESTS TO CONFIRM THE CALIBRATION OF THE GAUGE USED AND SHALL BE SO NOTED FOR EACH TEST. SUFFICIENT MAXIMUM DENSITY DETERMINATIONS SHALL BE PERFORMED TO VERIFY THEACCURACY OF THE MAXIMUM DENSITY CURVES USED BY THE FIELD TECHNICIAN.
24. THE GEOTECHNICAL ENGINEER AND ENGINEERING GEOLOGIST SHALL PERFORM SUFFICIENT TESTS AND INSPECTIONS AND BE
AVAILABLE DURING GRADING AND CONSTRUCTION TO VERIFY COMPLIANCE WITH THE PLANS, SPECIFICATIONS, AND CODE WITHIN THEIR PURVIEW.
25. THE GRADING CONTRACTOR SHALL BE RESPONSIBLE FOR THE QUALITY OF HIS WORK AND SHALL SUBMIT A STATEMENT OF COMPLIANCE WITH THE ACCEPTED GRADING PLANS PRIOR TO FINAL APPROVAL.
26. DUST SHALL BE CONTROLLED BY WATERING. SUFFICIENT WATER OR MATERIAL SHALL BE APPLIED TO ALL CONSTRUCTION ACCESS ROADS.
27. SANITARY FACILITIES SHALL BE MAINTAINED ON THE SITE WITH SECOND CONTAINMENT AND PLACED ON LEVEL GROUND.
SECOND CONTAINMENTS SHALL BE DRAINED AFTER STORM EVENTS.
28. THE LOCATION AND PROTECTION OF ALL UTILITIES IS THE RESPONSIBILITY OF THE PERMITTEE.29. ACCEPTED PROTECTIVE MEASURES AND TEMPORARY DRAINAGE PROVISIONS MUST BE USED TO PROTECT ADJOINING PROPERTIES DURING THE GRADING PROJECT.
30. ALL CONCRETE AND GUNITE SHALL BE TREATED WITH A MOISTURE LOSS RETARDANT FOR CURING.31. ANY WATER WELLS SHALL BE ABANDONED IN COMPLIANCE WITH THE SPECIFICATIONS ACCEPTED BY THE CITY BUILDING OFFICIAL.
32. ANY OIL WELLS SHALL BE ABANDONED IN COMPLIANCE WITH THE ORANGE COUNTY OIL CODE AND ACCEPTED BY THE CITY BUILDING OFFICIAL.
33. ANY EXISTING CESSPOOLS AND SEPTIC TANKS SHALL BE ABANDONED IN COMPLIANCE WITH THE UNIFORM PLUMBING CODE AND ACCEPTED BY THE CITY BUILDING OFFICIAL.
34. PRIOR TO FINAL ACCEPTANCE, THE DESIGN CIVIL ENGINEER SHALL CERTIFY TO THE CITY ENGINEER THE NUMBER OF YARDS OF CUT, FILL AND IMPORT MOVED DURING THE GRADING OPERATION.
35. THE PERMITTEE SHALL COMPLY WITH THE GRADING CODE REQUIREMENTS FOR ENGINEERED GRADING WHEN AN EXCESS OF 5,000 CUBIC YARDS OF EARTH IS MOVED ON PUBLIC ROADWAYS FROM THE SITE OF EARTH GRADING OPERATION.
36. ALL PUBLIC ROADWAYS MUST BE CLEANED DAILY OF ALL DIRT, MUD AND DEBRIS DEPOSITED ON THEM TO THE SATISFACTION OF THE CITY ENGINEER.
37. ALL CONSTRUCTION VEHICLES OR EQUIPMENT, FIXED OR MOBILE, OPERATED WITHIN 1,000 FEET OF A DWELLING SHALL BE EQUIPPED WITH PROPERLY OPERATING AND MAINTAINED MUFFLERS.
38. ALL OPERATIONS SHALL COMPLY WITH THE CITY MUNICIPAL CODE AND ORANGE COUNTY CODIFIED ORDINANCES, DIVISION 6 (NOISE CONTROL).
39. STOCKPILING AND/OR VEHICLE STAGING AREAS SHALL BE LOCATED AS FAR AS PRACTICABLE FROM DWELLINGS AND WITHIN THE LIMITS OF THE PROJECT BOUNDARY.
40. GRADING OPERATIONS INCLUDING MAINTENANCE OF EQUIPMENT WITHIN 1 1/2 MILES OF HUMAN OCCUPANCY SHALL NOT BE CONDUCTED BETWEEN THE HOURS OF 7 P.M.-7 A.M. DAILY, OR ON A SUNDAY OR ON A FEDERAL HOLIDAY.
BASIS OF BEARINGS
THE BEARINGS SHOWN HEREON ARE BASED ON THE CENTERLINE OF CASA LOMA AVE. AS SHOWN ON TRACT NO. 8246, M.M. 336/42-43, BEING N 00°07'20" W, PER RECORDS ON FILE IN THE OFFICE OF THE ORANGE COUNTY SURVEYOR.
BENCHMARK
COUNTY OF ORANGE BENCHMARK DESIGNATION: 2A-50-89
DESCRIBED BY OCS 2003 - FOUND 3 3\4" OCS ALUMINUM BENCHMARK DISK STAMPED "2A-50-89", SET IN THE SOUTHEASTERLY CORNER OF A 4 FT. BY 15 FT.
CONCRETE CATCH BASIN. MONUMENT IS LOCATED IN THE NORTHWESTERLYCORNER OF THE INTERSECTION OF VALLEY VIEW AVENUE AND IMPERIAL HIGHWAY, 55 FT. NORTHERLY OF THE CENTERLINE OF IMPERIAL HIGHWAY AND 98FT. WESTERLY OF THE CENTERLINE OF VALLEY VIEW AVENUE. MONUMENT IS SETLEVEL WITH THE SIDEWALK.ELEVATION = 378.294' [NAVD88, LEVELED IN 2006] 3 EA
-
T.H.W. TOP OF HEADWALL
GENERAL CONSTRUCTION NOTES
435216
789
82 LF
B.O.W. BACK OF WALK
EXISTING SLOPE (GRADE)
3.2% PROPOSED SLOPE (GRADE)
APPLICABLE CODES
x 2019 CALIFORNIA BUILDING CODEx 2010 ADA STANDARDS FOR ACCESSIBLE DESIGN PROTECT IN PLACECONSTRUCT CONCRETE SIDEWALK PER DETAIL 1, SHEET C-0.02CONSTRUCT CURB RAMP PER SPPWC STD. PLAN 111-5, CASE B, TYPE 1 - SEE DETAIL ON SHEET C-0.03CONSTRUCT DEEPLIFT A.C. PAVEMENT PER DETAIL 4, SHEET C-0.02REINSTALL EXISTING BENCHPROVIDE EXPANSION JOINT OR COLD JOINT PER DETAIL 2, SHEET C-0.02PROVIDE CONTROL JOINT PER DETAIL 2, SHEET C-0.02CONSTRUCT CONCRETE CURB & GUTTER PER SPPWC STD. PLAN 120-3, TYPE A2-6, W = 18", MODIFY GUTTER SLOPE PER DETAIL 3, SHEET C-0.02
GRIND, REMOVE, & REPAIR EXISTING GAP IN SIDEWALK TO MAX. WIDTH OF 0.04' (1/2-INCH) WITH ARDEXOR EQUIVALENT 3 EA
LSLS
82 LF
3 EA
6,250 SF
10 PROVIDE ACCESSIBLE ROUTE SIGNAGE PER DETAIL 5, SHEET C-0.02 1 EA YL-0073334 - 4701 Casa Loma
11/30/2022 Stamp for Chad Frisby, VCA CODE.
YL-0073334 - 4701 Casa Loma
31591 Camino Capistrano
San Juan Capistrano, CA 92675
www.RJMdesigngroup.com
[949] 493-2690 fax[949] 493-2600 phone
101.136.B (civTEC)
TEC
9/12/2022
STAFFTEC
CIVIL
ENGINEERING
CONSULTING
999 CORPORATE DR.
SUITE 100
LADERA RANCH, CA 92694
p: 949.463.8822
e: [email protected]
THOMAS E. CARCELLI, R.C.E. #81640
PLANS PREPARED BY:
9 9/12/2022
9/12/2022
R.
A 92694
THOMASE. CARCELLI, R.C.E.
9/
ADVENTURE PLAYGROUND
ACCESSIBILITY PATH OF TRAVEL PROJECT
CITY OF YORBA LINDA, CALIFORNIA
©
2 C-0.02DETAIL
SHEET
4 FULL DEPTH DEEP-LIFT A.C. PAVING
SAWCUT AT
18-INCH MIN.
WIDTH
OR PER PLAN
EXISTING A.C. PAVING
SAWCUT
EXISTING A.C. EXIST. A.B.
FULL DEPTH
AC PAVEMENT
(C2-PG 64-10)
12" MIN. DEPTH
PROPOSED
CURB OR CURB
& GUTTER OR
V-GUTTER
SLOPE TO
DRAIN
1% MIN.
CONCRETE SIDEWALK
2 CONCRETE SIDEWALK JOINTS 1
SCALE:
N.T.S.
SCALE:
N.T.S.
SCALE:
N.T.S.
SCALE: 3 CURB & GUTTER - MODIFIED N.T.S.
18-INCH WIDTH
GUTTER
EXISTING A.C. PAVING
EXIST. A.B.
FULL DEPTH
AC PAVEMENT
(C2-PG 64-10)
PROPOSED
CURB OR CURB
RAMP OPENING
SLOPE TO
DRAIN
1% MIN.
0.03'
MAX.
SLOPE TO DRAIN 2% MAX.
NO RADIUS
AND NO LIP
[FLUSH]
OPTION 2
OPTION 1
12" MIN.
18" MIN.
5 ACCESSIBLE ACCESS SIGN
NOTES:
x PER C.B.C. SECTION 11B-216.3 AND 11B-703.5x PROVIDE FABRICATED ALUMINUM PANEL(S) WITH SILK SCREEN GRAPHICS SIGN EACH WITH (2) BOLTS &
WASHERS AND MOUNTING CHANNEL.
5'-0" MIN. CLEARANCE
REQUIRED TO BOTTOM OF
SIGNAGE WHEN LOCATED
OUTSIDE OF CIRCULATION PATH "TELESPAR" OR EQUAL SIGN POST PER OC PUBLIC WORKS STD. PLAN 1417 YL-0073334 - 4701 Casa Loma
11/30/2022 Stamp for Chad Frisby, VCA CODE.
1
31591 Camino Capistrano
San Juan Capistrano, CA 92675
www.RJMdesigngroup.com
[949] 493-2690 fax[949] 493-2600 phone
101.136.B (civTEC)
TEC
9/12/2022
STAFFTEC
CIVIL
ENGINEERING
CONSULTING
999 CORPORATE DR.
SUITE 100
LADERA RANCH, CA 92694
p: 949.463.8822
e: [email protected]
THOMAS E. CARCELLI, R.C.E. #81640
PLANS PREPARED BY:
9 9/12/2022
9/12/2022
R.
A 92694
THOMASE. CARCELLI, R.C.E.
9/
ADVENTURE PLAYGROUND
ACCESSIBILITY PATH OF TRAVEL PROJECT
CITY OF YORBA LINDA, CALIFORNIA
©
3 C-0.03DETAIL
SHEET
1 S.P.P.W.C. CURB RAMP DETAIL STD. PLAN 111-5 SCALE: N.T.S.
YL-0073334 - 4701 Casa Loma
Detectable warning surfaces shall be yellow and approximate FS 33538 of SAE AMS-STD-595A. (CBC 11B-705.1.1.3.1) 11/30/2022 Stamp for Chad Frisby, VCA CODE.
X
X X
X
X
X
X
X
X
X
X
X
X
X
X
31591 Camino CapistranoSan Juan Capistrano, CA 92675
www.RJMdesigngroup.com
[949] 493-2690 fax[949] 493-2600 phone
101.136.B (civTEC)
TEC
9/12/2022
STAFFTEC
CIVIL
ENGINEERING
CONSULTING
999 CORPORATE DR.
SUITE 100
LADERA RANCH, CA 92694
p: 949.463.8822
e: [email protected]
THOMAS E. CARCELLI, R.C.E. #81640
PLANS PREPARED BY:
9 9/12/2022
9/12/2022
R.
A 92694
THOMASE. CARCELLI, R.C.E.
9/
ADVENTURE PLAYGROUND
ACCESSIBILITY PATH OF TRAVEL PROJECT
CITY OF YORBA LINDA, CALIFORNIA
©
DEMOLITION NOTES
1 LEGEND
CONTRACTOR'S RESPONSIBILITY
1. THE EXISTENCE AND LOCATION OF ANY UNDERGROUND UTILITIES AND/OR STRUCTURES SHOWN ON THESE PLANS WERE OBTAINED BY A SEARCH OF THEAVAILABLE RECORDS. APPROVAL OF THESE PLANS BY THE CITY DOES NOT
CONSTITUTE A REPRESENTATION AS TO THE ACCURACY OR COMPLETENESS OF THE
LOCATION OR THE EXISTENCE OR NONEXISTENCE OF ANY UTILITY AND/OR STRUCTURE WITHIN THE LIMITS OF THIS PROJECT. THE CONTRACTOR IS REQUIRED TO
TAKE ALL DUE PRECAUTIONARY MEANS TO PROTECT THE UTILITIES OF RECORD OR NOT OF RECORD OR NOT SHOWN ON THESE PLANS.
2. RELOCATION OR REMOVAL OF ANY EXISTING UTILITIES SHALL BE PERFORMED BY THE RESPECTIVE UTILITY OWNERS, AT THE EXPENSE OF THE CONTRACTOR.
3. UNAUTHORIZED CHANGES & USES: THE ENGINEER PREPARING THESE PLANS WILL
NOT BE RESPONSIBLE FOR, OR LIABLE FOR, UNAUTHORIZED CHANGES TO OR USES OF THESE PLANS. ALL CHANGES TO THE PLANS MUST BE IN WRITING AND MUST BE APPROVED BY THE PREPARER OF THESE PLANS AND THE CITY.
THE CONTRACTOR IS REQUIRED TO TAKE DUE PRECAUTIONARY MEASURES TO PROTECTTHE UTILITY LINES SHOWN ON THESE DRAWINGS. THE CONTRACTOR FURTHER ASSUMES ALL LIABILITY AND RESPONSIBILITY FOR THE UTILITY PIPES, CONDUITS OR STRUCTURESSHOWN OR NOT SHOWN ON THESE DRAWINGS.
THE CONTRACTOR AGREES THAT HE SHALL ASSUME SOLE AND COMPLETE RESPONSIBILITY
FOR JOB SITE CONDITIONS DURING THE COURSE OF CONSTRUCTION OF THIS PROJECT,
INCLUDING SAFETY OF ALL PERSONS AND PROPERTY THAT THIS REQUIREMENT SHALL APPLY CONTINUOUS AND NOT BE LIMITED TO NORMAL WORKING HOURS; AND THAT THE
CONTRACTOR SHALL DEFEND, INDEMNIFY AND HOLD THE OWNER AND ENGINEER
HARMLESS FROM ANY AND ALL LIABILITY ARISING FROM THE SOLE NEGLIGENCE OF THE OWNER OR ENGINEER.
PRIVATE ENGINEERS NOTICE TO CONTRACTOR(S)
NOTE TO CONTRACTOR:
INSTALL 6-FOOT CHAIN LINK FENCE WITH WINDSCREEN AND GATES, WHERE NECESSARY, ALONG THE PERIMETER OF THE SITE AS NEEDED.
CONTRACTOR SHALL PROTECT THESE FENCES AND KEEP AREA FULLY SECURE DURING DEMOLITION.
DEMOLITION GENERAL NOTES
1. CONTRACTOR SHALL CONDUCT A SURVEY OF EXISTING CONDITIONS AND CORRELATE WITH REQUIREMENTS INDICATED TO DETERMINE AND VERIFY THE EXTENT OF DEMOLITION REQUIRED.
2. CONTRACTOR SHALL RECORD EXISTING CONDITIONS BY USE OF PRE-CONSTRUCTION PHOTOGRAPHS, PRE-CONSTRUCTION VIDEOTAPES, AND DRAWINGS AS APPROPRIATE.
3. A SURVEY SHALL BE PERFORMED AS WORK PROGRESSES TO DETECT HAZARDS RESULTING FROM DEMOLITION ACTIVITIES.
4. CONTRACTOR SHALL KEEP INVENTORY AND RECORD THE CONDITION OF ITEMS TO BE REMOVED AND REINSTALLED AND ITEMS TO BE REMOVED AND SALVAGED.
5. CONTRACTOR SHALL COORDINATE WITH THE OWNER THE STORAGE AND DELIVERY OF ITEMS TO BE SALVAGED.
6. LOCATE ALL EXISTING UTILITIES WHETHER SHOWN HEREON OR NOT AS THE FIRST ITEM OF WORK AND PROTECT THEM FROM DAMAGE. NOTIFY OWNER IMMEDIATELY IF DAMAGE OCCURS AND ASSUME FULL RESPONSIBILITY FOR EXPENSE OF REPAIR OR REPLACEMENT. NOTIFY OWNER'S REPRESENTATIVE IMMEDIATELY SHOULD FIELD CONDITIONS VARY FROM THOSE SHOWN ON PLAN.
7. WHEN UNANTICIPATED ELECTRICAL, STRUCTURAL, OR OTHER ELEMENTS INCLUDING STORM DRAIN, WATER
AND SEWER LINES THAT CONFLICT WITH INTENDED DESIGN ARE ENCOUNTERED, CONTRACTOR SHALL
INVESTIGATE AND MEASURE THE NATURE AND EXTENT OF CONFLICT AND CONTRACTOR SHALL PROMPTLY SUBMIT A WRITTEN REPORT TO THE CITY.
8. CONTRACTOR SHALL LOCATE, IDENTIFY, DISCONNECT, AND SEAL OR CAP OFF INDICATED UTILITY SERVICES AND MECHANICAL/ELECTRICAL SYSTEMS SERVING AREAS TO BE SELECTIVELY DEMOLISHED AND:
x SHALL ARRANGE TO SHUT OFF INDICATED UTILITIES WITH UTILITY COMPANIES.x IF SERVICES/SYSTEMS ARE REQUIRED TO BE REMOVED, RELOCATED, OR ABANDONED, BEFORE PROCEEDING WITH DEMOLITION CONTRACTOR SHALL PROVIDE TEMPORARY SERVICES/SYSTEMS THATBYPASS AREA OF DEMOLITION AND THAT MAINTAIN CONTINUITY OF SERVICES/SYSTEMS TO OTHERPARTS OF BUILDING AND SITE. x SHALL CUT OFF PIPE OR CONDUIT IN WALLS TO BE REMOVED. CAP, VALVE, OR PLUG AND SEAL REMAINING PORTION OF PIPE OR CONDUIT AFTER BYPASSING. WHERE ENTIRE WALL IS TO BE REMOVED,EXISTING SERVICES/SYSTEMS MAY BE REMOVED WITH REMOVAL OF THE WALL. CONTRACTOR SHALL CUT OFF PIPE OR CONDUIT SO IT WILL NOT BE VISIBLE IN FINISHED CONSTRUCTION.
9. CONTRACTOR SHALL PROTECT EXISTING SERVICES/SYSTEMS INDICATED AGAINST DAMAGE DURING DEMOLITION OPERATIONS.
10. INACTIVE OR ABANDONED UTILITIES SHALL BE DISCONNECTED, REMOVED, AND PLUGGED OR CAPPED SUBJECT TO THE LOCAL GOVERNING AGENCIES.
11. ACTIVE UTILITIES SHALL BE PROTECTED BY AND AT THE EXPENSE OF THE CONTRACTOR. KEEP ANY REQUIRED
UTILITY IN OPERATING CONDITION DURING THE ENTIRE PERIOD OF WORK, INCLUDING EXISTING IRRIGATION SYSTEMS FOR LANDSCAPE MAINTENANCE.
12. DO NOT WILLFULLY PROCEED WITH CONSTRUCTION WHEN IT IS OBVIOUS THAT KNOWN OBSTRUCTIONS EXIST THAT MAY NOT HAVE BEEN KNOWN DURING DESIGN. SUCH CONDITIONS SHALL BE IMMEDIATELY BROUGHTTO THE ATTENTION OF THE OWNER'S AUTHORIZED REPRESENTATIVE. ASSUME RESPONSIBILITY FOR ALL NECESSARY REVISION DUE TO FAILURE TO GIVE SUCH NOTIFICATION.
13. CONTRACTOR SHALL CONDUCT DEMOLITION AND DEBRIS-REMOVAL OPERATIONS TO ENSURE MINIMUM
INTERFERENCE WITH ROADS, STREETS, WALKS, WALKWAYS, AND OTHER ADJACENT OCCUPIED AND USED FACILITIES.
14. CONTRACTOR SHALL PROVIDE TEMPORARY BARRICADES AND OTHER PROTECTION REQUIRED TO PREVENT INJURY TO PEOPLE AND DAMAGE TO ADJACENT BUILDINGS AND FACILITIES TO REMAIN AND:
x SHALL PROVIDE TEMPORARY WEATHER PROTECTION, DURING THE INTERVAL BETWEEN DEMOLITION OF
EXISTING CONSTRUCTION ON EXTERIOR SURFACES AND NEW CONSTRUCTION, TO PREVENT WATER LEAKAGE AND DAMAGE TO STRUCTURE AND INTERIOR AREAS.
x SHALL PROTECT WORK THAT IS TO REMAIN OR THAT IS EXPOSED DURING DEMOLITION OPERATIONS.x SHALL COVER AND PROTECT EQUIPMENT THAT HAS NOT BEEN REMOVED.
15. CONTRACTOR SHALL PROVIDE AND MAINTAIN SHORING, BRACING, AND STRUCTURAL SUPPORTS AS
REQUIRED TO PRESERVE STABILITY AND PREVENT MOVEMENT, SETTLEMENT, OR COLLAPSE OF CONSTRUCTION
AND FINISHES THAT REMAIN, AND TO PREVENT UNEXPECTED OR UNCONTROLLED MOVEMENT OR COLLAPSE OF CONSTRUCTION BEING DEMOLISHED. CONTRACTOR SHALL STRENGTHEN OR ADD NEW SUPPORTS WHEN REQUIRED DURING PROGRESS OF DEMOLITION.
16. DEMOLITION AND REMOVAL WORK SHALL BE CAREFULLY PERFORMED TO AVOID DAMAGE TO EXISTING TREES NOTED ON THE PLANS TO REMAIN.
17. ALL WORK SHALL CONFORM TO THE REQUIREMENTS OF THE LATEST ADOPTED EDITIONS OF THE UNIFORM
BUILDING CODE, THE AMERICANS WITH DISABILITIES ACT, AND ALL OTHER APPLICABLE LOCAL AND STATE CODES, ORDINANCES AND REGULATIONS.
18. CONTRACTOR SHALL USE METHODS REQUIRED TO COMPLETE THE WORK WITHIN THE LIMITATIONS OF GOVERNING REGULATIONS AND AS FOLLOWS:
x SHALL NEATLY CUT OPENINGS AND HOLES PLUMB, SQUARE, AND TRUE TO DIMENSIONS REQUIRED,
USING CUTTING METHODS LEAST LIKELY TO DAMAGE CONSTRUCTION TO REMAIN OR ADJOINING CONSTRUCTION. USE HAND TOOLS OR SMALL POWER TOOLS DESIGNED FOR SAWING OR GRINDING, NOT HAMMERING AND CHOPPING, TO MINIMIZE DISTURBANCE OF ADJACENT SURFACES.
TEMPORARILY COVER OPENINGS TO REMAIN.
x SHALL CUT OR DRILL FROM THE EXPOSED OR FINISHED SIDE INTO CONCEALED SURFACES TO AVOID MARRING EXISTING FINISHED SURFACES.
x SHALL NOT USE CUTTING TORCHES UNTIL WORK AREA IS CLEARED OF FLAMMABLE MATERIALS. AT
CONCEALED SPACES, SUCH AS DUCT AND PIPE INTERIORS, VERIFY CONDITION AND CONTENTS OF HIDDEN SPACE BEFORE STARTING FLAME-CUTTING OPERATIONS. MAINTAIN FIRE WATCH ANDPORTABLE FIRE-SUPPRESSION DEVICES DURING FLAME-CUTTING OPERATIONS. x SHALL MAINTAIN ADEQUATE VENTILATION WHEN USING CUTTING TORCHES.x SHALL REMOVE DECAYED, TERMITE-INFESTED, VERMIN-INFESTED, OR OTHERWISE DANGEROUS OR UNSUITABLE MATERIALS AND PROMPTLY DISPOSE OF OFF-SITE.
x SHALL LOCATE DEMOLITION EQUIPMENT AND REMOVE DEBRIS AND MATERIALS SO AS NOT TO IMPOSE EXCESSIVE LOADS ON STRUCTURES TO REMAIN.
19. CLEAR THE SITE OF GRASS, WEED GROWTH, RUBBISH, DEBRIS, PAVEMENT, CONCRETE, INACTIVE OR
ABANDONED FACILITIES (VERIFIED BY THE AGENCY), THAT ARE TO BE REMOVED FOR CONSTRUCTION OF THE SITE IMPROVEMENTS TO THE LIMITS AND DEPTHS SHOWN ON THE PLANS.
20. ABANDONED UNDERGROUND FACILITIES (VERIFIED BY THE AGENCY), ROOTS THREE INCHES IN DIAMETER AND LARGER, AND ROCKS AND BROKEN MASONRY LARGER THAN 4 INCHES IN ANY DIMENSION SHALL BE REMOVED TO A MINIMUM DEPTH OF 12" BELOW FINISH GRADE.
21. ALL DELETERIOUS MATERIALS WITHIN THE LIMITS OF THE WORK SHALL BE DISPOSED OF OFF-SITE BY THE CONTRACTOR, WHO SHALL MAKE ALL NECESSARY ARRANGEMENTS AND PAY ALL RELATED COSTS.
22. CONTRACTOR SHALL REMOVE DEMOLISHED MATERIALS FROM PROJECT SITE AND LEGALLY DISPOSE OF THEM AT THE CONTRACTOR'S EXPENSE IN AN EPA-APPROVED LANDFILL AND:
x SHALL NOT ALLOW DEMOLISHED MATERIALS TO ACCUMULATE ON-SITE.x SHALL REMOVE AND TRANSPORT DEBRIS IN A MANNER THAT WILL PREVENT SPILLAGE ON ADJACENT SURFACES AND AREAS.
23. CONTRACTOR SHALL NOT BURN DEMOLISHED MATERIALS.24. CONTRACTOR SHALL CLEAN ADJACENT STRUCTURES AND IMPROVEMENTS OF DUST, DIRT, AND DEBRIS
CAUSED BY DEMOLITION OPERATIONS AND RETURN ADJACENT AREAS TO CONDITION EXISTING BEFORE DEMOLITION OPERATIONS BEGAN.
LIMITS OF DEMOLITIONPROTECT UTILITY LINE IN PLACE WITHIN DEMOLITION LIMITSEXISTING CURB OR CURB & GUTTER TO BE REMOVED NOTE TO CONTRACTOR:
x LOCATION OF EXISTING FACILITIES SHOWN HEREON ARE BASED ON THE
EXISTING TOPOGRAPHIC SURVEY PERFORMED BY JOHNSON-FRANK & ASSOC., INC., DATED JULY, 2022, FIELD OBSERVATION AND A SEARCH OF AVAILABLE RECORDS AND MAY NOT REPRESENT ACTUALCONDITIONS. x CONTRACTOR MUST FIELD LOCATE ALL UTILITIES (LOCATION AND DEPTH)
WITHIN WORK AREA AS A FIRST ITEM OF WORK AND VERIFY PROPOSED DESIGN IS VALID.
x CONTRACTOR SHALL PROTECT IN PLACE THE UTILITY LINES SHOWN AND ANY OTHER LINES NOT OF RECORD OR NOT SHOWN ON THESE PLANS.
CONTRACTOR SHALL BE RESPONSIBLE FOR ANY DAMAGE TO THE
EXISTING UTILITY LINES.
x CONTRACTOR TO VERIFY AND INFORM THE CITY OF ANY FACILITIES ENCOUNTERED IN THE FIELD WHICH IS NOT SHOWN ON THIS PLAN, ORDIFFERS IN LOCATION OR SIZE, PRIOR TO REMOVAL. 4 D-1.01
DEMOLITION
PLAN
0 10 20 40
SCALE: 1" = 20'
S
E
FIELD HOUSE
(49.3±) FF
NOTE TO CONTRACTOR:
CONTRACTOR TO SCHEDULE A SITE WALK
WITH THE CITY PRIOR TO START OF
DEMOLITION TO VERIFY ALL ITEMS TO BEDEMOLISHED AND/OR SALVAGED. 3254
SAWCUT AND REMOVE EXISTING CONCRETE SIDEWALK (COMPLETE) AND DISPOSEPROTECT IN PLACE *** NOTE TO CONTRACTOR:
EXACT LOCATION OF EXISTING UNDERGROUND PVC STORM DRAIN LINES ON-SITE ARE UNKNOWN. CONTRACTOR SHALL:
x VERIFY LOCATION, SIZE, ELEVATIONS OF EXISTING STORM DRAIN AND VERIFY DESIGN AS A FIRST ITEM OF WORK. NOTIFY ENGINEER
IMMEDIATELY OF ANY REQUIRED CHANGE IN DESIGN.
x CAP EXISTING STORM DRAIN AT DEMOLITION LIMITS - NOTIFY ENGINEER
OF ALL LOCATIONS, SIZES AND INVERT ELEVATIONS AT COMPLETION OF DEMOLITION.
x IF INLET PIPES ARE FOUND CONNECTING TO EXISTING GRATES THAT ARE
REMOVED DURING THE CONSTRUCTION OF THIS PROJECT (OR PIPES AREDAMAGED OR REMOVED DURING CONSTRUCTION) THAT RUN OUTSIDE
OF DEMOLITION LIMITS, NOTIFY ENGINEER IMMEDIATELY OF THE LOCATION AND SIZE TO INSURE CONTINUITY OF DRAINAGE UPSTREAM.
ELMHURST
CIR.
CASA LOMA AVE.
SAWCUT AND REMOVE EXISTING CONCRETE CURB OR CURB & GUTTER (COMPLETE) AND DISPOSESAWCUT AND REMOVE EXISTING A.C. PAVEMENT AND BASE (COMPLETE) AND DISPOSEREMOVE EXISTING BENCH AND SALVAGE FOR REINSTALLATION - SEE SHEET C-1.01 AND C-1.02 23 5 SIGN -TYP.
5 SIGN -TYP.
4 BENCH
5 DRAIN INLET
1 1 1
1 1
1 5 CATCH BASIN
5 CATCH BASIN
1 1
1 1
1 1
1 1
1 1
1 1
2 2
1 5 CURB
5 CURB
5 CURB
5 CURB
5 CURB 5 CURB
5 CURB
NOTE TO CONTRACTOR:
THE LIMITS OF SIDEWALK REMOVAL AND NEW SIDEWALK ARE INTENDED TO MATCH EXISTING SCORE LINES AND EXPANSION JOINTS AS MEASURED IN THE FIELD.
CONTRACTOR SHALL VERIFY JOIN LOCATIONS PRIOR TO START OF DEMOLITION AND NOTIFY THE CITY AND ENGINEER IMMEDIATELY OF ANY DISCREPANCIES. 4 BENCH
YL-0073334 - 4701 Casa Loma
11/30/2022 Stamp for Chad Frisby, VCA CODE.
31591 Camino Capistrano
San Juan Capistrano, CA 92675
www.RJMdesigngroup.com
[949] 493-2690 fax[949] 493-2600 phone
101.136.B (civTEC)
TEC
9/12/2022
STAFFTEC
CIVIL
ENGINEERING
CONSULTING
999 CORPORATE DR.
SUITE 100
LADERA RANCH, CA 92694
p: 949.463.8822
e: [email protected]
THOMAS E. CARCELLI, R.C.E. #81640
PLANS PREPARED BY:
9 9/12/2022
9/12/2022
R.
A 92694
THOMASE. CARCELLI, R.C.E.
9/
ADVENTURE PLAYGROUND
ACCESSIBILITY PATH OF TRAVEL PROJECT
CITY OF YORBA LINDA, CALIFORNIA
©
PRECISE
GRADE PLAN
0 5 10 20
SCALE: 1" = 10'
S
E
5 C-1.01
1 MATCHLINE SEE SHEET C-1.02
CASA LOMA AVE.
CONSTRUCTION NOTES
GENERAL CONSTRUCTION NOTES
* NOTE TO CONTRACTOR:
CONTRACTOR TO VERIFY ELEVATION PRIOR TOCONSTRUCTION AND NOTIFY CIVIL ENGINEER IMMEDIATELY OF ANY DISCREPANCY.
NOTE TO CONTRACTOR:
LOCATE ALL EXISTING UTILITIES AS A FIRST ITEM OF
WORK AND PROTECT THEM IN PLACE AS REQUIRED.
LEGEND
ACCESSIBLE PATH OF TRAVEL
NOTE TO CONTRACTOR:
MAXIMUM VERTICAL DIFFERENCE AT CONCRETE
SIDEWALK PANEL JOINTS AT EXISTING JOINS AND
WITHIN NEW WORK IS 0.02-FEET (1/4-INCH).
1.8%
MAX.
1.8%
MAX.
1.8%
MAX.
1.8%
MAX.
1.8%
MAX.
1.8%
MAX.
1.8%
MAX.
3.7% 2.7% JOIN
(52.37) FS
JOIN
(52.46) FS
53.03 FS
JOIN
(52.73) BOC (52.94) FS
52.82 FS JOIN
*(52.67) FS
JOIN
52.56 FS*(52.54)
JOIN
52.39 FS*(52.37)
JOIN
*(52.49) FS
JOIN*(52.25) FS
JOIN52.15 FS*(52.13)
(52.26) BOC
52.35 FS
APPROX. LOCATION OF
NEAREST SCORELINE/JOINT-TYP.
APPROX. LOCATION OF
NEAREST SCORELINE/JOINT
-TYP.
APPROX. LOCATION OF
NEAREST SCORELINE/JOINT-TYP.
APPROX. LOCATION OF
NEAREST SCORELINE/JOINT
-TYP.
CATCH BASIN 5
CURB
-TYP. 5
CURB
-TYP. 5
CURB
-TYP. 5
CURB
-TYP. 5
APPROXIMATE LOCATION
OF 2"± Ø HOLE/GAP 4
APPROXIMATE LOCATION
OF 1"± GAP 4
1 1 1
1 1
1 1
1 1
JOIN*(52.91) FS
JOIN51.81 FS*(51.79)
(51.58)
TC
51.67 FS
51.67 FS
51.47 FS
51.43 FS
51.36 FS
(51.34) FS
(51.23) FS
51.40 FS
(51.33) FS
(51.33) FS
51.40 FS
51.40 FS
51.56 FS
51.56 FS
JOIN
51.68 FS*(51.70)
JOIN51.57 FS*(51.55)
51.47 FS
(51.67)
BOC
51.76 FS
JOIN
*(51.84) FS JOIN *(51.94) FS
JOIN
(52.04) FS
JOIN
(51.93) FS
51.95 FS
52.04 FS
JOIN
(51.92) FS JOIN (51.95) FS
(51.88) FS
(51.80) FS
(51.86) FS
JOIN
(51.80) FS
JOIN
(51.81) FS
JOIN
(51.78) FS
51.87 FS
51.90 FS
JOIN
(51.65) FS
JOIN
(51.54) FS
(51.45) FS
(51.21) FS
JOIN
(51.04) FS JOIN
(50.89) FS
51.09 FS
51.33 FS
*(50.74) FS
VERIFY
(51.86) FS
NOTE TO CONTRACTOR:
THE LIMITS OF SIDEWALK REMOVAL AND NEW SIDEWALK ARE INTENDED TO MATCH EXISTING SCORE LINES AND EXPANSION JOINTS AS MEASURED IN THE FIELD.
CONTRACTOR SHALL VERIFY JOIN LOCATIONS PRIOR TO START OF DEMOLITION AND NOTIFY THE CITY AND ENGINEER IMMEDIATELY OF ANY DISCREPANCIES.
FIRE HYDRANT 5
8 9
TYP.
8 8 8 8 8
9 TYP.
8 8
9 TYP.
8 8
8 8
8 9
TYP.
7 BENCH 8
9 TYP.
435216
789
PROTECT IN PLACECONSTRUCT CONCRETE SIDEWALK PER DETAIL 1, SHEET C-0.02CONSTRUCT CURB RAMP PER SPPWC STD. PLAN 111-5, CASE B, TYPE 1 - SEE DETAIL ON SHEET C-0.03CONSTRUCT DEEPLIFT A.C. PAVEMENT PER DETAIL 4, SHEET C-0.02REINSTALL EXISTING BENCHPROVIDE EXPANSION JOINT OR COLD JOINT PER DETAIL 2, SHEET C-0.02PROVIDE CONTROL JOINT PER DETAIL 2, SHEET C-0.02CONSTRUCT CONCRETE CURB & GUTTER PER SPPWC STD. PLAN 120-3, TYPE A2-6, W = 18", MODIFY GUTTER SLOPE PER DETAIL 3, SHEET C-0.02
GRIND, REMOVE, & REPAIR EXISTING GAP IN SIDEWALK TO MAX. WIDTH OF 0.04' (1/2-INCH) WITH ARDEXOR EQUIVALENT 10 PROVIDE ACCESSIBLE ROUTE SIGNAGE PER DETAIL 5, SHEET C-0.02 SIGN 10
YL-0073334 - 4701 Casa Loma
48 in minimum clear width walkway, 5% maximum running slope in the direction of travel, 2% maximum crossslope. no change in level more than ¼" high or ½" high with edge treatment, accessible curb ramps per CBC Section 11B-406. Ramp shall be per CBC 11B-406. 11/30/2022 Stamp for Chad Frisby, VCA CODE.
Construct sidewalk per Option 2, detail 1, sheet C-0.02
31591 Camino Capistrano
San Juan Capistrano, CA 92675
www.RJMdesigngroup.com
[949] 493-2690 fax[949] 493-2600 phone
101.136.B (civTEC)
TEC
9/12/2022
STAFFTEC
CIVIL
ENGINEERING
CONSULTING
999 CORPORATE DR.
SUITE 100
LADERA RANCH, CA 92694
p: 949.463.8822
e: [email protected]
THOMAS E. CARCELLI, R.C.E. #81640
PLANS PREPARED BY:
9 9/12/2022
9/12/2022
R.
A 92694
THOMAS E. CARCELLI, R.C.E.
9/
ADVENTURE PLAYGROUND
ACCESSIBILITY PATH OF TRAVEL PROJECT
CITY OF YORBA LINDA, CALIFORNIA
©
PRECISE
GRADE PLAN
0 5 10 20
SCALE: 1" = 10'
S
E
6 C-1.02
MATCHLINE SEE SHEET C-1.01
MATCHLINE SEE SHEET C-1.03
ELMHURST CIR.
CASA LOMA AVE.
CONSTRUCTION NOTES
GENERAL CONSTRUCTION NOTES
* NOTE TO CONTRACTOR:
CONTRACTOR TO VERIFY ELEVATION PRIOR TOCONSTRUCTION AND NOTIFY CIVIL ENGINEER IMMEDIATELY OF ANY DISCREPANCY.
NOTE TO CONTRACTOR:
LOCATE ALL EXISTING UTILITIES AS A FIRST ITEM OF
WORK AND PROTECT THEM IN PLACE AS REQUIRED.
LEGEND
ACCESSIBLE PATH OF TRAVEL
NOTE TO CONTRACTOR:
MAXIMUM VERTICAL DIFFERENCE AT CONCRETE
SIDEWALK PANEL JOINTS AT EXISTING JOINS AND
WITHIN NEW WORK IS 0.02-FEET (1/4-INCH).
CATCH BASIN
5 CURB
-TYP.
5 CURB
-TYP.
5 CURB
-TYP.
5 DRAIN INLET
5 SIGN
-TYP.
5 SIGN
-TYP.
5 SIGN
-TYP.
5 1
1 1
1 1
1 1
1 1
2 2
2 36
4.5%
1.8%
MAX.
4.8%
MAX.
BENCH
7 4.8%
MAX.
(50.67) FS
(50.77) FS
(50.79) FS
(50.48) FS
(50.27) FS
(50.15) TC/FS
JOIN
(50.11) TC
50.07 TC
49.58 FL
50.03 TC49.56 FL
0 "CF
49.53 FL
0" CF
49.17 FL
JOIN
(49.49) TC/FS
*(49.06) FLVERIFY
49.60 FS
50.13 TC49.63 FS
0" CF50.07 FS
50.08 FS
50.19 FS
JOIN
(49.39) FS
JOIN
(49.37) FS
50.23 FS
1.8%
50.55 FS
50.65 FS
(40.39) FS (40.34) TC
40.45 FS
49.40 FS
(49.33) FS
(40.29) FS
(49.29) TC
(49.42) FS
49.31 FS
49.45 FS (49.53) FS
(49.64) FS
JOIN
(49.69) FS
49.18 FS
JOIN
(49.04) FS
MATCH
(49.11) FS 49.27 FS
JOIN
(49.58) FS
JOIN
(49.29) FS
49.19 FS
JOIN
(49.10) FS
JOIN
(48.90) FS
JOIN
(48.95) FS
JOIN
(49.16) FS
JOIN
(49.03) FS
48.85 FS
48.69 FS
48.62 FS 48.64 FS
48.64 FS
48.62 FS
48.69 FS
48.85 FS
1.8%
MAX.
1.8%
MAX.
1.8%
MAX.
49.77 TC49.27 FS
JOIN
(49.11) FS
1.8%
MAX.
NOTE TO CONTRACTOR:
THE LIMITS OF SIDEWALK REMOVAL AND NEW SIDEWALK ARE INTENDED TO MATCH EXISTING SCORE LINES AND EXPANSION JOINTS AS MEASURED IN THE FIELD.
CONTRACTOR SHALL VERIFY JOIN LOCATIONS PRIOR TO START OF DEMOLITION AND NOTIFY THE CITY AND ENGINEER IMMEDIATELY OF ANY DISCREPANCIES.
APPROX. LOCATION OF
NEAREST SCORELINE/JOINT
-TYP.
APPROX. LOCATION OF
NEAREST SCORELINE/JOINT-TYP.
APPROX. LOCATION OF
NEAREST SCORELINE/JOINT-TYP.
APPROX. LOCATION OF
NEAREST SCORELINE/JOINT
-TYP.
JOIN
(49.05) FS
BENCH
7 9
TYP.
8 8
1.3%
1.3%
1.3%
0 "CF46.50 FL
49.96 TC49.46 FL49.87 TC49.41 FL
0 "CF
49.37 FL
0 "CF
49.34 FL
49.80 TC49.30 FL49.70 TC49.24 FL
0 "CF
49.20 FL
49.63 TC49.13 FL
50.10 TC49.60 FS
0" CF50.06 FS
0" CF
49.97 FS
49.97 TC49.47 FS
49.94 TC49.44 FS
0" CF
49.90 FS
0" CF
49.80 FS
49.80 TC49.30 FS
0" CF
49.73 FS
1.6%
9 TYP.
8 8
8 8
8 8
8 8
9 TYP.
GENERAL CONSTRUCTION NOTES
435216
789
PROTECT IN PLACECONSTRUCT CONCRETE SIDEWALK PER DETAIL 1, SHEET C-0.02CONSTRUCT CURB RAMP PER SPPWC STD. PLAN 111-5, CASE B, TYPE 1 - SEE DETAIL ON SHEET C-0.03CONSTRUCT DEEPLIFT A.C. PAVEMENT PER DETAIL 4, SHEET C-0.02REINSTALL EXISTING BENCHPROVIDE EXPANSION JOINT OR COLD JOINT PER DETAIL 2, SHEET C-0.02PROVIDE CONTROL JOINT PER DETAIL 2, SHEET C-0.02CONSTRUCT CONCRETE CURB & GUTTER PER SPPWC STD. PLAN 120-3, TYPE A2-6, W = 18", MODIFY GUTTER SLOPE PER DETAIL 3, SHEET C-0.02
GRIND, REMOVE, & REPAIR EXISTING GAP IN SIDEWALK TO MAX. WIDTH OF 0.04' (1/2-INCH) WITH ARDEXOR EQUIVALENT 10 PROVIDE ACCESSIBLE ROUTE SIGNAGE PER DETAIL 5, SHEET C-0.02 JOI
(
7 FS
JOIN
(49.58) FS 49.5
JOIN
(49.29) FS 49.2
8 This is another site entrance point for the AdventurePlayground. Not included in this scope of work. Accessupgrades to address accessible route deficiencies citedon the March 19, 2022 CASp report will be added to thefacility transition plan.
YL-0073334 - 4701 Casa Loma
48 in minimum clear width walkway, 5% maximum running slope in the direction of travel, 2% maximum cross-slope. no change in level more than ¼" high or ½" high with edge treatment, accessible curb ramps per CBC Section 11B-406. Ramp shall be per CBC 11B-406. 11/30/2022 Stamp for Chad Frisby, VCA CODE.
Construct sidewalk per Option 2, detail 1, sheet C-0.02 Construct sidewalk per Option 2, detail 1, sheet C-0.02
X
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XX
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CONSTRUCTION NOTES
GENERAL CONSTRUCTION NOTES
31591 Camino CapistranoSan Juan Capistrano, CA 92675
www.RJMdesigngroup.com
[949] 493-2690 fax[949] 493-2600 phone
101.136.B (civTEC)
TEC
9/12/2022
STAFFTEC
CIVIL
ENGINEERING
CONSULTING
999 CORPORATE DR.
SUITE 100
LADERA RANCH, CA 92694
p: 949.463.8822
e: [email protected]
THOMAS E. CARCELLI, R.C.E. #81640
PLANS PREPARED BY:
9 9/12/2022
9/12/2022
R.
A 92694
THOMASE. CARCELLI, R.C.E.
9/
ADVENTURE PLAYGROUND
ACCESSIBILITY PATH OF TRAVEL PROJECT
CITY OF YORBA LINDA, CALIFORNIA
©
PRECISE
GRADE PLAN
0 5 10 20
SCALE: 1" = 10'
S
E
* NOTE TO CONTRACTOR:
CONTRACTOR TO VERIFY ELEVATION PRIOR TOCONSTRUCTION AND NOTIFY CIVIL ENGINEER IMMEDIATELY OF ANY DISCREPANCY.
NOTE TO CONTRACTOR:
LOCATE ALL EXISTING UTILITIES AS A FIRST ITEM OF
WORK AND PROTECT THEM IN PLACE AS REQUIRED.
7 C-1.03
MATCHLINE SEE SHEET C-1.02 LEGEND ACCESSIBLE PATH OF TRAVEL NOTE TO CONTRACTOR:
MAXIMUM VERTICAL DIFFERENCE AT CONCRETE
SIDEWALK PANEL JOINTS AT EXISTING JOINS AND
WITHIN NEW WORK IS 0.02-FEET (1/4-INCH).
1.8% MAX. 1
1 1
1 1
1 MAX. 4.8%
1.8% MAX.
MAX.
1.8%
1.8% MAX.
1.8%
MAX.
4.8%
MAX.
1.8% MAX.
JOIN
JOIN (47.97) FS
(47.87) FS
JOIN
*(48.57) FS
JOIN
(48.42) FS
JOIN*(48.88) FS
JOIN*(48.74) FS
JOIN
*(45.44) FS
JOIN
(45.61) FS
JOIN
(45.37) FS
JOIN
(45.55) FS
JOIN
(45.52) FS
JOIN
(45.34) FS
JOIN
(45.39) FS
JOIN
(45.38) FS
JOIN
(45.51) FS
JOIN
(45.49) FS
JOIN
(45.63) FS
JOIN
(45.68) FS
JOIN
(45.66) FS
1.8% MAX.
45.92 FS
45.78 FS
47.77 FS
47.91 FS 47.35 FS
47.27 FS
47.49 FS
45.68 FS
APPROXIMATE LOCATION
OF 1.5"± GAP 4
45.48 FS
45.54 FS
45.64 FS
45.80 FS
45.66 FS 2.1%
NOTE TO CONTRACTOR:
THE LIMITS OF SIDEWALK REMOVAL AND NEW SIDEWALK ARE INTENDED TO MATCH EXISTING SCORE LINES AND EXPANSION JOINTS AS MEASURED IN THE FIELD.
CONTRACTOR SHALL VERIFY JOIN LOCATIONS PRIOR TO START OF DEMOLITION AND NOTIFY THE CITY AND ENGINEER IMMEDIATELY OF ANY DISCREPANCIES.
APPROX. LOCATION OF
NEAREST SCORELINE/JOINT-TYP.
APPROX. LOCATION OF
NEAREST SCORELINE/JOINT
-TYP.
9 TYP.
8 8
8 8 8
8 8
8 8
9 TYP.
9 TYP.
9 TYP.
4.5%
47.41 FS
46.54 FS
46.21 FS 46.68 FS
46.07 FS
4.5%
1.2%
435216789
PROTECT IN PLACECONSTRUCT CONCRETE SIDEWALK PER DETAIL 1, SHEET C-0.02CONSTRUCT CURB RAMP PER SPPWC STD. PLAN 111-5, CASE B, TYPE 1 - SEE DETAIL ON SHEET C-0.03CONSTRUCT DEEPLIFT A.C. PAVEMENT PER DETAIL 4, SHEET C-0.02REINSTALL EXISTING BENCHPROVIDE EXPANSION JOINT OR COLD JOINT PER DETAIL 2, SHEET C-0.02PROVIDE CONTROL JOINT PER DETAIL 2, SHEET C-0.02CONSTRUCT CONCRETE CURB & GUTTER PER SPPWC STD. PLAN 120-3, TYPE A2-6, W = 18", MODIFY GUTTER SLOPE PER DETAIL 3, SHEET C-0.02
GRIND, REMOVE, & REPAIR EXISTING GAP IN SIDEWALK TO MAX. WIDTH OF 0.04' (1/2-INCH) WITH ARDEXOR EQUIVALENT 10 PROVIDE ACCESSIBLE ROUTE SIGNAGE PER DETAIL 5, SHEET C-0.02 YL-0073334 - 4701 Casa Loma
48 in minimum clear width walkway, 5% maximum running slope in the direction of travel, 2% maximum crossslope. no change in level more than ¼" high or ½" high with edge treatment, accessible curb ramps per CBC Section 11B-406. Ramp shall be per CBC 11B-406. 11/30/2022 Stamp for Chad Frisby, VCA CODE.
Construct sidewalk per Option 2, detail 1, sheet C-0.02 Construct sidewalk per Option 2, detail 1, sheet C-0.02
X X
X
X
X
X
X
X
X
X
X
X
X
X
31591 Camino CapistranoSan Juan Capistrano, CA 92675
www.RJMdesigngroup.com
[949] 493-2690 fax[949] 493-2600 phone
101.136.B (civTEC)
TEC
9/12/2022
STAFFTEC
CIVIL
ENGINEERING
CONSULTING
999 CORPORATE DR.
SUITE 100
LADERA RANCH, CA 92694
p: 949.463.8822
e: [email protected]
THOMAS E. CARCELLI, R.C.E. #81640
PLANS PREPARED BY:
9 9/12/2022
9/12/2022
R.
A 92694
THOMASE. CARCELLI, R.C.E.
9/
ADVENTURE PLAYGROUND
ACCESSIBILITY PATH OF TRAVEL PROJECT
CITY OF YORBA LINDA, CALIFORNIA
©
8 C-3.01
EROSION
&
SEDIMENT
CONTROL
PLAN
0 10 20 40
SCALE: 1" = 20'
S
E
INSTALL GRAVEL BAGS (SE-8)
EROSION CONSTRUCTION NOTES:
91 LEGEND
GRAVEL BAGS (SE-8)FILTER FABRIC OVER C.B. (SE-10) - DRY WEATHER ONLY 90 INSTALL FILTER FABRIC OVER CATCH BASIN (SE-10) - DRY WEATHER ONLY
FIELD HOUSE
(49.3±) FF
ELMHURST CIR.
CASA LOMA AVE.
SECTION A-A
A
12"
3" MIN. OPENING
BETWEEN BAGS
AT TOP ROW
A
CONSTRUCTIONNS-7 POTABLE WATER/IRRIGATION *STORMWATER MITIGATION MEASURES (BMPs) WE-1 WIND EROSION CONTROLTC-1 STABILIZED CONSTRUCTION ENTRANCE * WM-2 MATERIAL USE *NS-2 DEWATERING OPERATIONS *NS-3 PAVING OPERATIONS *WM-1 MATERIAL DELIVERY AND STORAGE *WM-4 SPILL PREVENTION AND CONTROL *WM-5 SOLID WASTE MANAGEMENT * SE-4 CHECK DAMSSE-9 STRAW BALE BARRIERSSE-10 STORM DRAIN INLET PROTECTION NS-1 WATER CONSERVATION PRACTICES *WM-6 HAZARDOUS WASTE MANAGEMENT *WM-7 CONTAMINATED SOIL MANAGEMENT *WM-8 CONCRETE WASTE MANAGEMENT *NS-8 VEHICLE AND EQUIPMENT CLEANING *NS-9 VEHICLE AND EQUIPMENT FUELING *NS-10 VEHICLE AND EQUIPMENT MAINTENANCE *WM-3 STOCKPILE MANAGEMENT *THE FOLLOWING BMP'S AS OUTLINED IN, BUT NOT LIMITED TO, THE BEST MANAGEMENT PRACTICE HANDBOOK. CALIFORNIA STORMWATER QUALITY TASK FORCE. SACRAMENTO. CALIFORNIA 2019, OR THE LATEST REVISED EDITION, APPLY DURING THE CONSTRUCTION OF THIS PROJECT. (ADDITIONAL
MEASURES MAY BE REQUIRED IF DEEMED APPROPRIATE BY CITY INSPECTORS) SE-1 SILT FENCE
LOCATIONS TO BE DETERMINED BY CONTRACTOR AND APPROVED BY CITY INSPECTOR NOTE:
SE-7 STREET SWEEPING AND VACUUMINGEC-1 SCHEDULING
GRAVEL BAGS:
1. GENERAL: GRAVEL BAGS SHALL INCLUDE PROVIDING ALL LABOR, MATERIALS, AND EQUIPMENT
TO FABRICATE AND INSTALL GRAVEL BAGS AS REQUIRED TO FACILITATE THE CONTROL OF EROSION.
2. LOCATION: GRAVEL BAGS SHALL BE PLACED PER PLAN, AND IN LOCATIONS SPECIFIED BY THE CITY, AND IN LOCATIONS DEEMED NECESSARY BY THE CONTRACTOR.
3. FABRICATION: GRAVEL BAGS SHALL BE FABRICATED USING FACTORY SEWN OR SEALED BAGS
OF WOVEN POLYPROPYLENE, TREATED TO RESIST DEGRADATION BY ULTRAVIOLET LIGHT AND
HAVING SUFFICIENT RESISTANCE TO TEARING TO ALLOW RELOCATION OF BAGS WITHIN SIX MONTHS OF INITIAL PLACEMENT WITH A LOSS OF NOT MORE THAN FIVE PERCENT OF THE BAGS.
THE BAGS SHALL BE FILLED WITH SUBROUNDED TO ROUNDED GRAVEL LESS THAN 3/4-INCH IN DIAMETER, WITH LESS THAN FIVE PERCENT OF MATERIAL PASSING A NO. 30 SIEVE. THE FILLEDBAGS SHALL HAVE THE OPEN ENDS SECURELY FASTENED PRIOR TO DELIVERY TO THE SITE.
4. INSTALLATION: GRAVEL BAGS SHALL BE INSTALLED IN A SIDE BY SIDE MANNER TO ENTRAP SILT AND MUD, AND TO DIVERT THE FLOW OF WATER. NOTWITHSTANDING THE OTHER
REQUIREMENTS OF THIS SPECIFICATION, FAILURE OF THE BAGS TO PERFORM THIS FUNCTION SHALL BE REASON TO REJECT THEIR INSTALLATION.
GRAVEL BAGS SHALL BE INSTALLED WITH THE WIDEST FACE AGAINST THE GROUND SURFACE OR
THE UNDERLYING COURSE OF BAGS, AND PRESSED IN PLACE TO CONFORM TO THE UNDERLYING SURFACE. THE BAGS SHALL BE PLACED WITH THE TIED ENDS IN THE "UPHILL" OR "UPSTREAM" DIRECTION, BEGINNING AT THE LOWEST OR MOST DOWNSTREAM BAG, TIED ENDS WILL BE TUCKED UNDER BAG. SUBSEQUENT BAGS WITHIN ONE COURSE OF BAGS SHALL BE
PLACED SO AS TO REST UPON THE TIED END OF THE PREVIOUSLY PLACED BAG, WITH NOT LESS THAN 10 PERCENT OF THE BAG IN CONTACT WITH THE PREVIOUS BAG, AND NOT MORE THAN 20 PERCENT IN CONTACT.SUBSEQUENT COURSES OF BAGS SHALL BE PLACED AS DESCRIBED PREVIOUSLY, WITH THEMID-POINT OF THE BAGS STRADDLING THE JOINTS OF BAGS IN THE UNDERLYING ROW.
CONSTRUCTION OF A GRAVEL BAG BERM PERPENDICULAR TO THE DIRECTION OF FLOW SHALL INCORPORATE BAGS PLACED IN A "PYRAMID" CONFIGURATION, WITH ALL INDIVIDUAL BAGS ORIENTED PERPENDICULAR TO THE DIRECTION OF FLOW. THE BERM SHALL BE CONSTRUCTED WITH A SPECIFIED NUMBER OF ROWS AT THE BOTTOM (IN CONTACT WITH THE GROUND), WITHSUCCESSIVELY FEWER ROWS IN EACH OVERLYING COURSE. THE UPSTREAM AND DOWNSTREAM FACES OF THE BERM SHALL BE NO STEEPER THAN 1-1/2 FEET HORIZONTAL TO 1 VERTICAL.DAMAGE WHICH COULD FORESEEBLY BE PREVENTED BY PROPER GRAVEL BAG INSTALLATION SHALL BE THE CONTRACTOR'S RESPONSIBILITY.
SE-8 GRAVEL BAG DETAILS SCALE: N.T.S.
2 BAGS HIGH
EC-2 PRESERVATION OF EXISTING VEGETATIONEC-5 SOIL BINDERSSE-5 FIBER ROLLSSE-6 GRAVEL BAG BERMTC-3 ENTRANCE OUTLET TIRE WASH * NS-12 CONCRETE CURINGNS-13 CONCRETE FINISHINGWM-9 SANITARY-SEPTIC WASTE MANAGEMENT *
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES)
1. CONSTRUCTION SITE BMPS FOR THE MANAGEMENT OF STORM WATER AND NON-STORMWATER DISCHARGES SHALL BE DOCUMENTED ON THE GRADING PLAN. ARRANGEMENTS SHALL BE
MADE BY THE DEVELOPER TO RETAIN THE SWPPP ON THE JOBSITE THROUGHOUT THE TIME OF CONSTRUCTION. THE IMPLEMENTATION AND MAINTENANCE OF THE SITE BMPS IS REQUIRED TO MINIMIZE JOBSITE EROSION AND SEDIMENTATION. ARRANGEMENTS SHALL BE MADE BY THE DEVELOPER TO MAINTAIN THOSE BMPS THROUGHOUT THE TIME OF CONSTRUCTION.
2. EROSION CONTROL BMPS SHALL BE IMPLEMENTED AND MAINTAINED TO PREVENT AND/OR
MINIMIZE THE ENTRAINMENT OF SOIL IN RUNOFF FROM DISTURBED SOIL AREAS ON CONSTRUCTION SITES.
3. SEDIMENT CONTROL BMPS SHALL BE IMPLEMENTED AND MAINTAINED TO PREVENT AND/OR MINIMIZE THE TRANSPORT OF SOIL FROM THE CONSTRUCTION SITE.
4. GRADING SHALL BE PHASED TO LIMIT THE AMOUNT OF DISTURBED AREA EXPOSED TO THE EXTENT FEASIBLE.
5. AREAS THAT ARE CLEARED AND GRADED SHALL BE LIMITED TO ONLY THE PORTION OF THE SITE THAT IS NECESSARY FOR CONSTRUCTION. THE CONSTRUCTION SITE SHALL BE LIMITED TO ONLYTHE PORTION OF THE SITE THAT IS NECESSARY FOR CONSTRUCTION. THE CONSTRUCTION SITE
SHALL BE MANAGED TO MINIMIZE THE EXPOSURE TIME OF DISTURBED SOIL AREAS THROUGH
PHASING AND SCHEDULING OF GRADING AND THE USE OF TEMPORARY AND PERMANENT SOIL STABILIZATION.
6. IF DISTURBED, SLOPES (TEMPORARY OR PERMANENT) SHALL BE STABILIZED IF THEY WILL NOT BE WORKED WITHIN 21 DAYS. DURING STORM SEASON. ALL SLOPES SHALL BE STABILIZED PRIOR TO PREDICTED STORM EVEN. CONSTRUCTION SITES SHALL BE REVEGETATED AS EARLY AS FEASIBLE AFTER SOIL DISTURBANCE.
7. STOCKPILES OF SOIL SHALL BE PROPERLY CONTAINED TO ELIMINATE OR REDUCE SEDIMENT TRANSPORT FROM THE SITE OR STREETS. DRAINAGE FACILITIES OR ADJACENT PROPERTIES VIA RUNOFF. VEHICLE TRACKING, OR WIND.
8. CONSTRUCTION SITES SHALL BE MAINTAINED IN SUCH A CONDITION THAT A STORM DOES NOT CARRY WASTES OR POLLUTANTS OFF THE SITE. DISCHARGES OTHER THAN STORMWATER(NON-STORMWATER DISCHARGES) ARE PROHIBITED. EXCEPT AS AUTHORIZED BY AN INDIVIDUAL NPDES PERMIT. THE STATEWIDE GENERAL PERMIT-CONSTRUCTION ACTIVITY.
POTENTIAL POLLUTANTS INCLUDE BUT ARE NOT LIMITED TO: SOIL OR LIQUID CHEMICAL SPILLS;
WASTES FROM PAINTS, STAINS, SEALANTS, SOLVENTS, DETERGENTS, GLUES, LIME, PESTICIDES,
HERBICIDES, FERTILIZERS, WOOD PRESERVATIVES, AND ASBESTOS FIBERS, PAINT FLAKES OR
STUCCO FRAGMENTS, FUEL, OILS, LUBRICANTS, AND HYDRAULIC RADIATOR OR BATTERY FLUIDS, CONCRETE AND RELATED CUTTING OR CURING RESIDUES; FLOATABLE WASTES; WASTESFROM ENGINE/EQUIPMENT STEAM CLEANING OR CHEMICAL DEGREASING; WASTES FROM STREET CLEANING; AND SUPER-CHLORINATED POTABLE WATER FROM LINE FLUSHING AND TESTING. DURING CONSTRUCTION. DISPOSAL OF SUCH MATERIALS SHOULD OCCUR IN A
SPECIFIED AND CONTROLLED TEMPORARY AREA O-SITE PHYSICALLY SEPARATE FROM POTENTIAL STORMWATER RUNOFF. WITH ULTIMATE DISPOSAL IN ACCORDANCE WITH LOCAL.
STATE AND FEDERAL REQUIREMENTS.
9. RUNOFF FROM EQUIPMENT AND VEHICLE WASHING SHALL BE CONTAINED AT CONSTRUCTION SITE AND MUST NOT BE DISCHARGED TO RECEIVING WATERS OR LOCAL STORM DRAINSYSTEM.
10. APPROPRIATE BMPS FOR CONSTRUCTION-RELATED MATERIALS. WASTES. SPILLS OR RESIDUES SHALL BE IMPLEMENTED TO ELIMINATE OR REDUCE TRANSPORT FRO THE SITE TO STREETS.
DRAINAGE FACILITIES. OR ADJOINING PROPERTIES BY WIND OR RUNOFF.
11. ALL CONSTRUCTION CONTRACTORS AND SUBCONTRACTOR PERSONNEL ARE TO BE TRAINED
IN THE IMPLEMENTATION AND USE OF THE REQUIRED BMPS AND GOOD HOUSEKEEPING MEASURE FOR THE PROJECT SITE AND ANY ASSOCIATED CONSTRUCTION STAGING AREASAND ALL TRAINING DOCUMENTATION SHALL BE MAINTAINED IN THE SWPPP.
12. DISCHARGING CONTAMINATED GROUNDWATER PRODUCED BY DEWATERING GROUNDWATER THAT HAS INFILTRATED INTO THE CONSTRUCTION SITE IS PROHIBITED. DISCHARGING OF CONTAMINATED SOILS VIA SURFACE EROSION IS ALSO PROHIBITED. DISCHARGING
NON-CONTAMINATED GROUNDWATER PRODUCED BY DEWATERING ACTIVITIES MAY REQUIRE
A NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT FROM THE REGIONAL WATER QUALITY CONTROL BOARD.
13. BMPS SHALL BE MAINTAINED AT ALL TIMES. IN ADDITION. BMPS SHALL BE INSPECTED PRIOR TO PREDICTED STORM EVENTS AND FOLLOWING STORM EVENTS.
14. AT THE END OF EACH DAY OF CONSTRUCTION ACTIVITY. ALL CONSTRUCTION DEBRIS AND
WASTE MATERIALS SHALL BE COLLECTED AND PROPERLY DISPOSED OF IN TRASH OR RECYCLE BINS.
CITY OF YORBA LINDA PUBLIC WORKS DEPARTMENT
EROSION AND SEDIMENT CONTROL NOTES
1. IN CASE OF EMERGENCY CALL ________________________ AT ________________________ (RESPONSIBLE PERSON) (24-HR PHONE NUMBER)
___________________________________________________
(TITLE AND COMPANY)
2. THE UNDERSIGNED CIVIL ENGINEER WILL REVIEW EROSION AND SEDIMENT CONTROL WORK AND
CERTIFY THAT WORK IS IN ACCORDANCE WITH THE ACCEPTED PLAN AND STORM WATER POLLUTION PREVENTION PLAN (SWPPP).
3. A STANDBY CREW FOR EMERGENCY WORK SHALL BE AVAILABLE AT ALL TIMES DURING THE RAINY SEASON. NECESSARY MATERIALS SHALL BE AVAILABLE ON SITE AND STOCKPILED AT CONVENIENT
LOCATIONS TO FACILITATE RAPID CONSTRUCTION OF TEMPORARY BEST MANAGEMENTPRACTICES (BMPS) OR TO REPAIR ANY DAMAGED EROSION AND SEDIMENT CONTROL MEASURES WHEN RAIN IS IMMINENT.
4. BMPS SHALL NOT BE MOVED OR MODIFIED WITHOUT THE DIRECTION OF THE QUALIFIED SWPPP DEVELOPER (QSD) OR QUALIFIED SWPPP PRACTITIONER (QSP).
5. ALL REMOVABLE PROTECTIVE BMPS SHOWN SHALL BE IN PLACE AT THE END OF EACH WORKING DAY WHEN RAIN IS IMMINENT. PERIMETER AND TRACKING BMPS SHALL BE IN PLACE AT ALL TIMES.
6. AFTER A RAINSTORM, ALL SILT AND DEBRIS SHALL BE REMOVED FROM STREETS, CHECK BERMS, AND DESILTING BASINS AND THE BASINS DRAINED WITHIN 24 TO 96 HOURS. ANY GRADED SLOPE
SURFACE PROTECTION MEASURES DAMAGED DURING A RAINSTORM SHALL BE IMMEDIATELY REPAIRED.
7. GRADED AREAS ON THE PERIMETER MUST DRAIN AWAY FROM SLOPES AT THE CONCLUSION OF EACH WORKING DAY. DRAINAGE SHALL BE DIRECTED TOWARD DESILTING FACILITIES.
8. A GUARD SHALL BE POSTED ON THE SITE WHENEVER THE DEPTH OF WATER IN A BASIN EXCEEDS TWO FEET.
9. PLACEMENT OF BMPS TO REDUCE EROSION DAMAGE ON THE PROJECT SITE MUST BE SHOWN ON THE PLAN.
10. THE CONTRACTOR SHALL BE RESPONSIBLE AND SHALL TAKE NECESSARY PRECAUTIONS TO
PREVENT PUBLIC TRESPASS ONTO AREA WHERE IMPOUNDED WATER CREATES A HAZARDOUS CONDITION.
11. ALL OFFSITE DOWNSTREAM CATCH BASINS SHALL HAVE INLET PROTECTION.12. ALL PERIMETER BMPS AND STABILIZED CONSTRUCTION ENTRANCES SHALL BE INSTALLED PRIOR TO GRADING OR DEMOLITION MOBILIZATION OR OPERATION.
13. SPOIL AND PERMITTED STOCKPILES OF SOIL SHALL BE PROPERLY CONTAINED TO MINIMIZE SEDIMENT TRANSPORT VIA RUNOFF, VEHICLE TRACKING, OR WIND.
14. THE CONTRACTOR SHALL PROVIDE EFFECTIVE SOIL COVER TO THE SATISFACTION OF THE
INSPECTOR FOR INACTIVE AREAS THAT ARE DISTURBED AND ARE NOT SCHEDULED TO BE RE-DISTURBED FOR AT LEAST 14 DAYS AND ALL FINISHED SLOPES, OPEN SPACE, UTILITY BACKFILL, AND COMPLETED LOTS.
TO BE COMPLETED BY
CONTRACTOR
90 TYP.
90 TYP.
90 TYP.
91 TYP.
91 TYP.
91 TYP.
91 TYP.
91 TYP.
91 TYP.
91 TYP.
91 TYP.
91 TYP.
91 TYP.
91 TYP.
YL-0073334 - 4701 Casa Loma
11/30/2022 Stamp for Chad Frisby, VCA CODE.
6 7
X X
X
X
X
X
X
X
X
X
X
X
X
X
7 100
31591 Camino CapistranoSan Juan Capistrano, CA 92675
www.RJMdesigngroup.com
[949] 493-2690 fax[949] 493-2600 phone
101.136.B (civTEC)
TEC
9/12/2022
STAFFTEC
CIVIL
ENGINEERING
CONSULTING
999 CORPORATE DR.
SUITE 100
LADERA RANCH, CA 92694
p: 949.463.8822
e: [email protected]
THOMAS E. CARCELLI, R.C.E. #81640
PLANS PREPARED BY:
9 9/12/2022
9/12/2022
R.
A 92694
THOMASE. CARCELLI, R.C.E.
9/
ADVENTURE PLAYGROUND
ACCESSIBILITY PATH OF TRAVEL PROJECT
CITY OF YORBA LINDA, CALIFORNIA
©
GENERAL NOTES
1. CONTRACTOR SHALL REFERENCE ARCHITECTURAL AND/OR LANDSCAPE PLANS FOR ADDITIONAL HARDSCAPE REQUIREMENTS AND DETAILS.
2. CONTRACTOR SHALL REMOVE AND DISPOSE OF EXISTING LANDSCAPE AND
HARDSCAPE IMPROVEMENTS AS NECESSARY TO CONSTRUCT IMPROVEMENTS SHOWN HEREON.
3. ALL SIDEWALKS, CURB RETURNS, AND ACCESS POINTS SHALL MEET TITLE 24 AND AMERICANS WITH DISABILITIES ACT (ADA) REQUIREMENTS.
CONTROL MAP
SCALE: 1" = 50' S
E
LADERA CIRCLE
NOTE TO CONTRACTOR:
A. CONTRACTOR SHALL BE SOLELY RESPONSIBLE FOR PROVIDING COMPLETE,
TIMELY AND ACCURATE FIELD LAYOUT OF THE PROPOSED SITE IMPROVEMENTS
INCLUDING, BUT NOT NECESSARILY LIMITED TO, HORIZONTAL AND VERTICAL
CONTROL AND DIMENSIONAL COORDINATION AS NECESSARY TO CONSTRUCT THE WORK IN ACCORDANCE WITH THE CONTRACT DOCUMENTS. THIS SURVEY
WORK SHALL BE PERFORMED BY A LICENSED LAND SURVEYOR AND SHALL
PROVIDE FOR THE SURVEY AND STAGING OF ALL CONSTRUCTION ELEMENTS
INCLUDING BUT NOT LIMITED TO BUILDING LOCATIONS, PAVING
EDGES/ALIGNMENT FENCING, WALLS, LIGHT FIXTURES, SIGNS, MOW CURBS,
SEATING, SHADE STRUCTURES, PLAY FIELDS AND APPURTENANCES, CURB AND GUTTER ALIGNMENTS, CATCH BASINS, DRAINS, ETC.
B. AN AUTOCAD-COMPATIBLE .DWG FILE OF THE PROPOSED IMPROVEMENTS
SHALL BE PROVIDED TO THE CONTRACTOR PRIOR TO THE START OF
CONSTRUCTION FOR THEIR USE IN PREPARING THE NECESSARY FIELD SURVEYING / LAYOUT OF PROPOSED IMPROVEMENTS. THE USE OF THIS DIGITAL
FILE SHALL BE THE SOLE RESPONSIBILITY OF THE CONTRACTOR AND IS INTENDED TO ASSIST THE SURVEYOR IN THE LAYOUT OF THE PROPOSED IMPROVEMENTS.THESE ELECTRONIC FILES ARE NOT CONSTRUCTION DOCUMENTS. DIFFERENCES
MAY EXIST BETWEEN THESE ELECTRONIC FILES AND CORRESPONDING HARD COPY CONSTRUCTION DOCUMENTS ISSUED FOR PUBLIC BID. IN THE EVENT
THAT A CONFLICT ARISES BETWEEN THE SIGNED OR SEALED HARD COPY
CONSTRUCTION DOCUMENTS AND THE ELECTRONIC FILES, THE SIGNED OR SEALED HARD COPY CONSTRUCTION DOCUMENTS SHALL GOVERN. THE
CONTRACTOR IS RESPONSIBLE FOR DETERMINING IF ANY CONFLICT EXISTS AND SHALL BRING ANY DISCREPANCIES TO THE PROJECT LANDSCAPE ARCHITECT'SATTENTION PRIOR TO ANY FIELD LAYOUT. BY THE CONTRACTOR'S USE OF THESE
ELECTRONIC FILES, THEY ARE NOT RELIEVED OF THEIR DUTY TO FULLY COMPLY
WITH THE CONTRACT DOCUMENTS, INCLUDING, AND WITHOUT LIMITATION, THE
NEED TO CHECK, CONFIRM, AND COORDINATE ALL DIMENSIONS AND DETAILS,
TAKE FIELD MEASUREMENTS, VERIFY FIELD CONDITIONS, AND COORDINATE THE WORK WITH THAT OF OTHER CONTRACTORS FOR THE PROJECT.
THE DIGITAL INFORMATION PROVIDED BY civTEC SHALL NOT BE USED FOR ANY
PURPOSE OTHER THAN FOR THE PROJECT DESCRIBED ABOVE AND SHALL NOT BE RELEASED TO ANY OTHER PARTY WITHOUT THE WRITTEN CONSENT OF civTEC.
THE INFORMATION CONTAINED ON THE ELECTRONIC MEDIA IS AN INSTRUMENT OF PROFESSIONAL SERVICES AND SHALL REMAIN THE PROPERTY OF civTEC.
PT. # 7
FD GEAR SPIKE W/TAG "LS5565"
PT. # 6
FD GEAR SPIKE W/TAG "LS5565"
BASIS OF BEARINGS
N00°07'20"E
306.00'
9 C-4.01
HORIZONTAL
CONTROL
PLAN
BASIS OF BEARINGS
THE BEARINGS SHOWN HEREON ARE BASED ON THE CENTERLINE OF CASA LOMA AVE. AS SHOWN ON TRACT NO. 8246, M.M. 336/42-43, BEING N 00°07'20" W, PER RECORDS ON FILE IN THE OFFICE OF THE ORANGE COUNTY SURVEYOR.
BENCHMARK
COUNTY OF ORANGE BENCHMARK DESIGNATION: 2A-50-89
DESCRIBED BY OCS 2003 - FOUND 3 3\4" OCS ALUMINUM BENCHMARK DISK STAMPED "2A-50-89", SET IN THE SOUTHEASTERLY CORNER OF A 4 FT. BY 15 FT.
CONCRETE CATCH BASIN. MONUMENT IS LOCATED IN THE NORTHWESTERLYCORNER OF THE INTERSECTION OF VALLEY VIEW AVENUE AND IMPERIAL HIGHWAY, 55 FT. NORTHERLY OF THE CENTERLINE OF IMPERIAL HIGHWAY AND 98FT. WESTERLY OF THE CENTERLINE OF VALLEY VIEW AVENUE. MONUMENT IS SETLEVEL WITH THE SIDEWALK.ELEVATION = 378.294' [NAVD88, LEVELED IN 2006] 0 10 20 40
SCALE: 1" = 20'
S
E
CASA LOMA AVENUE
ELMHURST CIRCLE
WHEEL CHAIR SPACE
- MIN. 3.0' WIDE x 4.0' DEEP
FIELD HOUSE
(49.3±) FF
ELMHURST CIR.
CASA LOMA AVE.
POINT TABLE
POINT #
6 7
100
NORTHING
2272804.392272498.392272594.62
EASTING
6083894.30
6083893.65
6083520.87
CONTROLCONTROL
4.00'
5.75'±
- MATCH EXIST.
5.75'±
- MATCH EXIST.
5.75'±
- MATCH EXIST.
5.75'±
- MATCH EXIST.
16.4'±
7.4'±
- MATCH EXIST.
13.25'±
- MATCH EXIST. 7.50'
4.00' 10.72'
4.00'
9.00'
8.50'
R12.00'
R20.74'
R19.27' R22.65'
R20.21'
R20.69'
5.75'±
- MATCH EXIST.
4.00' MIN. CLEAR
FROM EXIST. C.B.
4.00' MIN. CLEAR
FROM EXIST. C.B.
7.0'±
MATCH EXIST.
R143.58'
R20.00' R64.94'
R156.48'
8.50'
9.5'±
MATCH EXIST.
MATCH EXIST. 5.8'±
8.6'±
YL-0073334 - 4701 Casa Loma
11/30/2022 Stamp for Chad Frisby, VCA CODE.
Building the Foundation for our Future
CA License No. 927544 | Classifications: A, B, C-27, C-10 ________________________________________________________________________________________________________________________ 15148 Sierra Bonita Lane, Chino, California 91710
Phone: (909) 457-8260 Fax: (909) 457-8261 | www.kasaconstruction.com January 24, 2023
City of Yorba Linda
4845 Casa Loma Ave.
Yorba Linda, CA 92886
Project: Adventure Playground Accessible Path of Travel Project Subject: BID PROTEST
Bid Date: January 19, 2023 at 9:00 am
This letter shall be construed as a Formal Bid Protest against the apparent low bidder, Falkon Construction, Inc., for various reasons as explained below.
Falkon failed to provide a required Notarial Acknowledgement for the Contractor signee Viliami Mataele on the Bid Bond proposal page P-7. The most probable reason Falkon failed to notarize the Contractor’s signature was because their was no signature. The name of the authorized signer was printed and in addition misspelled.
It is clear that the Bid Bond was not signed and or notarized. You can see the various instances on the provided proposal were the Contractor is required to sign and have the Contractors signature acknowledged by a Public Notary. As seen here;
All other places to sign in the proposal were signed as seen here which are totally different.
Per City of Yorba Linda and Public Contract Code the Bidder shall provide a Proposal Guarantee consisting of a certified check or bid bond payable to the Agency in the minimum amount of ten percent of the total amount bid. The provided bid bond by Falkon is invalid and this alone renders the bid proposal non-responsive.
Building the Foundation for our Future
CA License No. 927544 | Classifications: A, B, C-27, C-10 ________________________________________________________________________________________________________________________ 15148 Sierra Bonita Lane, Chino, California 91710
Phone: (909) 457-8260 Fax: (909) 457-8261 | www.kasaconstruction.com Also, as I’m sure you are aware, there are a multitude of price discrepancies and illegible numbers from the unit price, extension and total. Per the City of Yorba Linda and Public Contract Code the Unit Price shall prevail.
The handwritten prices are ambiguous and hard to interpret. This will make any probable additional quantities difficult to determine, which in-turn make this proposal non-responsive.
Building the Foundation for our Future
CA License No. 927544 | Classifications: A, B, C-27, C-10 ________________________________________________________________________________________________________________________ 15148 Sierra Bonita Lane, Chino, California 91710
Phone: (909) 457-8260 Fax: (909) 457-8261 | www.kasaconstruction.com Furthermore, on proposal page P-13 the Contactor failed to provide required information as requested on the Agency’s form.
Based on the above findings, it is without a doubt that the Apparent low Bidder Falkon Construction, Inc is Non-Responsive and their Bid Proposal shall not be considered for this project. These omissions and mistakes are far from being minor informalities and irregularities and a wavier would not apply.
KASA Construction respectfully requests that the City of Yorba Linda considers the above findings and makes a fair and proper determination to deem the Bid by Falkon, NON-RESPONSIVE and Award the contract to KASA Construction Inc.
If there is any additional information needed, please do not hesitate to call me at the number below.
Respectfully,
Hector Zavala
Estimator
KASA Construction, Inc.
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CITY OF YORBA LINDA
CONSTRUCTION CONTRACT
ADVENTURE PLAYGROUND
ACCESSIBLE PATH OF TRAVEL PROJECT
1. PARTIES AND DATE.
This Contract is made and entered into this 7th day of February 2023, 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 Falkon Construction, Inc., a Corporation, with its principal place of business at 1142 S. Diamond Bar Blvd, #432, Diamond Bar, CA, 91765 (“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 accessible path of travel services required by the City on the terms and conditions set forth in this Contract. Contractor represents that it is experienced in providing accessible path of travel services to public clients, that it and its employees or subcontractors have all necessary licenses and permits to perform such accessible path of travel 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 Adventure Playground Accessible Path Of Travel 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 Adventure Playground Accessible Path Of Travel 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 Five Hundred Dollars ($500.00) 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
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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 $262,940.44 Dollars (Two Hundred Sixty Two Thousand Nine Hundred Forty Dollars and Forty Four Cents) (“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, 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. 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.
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
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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.
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
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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 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
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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 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 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.
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 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. (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:
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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-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 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
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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 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.
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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 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
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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 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
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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 that this is a Federally funded project, therefore the Davis-Bacon wage determination rates apply. (“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 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.
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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 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. 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 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 Falkon Construction, Inc.
4845 Casa Loma Avenue 1142 S. Diamond Bar Blvd, #432
Yorba Linda, CA 92886 Diamond Bar, CA 91765
Attn: Brad Skeene Attn: Viliami Mataele
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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 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.
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
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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 FALKON CONSTRUCTION, INC.
By: By:
Gene Hernandez
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
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A-1
EXHIBIT “A”
PLANS AND SPECIFICATIONS
The following plans and specifications are incorporated into this Contract herein by this reference:
ADVENTURE PLAYGROUND ACCESSIBLE PATH OF TRAVEL PROJECT
PLANS AND SPECIFICATIONS
DECEMBER 2022
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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.
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B-2
FAITHFUL PERFORMANCE BOND
FOR
ADVENTURE PLAYGROUND ACCESSIBLE PATH OF TRAVEL PROJECT
KNOW ALL MEN BY THESE PRESENTS, that FALKON CONSTRUCTION, INC., as CONTRACTOR, and as
SURETY, are held and firmly bound unto the CITY OF YORBA LINDA as AGENCY, in the penal sum of: $262,940.44 Dollars (Two Hundred Sixty Two Thousand Nine Hundred Forty Dollars and Forty Four Cents)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 , 2023.
(seal)
CONTRACTOR (CORPORATION-TYPE)
By:
PRESIDENT
By:
SECRETARY/TREASURER
NOTE: SIGNATURE OF CORPORATE OFFICIALS AND SURETY OFFICIALS MUST BE
NOTARIZED
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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
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B-4
MATERIAL AND LABOR PAYMENT BOND
FOR
ADVENTURE PLAYGROUND ACCESSIBLE PATH OF TRAVEL PROJECT
KNOW ALL MEN BY THESE PRESENTS, that FALKON CONSTRUCTION, INC., as CONTRACTOR, and as
SURETY, are held and firmly bound unto the CITY OF YORBA LINDA as AGENCY, in the penal sum of: $262,940.44 Dollars (Two Hundred Sixty Two Thousand Nine Hundred Forty Dollars and Forty Four Cents)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 , 2023
(seal)
CONTRACTOR (CORPORATION-TYPE)
By:
President
By:
Secretary/Treasurer
NOTE: SIGNATURE OF CORPORATE OFFICIALS AND SURETY OFFICIALS MUST BE
NOTARIZED
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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
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B-6
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.
Falkon Construction, Inc.
By:
Viliami Mataele
President
3
PARKS AND RECREATION DEPARTMENT
DATE: FEBRUARY 7, 2023
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: APPROPRIATION OF FUNDS INTO BLACK GOLD GOLF CLUB
IRRIGATION CONTROLLER
RECOMMENDATION
It is recommended that the City Council take the following actions:
• Appropriation $200,000 to the operating expenditure budget for emergency irrigation controller replacement; and
• Authorize the emergency/sole source purchase and replacement of the equipment, and
• Upon receipt of appropriate documents, authorize the City Manager to execute the contract.
BACKGROUND
At Black Gold Golf Club, the irrigation pump control panel is 21 years old and is no longer manufactured. As repairs have been needed, parts from other control panels have been used to keep the system operational. The control panel is currently operational but with more frequent repairs and no parts available, it must be replaced.
DISCUSSION
In order to replace this control panel there is only one company that works on these commercial pump stations and there is an 6-8 week lead time on the parts. If this control panel stops operating, there will be no means to irrigate the golf course turf and if that happens in the warmer months, all the turf could be lost. Therefore, we are requesting an emergency/sole source agreement with Variable Speed Solutions, Inc. to purchase and install the equipment.
APPROPRIATION OF FUNDS INTO BLACK GOLD GOLF CLUB IRRIGATION CONTROLLER P a g e | 2
FISCAL IMPACT
The maintenance agreement of $167,126.00 and a 15% contingency of $25,069.00 will bring the anticipated project total to $192,195.00. Staff is recommending an appropriation of $200,000 to the operating expenditure budget capital account 5010480-461040, which will be covered by the current fiscal year surplus revenues.
ALTERNATIVES
1. Reject staff’s recommendations and provide direction to staff.
ATTACHMENTS
Attachment A - Variable Speed Solutions Agreement 2-23
ORANGE\KSD\4488 BBK: DECEMBER 2003 1
CITY OF YORBA LINDA
AGREEMENT FOR MAINTENANCE SERVICES
IRRIGATION PUMP CONTROL PANEL REPLACEMENT
1. PARTIES AND DATE.
This Agreement is made and entered into this 7th day of February, 2023, by and between the City of Yorba Linda, a municipal corporation of the State of California, located at 4845 Casa Loma Avenue, Yorba Linda, California 92886, County of Orange, State of California, (hereinafter referred to as "City") and Variable Speed Solutions, a Corporation, with its principal place of business at 16182 Gothard Street, Unit I, Huntington Beach, CA 92647 (hereinafter referred to as "Contractor"). City and Contractor are sometimes individually referred to as "Party" and collectively as "Parties" in this Agreement.
2. RECITALS.
2.1 Contractor.
Contractor desires to perform and assume responsibility for the provision of certain irrigation pump control panel maintenance services required by the City on the terms and conditions set forth in this Agreement. Contractor represents that it is experienced in providing irrigation pump control panel maintenance services to public clients, that it and its employees or subcontractors have all necessary licenses and permits to perform the Services in the State of California, and that it is familiar with the plans of City.
2.2 Project.
City desires to engage Contractor to render such services for the IRRIGATION PUMP CONTROL PANEL REPLACEMENT project ("Project") as set forth in this Agreement.
3. TERMS.
3.1 Scope of Services and Term.
3.1.1 General Scope of Services. Contractor promises and agrees to furnish to the Owner all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately perform the irrigation pump control panel maintenance services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this
ORANGE\KSD\4488 BBK: DECEMBER 2003 2
Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.
3.1.2 Term. The term of this Agreement shall be from February 7, 2023 to June 1, 2023, unless earlier terminated as provided herein. Contractor shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines.
3.2 Responsibilities of Contractor.
3.2.1 Control and Payment of Subordinates; Independent Contractor.
The Services shall be performed by Contractor or under its supervision. Contractor will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Contractor on an independent contractor basis and not as an employee. Contractor retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Contractor shall also not be employees of City and 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 of Services under this Agreement 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, disability insurance, and workers' compensation insurance.
3.2.2 Schedule of Services. Contractor shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit "B" attached hereto and incorporated herein by reference.
Contractor represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Contractor's conformance with the Schedule, City shall respond to Contractor's submittals in a timely manner. Upon request of City, Contractor shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.
3.2.3 Conformance to Applicable Requirements. All work prepared by Contractor shall be subject to the approval of City.
3.2.4 City's Representative. The City hereby designates Brad Skeene, or his or her designee, to act as its representative for the performance of this Agreement ("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.
3.2.5 Contractor's Representative. Contractor hereby designates Brian Pavloff, or his or her designee, to act as its representative for the performance of this Agreement ("Contractor's Representative"). Contractor's Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this
ORANGE\KSD\4488 BBK: DECEMBER 2003 3
Agreement. The Contractor's Representative shall supervise and direct the Services, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.
3.2.6 Coordination of Services. Contractor agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times.
3.2.7 Standard of Care; Performance of Employees. Contractor shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Services. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services 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 Services, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Contractor shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Contractor's failure to comply with the standard of care provided for herein. Any employee of the Contractor or its sub-contractors who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Contractor and shall not be re-employed to perform any of the Services or to work on the Project.
3.2.8 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 Project or the Services, 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 Services. 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, 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 Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.
3.2.9 Insurance.
3.2.9.1 Time for Compliance. Contractor shall not commence Work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Contractor shall not allow any subcontractor to commence work on any subcontract until it has provided
ORANGE\KSD\4488 BBK: DECEMBER 2003 4
evidence satisfactory to the City that the subcontractor has secured all insurance required under this section.
3.2.9.2 Types of Insurance Required. As a condition
precedent to the effectiveness of this Agreement for work to be performed hereunder and without limiting the indemnity provisions of the Agreement, the Contractor in partial performance of its obligations under such Agreement, shall procure and maintain in full force and effect during the term of the Agreement, the following policies of insurance. If the existing policies do not meet the Insurance Requirements set forth herein, Contractor agrees to amend, supplement or endorse the policies to do so. (a) Commercial General Liability: Commercial General Liability Insurance which affords coverage at least as broad as
Insurance Services Office "occurrence" form CG 0001, 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. Defense costs shall be paid in addition to the limits.
The policy shall contain no endorsements or provisions
limiting coverage for (1) products and completed operations; (2) contractual liability; (3) third party action over claims or (4) cross liability exclusion for claims or suits by one insured against another; or (5) contain any other exclusions contrary to the Agreement.
(b) Automobile Liability Insurance: Automobile Liability Insurance with coverage at least as broad as Insurance
Services Office Form CA 0001 covering "Any Auto" (Symbol 1) with minimum limits of $1,000,000 each accident.
(c) Workers' Compensation: Workers' Compensation
Insurance, as required by the State of California and
Employer's Liability Insurance with a limit of not less than $1,000,000 per accident for bodily injury and disease.
3.2.9.3 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.
(A) The policy or policies of insurance required by Section
3.2.9.2 (a) Commercial General Liability shall be endorsed to provide the following:
(1) Additional Insured: The City, its officials, officers, employees, agents, and volunteers shall be additional
ORANGE\KSD\4488 BBK: DECEMBER 2003 5
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 Agreement. (2) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium.
(B) The policy or policies of insurance required by Section
3.2.9.2 (b) Automobile 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.
(C) The policy or policies of insurance required by Section
3.2.9.2 (c) 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.
3.2.9.4 Primary and Non-Contributing Insurance. All
insurance coverages shall be primary and any other insurance, deductible, or selfinsurance maintained by the indemnified parties shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions.
3.2.9.5 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.
3.2.9.6 Deductible. Any deductible or self-insured retention must be approved in writing by the City and shall protect the indemnified parties in the
ORANGE\KSD\4488 BBK: DECEMBER 2003 6
same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or self-insured retention.
3.2.9.7 Evidence of Insurance. The Contractor, concurrently with the execution of the Agreement, and as a condition precedent to the effectiveness thereof, shall deliver either certified copies of the required policies, or original certificates 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.
3.2.9.8 Failure to Maintain Coverage. 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 Agreement.
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 Services because of production lost during suspension.
3.2.9.9 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.
3.2.9.10 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.
3.2.10 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, 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: (A) adequate life protection and life saving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and
ORANGE\KSD\4488 BBK: DECEMBER 2003 7
wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.
3.2.11 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 Agreement. 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.
3.2.12 Bonds.
3.2.12.1 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 Agreement a Performance Bond in the amount of the total, not-to-exceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City.
3.2.12.2 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 Agreement a Payment Bond in the amount of the total, not-to-exceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City.
3.2.12.3 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 affected bond within 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 Agreement until any replacement bonds required by this Section are accepted by the City. To the extent, if any, that the total compensation is increased in accordance with the Agreement, the Contractor shall, upon request of the City, cause the amount of the bonds to be increased accordingly and shall promptly deliver satisfactory evidence of
ORANGE\KSD\4488 BBK: DECEMBER 2003 8
such increase to the City. To the extent available, the bonds shall further provide that no change or alteration of the Agreement (including, without limitation, an increase in the total compensation, 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 this Agreement for cause.
3.2.12.4 Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in 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.
3.3 Fees and Payments.
3.3.1 Compensation. Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "C" attached hereto and incorporated herein by reference. The total compensation shall not exceed One Hundred Sixty Seven Thousand One Hundred Twenty Six Dollars ($167,126.00) without written approval of City's Parks and Recreation Director. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.
3.3.2 Payment of Compensation. Contractor shall submit to City a monthly itemized statement which indicates work completed and hours of Services rendered by Contractor. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within 45 days of receiving such statement, review the statement and pay all approved charges thereon.
3.3.3 Reimbursement for Expenses. Contractor shall not be reimbursed for any expenses unless authorized in writing by City.
3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Contractor perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Contractor shall not perform, nor be compensated for, Extra Work without written authorization from City's Representative.
3.3.5 Rate Increases. In the event that this Agreement is renewed pursuant to Section 3.1.2, the rates set forth in Exhibit "C" shall be adjusted each year at the time of renewal in accordance with the amount of increase set forth in Exhibit "C."
3.4 Accounting Records.
ORANGE\KSD\4488 BBK: DECEMBER 2003 9
3.4.1 Maintenance and Inspection. Contractor shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Contractor shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.
3.5 General Provisions.
3.5.1 Termination of Agreement.
3.5.1.1 Grounds for Termination. City may, by written notice to Contractor, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Contractor of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Contractor shall be compensated only for those services which have been adequately rendered to City, and Contractor shall be entitled to no further compensation. Contractor may not terminate this Agreement except for cause.
3.5.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Contractor to provide all finished or unfinished Documents and Data and other information of any kind prepared by Contractor in connection with the performance of Services under this Agreement. Contractor shall be required to provide such document and other information within fifteen (15) days of the request.
3.5.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.
3.5.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:
CONTRACTOR:
Variable Speed Solutions Inc.
16182 Gothard Street Unit I
Huntington Beach, CA 92647
Attn: Brian Pavloff
CITY:
City of Yorba Linda
4845 Casa Loma Avenue
Yorba Linda, CA 92886
Attn: Brad Skeene
ORANGE\KSD\4488 BBK: DECEMBER 2003 10
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
3.5.3 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.
3.5.4 Attorney's Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney's fees and all other costs of such action.
3.5.5 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 alleged acts, omissions, negligence or willful misconduct of Contractor, its officials, officers, employees, agents, consultants and contractors arising out of or in connection with the performance of the Services, the Project or this Agreement, 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 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. Contractor's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its directors, officials, officers, employees, agents or volunteers.
3.5.6 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties.
3.5.7 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Orange County.
3.5.8 Time of Essence. Time is of the essence for each and every provision of this Agreement.
ORANGE\KSD\4488 BBK: DECEMBER 2003 11
3.5.9 City's Right to Employ Other Contractors. City reserves right to employ other contractors in connection with this Project.
3.5.10 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.
3.5.11 Assignment or Transfer. Contractor shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.
3.5.12 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Contractor include all personnel, employees, agents, and subcontractors of Contractor, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement.
The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.
3.5.13 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.
3.5.14 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.
3.5.15 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.
3.5.16 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
3.5.17 Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall
ORANGE\KSD\4488 BBK: DECEMBER 2003 12
have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
3.5.18 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Contractor shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.
3.5.19 Labor Certification. By its signature hereunder, Contractor certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.
3.5.20 Authority to Enter Agreement. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.
3.5.21 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
3.6 Subcontracting.
3.6.1 Prior Approval Required. Contractor shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. [SIGNATURES ON NEXT PAGE]
ORANGE\KSD\4488 BBK: DECEMBER 2003 13
CITY OF YORBA LINDA VARIABLE SPEED SOLUTIONS, INC.
By: By:
Gene Hernandez
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:
Rutan & Tucker LLP
City Attorney
ORANGE\KSD\4488 BBK: DECEMBER 2003
EXHIBIT "A"
SCOPE OF MAINTENANCE SERVICES
The following plans and specifications are incorporated into this Contract herein by this reference:
Pump Station Proposal as described in the Quotation Number VSS-23- 11651134585, dated January 10 2023.
ORANGE\KSD\4488 BBK: DECEMBER 2003
PUMP STATION PROPOSAL
Date: January 10, 2023
Black Gold Country Club One Black Gold Drive Yorba Linda, CA 92886 Quotation Number VSS-23- 11651134585 Quoted By: Brian Pavloff Jobsite: Black Gold Panel Replacements
Supply Power: 460/3/60
PROPOSAL SCOPE
• Equipment
2 Ea. UL Listed Variable Speed Control Panels with Standard MPC controls with single VFD drive and alternating contactors so each main motor may run XL or VFD. Built under ISO9001:2015 certification. High Flow VT Control Panel
MPC Standard Controls
• UL 508a Listed Control Panel
• Short Circuit Current Rating 100 ka
• NEMA 3R Enclosure
o 3 Point Latch
o Carbon Steel w/ Powder Coat Finish
• UL Listed heat exchanger
• 600-amp Main Fused Disconnect
• Type 1 Surge Protection w/status indicators
• Incoming Line Phase Monitor w/primary fusing
• 2 Ea. Amiad ABF Motor ¾ HP
o Class J fuses/block per contactor
o AB Contactor w/1 AB SS OL per motor
• PM Pump 3 HP
o Class J fuses/block per contactor
o AB Contactor w/1 AB SS OL per motor
• 4 Ea. Main Pump 75 HP
o 1 Ea. Danfoss Aqua Drive w/high speed JKS fuse protection 16182 Gothard #I Huntington Beach Ca. 92647 / Office 714-847-5957, Fax 714-847-5958 Package Pumping Specialists
CA Lic# 665995 INT.
ORANGE\KSD\4488 BBK: DECEMBER 2003
16182 Gothard Street Unit
I Huntington Beach
Ca.92647
Tel: 714-847-5957
Fax: 714-847-5958
3 ½% DC Input Link Reactor
Door Mounted Keypad
DTW-372 75HP 6 Year Warranty on Danfoss VFD which includes coverage against damages from momentary line or load anomalies such as lightning strikes.
o Class J fuses/block per contactor
o AB Interlocked Contactors w/1 AB SS OL per main motor • AB CompactLogix PLC Platform
• AB 10” PanelView +7 Color HMI
• Inhand Network Switch with Modem
• AB DC Power Supply
• AB “Full Size” 30 mm N4 Door Devices
o Green Illuminated Switch per pump
o System Switches: System Control, Low Discharge, VSD Bypass, PLC Bypass, Speed Pot and Red Illuminated Fault Push Button
• GFCI Outlet
• Control Power Transformer w/primary/secondary fusing
• Horn
• Alarm Light
• Flow Signal Input: Pulse
• Lake Level Controls
o HOA Selector Switch
o PNR & Probes
• Fertigation Relay
• Safeties:
o Low level shutdown
o Low discharge pressure shutdown
o High discharge pressure shutdown w/auto restart
o VSD fault with auto restart
o Solid State Overload shutdown per motor
o Phase Failure, Imbalance, and low voltage protection
NOTE: *Safeties assume all necessary probes and sensors are existing* • Operation Features
o Lamp Test Function
o Automatic alternation of pumps based on least run time o Intelligent Slow Ramp feature for automatic line fill o VFD Bypass
• 10” Color Touch screen interface
o 3 Year Flow Total Logging Day/Week/Month/Year
o Pump Run Times
ORANGE\KSD\4488 BBK: DECEMBER 2003
o Event Log
o Flow and Station Trending
o Assignable I/O
• MPC Remote Cell Monitoring w/1 Year Activation
16182 Gothard #I Huntington Beach Ca. 92647 / Office 714-847-5957, Fax 714-847-5958 Package Pumping Specialists
CA Lic# 665995 INT.
16182 Gothard Street Unit
I Huntington Beach
Ca.92647
Tel: 714-847-5957
Fax: 714-847-5958
• Remote pump station disable feature from any smart device or PC • Factory support remote access to PLC/HMI and VFD for programming and troubleshooting • nSite, MCI’s Cloud Based Solution NO SUBSCRIPTION FEE o Scheduled monthly email with flow report in Excel format o Access to one full year of pressure, flow, alarms and event data • nAlert
o Manage maintenance due dates for all aspects of maintenance on your pumping station.
o Warning light, display message and email alert when due. o Monitor and report irregular operation of irrigation system, pump system and filter system.
Instrumentation
• SS Wika Pressure Transmitter 0-250 PSIG
Low Flow Booster Control Panel
MPC Standard Controls
• UL 508a Listed Control Panel
• Short Circuit Current Rating 100 ka
• NEMA 3R Enclosure
o 3 Point Latch
o Carbon Steel w/ Powder Coat Finish
• UL Listed heat exchanger
• 30-amp Main Fused Disconnect
• Type 1 Surge Protection w/status indicators
• Incoming Line Phase Monitor w/primary fusing
• 2 Ea. Main Pump 5 HP
o 1 Ea. Danfoss Aqua Drive w/high speed JKS fuse protection 3 ½% DC Input Link Reactor
ORANGE\KSD\4488 BBK: DECEMBER 2003
Door Mounted Keypad
DTW-172 5HP 6 Year Warranty on Danfoss VFD which includes coverage against damages from momentary line or load anomalies such as lightning strikes.
o Class J fuses/block per contactor
o AB Interlocked Contactors w/1 AB SS OL per main motor • AB CompactLogix PLC Platform
• AB 10” PanelView +7 Color HMI
• Shared cellular connection with main panel
• AB DC Power Supply
• AB “Full Size” 30 mm N4 Door Devices
o Green Illuminated Switch per pump
o System Switches: System Control, Low Discharge, VSD Bypass, PLC Bypass, Speed Pot and Red Illuminated Fault Push Button
16182 Gothard #I Huntington Beach Ca. 92647 / Office 714-847-5957, Fax 714-847-5958 Package Pumping Specialists
CA Lic# 665995 INT.
16182 Gothard Street Unit
I Huntington Beach
Ca.92647
Tel: 714-847-5957
Fax: 714-847-5958
• GFCI Outlet
• Control Power Transformer w/primary/secondary fusing
• Flow Signal Input: Pulse
• Fertigation Relay
• Safeties:
o High Pump Temperature
o Low Inlet Pressure
o Low discharge pressure shutdown
o High discharge pressure shutdown w/auto restart
o VSD fault with auto restart
o Solid State Overload shutdown per motor
o Phase Failure, Imbalance, and low voltage protection
NOTE: *Safeties assume all necessary probes and sensors are existing* • Operation Features
o Lamp Test Function
o Automatic alternation of pumps based on least run time o Intelligent Slow Ramp feature for automatic line fill o VFD Bypass
• 10” Color Touch screen interface
o 3 Year Flow Total Logging Day/Week/Month/Year
o Pump Run Times
ORANGE\KSD\4488 BBK: DECEMBER 2003
o Event Log
o Flow and Station Trending
o Assignable I/O
• MPC Remote Cell Monitoring w/1 Year Activation
• Remote pump station disable feature from any smart device or PC • Factory support remote access to PLC/HMI and VFD for programming and troubleshooting • nSite, MCI’s Cloud Based Solution NO SUBSCRIPTION FEE o Scheduled monthly email with flow report in Excel format o Access to one full year of pressure, flow, alarms, and event data • nAlert
o Manage maintenance due dates for all aspects of maintenance on your pumping station.
o Warning light, display message and email alert when due. o Monitor and report irregular operation of irrigation system, pump system and filter system.
Instrumentation
• SS Wika Pressure Transmitter 0-250 PSIG
16182 Gothard #I Huntington Beach Ca. 92647 / Office 714-847-5957, Fax 714-847-5958 Package Pumping Specialists
CA Lic# 665995 INT.
• INSTALLATION
16182 Gothard Street Unit I Huntington Beach Ca.92647
Tel: 714-847-5957
Fax: 714-847-5958
ORANGE\KSD\4488 BBK: DECEMBER 2003
Services for Station Installation and Start Up – Includes Prevailing Wages • Provide labor to remove existing complete panels and demo back main power feeders. • VSS Reserves all salvage rights to all equipment removed. • Provide labor, crane, and rigging to set new panel in same location. • Provide labor and electrical to re-connect main power feeders and conduits. • Provide new seal tight conduits and conductors to all skid devices. • Provide new motor connectors.
• Provide certified start up.
• Provide written report of findings and all as left settings • Complete end user operation and maintenance training per MCI guidelines. 16182 Gothard #I Huntington Beach Ca. 92647 / Office 714-847-5957, Fax 714-847-5958 Package Pumping Specialists
CA Lic# 665995 INT.
• PRICING
ORANGE\KSD\4488 BBK: DECEMBER 2003
16182 Gothard Street Unit I Huntington Beach Ca.92647
Tel: 714-847-5957
Fax: 714-847-5958
Total Equipment and Materials Cost:. . . . . . . . . . . . . . . . . . . . . . $144,476.00 USD INT.
Above price excludes all equipment tax and freight
Prevailing Wage Installation and Start Up . . . . . . . . . . . . . . . . . . $19,750.00 USD INT.
Estimated Lead Time:
6-8 weeks following approved drawings
FOB: Dallas Texas Estimated Freight: $2,900.00 USD INT.
Freight is estimated at time of proposal and may significantly change at time of delivery based on available trucking and current rates, the above is ONLY an estimate and you will be charge for actual costs incurred.
Additional Warranty items
• Warranty Includes crane if needed
• 6-year warranty on Variable frequency drive (Includes lightning damage coverage and labor to replace)
• 6 Year Warranty on ALL COMPONENTS IN ELECTRICAL PANEL, Inclusive of power related damage such as lightning. Includes parts only.
TERMS AND CONDITIONS OF SALE
All sales by and purchases from Variable Speed Solutions Inc.., (Seller) are governed by the following terms and conditions:
1. All purchases and credits occurring after the closing date of a month will appear on the periodic statement for the next month. Payment shall be made to the Seller in U.S. currency at its offices in Huntington Beach, Orange County, California.
2. Orders regularly entered, whether verbal or written, can only be cancelled in writing by the Buyer upon terms that will compensate the Seller against loss for actual costs incurred to date.
Any additional paperwork furnished at the Buyer's request, such as sketches, drawings and specification sheets will be charged at Seller's cost.
3. Any claim for defects, damages or shortages of an order delivered must be made by the Buyer in writing and delivered to Seller within a period of ten (10) days after delivery. Failure to make such claim within the specified time constitutes an acceptance and admission that the order fully complies with the terms, conditions and specifications required. The Seller's liability shall be limited to the stated selling price of any defective goods and shall in no event include special or consequential damages, including profits (or profits lost). 16182 Gothard #I Huntington Beach Ca. 92647 / Office 714-847-5957, Fax 714-847-5958 Package Pumping Specialists
CA Lic# 665995 INT.
ORANGE\KSD\4488 BBK: DECEMBER 2003
16182 Gothard Street Unit
I Huntington Beach
Ca.92647
Tel: 714-847-5957
Fax: 714-847-5958
4. The Buyer bears the risk of loss of or damage to or destruction of the goods from the time of delivery. The Seller retains title to the goods until the Buyer pays the entire purchase price as specified plus any interest thereon. If requested by Seller, Buyer shall execute a security agreement and financing statement evidencing Seller's security interest in the goods delivered to Buyer
5. If the credit of Buyer in the judgment of the Seller becomes impaired at any time, the Seller has the right to require payment in advance before making further shipments, and to demand immediate performance of the Buyer of all obligations imposed upon him by this agreement.
6. If there is any breach of or default under this agreement and if the same is placed in the hands of an attorney for collection, or if collected by lawsuit or through the probate or bankruptcy court, or if any action of foreclosure be had hereunder, Buyer shall be liable for reasonable attorney's fees incurred by the Seller. In the event of default by Buyer, Seller may immediately proceed to enforce payment of Buyer's obligation and exercise all the rights and remedies provided by the Business and Commerce Code of the State of California, or the Uniform Commercial Code, as well as any other rights and remedies afforded to Seller by law. Should Buyer be in default, Seller may require Buyer to return all goods previously delivered to Buyer by Seller, and any subsequent expenses for retaking, holding, preparing for sale, and reselling of such goods shall be at Buyer's expense. Funds realized from such resale shall be credited to Buyer's unpaid account.
7. The Seller, or any credit bureau or investigating agency employed by the Seller, is hereby authorized to investigate the references herein listed or statements or other data obtained from the Buyer or from any other persons pertaining to the Buyer's credit or financial responsibility. The Buyer has read and understands the foregoing terms and conditions of this application for credit and has signed the same as an indication of intent to enter into an agreement with Seller for the future purchase of goods and services from time to time. The Buyer also understands that upon acceptance of this application by the Seller, this document constitutes an agreement between the Buyer and the Seller for payment of debts owed to the Seller in return for the delivery of goods ordered or performance of services requested by Buyer.
8. The terms herein contained shall be governed by the statutes of the State of California and specifically the Business and Commerce Code of the State of California and the Uniform Commercial Code. In the event that any account owing by Buyer to Seller becomes delinquent, and legal proceedings are instituted for collection of said account or indebtedness, such legal proceedings may be instituted and prosecuted against Buyer and its guarantors, if any, in any Court in Orange County, California, and the undersigned expressly agrees that venue for such proceeding shall be in Orange County, CA, even if the principal offices of the Buyer are located in another county within this state or outside of this state.
9. SELLER DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE
MERCHANTABILITY OF THE GOODS DELIVERED TO BUYER NOR THE FITNESS OF SUCH GOODS
16182 Gothard #I Huntington Beach Ca. 92647 / Office 714-847-5957, Fax 714-847-5958 Package Pumping Specialists
CA Lic# 665995 INT.