CITY OF ANAHEIM

200 S. ANAHEIM BOULEVARD, SUITE 276

ANAHEIM, CALIFORNIA, 92805

CONTRACT DOCUMENTS

SPECIFICATIONS AND SPECIAL PROVISIONS

FOR

NOHL RANCH RD REHABILITATION PROJECT

FROM RURAL RIDGE RD TO ANAHEIM HILLS,

IMPERIAL HWY FROM NOHL RANCH RD TO SANTA ANA CANYON RD,

ANAHEIM HILLS RD FROM NOHL RANCH RD TO AUBURN VIEW LN & AVE BERNARDO

PROJECT NO. L284

RCP2022-19479

FISCAL YEAR 2026-2027

CARLOS CASTELLANOS, P.E. - CITY ENGINEER

THE SPECIAL PROVISIONS CONTAINED HEREIN HAVE BEEN PREPARED UNDER THE

DIRECTION OF:

Ralph Contreras, P.E. Registration No. and Stamp Public Works – Design Services Section

TABLE OF CONTENTS

Page

SPECIAL PROVISIONS

PART 1 - GENERAL PROVISIONS

SECTION 1 - GENERAL

SECTION 2 – SCOPE OF WORK

SECTION 3 – CONTROL OF THE WORK

SECTION 4 - CONTROL OF MATERIALS

SECTION 5 – LEGAL RELATIONS AND RESPONSIBILITIES

SECTION 6 – PROSECUTION AND PROGRESS OF THE WORK

SECTION 7 - MEASUREMENT AND PAYMENT

SECTION 8 – FACILITIES FOR AGENCY PERSONNEL

SECTION 9 – DESCRIPTION OF BID LINE ITEMS

PART 2 - CONSTRUCTION MATERIALS

SECTION 201 - CONCRETE, MORTAR AND RELATED MATERIALS

SECTION 203 - BITUMINOUS MATERIALS

SECTION 208 – PIPE JOINT TYPES AND MATERIALS

SECTION 214 - TRAFFIC STRIPING, CURB AND PAVEMENT MARKINGS, AND PAVEMENT

MARKERS

SECTION 220 - TRAFFIC SIGNING

PART 3 - CONSTRUCTION METHODS

SECTION 300 - EARTHWORK

SECTION 302 - ROADWAY SURFACING

SECTION 303 - CONCRETE AND MASONRY CONSTRUCTION

SECTION 314 - TRAFFIC STRIPING, CURB, PAVEMENT MARKINGS, AND PAVEMENT

MARKERS

SECTION 315 – TRAFFIC SIGNING

PART 4 – EXISTING IMPROVEMENTS

SECTION 400 – PROTECTION AND RESTORATION

SECTION 402 – UTILITIES

SECTION 403 – MANHOLE ADJUSTMENT AND RECONSTRUCTION

SECTION 404 – COLD MILLING

SECTION 405 – MICRO-MILLING

PART 6 – TEMPORARY TRAFFIC CONTROL

SECTION 600 – ACCESS

SECTION 601 – TEMPORARY TRAFFIC CONTROL FOR CONSTRUCTION AND

MAINTENANCE WORK ZONES

PART 7 – STREET LIGHTING AND TRAFFIC SIGNAL SYSTEMS

SECTION 700 – MATERIALS

SECTION 701 – CONSTRUCTION

PART 8 – LANDSCAPING AND IRRIGATION

APPENDIX

A – STANDARD PLANS

B – CONSTRUCTION INFORMATION SIGNS

C – CALTRANS PERMIT

D – TRAFFIC CONTROL PLANS

E – SPECIAL PROVISIONS PART 2B - MULTIPLE UNDERGROUND STREET LIGHT SYSTEMS

F – RIGHT OF ENTRY FORMS

SPECIAL PROVISIONS

TO THE

2024 STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION

The City of Anaheim has adopted the 2024 Edition and subsequent Supplements thereto, of the Standard Specifications for Public Works Construction (SSPWC) by Public Works Standards, Inc. as its specification for public works construction projects. All work shall be performed in accordance with the “Standard Specifications for Public Works Construction (SSPWC),” 2024 Edition, and any Supplement thereto, except as modified by these Special Provisions.

These additions, deletions, and amendments modify the specifications in the “Standard Specifications for Public Works Construction,” 2024 Edition, and any Supplement thereto.

These additions, deletions, and amendments shall take precedence in the event of a conflict with any Standard Specifications.

As a convenience, these additions, deletions, and amendments have been arranged in a format that parallels the “Standard Specifications for Public Works Construction,” 2024 Edition, and any Supplement thereto.

The SSPWC set forth above will control the General Provisions and construction methods and materials for the contract, except as amended by other contract documents. The following provisions are intended to supplement the provisions of the SSPWC unless noted otherwise. The section numbers of these provisions coincide with the section numbers of the SSPWC. Only those sections that require additions, deletions, or revisions are included herein.

Copies of the SSPWC are available from:

BNI Publications, Inc.

990 Bark Center Drive, Suite E Vista, CA 92081 Telephone (888) BNI-BOOK; (888) 264-2665 Website: www.bnibooks.com

PART 1 - GENERAL PROVISIONS

SECTION 1 - GENERAL

REVISE as follows:

1-1 GENERAL. ADD the following term:

The word provide shall mean furnish and install.

1-2 TERMS AND DEFINITIONS. MODIFY to include the following:

Acceptance, Final Acceptance – Formal action by the City acknowledging the Work is complete.

Agency – City of Anaheim.

Allowance – An amount established in the Bid by the City for the purpose of reimbursing the Contractor for its actual expenses plus the specified markup for an item of work.

As-Built Plans – As-Built Plans (aka redline drawings or As-Builts) are those prepared by the contractor as they construct the project and upon which it documents the actual locations of the improvements, building components, and changes to the original contract plans. These As-Built Plans are provided to the City Representative at the completion of construction.

Area – It is a portion or subzone within a Neighborhood as determined by the Engineer.

Balancing Change Order – A Change Order limited to the increase or decrease between the Bid quantity and the actual quantity of each Contract Unit Price.

Bid Guaranty - The cash, certified check or Bidder's surety bond accompanying the Bid as a guaranty that the Bidder will enter a Contract with the Agency for the performance of the Work.

Board – REPLACE the definition with the following:

City Council of the City of Anaheim

Calendar Day – The 24-hour day denoted on the calendar.

City – See Agency.

City Representative – The person or engineering/architectural firm City authorizes to represent it during the performance of the Work by the Contractor and until Final Acceptance. The City Representative means the City Representative or his assistants.

Clarification – Verbal or written interpretation of Contract Documents by the City Representative to clarify intent, procedures, materials, or processes with no change in contract sum or time.

Completion of Work Date - Date upon which all items of work are fully complete, inspected and approved excluding all landscape establishment and maintenance.

Contract Documents – REPLACE the definition with the following:

The Contract Documents shall be considered to also include the Instructions to Bidders, Proposal, Bid Bond, the Agreement which is prepared for execution by the City and the Contractor, Plans Specifications and Special Provisions, Contract Bonds, Change Order, Non-Collusion Declaration, Designation of Subcontractors, Equal Opportunity Certificates of Compliance, Community Workforce Agreement (CWA), Insurance Policies and Certificates, State Requirements, Federal Requirements, and any Supplemental Written Agreements or Addenda amending or extending the scope of the work originally contemplated that may be required to complete the work in a substantial and acceptable manner.

Contract Completion Days – The time in Working Days, unless specified in the proposal as calendar days, specified for completion of the Work.

County – The County of Orange.

Cost Breakdown – A Schedule of Values that lists the value/cost of every billable item in a Lump Sum item of work.

Driveway Entrance/Driveway Approach/Driveway – These terms are equal and used interchangeably.

Instructions to Bidders – The document describing and specifying the requirements for submission of the Bid, interpretation of the Bids, and award and execution of the Contract.

Engineer – REPLACE the definition with the following:

The City Engineer of the City of Anaheim or his authorized Representative.

Federal - The United States of America national government

Field Order – Authorization by City Representative to proceed with Change Order work after completion of negotiations but before the issuance of the Change Order.

Final Completion Date - The Final Completion Date shall mean the date on which all work is completed, including all landscape establishment and maintenance.

Laboratory – The laboratory authorized by the City or the City Representative to test material.

Notice of Completion – A notice filed by the City pursuant to Civil Code Section 8180.

Notice Inviting Bids – A written notice issued by the Agency inviting the submission of Bids for the Contract. Also known as the Invitation to Bidders.

Quality Assurance – Those standards, systems, processes, procedures, and activities exercised by the City and the Engineer to ensure that the Work is constructed by the Contractor in accordance with the Contract Documents.

Quality Control – Those standards, systems processes, procedures, and activities exercised by the Contractor to ensure that the Work is constructed in accordance with the Contract Documents.

Record Drawings - Drawings prepared by the Civil Engineer or Architect of Record. They are usually a compendium of the original drawings, Plan Revisions, and information taken from the Contractor’s As- Built Plans.

Request for Quotation – Contemplated revision of Contract Documents by the City requesting detailed information from the Contractor on impacts to contract sum or contract time.

State Standard Specifications – Standard Specifications issued by the State of California, Department of Transportation, 2018 Edition.

Traffic Control Devices – All signs, signals, markings, and other devices used to regulate, warn, or guide traffic, placed on, over, or adjacent to a street, highway, pedestrian facility, or bikeway, by authority of the Engineer.

Zone – It is an entire Neighborhood as shown on location maps.

1-3. ABBREVIATIONS

1-3.2 Common Usage. MODIFY to ADD the following:

Abbreviation Word or Words

CSMP Construction Site Monitoring Program

DBE Disadvantaged Business Enterprise

DIR Department of Industrial Relations

ESA Environmentally Sensitive Area

HMA Hot Mix Asphalt

NOI Notice of Intent

NTP Notice to Proceed

SMARTS Stormwater Multiple Application and Report Tracking System

SWMP Storm Water Management Plan

SWRCB State Water Resources Control Board

WPC Water Pollution Control

WPCP Water Pollution Control Program

WDID Waste Discharge Identification Number

DELETE the abbreviation of MUTCD and SUBSTITUTE with the following:

MUTCD California Manual on Uniform Traffic Control Devices

1-3.3 Institutions. MODIFY to ADD the following:

Abbreviation Word or Words

AI The Asphalt Institute

APWA American Public Works Association

AREMA American Railway Engineering and Maintenance of Way Association

CRSI Concrete Reinforcing Steel Institute

NFPA National Fire Protection Association

PCA Portland Cement Association

UBC Uniform Building Code, Pacific Coast Building Officials Conference of the International Conference of Building Officials

1-6 BIDDING AND SUBMISSION OF THE BID.

1-6.1 General. ADD the following after the first paragraph:

The Contractor acknowledges, as precedent to submission of its Bid, that it has satisfied itself as to the nature and location of the Work, the general and local conditions, conditions of the Work site, availability of labor, electric power, water and the surface and subsurface materials on the Work site, the type and capability of equipment needed, and all other matters which may in any way effect the Work or the Contract Price. Failure of the Contractor to acquaint itself with all the available information pertaining to existing Work site conditions will not relieve it from responsibility for the difficulties or cost of the Work.

1-6.2 Subcontractor Listing.

ADD the following after the last paragraph:

Contractor shall certify and provide proof that all Subcontractors to be employed under this contract are properly registered with the Department of Industrial Relations as required by California Law.

Documentable proof of proper registration with DESIGNATION OF SUBCONTRACTORS form duly completed are required to be submitted along with the bid proposal forms and failure to comply with this provision may be deemed sufficient to render the Contractor’s bid non-responsive.

1-7 AWARD AND EXECUTION OF THE CONTRACT.

1-7.1 General. DELETE in its entirety and SUBSTITUTE with the following.

Award and execution of the Contract shall be as specified in the Instructions to Bidders and the following:

Bid bonds shall be prepared on the City’s Bid Bond form. Failure to use the City’s standard form may result in the Bid being found non-responsive.

The award of the Contract, if awarded, will be made to the lowest responsible, responsive, and qualified Bidder whose Bid Proposal complies with all the prescribed requirements. Such award, if made, will be made within ninety (90) Days after the opening of the Bid Proposals and the Bidder shall hold its Bid Proposal open to the City for said ninety (90) Day period. Until an award is made, the right will be reserved to reject any or all Bids, and to waive technical errors or discrepancies, if to do so is deemed to best serve the interest of the City.

In selecting the lowest responsible, responsive, and qualified Bidder, consideration will be given to the Bidder’s financial standing, its general competency and capacity for the performance of the Work covered by the bid proposal and the size of previous jobs Contracts satisfactorily completed by him, as well as whether he it has breached any terms of Public Works contracts he has entered in the past.

Bidders may be required to present satisfactory evidence that they have been regularly engaged in the business, or are reasonably familiar therewith, and that they are fully prepared with the necessary capital, materials, and equipment machinery to complete the Work to be contracted for, to the satisfaction of the Board. Each Bidder must be prepared to furnish, at the time of opening of the Bids, a certified copy of his its financial statement.

Failure to execute the Contract and file acceptable Bonds, as specified in Section 1-7.2, and insurance certificates, as specified in 5-4, shall be just cause for the annulment of the award and the forfeiture of the Bid Bond. Transfers of contract, or of interest in contracts, are prohibited.

The Contractor shall possess a valid California Contractor’s and other business licenses required by law with respect to the Work to be performed under this Contract prior to the start of construction and shall certify to the City that they are properly licensed.

Upon determination of the lowest responsive and responsible Bidder, the Agency will recommend to the Board award of the Contract to that Bidder. Upon award of the Contract by the Board, the Agency will issue a Notice of Award to the Contractor.

The Contractor shall promptly, and not later than the twenty first (21st) Day after receipt of the Notice of Award, deliver to the City the following documents:

a) One (1) notarized original of the Agreement on the City’s form. Evidence must be attached showing that the signatures are of person(s) who have the authority to bind the Contractor to the Agreement.

b) One (1) original of the Labor and Material Bond on the City’s form duly executed by your firm and surety. All signatures must be notarized.

c) One (1) original of the Faithful Performance Bond on the City’s form duly executed by your firm and surety. All signatures must be notarized.

d) One (1) original certificate of insurance (duly executed by insurers) evidencing coverage required by the Contract.

1) An additional insured endorsement (separate forms) to the general liability and automobile liability insurance policy naming the City of Anaheim, its officers, agents, employees, representatives, and volunteers are also required and said endorsement must bear the wet signature of an authorized representative of the insurance company.

2) The endorsement must also contain a statement that thirty (30) days' notice must be given to the City of any change or cancellation of the policy.

e) Resume of proposed Superintendent to include qualifications and references.

f) Preliminary Baseline Construction Schedule pursuant to Section 6-1 as evidence of the

Contractor’s ability to accomplish the Work of the project within the required Contract time.

g) One copy of the Letter of Assent (Attachment A to the Community Workforce Agreement) signed by the Prime Contractor, if applicable. Letters of Assent by Subcontractors and all others covered by the CWA shall be submitted in accordance with the deadlines prescribed in Section 1-7.4

h) Cost Breakdown (schedule of values) for Contract lump sum bid items, if applicable.

1-7.2 Contract Bonds. ADD the following after the first paragraph:

Bonds shall be duly executed by a solvent surety company that is authorized by the State of California, is listed in the United States Department of the Treasury's Listing of Approved Sureties (Treasury Circular 570) (https://fiscal.treasury.gov/surety-bonds/circular-570.html) and is satisfactory to the Agency.

ADD the following:

1-7.3 Department of Industrial Relations (DIR) Registration. This Project is subject to compliance monitoring and enforcement by the DIR. No Contractor or Subcontractor may be listed on a Bid Proposal for a public works project (submitted on or after March 1, 2015) unless registered with the DIR pursuant to Labor Code section 1725.5 (with limited exceptions from this requirement for Bid purposes only under Labor Code section 1771.1(a)). No Contractor or Subcontractor may be awarded a contract for public work on a public works project registered with the DIR pursuant to Labor Code section 1725.5.

The Contractor shall certify and provide proof that the Subcontractors it lists in its Bid Proposal, and those not required to be listed in the Bid Proposal pursuant to Public Contract Code 4100-4114, but listed as required in 3-3, are currently registered with the DIR. Documented proof shall be submitted with the Proposal. Failure to submit may result in the Contractor’s Bid being found non-responsive.

ADD the following:

1-7.4 Community Workforce Agreement. The City has entered into a Community Workforce Agreement (CWA) with the Los Angeles/Orange Counties Building and Construction Trades Council and the Signatory Craft Councils and Local Unions. The CWA is a pre-hire collective bargaining agreement that establishes labor relations procedures. Among other provisions, the CWA addresses:

requirements for craft employment including specific goals for the employment of local hires, work stoppages and lockouts, jurisdictional disputes, and settlement of grievances and disputes.

When a project is deemed covered “Project Work” as defined in the CWA, the awarded Contractor, subcontractors, and all others covered by the CWA, regardless of tier shall agree to be party to and bound by the CWA by signing a Letter of Assent (a form attached to the CWA as Appendix A).

The CWA is incorporated by reference in the Construction Contract and can be accessed on the City’s website at: http://anaheim.net/229/Public-Works

a) Assent by Prime Contractor

An authorized representative of the Prime Contractor shall sign the Letter of Assent evidencing the Prime Contractor's agreement to be party to and bound by the terms and conditions of the CWA for the duration of the work contained in this Contract and submit it to the City not later than the 21st calendar day after receipt of notice of award. The Prime Contractor will be subject to the conditions outlined in the section titled Failure to Deliver by Document Deadline Date in this Special Provision.

b) Assent by Subcontractors and All Others Covered by the CWA

At the time the awarded Prime Contractor enters into a subcontract with any subcontractor of any tier providing for the performance of Project Work, the Prime Contractor shall provide a copy of the CWA to said Subcontractor and shall require the Subcontractor, as a part of accepting the award from the Prime Contractor, to agree in writing in the form of the Letter of Assent to be bound by each and every provision of the CWA prior to the commencement of Project Work. No Prime Contractor or subcontractor shall commence Project Work without executing a Letter of Assent and submitting copies in accordance with the procedures outlined in the CWA.

Subcontractors and all others covered by the CWA shall submit signed Letters of Assent at the earliest of the following: 1) at the mandatory Pre-Job Conference described in Sections 8.4 and 16.1 of the CWA, 2) within 48 hours after the award of the work contained in this Contract to the awarded Contractor, or 3) no later than 48 hours prior to the time the subcontractor desires to gain site access and commence work at the site. Access to the site includes initial mobilization of equipment and materials.

c) Prime Contractor’s CWA Administration Costs

All costs associated with the Prime Contractor’s administration of and compliance with the CWA shall be included in its bid proposal. The bid amount shall be an allowance used by the Prime Contractor for all work associated with fulfilling its obligations to comply with the policies and procedures prescribed in the CWA, including working with the City’s designated CWA Administrator to ensure full compliance with the CWA. No additional compensation will be allowed.

SECTION 2 – SCOPE OF WORK

ADD the following:

2-1.1 Project Scope and Limits.

This project is funded by restricted transportation funds. The work consists of rehabilitating the roadway by removing and reconstructing the asphalt concrete pavement within the existing right of way with asphalt concrete pavement at Nohl Ranch Road from Rural Ridge Dr to 200’ E/O Anaheim Hills Road; 0.6 mile of Imperial Highway from 200’ S/O of Nohl Ranch Rd to Santa Ana Canyon Rd; 0.3 mile of Anaheim Hills Rd from Nohl Ranch Rd to Auburn View Lane, and Ave Bernardo, removal and reconstruction of ADA access ramps, driveway approaches, curb, curb and gutter, sidewalk, replacement and adjustment of utility structures and pull-boxes, replacement of traffic detection devices, striping, signage, pavement markings, and all appurtenant work thereto necessary for the proper construction of the proposed improvements in accordance with the Project’s Plans and Specifications.

Ave Bernardo Residential Street – The Contractor shall coordinate with the Engineer and the Operations Division for the scheduling and execution of the two (2) inch removal and replacement of asphalt concrete pavement on Ave Bernardo. No additional compensation will be allowed for such coordination.

City of Anaheim Public Works Patrick Kelley Operations Division Construction Contracts Administrator

(714) 765-6935

2-2 PERMITS. DELETE 1st paragraph and SUBSTITUTE with the following:

Prior to the start of any Work the Contractor shall obtain all the applicable City permits and arrange for City inspections. The City will issue the permits at no charge to the Contractor. The contractor must hold a General A contractor’s license for right of way construction and/or specific on-site scope of work license type with the State of California. The Contractor and all Subcontractors shall each obtain a City business license and shall be licensed in accordance with State Business and Professions Code. The Contractor and all Subcontractors shall keep current all City business licenses current and shall not lapse over the project duration. The Contractor shall also obtain and pay for all other permits, licenses, inspections, certificates, or authorizations required by any governing body or entity.

The Contractor and Subcontractors acknowledge that the City of Anaheim, per Anaheim Municipal Code Section 3.04.050, does impose upon the businesses, trades, professions, calling, understand it and occupations specified in the code, license taxes in the amounts prescribed in the code. It is unlawful for any person to transact and carry on any business, trade, profession, calling, or occupation without first having procured a license from the City and then complying with all applicable provisions of the code. Contractor license fees shall be as prescribed by the Anaheim Municipal Code Section 3.24.010.

If the Work extends through or into an adjacent city, county, railroad right of way, or Caltrans, the Contractor shall obtain and pay any required fee for a Permit or Rider to the Permit.

The Contractor shall obtain permits from the following Agencies:

a) Caltrans District 12

The Contractor shall obtain all necessary permits for the discharge or disposal of any ground or surface water in accordance with the California Regional Water Quality Control Board Regulations.

2-2.1 Caltrans Encroachment Permit. For Work required within the State of California Department of Transportation (Caltrans) right-of-way, an Encroachment Permit has been obtained by the City and is included herein, unless otherwise specified. By submitting a Bid, the Contractor acknowledges that they have reviewed the Encroachment Permit and have included all costs in their Bid. However, the Contractor shall submit to Caltrans, a signed application requesting a separate Permit (Rider) authorizing the Contractor to perform the Work within the Caltrans right-of-way for the City. The Contractor shall be required to pay any fees for this Permit and any bonds required by Caltrans. Payment for this requirement shall be considered as included in the prices in the Bid items for the appropriate items of Work.

2-3 RIGHT OF WAY. DELETE the 1st sentence and SUBSTITUTE with the following:

Rights of way, easements, agreements, licenses, or rights of entry (all referred to as right of way) for the Work have been provided by the City. Temporary right-of-way to construct one or more portions of the Work may also have been acquired by the City. The Contractor shall comply with all the terms and obligations related to the physical use of the temporary right of way and its eventual return of the property to the owner.

Work in the public right of way shall be done in accordance with the requirements of the permit issued by the public agency in whose right of way the Work is located in addition to conforming to the Contract Documents. If a permit or traffic control plan is not required, the Work shall conform to the standards set forth in the MUTCD.

The Contractor or his employees shall not use private property water or electricity from such property.

The Contractor shall obtain permits for temporary water or electricity from the City if required.

The Contractor shall comply with all applicable federal, state, and local laws, ordinances, codes and regulations in performing any work or doing any activity on lands outside the public rights of way.

The Contractor, and any Subcontractors, shall limit all construction activity and operations within the City right-of-way. The Contractor shall, prior to conducting Work on any occupied property within the area of the Work, confirm with the Engineer the location of the City’s right-of-way, and the extent of any applicable temporary construction easements, which serve as the permissible bounds of construction activity. No person, or construction activity, shall pass beyond or engage in any construction-related activity outside of the defined temporary construction easements. The Contractor shall monitor its personnel, and the personnel of its Subcontractors, to assure compliance with this provision. The prohibition on construction-related activity beyond the defined City right-of-way and temporary construction easements includes Work for the sidewalk, landscaping and slough walls, etc., and extends to prohibit storage of materials or vehicles, including parking or storage of vehicles of employees, and any utilization of private property for staging, storage, or any other purpose unless the Contractor obtains written permission from the private property owner and provides a copy to the City.

The Contractor shall hold harmless, indemnify, and defend the City, the Engineer and each of their officers, employees, and agents from all claims or suits for damages occasioned by such work or activity, whether done according to this section and with permission from the City or in violation of this section without permission from the City. To the maximum extent permitted by law, all obligations of the Contractor stated in 5-4 shall apply in the case of any such claims or suits.

The project-specific temporary rights of entry required for the Work are identified in Appendix F – Right of Entry Forms and include the following properties:

• 5315 E. Rural Ridge Circle (APN 363-073-01)

• 5321 E. Rural Ridge Circle (APN 363-074-01)

• 5423 E. Willowick Circle (APN 363-141-03)

• 6005 E. Brighton Lane (APN 363-321-02)

• 440, 446, 450, and 456 S. Anaheim Hills Road (APN 356-181-19)

• 400 S. Anaheim Hills Road (APN 356-181-22)

• 205–582 S. San Vicente Lane (APN 356-181-31)

• 340 S. San Vicente Lane (APN 356-181-27)

The Contractor shall coordinate all work within these temporary rights of entry with the Engineer and shall comply with all restrictions, conditions, and requirements applicable to each property.

2-4 COOPERATION AND COLLATERAL WORK. DELETE in its entirety 4th paragraph and

SUBSTITUTE with the following:

Nothing in the Contract shall be interpreted as granting to the Contractor exclusive occupancy of the site of the project. The Contractor must ascertain to his own satisfaction the scope of the project and the nature of any other contracts that have been or may be awarded by the City in the construction of the project, to the end that the Contractor may perform this Contract in the light of such other constraints, if any.

The Contractor shall not cause any unnecessary hindrance or delay to any other contractor working on or adjacent to the project. If the performance of any Contract for the project is likely to be interfered with by the simultaneous performance of some other contract or contracts, the Engineer will decide which contractor shall cease work temporarily and which contractor shall continue or whether the work under the contracts can be coordinated so that the Contractors may proceed simultaneously. On all questions concerning conflicting interest of Contractors performing related work, the decision of the Engineer shall be binding upon the affected Contractors.

The City, the Engineer, the City Representative, and each of their officers, employees, and agents shall not be responsible for any damages suffered or extra costs incurred by the Contractor resulting directly or indirectly from the award of performance or attempted performance of any other contract or contracts on the project or caused by a decision or omission of the Engineer respecting the order of precedence in the performance of the contracts.

If, through acts of neglect on the part of the Contractor, any other contractor or any subcontractor shall suffer loss or damage on the Work, the Contractor agrees to settle with such other contractor or subcontractor by agreement or arbitration, if such other contractor or subcontractor will so settle. If such other contractor or subcontractor shall assert any claim against the City, the Engineer, the City Representative, or their consultants because of any damage alleged to have been so sustained, the City will notify the Contractor. To the maximum extent permitted by law, all obligations of the Contractor stated in 5-4.2 shall apply in the case of the assertion of any such claims or liabilities against the City, the Engineer, the City Representative and each of their officers, employees, and agents against any such claim.

The Contractor shall cooperate with property owners, various utility companies, Subcontractors, and other interested parties within or adjacent to the limits of the work specified herein.

It shall be the responsibility of the Contractor to schedule its work and that of its Subcontractors to produce a smooth flow of work in a competent manner. All Contractors on this project shall cooperate with each other scheduling their work.

2-4.1 Coordination with Other Owners, Agencies, and Utility Agencies. The Contractor shall be responsible for ascertaining that the coordination of all adjustments of utility structures or facilities to finished grade to be performed by other owners, agencies, and utility purveyors. Utility structures or facilities shall include but not be limited to manhole frame and cover, water valve boxes, vaults, gas valves, and other utility facilities, necessary to be adjusted in a timely manner to maintain the construction schedule (orderly sequence of work and scheduled project completion), optimize efficiency, and not cause delay. Should it become necessary to work simultaneously with other utility agencies, the Contractor shall deploy its work force to other parts of the work while simultaneously accommodating the utility agencies to perform the adjustments.

The Contractor shall make good faith effort to contact the following agencies and coordinate schedule of the adjustment of the utilities or facilities (adjustment of utilities and facilities to be performed by the following agencies) and coordinate completion of all necessary work involved, prior to City acceptance of this project.

Underground Service Alert (800) 227-2600

City of Anaheim Water Stewart Noble

(714) 765-4591

City of Anaheim Electrical Manny Soto

(714) 765-4271

City of Anaheim Traffic Division (951) 751-4615

AT&T Khalil Jifri

(951) 367-7614

The Contractor shall coordinate with AT&T for the scheduling of manhole adjustments. Contact and coordinate two (2) weeks prior to the beginning of construction.

Southern California Gas Company Jose Escutia Distribution (213) 231-7595

Contractor shall contact SoCalGas franchise planning lead, Jose Escutia, at jescutia@socalgas.com or

(714) 231-7595 a minimum of 48 hours prior to commencing work to coordinate required utility activities.

Metropolitan Water District OC System Protection Office

(714) 577-5084

No compaction equipment in vibratory mode may be used within 25 feet of the centerline for MWD’s 109 inch diameter welded steel Allen McColloch pipeline. Contractor shall contact Metropolitan Water District’s OC System Protection office at (714) 577-5084 or ocsystemprotection@mwdh2o.com, at least three business days prior to starting any work.

Orange Unified School District Ramon Sanchez Interim Facilities Director

(714) 628-5791 rsanchez@orangeusd.org

The Contractor shall coordinate construction activities adjacent to Orange Unified School District facilities to ensure student and parent drop-off and pick-up traffic is not adversely impacted. The Contractor shall maintain the work area in a safe and secure condition throughout the duration of the Work. All coordination shall be through the Engineer. No additional compensation will be allowed for such coordination.

It is the intent of this section to clarify that this is “to communicate the work to other utility agencies and utility owners for the purpose of maintaining schedule and not to be interpreted by the Contractor that he/she will be performing the actual adjustment”. Should the Contractor or bidder be in doubt as to the meaning or intent of any part thereof, he/she must contact the City or request for clarifications in writing on OpenGov prior to the Pre-Bid Question deadline.

Payment for conformance to the requirements of this Section, to coordinate Adjustment of Utility Structures or Facilities to Grade (Adjustment of Utility Structures or Facilities to be Performed by Utility Owner, including unforeseen adjustments to be performed by other agencies, that will require the Contractor to communicate and coordinate with other utility agencies, as directed by the City, shall be deemed to be included in the various items of work (unless specifically specified under a separate bid item). No additional compensation will be allowed therefore.

2-5 THE CONTRACTOR’S EQUIPMENT AND FACILITIES.

2-5.1 General. MODIFY to ADD the following:

Only equipment and plants suitable to produce the quality of work and materials required will be permitted to operate on the project. Such equipment and plants shall be maintained in a good state of repair during the process of the Work. No obsolete or badly worn equipment and plants shall be used. The manufacturer’s ratings shall not be exceeded.

Plants shall be designed and constructed in accordance with general practice for such equipment and shall be of sufficient capacity to ensure a production rate of sufficient material to carry to completion within the time limit(s) specified in the Contract Documents, if any.

The Contractor’s trucks shall have the company name or logo and all vehicles and equipment shall be in good condition and appearance.

The Contractor, when requested by the Engineer, shall remove unsuitable equipment from the work site and discontinue the operation of unsatisfactory plants and equipment.

2-5.2 Temporary Utility Services. MODIFY to ADD the following:

The Contractor shall be responsible to provide all of their utility needs as part of the various items of work.

The Contractor shall obtain water service/meter application and permit as required by the City of Anaheim- Public Utilities. Water service and meter application can be obtained at the 6th floor, 201 S. Anaheim Blvd., Anaheim, CA 92805. Application must be filed within a week after award of this contract. Allow a minimum of two weeks for the City of Anaheim-Public Utilities to process applications prior to meter installation. The permit fee is waived by the City for water service and meter installation only. The Contractor shall contact Water Engineering at (714) 765-5196 or WEngineering@anaheim.net for additional information.

The Contractor shall be responsible for payment of all billings for water and electrical service for the planting and maintenance of the landscaping of the various areas shown on the plans until such time as the City accepts the Landscaping and Irrigation Systems.

2-6 CHANGES REQUESTED BY THE CONTRACTOR. ADD the following after the 1st paragraph:

The Contractor may initiate changes by submitting a written Change Order Request to the Engineer containing:

a) Description of the proposed changes.

b) Statement of the reason for making the changes.

c) Reference applicable specifications sections and specific plans in support of the request.

d) Statement of the effect on the Contract Price and Contract time.

e) Statement on the effect on the work of separate subcontractors.

f) Documentation supporting any change in Contract Price or Contract time as appropriate.

No change shall be made to the Plans and Specifications, except as directed by the Engineer in writing.

2-7 CHANGES INITIATED BY THE AGENCY.

2-7.1 General. DELETE the 1st paragraph and SUBSTITUTE with the following:

The Agency may change the Plans, Specifications, character of the work, or quantity of work under the Contract.

2-7.2 Balancing Change Order. Throughout the duration of the Contract, the Contractor shall perform field measurements and associated calculations documenting the quantity of each Contract Unit Price Bid item. The Contractor shall submit the documentation to the Engineer each month prior to the date for request of the progress payment. The Engineer will independently measure and calculate the quantities.

In the case of a difference in the quantities, the quantity calculated by the Engineer shall prevail. Upon completion of the Work per 3-13.1, the Contractor and the Engineer shall meet to discuss the final quantities of each Contract Unit Price Bid item. If the quantity of each item cannot be agreed upon, the quantity determined by the Engineer shall prevail.

After determination of the final quantities, the Agency will issue a Balancing Change Order for the difference between the Bid quantity and final quantity of each Contract Unit Price Bid item constructed in accordance with the Contract Documents and the associated adjustment in the Contract Price per 7-3.5.

2-10 DISPUTED WORK. DELETE the 2nd sentence and SUBSTITUTE with the following:

Payment shall be as later determined by 7-3, 7-4, if the Agency and Contractor agree thereto, or as fixed in a court of law.

Any claims submitted by the Contractor against the Agency for Work covered by this Contract in the amount of $375,000 or less shall be subject to the procedures specified in Public Contract Code § 20104, et seq.

ADD the following:

2-11 RESOLUTION OF CONSTRUCTION CLAIMS. Contractor claims are subject to the procedures specified in Public Contract Code § 9204.

2-11.1 Claims Submission and Documentation. The Contractor may submit a claim concerning a matter properly noticed in accordance with the requirements of this Contract.

The Contractor shall furnish all claim documentation as specified herein no later than thirty (30) Calendar Days after the event or situation causing the claim has been overcome. Failure by the Contractor to furnish the required claim documentation within the time set forth above shall constitute a waiver of the Contractor's right to compensation for such claim.

The Contractor shall furnish three (3) certified copies of the required claim documentation. The claim documentation shall be complete when furnished. The evaluation of the Contractor's claim will be based upon City of Anaheim project records and the Contractor's furnished claim documentation.

Claim documentation shall conform to Generally Accepted Accounting Principles and shall be in the following format:

a) General Introduction

b) General Background Discussion

c) Index of Issues (listed numerically). For each issue

1) Background

2) Chronology

3) Contractor's position (reason for City's potential liability)

4) Supporting documentation of merit or entitlement

5) Supporting documentation of damages

6) Begin each issue on a new page.

d) All critical path method schedules, both as-planned, monthly upda t es , schedule revisions, and as-built along with the digital copies of all schedules related to the claim.

e) Productivity exhibits (if appropriate)

f) Summary of Issues and Damages

Supporting documentation of merit for each issue shall be cited by reference, photocopies, or explanation. Supporting documentation may include, but shall not be limited to, general conditions;

general requirements; technical specifications; drawings; correspondence; conference notes; shop drawings and submittals; shop drawing logs; survey books; inspection reports; delivery schedules; test reports; daily reports; subcontracts; fragmentary CPM schedules or time impact analyses; photographs;

technical reports; requests for information; field instructions; and all other related records necessary to support the Contractor's claim.

Supporting documentation of damages for each issue shall be cited, photocopied, or explained.

Supporting documentation may include, but shall not be limited to, any or all documents related to the preparation and submission of the bid; certified, detailed labor records including labor distribution reports;

material and equipment procurement records; construction equipment ownership cost records or rental records; subcontractor or vendor files and cost records; service cost records; purchase orders;

invoices; project as-planned and as-built cost records; general ledger records; variance reports;

accounting adjustment records; and any other accounting materials necessary to support the Contractor's claim.

Each copy of the claim documentation shall be certified by a responsible officer of the Contractor in accordance with the requirements of these Special Provisions.

Should t h e Contractor be unable to support any part of the claim and it is determined t h a t such inability is attributable to falsity of such certification or misrepresentation of fact or fraud on the part of the Contractor, the Contractor shall be liable to the Owner as provided for under California Government Code Section 12650 et. seq.

2-12 MEETINGS. The Contractor shall attend and participate in all meetings scheduled by, or at the request of the Engineer. These include, but are not limited to, a regularly scheduled weekly on-site meeting for the purposes of the management of the construction and Work site operations. The Contractor shall make available those resources, reports and records necessary to effect timely and productive management meetings.

SECTION 3 – CONTROL OF THE WORK

3-1 ASSIGNMENT. REVISE to include the following:

The performance of the Contract may not be assigned, except upon the written consent of the City.

Consent will not be given to any proposed assignment that would relieve the original Contractor or its Surety of their responsibilities under the Contract, nor will the City consent to any assignment of any part of the Work under the Contract.

Assignment of this Contract shall contain a provision that the funds to be paid to the assignee under the assignment are subject to a prior lien for services rendered or materials supplied for performance of the work called for under the Contract in favor of all persons, firms, or corporations rendering such services or supplying such materials.

3-2 SELF PERFORMANCE.

DELETE the 1ST sentence and SUBSTITUTE with the following The Contractor shall perform, with its own organization, Contract work amounting to at least 30 percent of the Contract Price except that any designated "Specialty Items" may be performed by subcontract and the amount of any such "Specialty Items" so performed will be deducted from the Contract Price before computing the amount required to be performed by the Contractor with its own organization.

3-3 SUBCONTRACTORS. REVISE to ADD the following:

Before the work of any Subcontractor is started, the Contractor shall submit to the Engineer for approval a written statement showing the work to be subcontracted giving the name and business of each Subcontractor and description and value of each portion of the work to be so subcontracted.”

The Contractor shall certify and provide proof that all Subcontractors to be employed under this contract are properly registered with the Department of Industrial Relations as required by California Law.

Documentable proof of proper registration with designation of Subcontractors form duly completed are required to be submitted along with the bid proposal forms, and failure to comply with this provision may be deemed sufficient to render the Contractor’s bid non-responsive.

The Contractor shall not employ or otherwise use any Subcontractor, supplier, or equipment vendor at any tier that is on the City’s debarment list, the Department of Industrial Relations debarment list, or on the US General Services Administration “List of Parties Excluded from Federal Procurement and Non- Procurement Programs.”

3-4 AUTHORITY OF THE BOARD AND THE ENGINEER. REVISE to ADD the following:

No change shall be made to the approved Plans and Specifications, except as directed by the Engineer, in writing.

3-5 INSPECTION. DELETE in its entirety and SUBSTITUTE with the following:

Inspection of the Work will be conducted by a City Representative and will include monitoring and enforcing compliance of materials, equipment, installations, workmanship, methods and requirements of the Contract Documents.

The City Representative shall, always, have safe access to the Work during construction and shall be furnished with every reasonable facility for ascertaining full knowledge respecting the progress, workmanship, and character of materials and equipment used and employed in the Work.

Whenever the Contractor varies the work hours in which inspection is required, the Contractor shall give at least two (2) Working Days written notice to the City Representative.

All installations which are to be backfilled or otherwise covered will be inspected by the City Representative prior to backfilling or covering. The Contractor shall give the City Representative a minimum of two (2) days advance notice prior to backfilling or covering any part of the Work.

Work or materials concealed or performed without the prior notice specified above, will be subject to such tests or exposure as may be necessary to prove to the satisfaction of the Engineer, that all materials used, and the Work is in strict conformity with the Contract Documents. All labor and equipment necessary for exposing and testing shall be furnished and paid for by the Contractor. The Contractor shall replace, without additional cost to the City, any materials or Work damaged by exposure or testing.

Defective Work shall be made good at the Contractor's expense including any unsuitable materials and equipment that may have been previously inspected by the City Representative, and/or that payment therefore has been included in an estimate for payment.

Inspection of the Work shall not relieve the Contractor of the obligation to fulfill all requirements of the Contract.

All submittals and correspondence between the City and the Contractor, related to inspection of the Work of this Contract, shall be directed to the Engineer.

City material inspection and workmanship inspection is solely for the benefit of the City. The Contractor is responsible for providing all materials and workmanship in conformance with the Contract Documents.

Upon request, the Contractor shall provide the City with copies of their Quality Control procedures and results of the inspections they have performed. If the Contractor requires inspection to ensure conformance of the material and workmanship and meet the contract documents this inspection is at their cost. The City will provide Quality Assurance as the City sees fit and will notify the Contractor of any deficiencies observed as soon as practical. Quality Control of all materials and workmanship including Contractor provided inspection services shall be included in the various items of Work and therefore no additional compensation shall be provided.

If there is a dispute with rejected materials or work the Contractor shall submit their Quality Control procedures, reports, results, and testing activities to prove the work or material does conform to the Contract requirements. Failure by the Contractor to have or follow their Quality Control procedures shall be grounds for rejection of the materials or work related to the rejected materials.

ADD the following:

3-5.1 Inspection Requirements. The Contractor shall notify the City Representative a minimum of two

(2) Working Days before inspection is required.

a) Unless specified elsewhere in the Special Provisions, inspection of the Work will be provided by the City between the hours of 8:30 a.m.