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City of Fullerton

INVITATION FOR BID

53061

ASH-WOODS AREA INFRASTRUCTURE IMPROVEMENTS

RELEASE DATE: October 2, 2026

RESPONSE DEADLINE: October 26, 2026, 1:00 pm

Please refer to the project timeline in this document for all important deadlines.

Invitation For Bid #53061 Title: Ash-Woods Area Infrastructure Improvements

Table Of Contents

1. INVITATION TO BID

2. NOTICE TO BIDDERS

3. INSURANCE REQUIREMENTS

4. PART 1 – GENERAL PROVISIONS

5. PART 2 - CONSTRUCTION MATERIALS

6. PART 3- CONSTRUCTION METHODS

7. PART 4 - EXISTING IMPROVEMENTS

8. SECTION 400 – PROTECTION AND RESTORATION

9. PART 5 – PIPELINE SYSTEM REHABILITATION

10. PART 6 – TEMPORARY TRAFFIC CONTROL

11. SECTION 601 – TEMPORARY TRAFFIC CONTROL FOR CONSTRUCTION AND

MAINTENANCE WORK ZONES

12. PART 7 – STREET LIGHTING AND TRAFFIC SIGNAL SYSTEMS

13. PART 8 – LANDSCAPING AND IRRIGATION

14. PART 10 – ASPHALT CONCRETE RECYCLING

15. SPECIAL PROVISIONS

16. BID SCHEDULE

17. BID DOCUMENT SUBMITTAL

Attachments:

A - 53061 Ash Woods Infrastructure Improvements - Bid Set Plans

B - 53061 SAMPLE BONDS & AGREEMENT

C - 53061 Special Provisions

D - Appendix A - Utility Pothole Report

E - Appendix B - County of Orange Insurance Requirements

1. INVITATION TO BID

Sealed Proposals for Ash-Woods Area Infrastructure Improvements will be received through the OpenGov

Procurement Portal until 1:00 pm on Monday, October 26, 2026, and on this same day shortly thereafter, the bidding results will be released. No Bid will be accepted unless it is submitted through the OpenGov

Procurement Portal. Results will be available on the Procurement Portal and City of Fullerton website.

SCOPE OF WORK: The Work shall consist of, but not be limited to, traffic control, water pollution control, abandoning and removing existing water main piping and appurtenances, furnishing and installing new water main piping and appurtenances, repair of the water main trench and asphalt, removing and reconstructing curb and gutter, removing and reconstructing cross gutter, removing and installing new sewer main piping, removing and constructing new sewer manholes, removing and replacing lamp manhole ring and covers, removing and replacing sewer manhole cone, ring, and covers, reconnecting existing sewer house connections, repair of the sewer main trench and asphalt, removing and reconstructing sidewalks, removing and reconstructing spandrels, and all related work.

The time of completion of contract shall be 150 as defined in the Standard Specifications for Public Works, 2024 Edition. Liquidated Damages, as defined in the referenced specifications, Section 6-9, shall be $2,700 per calendar day.

The Engineer's estimate for this project is $2,680,000.

For this contract, the contractor shall possess Class A license at the time the bid is submitted.

Contractor shall take note of the following dates and milestones. Contractor will take full responsibility for completing all precursory requirements necessary for this issuance.

Release To Bid: October 2, 2026

Question Submission Deadline: October 19, 2026, 1:00pm

Bid Submission Deadline: October 26, 2026, 1:00pm

Award of Contract: November 17, 2026

Deadline to submit contract documents: December 8, 2026

Pre-Construction Meeting: December 15, 2026

Notice to Proceed/Start Construction: December 21, 2026

Contractor shall provide all labor, materials, tools, equipment and incidentals for the work, complete in place. The Contractor agrees to commence the work and related services upon the receipt of a written Notice to Proceed from the City. It is the Contractor’s responsibility to provide sufficient and qualified personnel, equipment and materials.

Each bid must be accompanied by a bidder's bond, or certified check, or cashier's check, made payable to the

City of Fullerton, for an amount equal to at least 10% of the bid amount, such guarantee to be forfeited should the bidder to whom the contract is awarded fail to enter into the contract. A digital copy of the security shall be uploaded as part of the bid submittal with the three apparent lowest bidders required to submit original hard copies to the City within three (3) working days of bidding opening. Refer to the bid package on

OpenGov for additional information.

In addition, a Performance Bond in the amount of 100% of the bid, and a Labor and Materials Bond in the amount of 100% of the bid shall be required of the successful bidder prior to entering into a contract. The City will permit substitution of approved securities for monies retained on this project in accordance with Section

7-3.2 of the Standard Specifications for Public Works Construction ("Greenbook"), 2024.

Contractor shall provide all the required insurance to the minimum limits as defined in the Supplemental

Information to Bidders with Certificates of Insurance for each form of coverage.

No contract will be awarded to any contractor who has not been licensed in accordance with the provisions of

Chapter 9 of Division III of the State Business and Professions Code, Section 7,000, et seq. The Contractor shall possess the appropriate legal and necessary licenses required to complete the work as shown in this contract at the time the bid is submitted.

No contractor or subcontractor may be listed on a bid proposal for public works project unless registered with the Department of Industrial Relations (DIR) pursuant to Labor Code 1725.5 and Senate Bill 854.

A contractor is prohibited from working on this contract with any subcontractor who is ineligible to perform work pursuant to Section 1777.1 or 1777.7 of the Labor Code.

Apprentices: Attention is directed to sections 1777.5, 1777.6 and 1777.7 of the California Labor Code concerning the employment of apprentices by the contractor or any such subcontractor under him.

Section 4.02.010 of the Fullerton Municipal Code requires that all contractors and sub-contractors shall obtain a City Business Registration Certificate. The contract will not be executed until the contractor and sub-contractor(s) obtain such certificate from the Business Registration Office at City Hall, 303 West

Commonwealth Avenue, Room 104, Fullerton, CA 92832.

All bids are to be compared on the basis of the City Engineer's estimate of the quantities of work to be done. If the City Council makes an award, it will be to the lowest responsible bidder. For Unit Price bids, in the event there is a discrepancy between the extension and the unit cost, the unit cost will prevail.

By Resolution No. 6173, the City Council adopted the general prevailing rate of per diem wages as determined and published by the State Director of the Department of Industrial Relations, pursuant to Sections 1770, 1773, and 1773.1 of the California Labor Code. Copies of these rates, the Federal Wage Rates, and the latest revisions thereto are on file in the office of the City Engineer and are available for review upon request. The contractor shall also comply with Sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 as required by the

California Labor Code.

In the awarding of the contract, the City shall give equal opportunity to all bidders, regardless of sex, race, creed, color, national, or ethnic origin.

The City Council reserves the right to reject any and all bids, to waive any informality or irregularity in the bidding, and to accept any bid when it is to the advantage and best interest of the City to do so, by order of the City Council of the City of Fullerton.

Any questions regarding this bid package shall be submitted through the OpenGov Procurement Portal.

Stephen Bise

Public Works Director

2. NOTICE TO BIDDERS

2.1. Proposal Forms

The Bid Documents shall be fully executed and submitted on the forms in the project specifications. All information requested therein must be clearly and legibly set forth in the manner and form indicated. The

City may reject any Proposal not meeting these requirements. Unauthorized conditions, limitations, or provisions attached to a Proposal will render it informal and may cause its rejection. Alternative proposals will not be considered unless requested. Oral, telegraphic, or telephonic proposals or modifications will not be considered.

2.2. Proposal Guarantee

When required by the Bid Documents, each bidder shall submit with the Proposal, an unconditional certified or cashier's check, or a bidder's bond in the sum of the percentage of the bid stated in the Invitation to Bid, as a guarantee that the bidder will, if its Proposal is accepted, execute the Contract and furnish a satisfactory

Performance Bond, a satisfactory Labor and Materials Bond and insurance certificates, as specified.

Any Proposal not accompanied by such a guarantee will not be considered. The bidder, if awarded the Work, will enter into a contract and furnish the necessary bonds within the period stated in the specifications. In the case of refusal or failure to enter into said contract, the check or bond, as the case may be, shall be forfeited to the City. All cashier's checks or certified checks must be drawn on a responsible bank doing business in the

United States and shall be made payable to THE CITY OF FULLERTON. A bonding company admitted and licensed to do business in the State of California must issue bid bonds.

2.3. Bid Documents Signature

If the bid is made by an individual, it shall be signed and his/her full name with his/her address shall be given;

if it is made by a firm, it shall be signed with the co-partnership name by a member of the firm who shall sign his/her own name and the name and address of each member shall be given; and if it is made by a corporation, the name of the corporation shall be signed by its duly authorized officer or officers attested by the corporate seal, and the names and titles of all officers of the corporation shall be given.

2.4. Submittal of Proposal

The Proposal shall be submitted through the OpenGov Procurement Portal at https://procurement.opengov.com/portal/cityoffullerton, no later than 1:00 pm on Monday, October 26, 2026. It is the bidder's sole responsibility to see that its bid document package is received as stipulated.

2.5. Withdrawal of Proposal

The Proposal may be withdrawn by the bidder through the Procurement Portal, prior to the scheduled closing time for receipt of the Proposal.

A Proposal may only be requested to be withdrawn after the hour fixed for opening bids if documentation is provided to the City in accordance Public Contract Code Section 5100 to 5110. The City reserves the right to review and reject the request for withdrawal.

2.6. Return of Proposal Guarantees

The proposal guarantees of the second and third lowest bidders will be held until the awarded bidder has properly executed all contract documents. After the award of contract, the remaining proposal guarantees accompanying all other proposals will become null and void and returned to the unsuccessful bidders.

2.7. Taxes

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

2.8. Disqualification of Bidders

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

2.9. Discrepancies and Misunderstandings

Bidders must satisfy themselves by personal examination of the work site, plans, specifications and other contract documents, and by any other means as they may believe necessary, as to the actual physical conditions, requirements and difficulties under which the Work must be performed. No bidder shall at any time after submission of a proposal make any claim or assertion that there was any misunderstanding or lack of information regarding the nature or amount of work necessary for the satisfactory completion of the job.

Should a bidder find any errors, omissions, or discrepancies in the plans, specifications, and other contract documents or should be in doubt as to their meaning, the bidder shall notify the City by submittal of a Request for Information (RFI) at least five (5) working days prior to the bid opening, through the Question and

Answer section of the Project through the Procurement Portal. Should it be found necessary, a written addendum will be sent to all bidders. Any addenda issued during the bidding period shall form a part of the contract and shall be acknowledged in the proposal.

2.10. Items of Work

https://procurement.opengov.com/portal/cityoffullerton

Items of work not specifically listed in the bid schedule shall be included in the bid prices for related work. For all work required and shown on the construction plans and specifications for which no specific bid item or price is listed in the bid schedule, it shall be understood that such work, equipment, labor, tools, and materials shall be provided as part of the listed bid items and no additional compensation will be paid therefor.

2.11. Addenda

The effect of all addenda to the contract documents shall be considered in the bid package and said addenda shall be made part of the contract documents. Failure to acknowledge any such addenda with the Proposal may render the bid irregular and may result in its rejection by the City.

2.12. Equivalent Materials

Requests for the use of equivalents to those specified, must be submitted to the City twenty (20) working days prior to the need of such materials. Within that time, the City will issue a written response indicating approval or disapproval of such request. It is the sole responsibility of the successful bidder to prove to the City that such a material is truly an equivalent.

2.13. Legal Responsibilities

All proposals must be submitted, filed, made and executed in accordance with State and Federal laws relating to bids for contracts of this nature whether the same or expressly referred to herein or not. Any bidder submitting a proposal shall by such action thereby agree to each and all of the terms, conditions, provisions and requirements set forth, contemplated and referred to in the Plans, Specifications and other contract documents, and to full compliance therewith.

2.14. Award of Contract

The award of contract, if made, will be to the lowest responsible bidder as determined solely by the City. In no event will an award be made until all necessary investigations are made to the responsibility and qualifications of the bidder to whom the award is contemplated.

2.15. Material Guarantee

The successful bidder may be required to furnish a written guarantee covering certain items of work for varying periods of time from the date of acceptance of the work by the City. The work to be guaranteed, the form, and the time limit of the guarantee will be specified in the special provisions. Said guarantee shall be signed and delivered to the City before acceptance of the contract by the City. Upon completion of the contract, the amounts of the two required contract bonds may be reduced to conform to the total amount of the contract bid prices for the items of work to guaranteed, and this amount shall continue in full force and effect for the duration of the guarantee period. However, the Labor and Material Bond cannot be reduced until the expiration of 35 days after the date of recordation of the Notice of Completion.

2.16. Bid Protest

To be considered timely, a bid protest must be filed within the following time limits:

A. Protests based upon alleged defects, discrepancies, or improprieties in the bid documents shall be submitted to the City Engineer in writing not less than five (5) calendar days prior to the date of bid opening.

B. All other protests must be submitted in writing to the City Engineer no more than five (5) calendar days after the date of when the Bids were due to the City and results posted.

C. The written protest must set forth, in detail, all grounds for the protest, including without limitation all facts, supporting documentation, legal authorities and arguments in support of the grounds for the protest. All factual contentions must be supported by competent, admissible and credible evidence.

Any matters not set forth in the written protest shall be deemed waived. Any protest not conforming to this procedure shall be rejected as invalid.

D. The City Engineer shall review the merits and timeliness of the protest and issue a written decision to the protestant within seven (7) calendar days of receipt of the protest.

E. The decision of the City Engineer may be appealed to the City Council at the scheduled City Council meeting for award of the contract.

F. Contact Information: CIP@cityoffullerton.com

2.17. Additional Information

Reference is made to the Invitation to Bid, General Specifications and Special Provisions for additional information and requirements.

2.18. Questions to the Engineer

Questions regarding the project documents (i.e. plans, specifications, contract documents, bid forms, etc.) will be received by the Project Engineer, through the Procurement Portal, up to five (5) working days prior to the bid opening as specified in the Invitation to Bid. Questions asked of the Project Engineer after this time will not be addressed.

All questions must be submitted through the Procurement Portal.

3. INSURANCE REQUIREMENTS

The Contractor shall procure and maintain throughout the duration of this Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Contractor, his agents, representatives, employees, or subcontractors. The

Contractor shall provide current evidence of the required insurance in a form acceptable to the City and shall provide replacement evidence for any required insurance, which expires prior to the completion, expiration, or termination of this Agreement.

Nothing in this Section shall be construed as limiting in any way the Indemnification and Hold Harmless clause contained herein or the extent to which the Contractor may be held responsible for payments of damages to persons or property.

3.1. MINIMUM SCOPE AND LIMITS OF INSURANCE

See Special Provisions Specifications for any additional requirements:

A. Commercial General Liability Insurance: CONTRACTOR shall maintain commercial general liability insurance coverage in a form at least as broad as ISO Form # CG 00 01, with a limit of not less than $2,000,000 each occurrence and $4,000,000 policy aggregate. If such insurance contains a general aggregate limit, it shall apply separately to the Agreement (ISO CG 25 03 or CG 25 04) or shall be twice the required occurrence limit.

B. Business Automobile Liability Insurance: CONTRACTOR shall maintain business automobile liability insurance coverage in a form at least as broad as ISO Form # CA 00 01, with a limit of not less than $2,000,000 each accident. Such insurance shall include coverage for owned, hired and non-owned automobiles.

C. Workers' Compensation and Employers' Liability Insurance: CONTRACTOR shall maintain workers’ compensation insurance as required by the State of California and employers’ liability insurance with limits of not less than

$1,000,000 each accident.

3.2. DEDUCTIBLES AND SELF-INSURED RETENTIONS

Any deductible or self-insured retention must be declared to the City. Any deductible or self-insured retention exceeding $5,000 or 5% of the contract value (whichever is less) must be approved by the City.

3.3. OTHER INSURANCE PROVISIONS

The required insurance policies shall contain, or be endorsed to contain, the following provisions:

A. The City, its elected and appointed officials, officers, employees, and volunteers are to be covered as additional insureds with respect to liability arising out of work or operations performed by or on behalf of the Contractor, including materials, parts, or equipment furnished in connection with such work or operations; or with respect to liability arising out of automobiles owned, leased, hired, or borrowed by or on behalf of the Contractor. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10, CG 11 85 or both

CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used). Coverage shall not extend to any indemnity coverage for the active negligence of the additional insured in any case where an agreement to indemnify the additional insured would be invalid under Civil Code

§2782(b). The coverage shall contain no special limitations on the scope of its protection afforded to the City, its officers, employees, and volunteers. (Note: In lieu of a Commercial General Liability policy with this endorsement, the Contractor may supply a separate owner's policy.)

B. For any claims related to this project, the Contractor’s insurance coverage shall be primary insurance coverage as broad as ISO CG 20 01 04 13 as respects the City, its officers, employees, and volunteers and shall apply separately to each insured against whom a suit is brought, or a claim is made. Any insurance or self-insurance maintained by the City, its officers, employees, and volunteers shall be in excess of this insurance and shall not contribute with it.

C. If any coverage required is written on a “claims made” coverage form the retroactive date must be shown and this date must be before the execution date of the contract or the beginning of contract work. The insurance must be maintained for at least five (5) consecutive years following completion of the project and must thereafter, submit annual evidence of coverage. If coverage is cancelled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective date or start of work date, CONTRACTOR must purchase extended reporting period coverage for a minimum of five (5) years after completion of contract work. Additionally, CONTRACTOR shall provide copies of the claims reporting requirements contained within the policies.

D. The CONTRACTOR hereby agrees to waive rights of subrogation which any insurer of CONTRACTOR may acquire from CONTRACTOR by virtue of the payment of any loss. CONTRACTOR agrees to obtain any endorsement necessary to affect this waiver of subrogation. The Workers Compensation policy shall be endorsed with a waiver of subrogation in favor of the CITY for all work performed by the

CONTRACTOR, its employees, agents and subcontractors.

E. Builders Risk Insurance (Course of Construction): If required, CITY shall be named as a loss payee.

F. All Coverages: Each insurance policy required by this clause shall state that coverage shall not be canceled, except with notice to the CITY. Contractor agrees to oblige its insurance agent or broker and insurers to provide CITY with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. This cancellation must be provided through “NOTIFICATION TO OTHERS OF CANCELLATION

ENDORSEMENT”.

If the contractor maintains higher limits or has broader coverage than the minimums shown above, the City requires and shall be entitled to all coverage, and to the higher limits maintained by the CONTRACTOR. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

3.4. SUBCONTRACTORS

Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure the City is an additional insured on insurance required from subcontractors.

3.5. SPECIAL RISKS OR CIRCUMSTANCES

The City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage or other special circumstances.

3.6. ACCEPTABILITY OF INSURERS

All required insurance shall be placed with insurers acceptable to the City with current Best ratings of no less than A, Class VII. Workers' compensation insurance may be placed with the California State Compensation

Insurance Fund. All insurers shall be licensed by or hold admitted status in the State of California. At the sole discretion of the City, insurance provided by non-admitted or surplus carriers with a minimum Best rating of no less than A-, Class X may be accepted if the Contractor evidences the requisite need to the sole satisfaction of the City.

3.7. VERIFICATION OF COVERAGE

CONTRACTOR shall furnish the City with certificates of insurance which bear original signatures of authorized agents and which reflect insurers names and addresses, policy numbers, coverage, limits, deductibles, self-insured retentions and shall furnish copies of all policy endorsements effecting coverage required by this clause before work begins. All certificates and endorsements must be received and approved by City before work commences. Failure to obtain the required documents prior to work beginning shall not waive the

CONTRACTOR’S obligation to provide them. The City reserves the right to require at any time complete, certified copies of any or all required insurance policies and endorsements required by these specifications.

3.8. HOLD HARMLESS

The City and its agents and the City Council 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 or damage to any person or persons, either workmen, employees of the Contractor, the subcontractors, the public, or for damage to adjoining or other property, from any cause whatsoever arising out of or in connection with the performance of the work. The Contractor shall be responsible for any damage or injury to any person or property resulting from defects or obstructions or from any cause whatsoever arising out of or in connection with the performance of the work except the active negligence or willful misconduct of the City, its agents, servants, or independent contractors who are directly responsible to the City.

Further, the Contractor is obligated as follows:

A. The Contractor will defend any action or actions filed in connection with any claims, damages, penalties, obligations, or liabilities, and will pay all costs and expenses, including attorneys' fees incurred in connection therewith, resulting from the Contractor's operations and work.

B. The Contractor will promptly pay any judgment rendered against the Contractor or the City covering such claims, damages, penalties, obligations, and liabilities arising out of or in connection with such work, operations, or activities of the Contractor.

C. In the event that the City is made a party to any action or proceeding filed or prosecuted against the

Contractor for such damages or other claims arising out of or in connection with the work, operation, or activities of the Contractor, the Contractor agrees to pay to the City any and all cost and expense incurred by the City in such action or proceeding together with reasonable attorneys' fees.

D. The City may hold money that would otherwise be due the Contractor under and by virtue of the contract as shall be considered necessary by the City until disposition has been made of such actions or claims for damages as aforesaid.

4. PART 1 – GENERAL PROVISIONS

4.1.

SECTION 1 - GENERAL

Standard Specifications – The Work hereunder shall be done in accordance with the Standard Specifications for Public Works Construction ("Greenbook"), 2024 Edition, and all current supplements thereto, insofar as the same may apply and in accordance with these Special Provisions.

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

Supplementary Reference Specifications – Insofar as references are made in these Special Provisions to

"Caltrans Standard Specifications," all such work shall conform to the referenced portions of the technical provisions only of the Standard Specifications, latest edition, of the California Department of Transportation

(Caltrans), all such work shall conform to the referenced portions of the technical provisions only of said reference specification.

City of Fullerton Standard Drawings. – The City of Fullerton Standard Drawings are available on the City of

Fullerton website at the following link:

https://www.cityoffullerton.com/government/departments/public-works/engineering/general-engineering/standard-drawings

Section 1-2 TERMS AND DEFINITIONS. Wherever in these Standard Specifications the following terms are used, the definitions shall be amended to read as follows:

City/Board/Agency/Department – Refers to the City of Fullerton, California.

Days – As use in these Special Provisions, days shall mean working days; excludes Saturdays, Sundays, and

Legal Holidays.

Department – Public Works Department, Engineering Division of the City of Fullerton, California.

Director – Public Works Director of the City of Fullerton, California.

Engineer – City Engineer, or his/her designee of the City of Fullerton, California.

Highway – Highway, roadway, street, avenue, lane, boulevard, or other public thoroughfare for vehicular traffic.

Liquidated Damages – The amount prescribed in the Agreement, pursuant to the authority of Government

Code Section 53069.85, to be paid to the City, or to be deducted from any payments due or to become due https://www.cityoffullerton.com/government/departments/public-works/engineering/general-engineering/standard-drawings https://www.cityoffullerton.com/government/departments/public-works/engineering/general-engineering/standard-drawings the Contractor for each day's delay in completing the whole or any specified portion of the Work beyond the time allowed in the Special Provisions.

Standard Plans – The City of Fullerton Standard Drawings, the City of Fullerton Water Utility Specifications, the

Standard Plans of the State of California, Department of Transportation, as applicable and as specified.

State – State of California.

State Contract Act – All applicable provisions of the Public Contract Code (excluding Chapter 1, Division 2, Part

2, therein), and the Government Code, Labor Code, Civil Code, Business and Professions Code, as they apply to contracts with local public agencies, as defined in said codes.

Section 1-7 "AWARD AND EXECUTION OF THE CONTRACT" of the Standard Specifications is amended by adding the following sections:

1-7.3 Agreement, Insurance, and Bonds. The Contractor shall promptly, and not later than the 21st calendar day after project award, deliver to the City the following fully executed documents:

• Agreement - fully executed by the Contractor

• All "Insurance Requirements" constituting the insurance policies, endorsements, and certificates of insurance to be provided by the Contractor, including, but not limited to:

o Commercial General Liability Insurance o Business Automobile Liability Insurance o Workers' Compensation o Pollution Insurance/Legal Liability - as required by the project scope

• "Performance Bond" - fully executed by the Contractor

• "Labor and Material Bond" - fully executed by the Contractor

1-7.3 Failure to Provide Documents. The Contractor further acknowledges and agrees that a Notice to Proceed for the work shall NOT be effective until such time as the City has received and approved above Agreement, Insurances, Bonds, and applicable Water Pollution Control Plan (WPCP)/Storm Water Pollution Prevention

Plan (SWPPP) Documents. In the event said Documents are not received by the City, or fail to meet contract requirements, on or before time specified in Section 1-7.3, the Contractor agrees to the deduction of one (1) working day from the number of days available to achieve the Contract completion date set forth in these

Special Provisions for every day of delay in receipt by the City of the Documents. Said deduction shall be in addition to any other remedy available to the City upon the Contractor’s failure to timely provide said

Documents, including the right of the City to refuse to execute and deliver the Agreement or to take such other action as may be authorized by law.

4.2. SECTION 2 - SCOPE OF THE WORK

Section 2-2 "PERMITS" of the Standard Specifications is amended by adding the following paragraphs: The

Contractor and all subcontractors shall obtain and maintain a valid City business license. The Contractor shall also obtain a no-fee "Public Right-of-Way Construction and Encroachment Permit" from the Public Works

Department, Engineering Division. Both the permit and the license shall be valid for the entire construction period and shall be kept at the job site at all times. All provisions of the permit shall apply and shall have authority over any conditions contained herein these Special Provisions. Any costs incurred due to compliance with the permit or in obtaining a city business license or any other required permit or license shall be included in the contract cost for the work item involved and no additional payment will be made. Failure to comply with these specific licensing and permit requirements will result in withholding of any progress payment(s) to the Contractor.

The project is subject to the permit(s) requirements from the County of Orange. The permit has been issued to the City of Fullerton and is considered part of the project specifications. The Contractor shall follow all permit requirements and schedule/coordination all applicable inspections and approvals with the City Inspector and the County of Orange.

SEE SPECIAL PROVISIONS FOR ANY ADDITIONAL REQUIREMENTS.

Section 2-6 "CHANGES REQUESTED BY THE CONTRACTOR" of the Standard Specifications is amended by adding the following two sections:

2-6.1 Trades and Equipment. The Contractor shall provide to the Engineer, prior to the start of work, a list of all trades and equipment scheduled to be used on the project, and the direct labor rate and established state rental rate respectively for each.

2-6.2 Procedure and Protest. A contract change order approved by the Engineer may be issued to the

Contractor at any time. Should the Contractor disagree with any terms or conditions set forth in an approved contract change order which he has not executed, he shall submit a written protest to the Engineer within 15 days after the receipt of such approved contract change order. The protest shall state the points of disagreement and, if possible, the contract specification references, quantities, and costs involved. If a written protest is not submitted, payment will be made as set forth in the approved contract change order and such payment shall constitute full compensation for all work included therein or required thereby, such unprotested approved contract change orders as that term is used in Sections 2-8 and 2-9 of the Standard

Specifications.

Where the protest concerning an approved contract change order relates to compensation, the compensation payable for all work specified or required by said contract change order to which such protest relates will be determined as provided in Sections 2-8 and 2-9 of the Standard Specifications. The Contractor shall keep full and complete records of the cost of such work and shall permit the Engineer to have such access thereto as may be necessary to assist in the determination of the compensation payable for such work.

Where the protest concerning an approved contract change order relates to the adjustment of contract time for the completion of the work, the time to be allowed therefore will be determined as provided in Section 6-

9, "Liquidated Damages" of the Standard Specifications.

Proposed contract change orders may be presented to the Contractor for its consideration prior to approval by the Engineer. If the Contractor signifies acceptance of the terms and conditions of such proposed contract change order by executing such document, and if such change order is approved by the Engineer and issued to the Contractor, payment in accordance with the provisions as to compensation therein set forth shall constitute full compensation for all work included therein or required thereby. A contract change order executed by the Contractor and approved by the Engineer is an executed contract change order as that term is used in Sections 2-8 and 2-9 of the Standard Specifications. An approved contract change order shall supersede a proposed but unapproved contract change order covering the same work.

The Engineer may provide for an adjustment of compensation as to a contract item of work included in a contract change order determined as provided in Sections 2-8 and 2-9 of the Standard Specifications if such item of work is eligible for an adjustment of compensation thereunder.

Section 2-7.1 "General" of the Standard Specifications is amended by including the following after the first paragraph. Change order work shall not be performed without a prior written Field Order (FO) authorized by the Engineer or Contract Change Order (CCO) authorized by the Engineer. No payment will be made on any extra work until there has been a CCO issued by the City.

Section 2-8 "EXTRA WORK" of the Standard Specifications is amended by adding the following paragraph:

The Contractor shall notify the Engineer in writing of any potential Extra Work within five (5) working days.

Failure to notify shall constitute a waiver of all claims in connection therewith.

2-10 DISPUTED WORK. In lieu of Section 2-10 of the Standard Specifications, all disputed work shall conform to the requirements of Section 9-1.17D, "Final Payment and Claims" of the State Specifications.

SECTION 2 "SCOPE OF THE WORK" of the Standard Specifications is further amended by addition of the following sections:

2-11 DRAWINGS AND SPECIFICATIONS ("RECORD" DRAWINGS). At all times, the Contractor shall maintain at the project a "Record" set of Drawings and Specifications to include all executed addenda, change orders, and field orders.

Prior to each progress payment the Contractor shall deliver to the Engineer, a set of contract drawings with all applicable “as constructed” notes placed/recorded thereon. Failure to provide “as constructed” plans will cause progress payment to be withheld until information is provided to City.

After completion of the work and before final payment, the Contractor shall deliver to the Engineer a complete set of contract drawings with all applicable "as constructed" notes placed/recorded thereon. The final form and detail of these as constructed plans are subject to the acceptance of the Engineer.

2-12 MISCELLANEOUS ITEMS. The Contractor shall furnish and maintain temporary ladders, ramps, hoists, runways, chutes, barricades, etc., as required for proper execution of the work by trades and subcontractors.

All such apparatus shall meet requirements of labor laws and state or local codes applicable thereto.

The Contractor may provide such watchman services as he deems necessary to properly safeguard materials, tools, appliances, and work during all hours that operations under the contract are not being actively prosecuted. The City will not assume any responsibility for the loss of or damage to materials, tools, appliances, or work.

2-13 MARKING REMOVAL. All markings placed by the Contractor, City, and Underground Service Alert (USA) during construction shall be removed within five (5) calendar days after the conclusion of the work as directed by the city. Failure to follow requirements is subject to a $250 fine per calendar day. These markings shall include, but not be limited to, paint, stakes, and metal tags.

Payment: All costs associated with removal of markings shall be included in the bid price for the applicable bid item.

2-14 DISPOSAL. All excavated material shall be hauled to and legally disposed of at a site determined by the

Contractor. All costs associated with the disposal of all excavated materials, including any gate fees, shall be paid by the Contractor. These costs shall be included in the bid price for the applicable bid items.

Prior to any excavated material being removed from the construction site the Contractor shall notify the City as to the hauling route and destination for disposal. If the location for disposal is other than a county landfill then the Contractor shall provide the City with written permission and release of liability for the City from the owner of the property where the material will be deposited.

It is the Contractor’s responsibility to determine locations to dispose of materials and the disposal requirements of those locations. It shall be the Contractor’s responsibility to determine if the existing soil to be excavated meets suitability requirements at the disposal site and bid accordingly. The City will not be responsible for additional costs related to disposal locations requirements.

If unforeseen contamination is found in the excavated material, the Contractor shall haul the excavated material to the nearest landfill that will accept the materials. The City will only issue payment for the difference in trucking and dumping fees between the nearest active landfill and landfill that accepts the excavated material, contingent upon the Contractor providing documentation that includes, but is not limited to, proof of rejection, truck hauling tickets, and dump fee invoices to the satisfaction of the City Inspector.

The City has an exclusive agreement with Republic Services, and no other firm may provide bulk trash bins in the event the work requires this service.

4.3. SECTION 3 - CONTROL OF THE WORK

Section 3-2 “SELF-PERFORMANCE" of the Standard Specifications is amended by adding the following paragraph: The requirement for the Contractor to perform, with its own organization, Contract work amounting to at least 50 percent of the Contract Price shall be revised to 35 percent.

Section 3-5 “INSPECTION" of the Standard Specifications is amended by adding the following paragraphs: The

Contractor shall notify the City two working days in advance of the date that each inspection is needed.

A Soils Engineer selected by the Engineer shall be present at the site during any earthwork activities relating to stripping, excavation, backfill, compaction, and filling of the site in order to provide technical monitoring of these activities. The Contractor shall notify the City three working days prior to any work requiring this inspection. The number of tests and location shall be at the discretion of the Soils Engineer.

Section 3-6 "THE CONTRACTOR'S REPRESENTATIVE" of the Standard Specifications is amended by adding the following paragraph: The names, addresses, and day and night telephone numbers of the Contractor and his superintendents and foremen shall be filed with the Public Works Director, the Street Maintenance

Superintendent, and the City Police Department prior to the start of work on this contract. Emergency information forms will be included with the contract documents supplied by the City to the Contractor awarded this job. The Contractor shall complete and submit this form no later than the pre-job conference noted in Section 6-1.3.

Section 3-8 “SUBMITTALS" of the Standard Specifications is amended by adding the following paragraphs:

3-8.1 General. The Contractor shall furnish to the Engineer such working drawings, shop drawings, data on materials and equipment, and samples as are required for the proper control of the work, including, but not limited to, those working drawings, shop drawings, data and samples specifically required in Section 3-8 of the

Standard Specifications, these Special Provisions, any Technical Provisions, and on the drawings. All working drawings, shop drawings, data and samples shall be subject to review by the Engineer for conformity with the drawings and Specifications.

By submitting working drawings, shop drawings, product data, and samples, the Contractor represents that he has determined and verified all materials, field measurements, and field construction criteria related thereto, or will do so, and that he has checked and coordinated the information contained within such submittals with the requirements of the work and of the contract documents.

Data on materials and equipment include, without limitation, materials and equipment lists, catalog data sheets, cuts, performance curves, diagrams, and similar descriptive lists. Materials and equipment lists shall give, for each item thereon, the name and location of the supplier or manufacturer, trade name, catalog reference, size, finish, and all other pertinent data.

The Contractor shall not be relieved from responsibility for errors or omissions in the working drawings, shop drawings, product data, or samples by the Engineer's approval thereof.

Failure of the Contractor or its subcontractor to submit working drawings, shop drawings product data, samples and certifications to the Engineer in ample time for review shall not constitute just cause for approved extension of the construction time.

The Contractor shall allow a minimum of 15 working days for City review of the first submittal. Fifteen working days shall be allowed for City review for all subsequent resubmits. Upon completing the review, the Engineer will return two prints of each drawing to the Contractor

3-8.4 Supporting Information. Prior to starting the work, the Contractor shall prepare and submit its “Water

Pollution Control” documents per Sections 1-7.3 and 3-12.6 to the Engineer. One copy of the Water Pollution

Control documents will be maintained and updated by the Contractor on site during work.

Section 3-10 “SURVEYING” of the Standard Specifications is amended by adding the following sections.

3-10.1 General. It shall be the Contractor's responsibility to preserve the survey markings. Any additional surveying required as a result of the Contractor's negligence in preserving the horizontal and vertical control will be at the Contractor's expense either as a billing or as a deduction from the contract payment.

Section 3-12 "WORK SITE MAINTENANCE" of the Standard Specifications is amended by adding the following sections:

3-12.6.1 General. See Special Provisions section for additional requirements.

3-12.7 Vehicle Code and Roadway Operations. Pursuant to the authority contained in Section 591 of the

Vehicle Code, the City has determined that within such areas as are within the limits of the project and are open to public traffic, the Contractor shall comply with all the requirements set forth in Divisions 11, 12, 13, 14, and 15 of the Vehicle Code. Attention is directed to the statement in Section 591 that this Section shall not relieve the Contractor or any person from the duty of exercising due care. The Contractor shall take all necessary precautions for safe operation of its equipment and the protection of the public from injury and damage from such equipment.

Spillage resulting from hauling operations along or across any public traveled way shall be properly removed immediately at the Contractor's expense.

Failure or refusal by the Contractor to comply with the above-mentioned requirements shall be sufficient cause for the Engineer to order the work to be performed by other forces and the cost therein to be borne by the Contractor per Section 6-7 of the Standard Specifications.

3-12.8 Dust Control and Water. Dust control shall be accomplished in accordance with Section 3-12 of the

Standard Specifications. Adequate water trucks for dust control shall be provided and used as directed by the

Engineer. All water for dust control and for other uses during construction on this contract shall be provided for by the Contractor.

The Contractor shall use the following procedures for water usage on this project:

A. Temporary water service permits shall be obtained in the City Water Engineering Division. Deposit and permit charges shall be paid as follows:

1) Deposit charge: 1" meter $500; 3" or larger $3,074

2) Permit charge: $263

3) Relocation charge: $169

B. The meter shall be installed by the City Water Maintenance Division at an approved fire hydrant location designated by the Contractor. The meter shall be locked on the hydrant.

C. When requested by the Contractor (in advance), the City shall move the meter to another location.

Relocation request shall be made to City Water Maintenance Division and a relocation charge will be billed to their account as indicated in Section A above. Contractor shall assume two working days to complete relocation of the meter.

D. The Contractor shall provide an approved Air-Gap or Reduced Pressure Principle Assembly with the temporary meter. An Orange County Certified Tester must test the assembly prior to usage of the meter.

Relocation of the assembly will require re-certification. City Maintenance will install and test backflow and re-certify when meter is relocated.

E. The Contractor shall notify the City Water Maintenance Division when the water meter is no longer needed.

Prior to final acceptance of the project and refund of the deposit charge, the Contractor shall pay for water usage and any repairs required on the meter. If the Contractor fails to pay these charges, this amount shall be deducted from the deposit refund or from the Contractor's final invoice.

No separate payment shall be made to the Contractor for water usage or permits on this project. All costs for water and dust control shall be included in the bid item requiring this work.

3-12.9 Protection of Work and Materials

It is anticipated that storm runoff and surface nuisance water or other waters will be encountered at various times and locations during the work. Such water may interfere with the Contractor's operations and may cause damage to the project, and to adjacent or downstream properly by flooding or lateral…