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HomeMy WebLinkAbout14 - CC-9 - Attachment 1 - 8/3/2021 CITY OF COSTA MESA PUBLIC WORKS AGREEMENT FOR CITY PROJECT NO. 21-02 THIS PUBLIC WORKS AGREEMENT (“Agreement”), dated August 3, 2021 (“Effective Date”), is made by the CITY OF COSTA MESA, a political subdivision of the State of California (“CITY”), and AMERICAN ASPHALT SOUTH, INC., a California corporation (“CONTRACTOR”). WHEREAS, CITY desires to construct the public improvements described below under Paragraph 1, Scope of Work (the “Project”); and WHEREAS, CITY has determined that CONTRACTOR is the lowest responsible bidder; and WHEREAS, CITY now desires to contract with CONTRACTOR to furnish construction and related services for the Project; and WHEREAS, CITY and CONTRACTOR desire to set forth their rights, duties and liabilities in connection with the services to be performed. NOW, THEREFORE, for and in consideration of the covenants and conditions contained herein, the parties hereby agree as follows: 1. SCOPE OF WORK. The work consists of mobilization; the procurement and application of Slurry Seal Type II with 2.5% latex; crack sealing; traffic striping and markings; installation of pavement markers; implementing traffic control in Maintenance Zones 6 and 7; notifications to businesses and residents; all work outlined in the specifications; and all other work necessary to complete the work in accordance with the specifications and Contract Documents (the “Work”). The Work is further described in the “Contract Documents” referred to below. The Project is known as Citywide Street Slurry Seal Project, City Project No. 21- 02 (the “Project”). 2. CONTRACT DOCUMENTS. The complete Agreement consists of the following documents relating to the Project: (a) This Agreement; (b) CONTRACTOR’s bid (Exhibit A); (c) Bid package, including notice inviting bids, complete plans, profiles, detailed Attachment 1 4 Project and Specification No. 21-02 drawings and specifications, including general provisions and special provisions (Exhibit B); (d) Bid Addendum No. 1, dated May 21, 2021, and Bid Addendum No. 2, dated May 28, 2021, incorporated by this reference as if fully set forth herein; (e) Faithful Performance Bond and Labor and Material Bond, including agent’s Power of Attorney for each bond (Exhibit C); (f) Drug-Free Workplace Policy (Exhibit D); and (g) Provisions of the most current edition of The Greenbook: Standard Specifications for Public Works Construction (“The Greenbook”). The documents attached hereto are incorporated herein by this reference. The Greenbook is incorporated by reference as if fully set forth herein. The documents comprising the complete Agreement will be referred to as the “Contract Documents.” All of the Contract Documents are intended to complement one another, so that any Work called for in one and not mentioned in another is to be performed as if mentioned in all documents. In the event of an inconsistency in the Contract Documents, the terms of this Agreement shall prevail over all other Contract Documents. The order of precedence between the remaining Contract Documents shall be as set forth in The Greenbook. The Contract Documents constitute the entire agreement between the parties and supersede any and all other writings and oral negotiations. 3. CITY’S REPRESENTATIVE. The CITY’s Representative is Seung Yang, referred to herein as the Project Manager (“Project Manager”). 4. CONTRACTOR’S PROJECT MANAGER; PERSONNEL. (a) Project Manager. CONTRACTOR’s Project Manager must be approved by City. Such approval shall be at CITY’s sole discretion. (b) Personnel. CITY has the right to review and approve any personnel who are assigned to perform work under this Agreement. CONTRACTOR shall remove personnel from performing work under this Agreement if requested to do so by CITY. This Paragraph 4 is a material provision of the Agreement. 5. SCHEDULE. All Work shall be performed in accordance with the schedule approved on behalf Attachment 1 5 Project and Specification No. 21-02 of CITY by the Project Manager, and in accordance with the time of performance set forth in Paragraph 11 (Time of Performance). 6. EQUIPMENT - PERFORMANCE OF WORK. CONTRACTOR shall furnish all tools, equipment, apparatus, facilities, labor and materials necessary to perform and complete the Work of construction in a good and workmanlike manner in strict conformity with the Contract Documents. The equipment, apparatus, facilities, labor and material shall be furnished and such Work performed and completed as required in the plans and specifications to the satisfaction of the Project Manager or his or her designee, and subject to his or her approval. 7. COMPENSATION. CITY shall pay CONTRACTOR in accordance with the fee schedule set forth in CONTRACTOR’s bid. CONTRACTOR’s total compensation shall not exceed Six Hundred Seventeen Thousand Forty-Eight Dollars ($617,048.00). 8. ADDITIONAL SERVICES. CONTRACTOR shall not receive compensation for any services provided outside the scope of the Contract Documents unless such additional services, including change orders, are approved in writing by CITY prior to CONTRACTOR performing the additional services. It is specifically understood that oral requests or approvals of such additional services, change orders or additional compensation and any approvals from CITY shall be barred and are unenforceable. 9. PAYMENTS TO CONTRACTOR. On or before the last Monday of each and every month during the performance of the Work, CONTRACTOR shall meet with the Project Manager or his or her designee to determine the quantity of pay items incorporated into the improvement during that month. A “Progress Payment Order” will then be jointly prepared, approved, and signed by the Project Manager and the CONTRACTOR setting forth the amount to be paid and providing for a five percent (5%) retention. Upon approval of the progress payment order by the Project Manager, or his or her designee, it shall be submitted to CITY’s Finance Department and processed for payment by obtaining approval from the City Council to issue a warrant. Within three (3) days following City Council’s approval to issue a warrant, CITY shall mail to CONTRACTOR a warrant for the amount specified in the progress payment order as the amount to be paid. The retained five percent (5%) shall be paid to CONTRACTOR thirty-five (35) days after the recording of the Notice of Completion of the Work by the CITY with the Orange County Clerk-Recorder and after CONTRACTOR has Attachment 1 6 Project and Specification No. 21-02 furnished releases of all claims against CITY by persons who furnished labor or materials for the Work, if required by CITY. Upon the request of CONTRACTOR and at its expense, securities equivalent to the amount withheld pursuant to the foregoing provisions may be presented to CITY for substitution for the retained funds. If CITY approves the form and amount of the offered securities it will release the retained funds and will hold the securities in lieu thereof. CONTRACTOR shall be entitled to any interest earned on the securities. In the event that claims for property damage or bodily injury are presented to CITY arising out of CONTRACTOR’s or any subcontractor’s work under this Agreement, CITY shall give notice thereof to CONTRACTOR, and CONTRACTOR shall have thirty-five (35) days from the mailing of any such notice to evaluate the claim and to settle it by whole or partial payment, or to reject it, and to give notice of settlement or rejection to CITY. If CITY does not receive notice within the above-mentioned 35-day period that the claim has been settled, and if the Project Manager, after consultation with the City Attorney, determines that the claim is meritorious, CITY may pay the claim or a portion of it in exchange for an appropriate release from the claimant, and may deduct the amount of the payment from the retained funds that would otherwise be paid to CONTRACTOR upon completion of the Work; provided, however, that the maximum amount paid for any one claim pursuant to this provision shall be One Thousand Dollars ($1,000.00), and the maximum amount for all such claims in the aggregate paid pursuant to this provision shall be Five Thousand Dollars ($5,000.00). 10. PROMPT PAYMENT OF SUBCONTRACTORS. CONTRACTOR agrees to pay each subcontractor under this Agreement for satisfactory performance of its contract no later than seven (7) days from the receipt of each payment the CONTRACTOR receives from CITY. CONTRACTOR agrees further to release retainage payments to each subcontractor within thirty (30) days after the subcontractor’s work is satisfactorily completed. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of the CITY. 11. TIME OF PERFORMANCE. CONTRACTOR shall commence Work by the date specified in CITY’s Notice to Proceed, unless a later date is agreed upon in writing by the parties. The Work shall be completed within forty (40) working days from the first day of commencement of the Work. 12. TERMINATION. (a) Termination for Convenience. CITY may terminate this Agreement at any time, with or without cause, by Attachment 1 7 Project and Specification No. 21-02 providing thirty (30) days’ written notice to CONTRACTOR. (b) Termination for Breach of Contract. (i) If CONTRACTOR refuses or fails to prosecute the Work or any severable part of it with such diligence as will ensure its timely completion, or if CONTRACTOR fails to complete the Work on time, or if CONTRACTOR, or any subcontractor, violates any of the provisions of the Contract Documents, the Project Manager may give written notice to CONTRACTOR and CONTRACTOR’s sureties of the CITY’s intention to terminate this Agreement; and, unless within five (5) days after the serving of that notice, such conduct shall cease and arrangements for the correction thereof be made to the satisfaction of the CITY, this Agreement may be terminated at the option of CITY effective upon CONTRACTOR’s receipt of a second notice sent by the CITY indicating that the CITY has exercised its option to terminate. (ii) If CONTRACTOR is adjudged bankrupt or files for any relief under the Federal Bankruptcy Code or State insolvency laws, this Agreement shall automatically terminate without any further action or notice by CITY. (iii) If CONTRACTOR is in breach of any material provision of this Agreement, CITY may immediately terminate this Agreement by providing written notice to CONTRACTOR of same. 13. LIQUIDATED DAMAGES. In the event the Work is not completed, for any reason, within the time required including any approved extensions of time, and to the satisfaction of the Project Manager, CITY may, in addition to any other remedies, equitable and legal, including remedies authorized by Paragraph 12 (Termination) of this Agreement, charge to CONTRACTOR or its sureties, or deduct from payments or credits due CONTRACTOR, a sum equal to Two Thousand Three Hundred Dollars ($2,300.00) as liquidated damages for each day beyond the date provided for the completion of such Work. The parties hereto agree that the amount set forth above, as liquidated damages constitutes a fair and reasonable estimate of the costs the CITY would suffer for each day that the CONTRACTOR fails to meet the performance schedule. The parties hereby agree and acknowledge that the delays in the performance schedule will cause CITY to incur costs and expenses not contemplated by this Agreement. 14. PERFORMANCE BY SURETIES. In the event CONTRACTOR fails or refuses to perform the Work, CITY may provide CONTRACTOR with a notice of intent to terminate as provided in Paragraph 12 (Termination), of this Agreement. CITY shall immediately give written notice of such intent to terminate to CONTRACTOR and CONTRACTOR’s surety or sureties, and the sureties shall have the right to take over and perform this Agreement; provided, however, that the Attachment 1 8 Project and Specification No. 21-02 sureties must, within five (5) days after CITY’s giving notice of termination, (a) give the CITY written notice of their intention to take over the performance of this Agreement; (b) provide adequate assurances, to the satisfaction of the CITY, that the Work shall be performed diligently and in a timely manner; and (c) must commence performance thereof within five (5) days after providing notice to the CITY of their intention to take over the Work. Upon the failure of the sureties to comply with the provisions set forth above, CITY may take over the Work and complete it, at the expense of CONTRACTOR, and the CONTRACTOR and the sureties shall be liable to CITY for any excess costs or damages including those referred to in Paragraph 13 (Liquidated Damages), incurred by CITY. In such event, CITY may, without liability for so doing, take possession of such materials, equipment, tools, appliances, Contract Documents and other property belonging to CONTRACTOR as may be on the site of the Work and reasonably necessary therefor and may use them to complete the Work. 15. DISPUTES PERTAINING TO PAYMENT FOR WORK. Should any dispute arise respecting whether any delay is excusable, or its duration, or the value of the Work done, or of any Work omitted, or of any extra Work which CONTRACTOR may be required to do, or respecting any payment to CONTRACTOR during the performance of this Agreement, such dispute shall be decided by the Project Manager, and his or her decisions shall be final and binding upon CONTRACTOR and its sureties. 16. SUPERINTENDENCE BY CONTRACTOR. At all times during performance of the Work, CONTRACTOR shall give personal superintendence or have a competent foreman or superintendent on the worksite, with authority to act for CONTRACTOR. 17. INSPECTION BY CITY. CONTRACTOR shall at all times maintain proper facilities and provide safe access for inspection by CITY to all parts of the Work and to all shops on or off-site where the Work or portions of the Work, are in preparation. CITY shall have the right of access to the premises for inspection at all times. However, CITY shall, at all times, comply with CONTRACTOR’s safety requirements on the job site. 18. CARE OF THE WORK AND OFF-SITE AUTHORIZATION. CONTRACTOR warrants that it has examined the site of the Work and is familiar with its topography and condition, location of property lines, easements, building lines and other physical factors and limitations affecting the performance of this Agreement. CONTRACTOR, at CONTRACTOR’s sole cost and expense, shall obtain any permission, and all approvals, licenses, or easements necessary for any operations conducted off the premises owned or controlled by CITY. CONTRACTOR shall be responsible for the proper care and protection of all materials delivered to the site or stored off-site and for the Work performed until completion and final inspection and acceptance by CITY. The risk, damage or destruction of materials delivered to the site or to Work performed shall Attachment 1 9 Project and Specification No. 21-02 be borne by CONTRACTOR. 19. CONTRACT SECURITY AND GUARANTEE. Unless previously provided by CONTRACTOR to CITY, CONTRACTOR shall furnish, concurrently with the execution of this Agreement, the following: (1) a surety bond in an amount equal to one hundred percent (100%) of the contract price as security for the faithful performance of this Agreement, and (2) a separate surety bond in an amount equal to at least one hundred percent (100%) of the contract price as security for the payment of all persons furnishing labor or materials in connection with the Work under this Agreement. Sureties for each of the bonds and the forms thereof shall be satisfactory to CITY. In addition, such sureties must be authorized to issue bonds in California; sureties must be listed on the latest revision to the U.S. Department of the Treasury Circular 570; and must be shown to have sufficient bonding capacity to provide the bonds required by the Contract Documents. CONTRACTOR shall provide a certified copy of the certificate of authority of the surety issued by the Insurance Commissioner; a certificate from the clerk of the county in which the court or officer is located that the certificate of authority of the surety has not been surrendered, revoked, canceled, annulled, or suspended or, in the event that it has, that renewed authority has been granted; and copies of the surety’s most recent annual statement and quarterly statement filed with the Department of Insurance pursuant to Article 10 (commencing with Section 900) of Chapter 1 of Part 2 of Division 1 of the Insurance Code. CONTRACTOR guarantees that all materials used in the Work and all labor performed shall be in conformity with the Contract Documents including, but not limited to, the standards and specifications set forth in the most current edition of The Greenbook. CONTRACTOR shall, at its own expense, make any and all repairs and replacements that shall become necessary as the result of any failure of the Work to conform to the aforementioned Contract Documents, and/or standard specifications; provided, however, that CONTRACTOR shall be obligated under this provision only to the extent of those failures or defects of which CONTRACTOR is given notice within a period of twelve (12) months from the date that the Notice of Completion is recorded. The rights and remedies available to CITY pursuant to this provision shall be cumulative with all rights and remedies available to CITY pursuant to statutory and common law, which rights and remedies are hereby expressly reserved, and neither the foregoing guarantee by CONTRACTOR nor its furnishing of the bonds, nor acceptance thereof by CITY, shall constitute a waiver of any rights or remedies available to CITY against CONTRACTOR. 20. INDEMNIFICATION. CONTRACTOR agrees to protect, defend, indemnify and hold harmless CITY and its elected and appointed boards, officers, agents, and employees from any and all claims, liabilities, expenses, or damages of any nature, including attorneys’ fees, for injury to or death of any person, and for injury or damage to any property, including Attachment 1 10 Project and Specification No. 21-02 consequential damages of any nature resulting therefrom, arising out of or in any way connected with the performance of this Agreement. The defense obligation provided for hereunder shall apply without any advance showing of negligence or wrongdoing by the CONTRACTOR, its employees, and/or authorized subcontractors, but shall be required whenever any claim, action, complaint, or suit asserts as its basis the negligence, errors, omissions or misconduct of the CONTRACTOR, its employees, and/or authorized subcontractors, and/or whenever any claim, action, complaint or suit asserts liability against the CITY, its elected officials, officers, agents and employees based upon the work performed by the CONTRACTOR, its employees, and/or authorized subcontractors under this Agreement, whether or not the CONTRACTOR, its employees, and/or authorized subcontractors are specifically named or otherwise asserted to be liable. Notwithstanding the foregoing, the CONTRACTOR shall not be liable for the defense or indemnification of the CITY for claims, actions, complaints or suits arising out of the sole active negligence or willful misconduct of the CITY. This provision shall supersede and replace all other indemnity provisions contained either in the CITY’s specifications or CONTRACTOR’s proposal, which shall be of no force and effect. CONTRACTOR shall comply with all of the provisions of the Workers’ Compensation insurance laws and Safety in Employment laws of the State of California, including the applicable provisions of Divisions 4 and 5 of the California Labor Code and all amendments thereto and regulations promulgated pursuant thereto, and all similar State, Federal or local laws applicable; and CONTRACTOR shall indemnify and hold harmless CITY from and against all claims, liabilities, expenses, damages, suits, actions, proceedings and judgments, of every nature and description, including attorney fees, that may be presented, brought or recovered against CITY for or on account of any liability under or failure to comply with any of said laws which may be incurred by reason of any Work performed under this Agreement by CONTRACTOR or any subcontractor or others performing on behalf of CONTRACTOR. CITY does not, and shall not, waive any rights against CONTRACTOR which it may have by reason of the above hold harmless agreements, because of the acceptance by CITY or the deposit with CITY by CONTRACTOR of any or all of the insurance policies described in Paragraph 21 (Insurance) of this Agreement. The hold harmless agreements by CONTRACTOR shall apply to all liabilities, expenses, claims, and damages of every kind (including but not limited to attorneys’ fees) incurred or alleged to have been incurred, by reason of the operations of CONTRACTOR or any subcontractor or others performing on behalf of CONTRACTOR, whether or not such insurance policies are applicable. CONTRACTOR shall require any and all tiers of subcontractors to afford the same degree of indemnification to the CITY OF COSTA MESA and its elected and appointed boards, officers, agents, and employees that is required of CONTRACTOR and shall incorporate identical indemnity provisions in all contracts between CONTRACTOR and all tiers of its subcontractors. In the event that CONTRACTOR and CITY are sued by a third party for damages caused or allegedly caused by negligent or other wrongful conduct of CONTRACTOR, or by a dangerous condition of CITY’s property created by CONTRACTOR or existing while the property was under the control of CONTRACTOR, CONTRACTOR shall not be Attachment 1 11 Project and Specification No. 21-02 relieved of its indemnity obligation to CITY by any settlement with any such third party unless that settlement includes a full release and dismissal of all claims by the third party against the CITY. 21. INSURANCE. (a) Minimum Scope and Limits of Insurance. CONTRACTOR shall not commence Work under this Agreement until it has obtained all insurance required under this Paragraph 21 and CITY has approved the insurance as to form, amount, and carrier, nor shall CONTRACTOR allow any subcontractor to commence any Work until all similar insurance required of the subcontractor has been obtained and approved. CONTRACTOR shall obtain, maintain, and keep in full force and effect during the life of this Agreement all of the following minimum scope of insurance coverages with an insurance company admitted to do business in California, rated “A,” Class X, or better in the most recent Best’s Key Insurance Rating Guide, and approved by CITY: (i) Commercial general liability, including premises-operations, products/completed operations, broad form property damage, blanket contractual liability, independent contractors, personal injury or bodily injury with a policy limit of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence. If such insurance contains a general aggregate limit, it shall apply separately to this Agreement or shall be twice the required occurrence limit. (ii) Business automobile liability for owned vehicles, hired, and non-owned vehicles, with a policy limit of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence for bodily injury and property damage. (iii) Workers’ compensation insurance as required by the State of California, with Statutory Limits, and Employer’s Liability insurance with a limit of no less than One Million Dollars ($1,000,000.00) per accident for bodily injury or disease. CONTRACTOR agrees to waive, and to obtain endorsements from its workers’ compensation insurer waiving subrogation rights under its workers’ compensation insurance policy against the CITY, its officers, agents, employees, and volunteers arising from work performed by CONTRACTOR for the CITY and to require each of its subcontractors, if any, to do likewise under their workers’ compensation insurance policies. (iv) Umbrella or excess liability insurance that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability, automobile liability, and employer’s liability. Such policy or policies shall include the following terms and conditions: Attachment 1 12 Project and Specification No. 21-02 (1) A drop down feature requiring the policy to respond in the event that any primary insurance that would otherwise have applied proves to be uncollectable in whole or in part for any reason; (2) Pay on behalf of wording as opposed to reimbursement; (3) Concurrency of effective dates with primary policies; (4) Policies shall “follow form” to underlying primary policies; and (5) Insureds under primary policies shall also be insureds under the umbrella or excess policies. (b) Endorsements. The commercial general liability insurance policy and business automobile liability policy shall contain or be endorsed to contain the following provisions: (i) Additional insureds: The City of Costa Mesa and its elected and appointed boards, officers, officials, agents, employees, and volunteers are additional insureds with respect to: liability arising out of activities performed by or on behalf of the CONTRACTOR pursuant to its contract with the City; products and completed operations of the CONTRACTOR; premises owned, occupied or used by the CONTRACTOR; automobiles owned, leased, hired, or borrowed by the CONTRACTOR.” (ii) Notice: “Said policy shall not terminate, nor shall it be canceled nor the coverage reduced, until thirty (30) days after written notice is given to CITY.” (iii) Other Insurance: “CONTRACTOR’s insurance coverage shall be primary insurance as respects the City of Costa Mesa, its officers, officials, agents, employees, and volunteers. Any other insurance maintained by the City of Costa Mesa shall be excess and not contributing with the insurance provided by this policy.” (c) Reporting Provisions. Any failure of CONTRACTOR to comply with the reporting provisions of the policies shall not affect coverage provided to the City of Costa Mesa, its officers, officials, agents, employees, and volunteers. (d) Insurance Applies Separately. CONTRACTOR’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability. (e) Deductible or Self-Insured Retention. If any of such policies provide for a deductible or self-insured retention to provide such coverage, the amount of such deductible or self-insured retention shall be approved in advance by CITY. No policy of insurance issued as to which the CITY is an additional insured shall contain a provision which requires that no insured except the named insured can satisfy any such deductible or self-insured retention. (f) Proof of Insurance. Prior to commencement of the Work, CONTRACTOR shall furnish CITY, through the Project Manager, proof of compliance with the above insurance requirements in a form satisfactory to City’s Risk Management. Attachment 1 13 Project and Specification No. 21-02 (g) Non-Limiting. Nothing in this Paragraph 21 shall be construed as limiting in any way, the indemnification provision contained in this Agreement, or the extent to which Consultant may be held responsible for payments of damages to persons or property. 22. PREVAILING WAGE REQUIREMENTS. (a) Prevailing Wage Laws. CONTRACTOR is aware of the requirements of Chapter 1 (beginning at Section 1720 et seq.) of Part 7 of Division 2 of the California Labor Code, as well as Title 8, Section 16000 et seq. of the California Code of Regulations (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. This Project is a “public works” project and requires compliance with the Prevailing Wage Laws. CONTRACTOR shall defend, indemnify and hold the CITY, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. (b) Payment of Prevailing Wages. CONTRACTOR shall pay the prevailing wage rates for all work performed under this Agreement. When any craft or classification is omitted from the general prevailing wage determinations, CONTRACTOR shall pay the wage rate of the craft or classification most closely related to the omitted classification. A copy of the general prevailing wage rate determination is on file in the Office of the City Clerk and is incorporated into this Agreement as if fully set forth herein. CONTRACTOR shall post a copy of such wage rates at all times at the project site(s). (c) Legal Working Day. In accordance with the provisions of Labor Code Section 1810 et seq., eight (8) hours is the legal working day. CONTRACTOR and any subcontractor(s) of CONTRACTOR shall comply with the provisions of the Labor Code regarding eight (8)-hour work day and 40-hour work week requirements, and overtime, Saturday, Sunday, and holiday work. Work performed by CONTRACTOR’s or any subcontractor’s employees in excess of eight (8) hours per day, and 40 hours during any one week, must include compensation for all hours worked in excess of eight (8) hours per day, or 40 hours during any one week, at not less than one and one-half times the basic rate of pay. CONTRACTOR shall forfeit as a penalty to CITY Twenty-Five Dollars ($25.00), or any greater penalty set forth in the Labor Code, for each worker employed in the execution of the Work by CONTRACTOR or by any subcontractor(s) of CONTRACTOR, for each calendar day during which such worker is required or permitted to the work more than eight (8) hours in one calendar day or more than 40 hours in any one calendar week in violation of the Labor Code. (d) Apprentices. CONTRACTOR shall comply with the provisions of Labor Code Section 1777.5 concerning the employment of apprentices on public works projects. CONTRACTOR shall be responsible for ensuring compliance by its subcontractors with Labor Code Section 1777.5. (e) Payroll Records. Pursuant to Labor Code Section 1776, CONTRACTOR and any subcontractor(s) shall keep accurate payroll records, showing the name, address, social security number, work classification, straight time and overtime hours Attachment 1 14 Project and Specification No. 21-02 worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by CONTRACTOR or any subcontractor in connection with this Agreement. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following: (1) The information contained in the payroll record is true and correct; and (2) The employer has complied with the requirements of Sections 1771, 1881, and 1815 of the Labor Code for any work performed by his or her employees on this Project. The payroll records shall be certified and shall be available for inspection at all reasonable hours in accordance with the requirements of Labor Code Section 1776. CONTRACTOR shall also furnish each week to CITY’s Project Administration Division a statement with respect to the wages of each of its employees during the preceding weekly payroll period. (f) Registration with DIR. CONTRACTOR and any subcontractor(s) of CONTRACTOR shall comply with the provisions of Labor Code Section 1771 and Labor Code Section 1725.5 requiring registration with the DIR. 23. COMPLIANCE WITH ALL LAWS. CONTRACTOR shall, at its own cost and expense, comply with all applicable local, state, and federal laws, regulations, and requirements in the performance of this Agreement, including but not limited to laws regarding health and safety, labor and employment, and wage and hours. 24. DRUG-FREE WORKPLACE POLICY. CONTRACTOR, upon notification of the award of this Agreement, shall establish a Drug-Free Awareness Program to inform employees of the dangers of drug abuse in the workplace, the penalties that may be imposed upon employees for drug abuse violations occurring in the workplace, and the employee assistance programs available to employees. Each employee engaged in the performance of a CITY contract must be notified of this Drug-Free Awareness Program, and must abide by its terms. CONTRACTOR shall conform to all the requirements of CITY’s Policy No. 100-5, attached hereto. Failure to establish a program, notify employees, or inform the CITY of a drug-related workplace conviction will constitute a material breach of contract and cause for immediate termination of the contract by the CITY. 25. NON–DISCRIMINATION. In performing this Agreement, CONTRACTOR will not engage in, nor permit its agents to engage in, discrimination in employment of persons because of their race, religion, color, national origin, ancestry, physical handicap, medical condition, marital status or sex, or sexual orientation, except as permitted pursuant to Section 12940 of the Government Code. Violation of this provision may result in the imposition of penalties referred to in Section 1735 of the California Labor Code. 26. PROVISIONS CUMULATIVE. The provisions of this Agreement are cumulative and in addition to, and not in Attachment 1 15 Project and Specification No. 21-02 limitation of, any other rights or remedies available to CITY. 27. NOTICES. It shall be the duty and responsibility of CONTRACTOR to notify all tiers of subcontractors and material men of the following special notice provision; namely, all preliminary 20-day notices or stop notices shall be directed only to the City Clerk and to no other department, and shall be either personally delivered or sent by certified mail, postage prepaid. All other notices shall be in writing and delivered in person or sent by certified mail, postage prepaid. Notices required to be given to CITY pursuant to this Agreement shall be addressed as follows: City of Costa Mesa 77 Fair Drive Costa Mesa, CA 92626 Attn: Seung Yang Notices required to be given to CONTRACTOR shall be addressed as follows: American Asphalt South, Inc. 19792 El Rivino Rd. Riverside, CA 92509 Attn: Jeff Petty Notices required to be given to CONTRACTOR’s sureties shall be addressed as follows: [To be inserted following City Council award.] 28. INDEPENDENT CONTRACTOR. The parties hereto acknowledge and agree that the relationship between CITY and CONTRACTOR is one of principal and independent contractor and no other. All personnel to be utilized by CONTRACTOR in the performance of this Agreement shall be employees of CONTRACTOR and not employees of the CITY. CONTRACTOR shall pay all salaries and wages, employer’s social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. Nothing contained in this Agreement shall create or be construed as creating a partnership, joint venture, employment relations, or any other relationship except as set forth between the parties. The parties specifically acknowledge and agree that CONTRACTOR is not a partner with CITY, whether general or limited, and no activities of CITY or CONTRACTOR or statements made by CITY or CONTRACTOR shall be interpreted by any of the parties hereto as establishing any type of business relationship other than an independent contractor relationship. Attachment 1 16 Project and Specification No. 21-02 29. PERS ELIGIBILITY INDEMNIFICATION. In the event that CONTRACTOR or any employee, agent, or subcontractor of CONTRACTOR providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees’ Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the CITY, CONTRACTOR shall indemnify, defend, and hold harmless CITY for the payment of any employee and/or employer contributions for PERS benefits on behalf of CONTRACTOR or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of CITY. Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, CONTRACTOR and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by CITY, including but not limited to eligibility to enroll in PERS as an employee of CITY and entitlement to any contribution to be paid by CITY for employer contribution and/or employee contributions for PERS benefits. 30. VALIDITY. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any of the other provisions of this Agreement. 31. GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any legal action relating to or arising out of this Agreement shall be subject to the jurisdiction of the County of Orange, California. 32. NO THIRD PARTY BENEFICIARY RIGHTS. This Agreement is entered into for the sole benefit of the CITY and CONTRACTOR and no other parties are intended to be direct or incidental beneficiaries of this Agreement and no third party shall have any right in, under or to this Agreement. 33. ASSIGNABILITY. This Agreement may not be transferred or assigned by either party, or by operation of law, to any other person or persons or business entity, without the other party’s written permission. Any such transfer or assignment, or attempted transfer or assignment, without written permission, may be deemed by the other party to constitute a voluntary termination of this Agreement and this Agreement shall thereafter be deemed terminated and void. 34. WAIVER. No waiver of any provision of this Agreement shall be effective unless in writing Attachment 1 17 Project and Specification No. 21-02 and signed by a duly authorized representative of the party against whom enforcement of a waiver is sought referring expressly to this Paragraph. The waiver of any right or remedy in respect to any occurrence or event shall not be deemed a waiver of any right or remedy in respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver. 35. HEADINGS. Section and subsection headings are not to be considered part of this Agreement, are included solely for convenience, and are not intended to modify or explain or to be a full or accurate description of the content thereof. 36. COUNTERPARTS. This Agreement may be executed in one or more counterparts by the parties hereto. All counterparts shall be construed together and shall constitute one Agreement. 37. CORPORATE AUTHORITY. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by doing so, the parties hereto are formally bound to the provisions of this Agreement. [Signatures appear on following page.] Attachment 1 18 Project and Specification No. 21-02 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their respective authorized officers, as of the date first above written. CITY OF COSTA MESA, A municipal corporation __________________________________ Date: __________________________ Lori Ann Farrell Harrison City Manager CONTRACTOR __________________________________ Date: __________________________ Signature __________________________________ Name and Title __________________________________ Date: __________________________ Signature __________________________________ Name and Title ATTEST: __________________________________ Date: __________________________ Brenda Green City Clerk APPROVED AS TO FORM: __________________________________ Date: __________________________ Kimberly Hall Barlow City Attorney Attachment 1 19 Project and Specification No. 21-02 APPROVED AS TO INSURANCE: __________________________________ Date: __________________________ Ruth Wang Risk Management APPROVED AS TO PURCHASING: __________________________________ Date: __________________________ Carol Molina Finance Director DEPARTMENTAL APPROVAL: __________________________________ Date: __________________________ Raja Sethuraman Public Services Director __________________________________ Date: __________________________ Seung Yang Project Manager Attachment 1 20 EXHIBIT A CONTRACTOR’S BID Attachment 1 21 Attachment 1 22 Attachment 1 23 Attachment 1 24 Attachment 1 25 Attachment 1 26 Attachment 1 27 Attachment 1 28 Attachment 1 29 Attachment 1 30 Attachment 1 31 Attachment 1 32 Attachment 1 33 Attachment 1 34 Attachment 1 35 Attachment 1 36 Attachment 1 37 Attachment 1 38 Attachment 1 39 Attachment 1 40 Attachment 1 41 Attachment 1 42 Attachment 1 43 EXHIBIT B BID PACKAGE Attachment 1 44 CITY OF COSTA MESA ORANGE COUNTY, CALIFORNIA NOTICE TO BIDDERS, PROPOSAL, CONTRACT, AND SPECIAL PROVISIONS FOR CITYWIDE STREET SLURRY SEAL PROJECT (MAINTENANCE ZONES 6 AND 7) CITY PROJECT NO. 21-02 [BID ADDENDUM #2 – REVISED] Prepared Under the Direction of Seung Yang, P.E. City Engineer Copy No. ___________ Checked by Attachment 1 Bid Addendum #2 45 i TABLE OF CONTENTS PAGE NUMBER TABLE OF CONTENTS .................................................................................................. i THRU v SECTION A NOTICE INVITING BIDS ............................................................................. N-1 THRU N-2 SECTION B INFORMATION FOR BIDDERS .................................................................................. B-1 1 PREPARATIONS OF BID FORM .................................................................. B-1 2 QUALIFICATION OF BIDDERS .................................................................... B-1 3 BID SECURITY ........................................................................................ B-1 4 NON-COLLUSION AFFIDAVIT .................................................................... B-1 5 SIGNATURE ............................................................................................ B-1 6 CORRECTIONS ....................................................................................... B-1 7 DELIVERY OF PROPOSAL ......................................................................... B-1 8 BID DEPOSIT RETURN.............................................................................. B-1 9 TAXES ................................................................................................... B-2 10 WITHDRAWAL OF BIDS ............................................................................. B-2 11 AGREEMENT AND BONDS ........................................................................ B-2 12 FORFEITURE FOR FAILURE TO POST SECURITY AND EXECUTE AGREEMENT .......................................................................................... B-2 13 BIDDERS INTERESTED IN MORE THAN ONE BID .......................................... B-2 14 EXAMINATION OF SITE AND CONTRACT DOCUMENTS .................................. B-2 15 INTERPRETATION OF PLANS AND DOCUMENTS .......................................... B-3 16 ADDENDA .............................................................................................. B-3 17 QUESTIONS TO THE ENGINEER ................................................................ B-3 18 EQUIVALENT MATERIALS ......................................................................... B-3 Attachment 1 Bid Addendum #2 46 ii Table of Contents (CONTINUED) PAGE NUMBER 19 EVIDENCE OF RESPONSIBILITY................................................................. B-3 20 LEGAL RESPONSIBILITIES ........................................................................ B-3 21 ANTI-DISCRIMINATION ............................................................................. B-4 22 DRUG-FREE WORKPLACE POLICY ............................................................. B-4 23 BID PROTEST PROCEDURES .................................................................... B-4 24 ASSEMBLY BILL 626 ................................................................................ B-4 REQUEST FOR INTERPRETATION OF CONTRACT DOCUMENTS ................................... B-6 SECTION C PROPOSAL .......................................................................................... P-1 THRU P-11 SECTION D GENERAL PROVISIONS ....................................................................................................... GP-1 1-2 TERMS AND DEFINITIONS ...................................................................... GP-2 1-3 ABBREVIATIONS ................................................................................... GP-2 1-6 BIDDING AND SUBMISSION OF BID .......................................................... GP-3 1-6.1.1 REQUEST FOR INTERPRETATION .......................................................... GP-3 1-6.1.2 SOIL CONDITIONS ................................................................................ GP-4 1-6.1.3 RETURN OF BID SECURITY ................................................................... GP-4 1-6.2 SUBCONTRACTING LISTING ................................................................... GP-4 1-7 AWARD AND EXECUTION OF THE CONTRACT ........................................... GP-5 1-7.1.1 EXECUTION OF THE AGREEMENT ........................................................... GP-5 1-7.2 CONTRACT BONDS ............................................................................... GP-5 2-1 WORK TO BE DONE ............................................................................... GP-6 2-2 PERMITS .............................................................................................. GP-6 Attachment 1 Bid Addendum #2 47 iii Table of Contents (CONTINUED) PAGE NUMBER 2-5 THE CONTRACTOR’S EQUIPMENT AND FACILITIES .................................... GP-6 2-5.2 TEMPORARY UTILITY SERVICES ............................................................. GP-6 2-5.4 HAUL ROUTES ..................................................................................... GP-7 2-7 CHANGES INITIATED BY THE AGENCY .................................................... GP-7 2-8 EXTRA WORK ....................................................................................... GP-8 2-9 CHANGED CONDITIONS ....................................................................... GP-8 3-1 ASSIGNMENT........................................................................................ GP-8 3-4 AUTHORITY OF THE BOARD AND THE ENGINEER ...................................... GP-8 3-5 INSPECTION ........................................................................................ GP-9 3-6 THE CONTRACTOR’S REPRESENTATIVE ............................................... GP-10 3-7 CONTRACT DOCUMENTS ..................................................................... GP-10 3-10 SURVEYING ....................................................................................... GP-11 3-10.3 LINE AND GRADE ............................................................................... GP-11 3-12 WORK SITE MAINTENANCE .................................................................. GP-11 3-12.2 AIR POLLUTION CONTROL .................................................................... GP-11 3-12.6 WATER POLLUTION CONTROL .............................................................. GP-12 3-12.6.2 BEST MANAGEMENT PRACTICES (BMP’S) ............................................. GP-13 3-12.6.3 STORM WATER POLLUTION PREVENTION PLAN (SWPPP) ...................... GP-13 3-12.6.4 DEWATERING ..................................................................................... GP-14 3-13.3 WARRANTY ....................................................................................... GP-15 4-4 TESTING ........................................................................................... GP-15 5-1 LAWS AND REGULATIONS ................................................................... GP-15 5-2 SPECIAL NOTICES .............................................................................. GP-16 5-3 LABOR .............................................................................................. GP-16 Attachment 1 Bid Addendum #2 48 iv Table of Contents (CONTINUED) PAGE NUMBER 5-3.3 PAYROLL RECORDS ........................................................................... GP-16 5-3.5 APPRENTICES ................................................................................... GP-16 5-4 INSURANCE ....................................................................................... GP-16 5-7 SAFETY ............................................................................................. GP-17 5-7.1 WORK SITE SAFETY ........................................................................... GP-17 5-7.8 STEEL PLATE COVERS ...................................................................... GP-17 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF THE WORK ........... GP-18 6-1.1 CONSTRUCTION SCHEDULE ................................................................ GP-18 6-1.3 DAILY REPORT SUBMITTAL .................................................................. GP-18 6-3 TIME OF COMPLETION ........................................................................ GP-19 6-5 USE OF IMPROVEMENT DURING CONSTRUCTION .................................. GP-19 6-7 TERMINATION OF THE CONTRACT FOR DEFAULT .................................... GP-19 6-7.3 NOTICE OF TERMINATION FOR DEFAULT ............................................... GP-19 6-7.4 RESPONSIBILITY OF SURETY ............................................................... GP-19 6-9 LIQUIDATED DAMAGES ....................................................................... GP-19 7-3 PAYMENT .......................................................................................... GP-20 7-3.2 PARTIAL AND FINAL PAYMENT ............................................................. GP-20 7-3.2.1 PROMPT PROGRESS PAYMENT TO SUBCONTRACTORS .......................... GP-22 7-3.2.2 PROMPT PAY MONITORING AND ENFORCEMENT OF PROGRESS PAYMENTS ........................................................................................ GP-22 7-3.3 DELIVERED MATERIALS ...................................................................... GP-23 7-3.4 MOBILIZATION ................................................................................... GP-23 7-3.4.1 TRAVEL ROUTE AND TRUCKING AN EQUIPMENT .................................... GP-24 Attachment 1 Bid Addendum #2 49 v Table of Contents (CONTINUED) PAGE NUMBER 7-3.4.2 CONSTRUCTION SEQUENCE/ORDER OF WORK ..................................... GP-24 7-4 PAYMENT FOR EXTRA WORK ............................................................... GP-24 7-4.2 BASIS FOR ESTABLISHING COSTS ........................................................ GP-24 7-4.2.1 LABOR .............................................................................................. GP-24 7-4.3 MARKUPS ......................................................................................... GP-24 7-4.3.1 WORK BY THE CONTRACTOR .............................................................. GP-24 7-4.3.2 WORK BY A SUBCONTRACTOR ............................................................ GP-25 7-6 SUMMARY OF PUBLIC CONTRACT CODE §9204………………………….GP-25 SECTION E SPECIAL PROVISIONS ........................................................................ SP-1 THRU SP-31 SECTION F MISCELLANEOUS CONTRACT DOCUMENTS (SAMPLE) 1 AGREEMENT (SAMPLE) .................................................................. 22 PAGES 2 COUNCIL POLICY (DRUG-FREE WORKPLACE) ................................... 3 PAGES 3 BONDS ........................................................................................... 2 PAGES 4 INSURANCE (SAMPLE) ..................................................................... 6 PAGES 5 PERMIT APPLICATION ........................................................................ 1 PAGE 6 APPLICATION FOR BUSINESS LICENSE ............................................... 1 PAGE 7 W-9 REQUEST FOR TAXPAYER I.D.NUMBER &CERTIFICATION ............ 1 PAGE SECTION G APPENDICES APPENDIX “A”PROJECT LOCATIONS AND MAP ..................................................................... 4 PAGES APPENDIX “B”STRIPING PLANS .......................................................................................... 4 PAGES APPENDIX “C”CITY AND CALTRANS STANDARD DRAWINGS ................................................ 21 PAGES Attachment 1 Bid Addendum #2 50 N-1 CITY OF COSTA MESA ORANGE COUNTY,CALIFORNIA NOTICE INVITING BIDS NOTICE IS HEREBY GIVEN that the City of Costa Mesa (“City”) invites sealed bids, to be submitted electronically only, for the following project: CITYWIDE STREET SLURRY SEAL PROJECT (MAINTENANCE ZONES 6 AND 7), CITY PROJECT NO. 21-02 1. BID SUBMISSION AND OPENING: Bids must be submitted electronically via the City of Costa Mesa’s PlanetBids portal before the deadline of 10:00 A.M., Wednesday, June 2, 2021 (per Bid Addendum #2), at which time or shortly thereafter the City Clerk will open bids electronically through PlanetBids, and the bid results will be posted online via PlanetBids. No paper bids or any other form of submittal will be accepted outside of PlanetBids. Any bid received after the scheduled closing time for the receipt of bids will be rejected. The City is not responsible for and accepts no liability in the event a response is late due to any network, internet, or any other technical difficulty or interruption. It shall be the sole responsibility of the bidder to ensure that his/her/its bid is received by the deadline. To access the bid documents and bid on this project, potential vendors and bidders must first register through the City’s PlanetBids portal at: https://www.planetbids.com/portal/portal.cfm?CompanyID=45476. 2. SCOPE OF WORK AND BID DOCUMENTS: The scope of work generally consists of mobilization, the procurement and application of Slurry Seal Type II with 2.5% latex, crack sealing, traffic striping and markings, installation of pavement markers, and implementing traffic control in Maintenance Zones 6 and 7. The plans, specifications, and bid documents for this project can be obtained via the City’s PlanetBids portal at: https://www.planetbids.com/portal/portal.cfm?CompanyID=45476. It is the bidder’s responsibility to ensure that the most current version of the solicitation, including any addenda, has been downloaded. Bids received without the applicable addenda will be rejected as incomplete. 3. PRE-BID MEETING OR JOB WALK: None. 4. BID CONTENTS: All bids must be submitted on the proposal form included in the bid documents. No bid will be considered unless it is made on the proposal form furnished by the City and made in accordance with the provisions of the bid requirements. 5. BID SECURITY: Each bidder must submit a certified check, cashier’s check, or a bid bond, made payable to or in favor of the City of Costa Mesa, in an amount equal to at least ten percent (10%) of the total amount of the bid, to the Costa Mesa City Clerk prior to the bid submission deadline. No bid will be considered unless such certified check, cashier's check, or bid bond is received by the City Clerk prior to the bid submission deadline. 6. CONTRACTOR’S LICENSE: A valid California Contractor's License Class “A” (General Engineering Contractor) issued by the California Contractors State License Board is required at the time the contract is awarded pursuant to California Public Contract Code section 3300. Each bidder must also be qualified as required by law at the time of the bid opening. Attachment 1 Bid Addendum #2 51 N-2 7. REGISTRATION WITH THE DEPARTMENT OF INDUSTRIAL RELATIONS: Pursuant to Labor Code sections 1725.5 and 1771.1, no contractor or subcontractor shall be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work unless registered and qualified pursuant to Labor Code section 1725.5. 8. PREVAILING WAGES: This project is a “public work” subject to prevailing wage requirements. Pursuant to provisions of Sections 1770 et seq. of the California Labor Code, all works employed on the project shall be paid not less than the general prevailing rate of per diem wages, as determined by the Director of the Department of Industrial Relations (DIR) for work of a similar character in the locality in which the work is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. Copies of the prevailing rate of per diem wages are on file with Costa Mesa Public Services Department and are available to any interested party upon request. The applicable State prevailing wages are also set forth on the Department of Industrial Relations’ website: http://www.dir.ca.gov; these rates are subject to predetermined increases. The prime contractor shall post a copy of the DIR’s determination of the prevailing rate of per diem wages at each job site. This project is subject to compliance monitoring and enforcement by the DIR. 9. PAYMENT BOND AND PERFORMANCE BOND: A Payment Bond and a Performance Bond, each in the amount of 100% of the contract amount, will be required of the successful bidder prior to award of the contract. 10. RETENTION: The City withholds five percent (5%) of each progress payment as retention. Pursuant to Public Contract Code section 22300, the successful bidder may substitute certain securities for money withheld by the City to ensure performance of the contract. At the request and expense of the contractor, securities equivalent to the amount withheld shall be deposited with the public agency, or with a state or federally chartered bank in this state as the escrow agent, who shall then pay those moneys to the contractor. Securities will be returned to the contractor upon satisfactory completion of the contract. 11. NON-DISCRIMINATION: The bidding process and contract are subject to State and Federal non- discrimination requirements, including but not limited to the requirement that no person or business shall discriminate on the basis of race, color, national origin, ancestry, religious creed, physical disability, mental disability, medical condition, marital status, sex, gender, gender expression, gender identity, sexual orientation, age, or military or veteran status in its solicitation, selection, hiring, or treatment of individuals or businesses in connection with the bidding process or work performed for the City in connection with the project. 12. CITY’S RIGHT TO REJECT BIDS: The City of Costa Mesa reserves the right, in its sole discretion, to reject any or all bids, or to waive any minor irregularities or informalities in any bid. 13. ADDITIONAL REQUIREMENTS: This project is subject to local, State, and Federal regulations and requirements, as detailed in the bid documents. For all inquiries, please contact Administrative Secretary: Janet Zuazo, Public Services Department, via e-mail at janet.zuazo@costamesaca.gov. Brenda Green, City Clerk City of Costa Mesa Dated: May 28, 2021 Bid Addendum #2 Attachment 1 Bid Addendum #2 52 Project and Specification No. 21-02 B-1 INFORMATION FOR BIDDERS 1. PREPARATION OF BID FORM: The City of Costa Mesa (City) requires that bids be submitted on the proposal available on PlanetBids at such time and place as is stated in the Notice Inviting Bids. All information requested in the bid forms must be provided. All bids shall be submitted electronically via the City’s public bidding platform, PlanetBids only. No other form of submittal shall be accepted. It is the sole responsibility of the Bidder to see that his bid is received in proper time. Any bid received after the scheduled closing time for receipt of bids will be rejected. Each Bidder is responsible for acknowledging all addenda. 2. QUALIFICATION OF BIDDERS: Each Bidder shall submit a list of Construction Project References indicating Public Works and/or similar construction projects completed or in progress within the last 24 months. Forms for this purpose are furnished with the bid package. 3. BID SECURITY / BID BOND: Each bid shall be accompanied by one of the following: cash, cashier's check made payable to the City, a certified check made payable to the City, or a Bidder's Bond executed by an admitted surety insurer, made payable to the City, in an amount not less than 10% of the maximum amount of the bid. This original bid security / bid bond must be submitted to the City Clerk’s Office at least one hour prior to the bid submission deadline. Any and all late submittals of the bid security / bid bond shall be rejected, and it is the bidder’s responsibility, not the delivery service, to ensure said bid security / bid bond is delivered timely to the City Clerk’s office. The Bidder’s Bond shall be signed by both, the Bidder and the Surety; and both signatures shall be notarized. The bid security shall be given as a guarantee that the Bidder, if awarded the work, shall execute the contract in conformity with the Contract Documents and shall provide the surety bond or bonds as specified therein within fourteen (14) calendar days after a written Notice of Intent to Award Contract is deposited in the mail. 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. 4. NONCOLLUSION AFFIDAVIT: Each bid shall be accompanied by a notarized Noncollusion Affidavit on a form which is included in the Contract Documents. 5. SIGNATURE: Via the PlanetBids platform, the bid must be electronically or digitally signed in the name of the Bidder and must be person or persons duly authorized to sign the bid on behalf of the Bidder. 6. CORRECTIONS: Any corrections made to the submitted bid must be made electronically via PlanetBids. 7. DELIVERY OF PROPOSAL: Proposals shall be submitted electronically via PlanetBids: https://www.planetbids.com/portal/portal.cfm?CompanyID=45476. No other form of submittal shall be accepted by the City. 8. BID DEPOSIT RETURN: Deposits of three of more low bidders, the number being at the discretion of the City, will be held for sixty (60) calendar days or until posting by the successful bidder of the Bonds and Certificates of Insurance required and Attachment 1 Bid Addendum #2 53 Project and Specification No. 21-02 B-2 return of executed copies of the Agreement, whichever first occurs, at which time the deposits will be returned. 9. 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. 10. WITHDRAWAL OF BIDS: Any bidder may withdraw his bid either personally, by written request, or by telegraphic request confirmed in the manner specified above at any time prior to the scheduled closing time for receipt of bids. 11. AGREEMENT AND BONDS: The Agreement form, which the successful bidder, as Contractor, will be required to execute, and the forms and amounts of surety bonds and Certificate of Insurance which he will be required to furnish prior to the execution of the Agreement, are included in the Contract Documents and should be carefully examined by the Bidder. The successful Bidder will be required to submit THREE (3) executed copies of the Agreement, the Performance Bond, the Payment Bond and the Certificate of Insurance. Payment and performance bonds shall be issued by a surety who is listed in the latest revision of U.S. Department of Treasury Circular 570 and Code of Civil Procedure Section 995.120. The Performance Bond and the Payment Bond shall be signed by both, the Bidder and the Surety; and both signatures shall be notarized. 12. FORFEITURE FOR FAILURE TO POST SECURITY AND EXECUTE AGREEMENT: In the event the Bidder to whom the Notice of Intent to Award Contract is given fails or refuses to post the required bonds and Certificate of Insurance and return executed copies of the Agreement within fourteen (14) calendar days after notification, the City may declare the Bidder's bid deposit or bond forfeited as damages caused by the failure of the bidder to post such security and execute such copies of the Agreement, and may give Notice of Intent to Award Contract to the next lowest responsive and responsible bidder, or may call for new bids. 13. BIDDERS INTERESTED IN MORE THAN ONE BID: No person, firm or corporation shall be allowed to make, or file or be interested in more than one bid for the same work unless alternate bids are specifically called for. 14. EXAMINATION OF SITE AND CONTRACT DOCUMENTS: Each bidder shall visit the site of the proposed work and fully acquaint himself with the conditions relating to the construction and labor so that he may fully understand the facilities, difficulties, and restrictions attending the execution of the work under the contract. Bidders shall thoroughly examine and be familiar with the drawings and specifications. The failure or omission of any bidder to receive or examine any contract document, form, instrument, addendum, or other document or to visit the site and acquaint himself with conditions there existing shall in no way relieve any bidder from any obligation with respect to his bid or to the contract. The submission of a bid shall be taken as prima facie evidence of compliance with this section. Attachment 1 Bid Addendum #2 54 Project and Specification No. 21-02 B-3 15. INTERPRETATION OF PLANS AND DOCUMENTS: If any Bidder contemplating submitting a bid for the proposed contract is in doubt as to the true meaning of any part of the drawings, specifications, or other Contract Documents, or finds discrepancies in, or omissions from the drawings and specifications, it may submit to the Engineer a written request for an interpretation or correction thereof. The Bidder submitting the Request for Interpretation (RFI) shall be responsible for its prompt delivery and on the form included within this IFB (Page B-6) Any interpretation or correction of the Contract Documents will be made only by addendum duly issued and a copy of such addendum will be mailed or delivered to each person receiving a set of the Contract Documents. No person is authorized to make any oral interpretation of any provision in the Contract Documents to any Bidder, and no Bidder is authorized to rely on any such unauthorized oral interpretation. 16. 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 and shall be returned with the bid package. Failure to submit any such addenda with the bid package may render the bid irregular and result in its rejection by the City. 17. QUESTIONS TO THE ENGINEER: Questions regarding the bid documents (i.e. Plans, Specifications, Contract Documents, Bid Forms, etc.) will be received by the Engineer up to five (5) working days prior to the bid opening as specified in the Notice Inviting Bids. Questions asked of the Engineer after this time will not be addressed. 18. EQUIVALENT MATERIALS: Requests for the use of equivalents to those specified, must be submitted to the City. Only substitutions approved prior to bid due date via addenda Product Substitutions, will be considered. No substitutions will be considered after bid due date and contract award. It is the sole responsibility of the successful bidder to prove to the City that such a material is truly an equivalent. 19. EVIDENCE OF RESPONSIBILITY: Upon the request of the City, a bidder whose bid is under consideration for the award of the contract shall submit promptly to the City satisfactory evidence showing the Bidder's financial resources, its construction experience, and its organization and plant facilities available for the performance of the contract. 20. 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. Additionally, any Bidder submitting a proposal shall, by such action thereby, agree to pay at least the minimum prevailing per diem wages as provided in Section 1773, et. seq. of the Labor Code for each craft, classification or type of workman required as set forth by the Director of Industrial Relations of the State of California. Attachment 1 Bid Addendum #2 55 Project and Specification No. 21-02 B-4 21. ANTI-DISCRIMINATION: It is the policy of the City that in connection with all work performed under contracts, there be no discrimination against any prospective or active employee engaged in the work because of race, color, ancestry, national origin, religious creed, sex, age, or marital status. The Contractor agrees to comply with applicable Federal and California laws including, but not limited to, the California Fair Employment Practice Act, beginning with Government Code Section 12900, and Labor Code Section 1735. In addition, the Contractor agrees to require like compliance by any subcontractors employed on the work by him/her. 22. DRUG-FREE WORKPLACE POLICY: Contractor, upon notification of contract award, shall establish a Drug-Free Awareness Program to inform employees of the dangers of drug abuse in the workplace, the penalties that may be imposed upon employees for drug abuse violations occurring in the workplace, and the employee assistance programs available to employees. Each employee engaged in the performance of a City contract must be notified of this Drug-Free Awareness Program, and must abide by its terms. Contractor shall conform to all the requirements of City's Policy No. 100-5. Failure to establish a program, notify employees, or inform the City of a drug-related workplace conviction will constitute a material breach of contract and cause for immediate termination of the contract by the City. 23. BID PROTEST PROCEDURES: Any bid protest must be submitted in writing before 5:00 PM of the 5th business day following bid openings. The initial protest document shall contain a complete statement of the basis for the protest. The protest shall refer to the specific portion of the document which forms the basis for the protest. The protest shall include the name, address and telephone number of the person representing the protesting party. The party filing the protest shall concurrently transmit a copy of the initial protest document and any attached documentation to all other parties with a direct financial interest which may be adversely affected by the outcome of the protest. Such parties shall include all other Bidders or proposers who appear to have a reasonable prospect of receiving an award depending upon the outcome of the protest. Upon receipt of a bid protest, the matter shall be reviewed by the Public Services Director, whose decision shall be final. This procedure supersedes the procedure of appeal outlined in City of Costa Mesa Municipal Code Section 2-303. 24. ASSEMBLY BILL 626: Assembly Bill 626 (AB 626), adds section 9204 to the Public Contract Code creating a claims resolution process applicable to any claim (as defined) by a contractor against a public entity filed in connection with a public works project. Section 9204 applies to public works contracts entered into on and after January 1, 2017. The legislation was supposed to sunset (end) on January 1, 2020, unless extended by subsequent legislation. The summary of Section 9204 is specified as follows: In the event of any dispute or controversy with the City over any matter whatsoever, the Contractor shall not cause any delay or cessation in or of Work, but shall proceed with the performance of the Work in dispute. The Contractor shall retain any and all rights provided that pertain to the resolution of disputes and protests Attachment 1 Bid Addendum #2 56 Project and Specification No. 21-02 B-5 between the parties. The Disputed Work will be categorized as an “unresolved dispute” and payment, if any, shall be as later determined by agreement or a court of law. The Contractor shall keep accurate, detailed records of all Disputed Work, claims and other disputed matters. All claims arising out of or related to the Contract Documents or this Project, and the consideration and payment of such claims, are subject to the Government Claims Act (Government Code Section 810 et seq.) with regard to filing claims. All such claims are also subject to the dispute procedures set forth in Public Contract Code Section 9204 and Public Contract Code Section 20104, et seq. (Article 1.5), to the extent each is applicable. This Contract hereby incorporates those provisions as through fully set forth herein. Thus, the Contractor or any Subcontractor must file a claim in accordance with the Government Claims Act as a prerequisite to filing a construction claim in compliance with Section 9204 and Section 20104 et seq. (if applicable), and must then adhere to Section 20104, et seq. and Section 9204, as applicable, pursuant to the definition of “claim” as individually defined therein. Attachment 1 Bid Addendum #2 57 Project and Specification No. 21-02 B-6 REQUEST FOR INTERPRETATION OF CONTRACT DOCUMENTS Date: Time: Company: Contact Person: Address: Telephone: FAX: Plan Sheet: Specification Section: INTERPRETATION REQUESTED: REPLY: T0 A/E: Attachment 1 Bid Addendum #2 58 P-1(rev) BID PROPOSAL SECTION C PROPOSAL FOR THE CITYWIDE STREET SLURRY SEAL PROJECT (MAINTENANCE ZONES 6 AND 7) CITY PROJECT NO.21-02 The Honorable City Council City of Costa Mesa 77 Fair Drive Costa Mesa, CA 92626 Dear Council Members: In compliance with the NOTICE INVITING BIDS FOR THE CITYWIDE STREET SLURRY SEAL PROJECT (MAINTENANCE ZONES 6 AND 7), CITY PROJECT NO. 21-02, a copy which is hereto attached, the undersigned has carefully examined the location of the proposed Work, the Plans, Specifications and other Contract Documents and is therefore satisfied as to the conditions to be encountered, as to the character, quality and quantity of work to be performed and materials to be furnished and as to the requirements of the specifications and the Contract. It is mutually agreed that the submission of a proposal shall be considered prima facie evidence that the BIDDER has made such examination. If awarded the Contract, the undersigned agrees to commence the Work under the Contract WITHIN TEN (10) WORKING DAYS AFTER DATE OF CONTRACT, AND COMPLETE SAID WORK WITHIN FORTY (40) WORKING DAYS from the first day of commencement of such work unless legal extension is granted in accordance with the terms set forth in the specifications, and to perform and complete the Work as shown on the Plans and in accordance with the Specifications and other Contract Documents, and to furnish all labor, materials, tools and equipment necessary to complete the Work in-place therefor, in the manner and time herein prescribed at the following prices, to wit: ____ Bidder's Initials BID SCHEDULE PROPOSAL ITEM #BID ITEM DECRIPTION EST. QTY. UNIT UNIT PRICE (in figures) ITEMS TOTAL (in figures) 1 Mobilization 1 L.S. $ $ 2 Additional Work Items 1 F.A. $ 50,000 $ 50,000 3 Slurry Seal Type II with 2.5% Latex 2,000 E.L.T. $ $ 4 Crack Seal 1 L.S. $ $ 5 Lane Markings, Lane Striping, Pavement Legends, and Raised Pavement Markers 1 L.S. $ $ Attachment 1 Bid Addendum #2 59 P-1b (rev) ___________________________________________________________________ ___________________________________________________________________ The award of the Contract shall be based on the lowest responsive Bid amount, and the City reserves the right to delete one or more bid items and/or to increase and/or to decrease bid items’ quantities. The CITY also reserves the right to reject all Bids. _____________ Bidder's Initials BID SCHEDULE PROPOSAL (Continued) ITEM #BID ITEM DECRIPTION EST. QTY. UNIT UNIT PRICE (in figures) ITEMS TOTAL (in figures) 6 Blue “Fire Hydrant” Raised Pavement Markers 122 EA. $ $ 7 Temporary Traffic Control 1 L.S. $ $ TOTAL BID PROPOSAL FIGURES: $ TOTAL BID PROPOSAL (Words): Attachment 1 Bid Addendum #2 60 P-1c (rev) BID PROPOSAL PROPOSAL BID SCHEDULE (CONTINUED) NOTES: 1. The accuracy of estimate quantities as shown is not guaranteed; the Bidder shall make his/her own estimate from the drawings and field review for verification. If the unit price and the total amount are different, the unit price will control the bid. Payment shall be based on actual work done and/or actual quantities used. 2. The City reserves the right to delete one or more bid items and/or to increase or decrease bid items’ quantities, at no additional cost to the City. 3. FA designates force account. Payment shall be made on a time and materials basis, only if directed by the ENGINEER. 4. (F) Designates Final Pay Item. When an item of work is designated as “FINAL PAY ITEM” in the Specifications, the estimated quantity for that item of work shall be the final pay quantity, unless the dimensions of any portion of that item are revised by the Engineer, or the item or any portion of the item is eliminated. If the dimensions of any portion of the item are revised, and the revisions result in an increase or decrease in the estimated quantity of that item of work, the final pay quantity for the item will be revised in the amount represented by the changes in the dimensions. If a final pay item is eliminated, the estimated quantity for the item will be eliminated. If a portion of a final pay item is eliminated, the final pay quantity will be revised in the amount represented by the eliminated portion of the item of work. The estimated quantity for each item of work designated as “FINAL PAY ITEM” in the Specifications, shall be considered as approximate only, and no guarantee is made that the quantity which can be determined by computations, based on the details and dimensions shown on the plans, will equal the estimated quantity. No allowance will be made in the event that the quantity based on computations does not equal the estimated quantity. In case of discrepancy between the quantity shown in the Engineer’s Estimate for a final pay item and the quantity or summation of quantities for the same item shown on the plans, payment will be based on the quantity shown in the Engineer’s Estimate. 5. Bidder declares that it has read and understands Items 14 & 15 of Information for Bidders (Page B-2 and B-3). 6. Bidder agrees to initial or notarize (if applicable) all pages on P-1, P-1a, P-1b, and P1-c and uploaded onto PlanetBids. _____________ Bidder's Initials Attachment 1 Bid Addendum #2 61 Project and Specification No. 21-02 P-2 PROPOSAL SCHEDULE PROPOSAL SCHEDULE (CONTINUED) (Please Type or Print) Total Amount for Base Bid (in written words) ($ ) in figures Contractor's Lawful Name: _______________________________________________ Bidder's Name: Bidder's Initials: Contractor's License No. Expiration: Contractor's Taxpayer I.D. Number: Contractor's DIR Registration Number: Signature: Date: Contractor's Address: Telephone Number:( ) Mobile No.:( ) ___________ Fax Number: ( ) E-mail: 24-Hour Emergency Contacts: Telephone Number: ( ) Name Mobile No.: ( ) ________________ Telephone No.: ( ) Name Mobile No.: ( ) ________________ Telephone No.: ( ) Name Mobile No.: ( ) ________________ _____________ Bidder's Initials Attachment 1 Bid Addendum #2 62 Project and Specification No. 21-02 P-2a PROPOSAL SCHEDULE PROPOSAL SCHEDULE (CONTINUED) The Contractor agrees that the City will not be held responsible if any of the approximate quantities shown in the foregoing proposal shall be found incorrect, and he shall not make any claim for damages or for loss of profits because of a difference between the quantities of the various classes of work as estimated and the work actually done. If any error, omission or misstatements shall be discovered in the estimated quantities, it shall not invalidate this contract or release the Contractor from the execution and completion of the whole or part of the work herein specified, in accordance with the specifications and the plans herein mentioned and the prices herein agreed upon and fixed therefore, or excuse him from any of the obligations or liabilities hereunder, or entitle him to any damages or compensation otherwise than as provided for in this contract. The Contractor agrees that the City shall have the right to increase or decrease the quantity of any bid item or portion of the work or to omit portions of the work as may be deemed necessary or expedient, and that the payment for incidental items or work, not separately provided in the proposal shall be considered included in the price bid for other various items or work. Accompanying this proposal is "Cash," "Certified Check," or "Bidder's Bond" (circle one) in the amount of ($ ) equal to at least ten (10%) percent of the total bid price, payable to the City of Costa Mesa, to guarantee that within fourteen (14) days after written notice is deposited in the mail, or the bidder has received notice by telephone, the bidder will furnish proper Certificates of Insurance, and required bonds satisfactory to the City and execute a contract in accordance with the proposal and in the manner and form required by the contract documents. The undersigned deposits the above-named security as a proposal guarantee and agrees that it shall be forfeited to the City of Costa Mesa as Liquidated Damages if the above requirements are not complied with. _____________ Bidder's Initials Attachment 1 Bid Addendum #2 63 Project and Specification No. 21-02 P-3 PROPOSAL SCHEDULE Respectfully Submitted, Contractor's Business Name Contractor Title Business Address: Street Singed By Title City State Zip Contractor's License No. and Classification Exp. Date Business Phone Number Date Name Title Residence: Street City State Zip Residence phone Number If the bid is by a corporation, state the names of the officers who can sign an agreement on behalf of the corporation and whether more than one officer must sign. Corporation Taxpayer I.D. Number: Can Sign Must Sign Name Name Name If the bid is by a partnership or a joint venture, state the names and addresses of all general partners and joint ventures. Partnership or Joint Ventures Taxpayer I.D. Number: Name Address Name Address If the bidder is a sole proprietorship or another entity that does business under a fictitious name, the bid shall be in the real name of the bidder with a designation following showing "DBA (the fictitious name)"; provided, however, no fictitious name shall be used unless there is a current registration with the Orange County Recorder. The full names and residences of all persons and parties interested in the foregoing proposal, as principals, are as follows: NOTE: Give first and last names in full; in case of corporation, give names of President, Secretary, Treasurer and Manager, and affix corporate seal; in case of partnerships and joint ventures, give names of all the individual members. _____________ Bidder's Initials Attachment 1 Bid Addendum #2 64 Project and Specification No. 21-02 P-4 CONSTRUCTION REFERENCES Bidder shall signify receipt of all Addenda here, if any: Addendum No.Date Received Bidder's Signature CONSTRUCTION PROJECT REFERENCES In order to more fully evaluate your firm’s background and experience for the project herein proposed, it is requested that you submit a list of Public Works and/or similar construction projects completed, or in progress, within the last 24 months. This information will be used to evaluate whether the bid is responsive and or responsible to the call for bids. Date Project Awarded Awarding Agency Agency's Contract Administrator Contact Information _____________ Bidder's Initials Attachment 1 Bid Addendum #2 65 Project and Specification No. 21-02 P-5 SUBCONTRACTOR DESIGNATION DESIGNATION OF SUBCONTRACTORS In compliance with the "Subletting and Subcontracting Fair Practices Act" being Sections 4100-4113 of the Public Contract Code of the State of California, and any amendments thereto, each bidder shall set forth below the name and location of the place of business of each subcontractor who will perform work or labor or render service to the prime contractor in or about the construction of the work or improvement in an amount in excess of one-half (½) of one percent (1%) of the prime contractor's total bid or in the case of bids for the construction of streets or highways, including bridges, in excess of one-half (½) of one percent (1%) of the prime contractor’s total bid or ten thousand ($10,000) dollars, whichever is greater. Bidder shall further set forth the portion of the work, which will be done by each such subcontractor with its Department of Industrial Relations (DIR) registration number. Only one subcontractor for each such portion shall be listed. If the contractor fails to specify a subcontractor for any portion of the work to be performed under the contract, he/she/it shall be deemed to have agreed to perform the balance of all work, which is not covered, and he/she/it shall not be permitted to subcontract that portion of the work except under the conditions hereinafter set forth. Subletting or subcontracting of any portion of the work to which no subcontractor was designated in the original bid, shall only be permitted in cases of public emergency or necessity, and then only after a finding reduced to writing as a public record of the Legislative Body of the Owner. All information must be filled out and typed. Please use additional pages in this format if needed. Bid Item (s) Number % Portion of Work Name, Address and E-mail of Subcontractor State License Number Class DIR Registration Number By submission of this proposal, the Bidder certifies: 1.That (I)(we)(it) is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2.That the AGENCY will be furnished copies of all subcontracts entered into by subcontractor for this project. _____________ Bidder's Initials Attachment 1 Bid Addendum #2 66 Project and Specification No. 21-02 P-6 BIDDERS BOND BIDDER'S BOND TO ACCOMPANY PROPOSAL (Required if the bidder desires to submit bond instead of a certified or cashier's check.) KNOW ALL PEOPLE BY THESE PRESENTS: That we, as principals, and _______________________________________________________ as surety, are held and firmly bound unto the City of Costa Mesa, a municipal corporation, organized under the laws of the State of California and situated in Orange County in the sum of ________________________________________________ ($_____________) to be paid to the City, its successors and assigns, for which payment well and truly to be made, we bind ourselves, our heirs, executors, and administrators, successors or assigns, jointly and severally firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, That is the certain proposal of the above bounden, _____________________, if accepted by the City of Costa Mesa, and if the above bounden, ________________________________________, his heirs, executors, administrators, successors and assigns, shall duly enter into and execute a contract for such construction, and shall execute and deliver the CERTIFICATE OF INSURANCE and the LABOR AND MATERIAL and the FAITHFUL PERFORMANCE BONDS described within fourteen (14) days from the date of the mailing of a notice of the above bounden, _________________________________________________, by and from the City, that said contract is ready for execution, then this obligation shall become null and void; otherwise it shall be and remain in full force and virtue. IN WITNESS WHEREOF: We hereunto set our hands and seals this _____ day of _____________, 20__. _______________________________ _______________________________ ________________________________ _______________________________ ________________________________ _______________________________ Contractor/ Principal Surety/Power of Attorney (Notary Acknowledgement to be attached)(Notary Acknowledgment to be attached) _____________ Bidder's Initials Attachment 1 Bid Addendum #2 67 Project and Specification No. 21-02 P-7 CONTRACT ASSURANCE CONTRACT ASSURANCE The CONTRACTOR or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The CONTRACTOR shall carry out applicable requirements of 49 CFR part 26 in the award and administration of DOT-assisted contracts. Failure by the CONTRACTOR to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as recipient deems appropriate. The CONTRACTOR will require that the above provision is included in all subcontracts. _____________ Bidder's Initials Attachment 1 Bid Addendum #2 68 Project and Specification No. 21-02 P-8 NONCOLLUSION AFFADAVIT NONCOLLUSION AFFIDAVIT The bidders, by its officers and agents or representatives present at the time of filing this bid, being duly sworn on their oaths say, that neither they nor any of them have in any way directly or indirectly entered into any arrangement or agreement with any other bidder, or with any public officer of such CITY OF COSTA MESA whereby such affiant or affiants or either of them has paid or I s to pay to such bidder or public officer any sum of money, or has given or is to give to such other bidder or public officer anything of value whatever, or such affiant or affiants or either of them has not directly or indirectly, entered into any arrangement or agreement with any other bidder or bidders, which tends to or does lessen or destroy free competition in the letting of the contract sought for on the attached bids; that no bid has been accepted from any subcontractor or supplier through any bid depository, the By-Laws, Rules, or Regulations of which prohibit or prevent the Contractor from considering any bid from any subcontractor or supplier which is not processed through said bid depository, or which prevent any subcontractor or supplier from bidding to any Contractor who does not use the facilities or accept bids from or through such bid depository; that bidder has not bid as subcontractor to other bidders; that no inducement of any form or character other than that which appears upon the face of the bid will be suggested, offered, paid or delivered to any person of the contract, nor has this bidder any agreement or understanding of any kind whatsoever, with any person whomsoever to pay, deliver to, or share with any other person in any way or manner, any of the proceeds of the contracts sought by this bid. _______________________________ Contractor Firm Name _______________________________ Name of Principal _______________________________ Title _______________________________ Signature Subscribed and sworn to before me by: _________________________________ This ____ day of _____________, 20___. My Commission Expires: ____________ Notary Public Bidder's Initials Attachment 1 Bid Addendum #2 69 Project and Specification No. 21-02 P-9 WORKERS’ COMPENSATION INSURANCE CONTRACTOR'S CERTIFICATION OF WORKERS' COMPENSATION INSURANCE REQUIREMENTS FOR PUBLIC WORKS PROJECTS (Labor Code §1861) I am aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this contract. Dated: CONTRACTOR Company Name PROJECT: CITYWIDE STREET SLURRY SEAL PROJECT (MAINTENANCE ZONES 6 AND 7), CITY PROJECT NO. 21-02 _____________ Bidder's Initials Attachment 1 Bid Addendum #2 70 Project and Specification No. 21-02 P-10 DRUG-FREE WORKPLACE DRUG-FREE WORKPLACE POLICY CONTRACTOR, upon notification of contract award, shall establish a Drug-Free Awareness Program to inform employees of the dangers of drug abuse in the workplace, the penalties that may be imposed upon employees for drug abuse violations occurring in the workplace, and the employee assistance programs available to employees. Each employee engaged in the performance of a CITY contract must be notified of this Drug- Free Awareness Program, and must abide by its terms. Failure to establish a program, notify employees, or inform CITY of a drug-related workplace conviction will constitute a material breach of contract and cause for immediate termination of the contract by CITY. CONTRACTOR shall conform to all the requirements of CITY'S Policy No. 100-5. A copy of this policy is attached to the sample contract agreement as an attachment in the Project Specifications. _____________ Bidder's Initials Attachment 1 Bid Addendum #2 71 Project and Specification No. 21-02 P-11 CAMPAIGN CONTRIBUTION DISCLOSURE BIDDER/APPLICANT/CONTRACTOR CAMPAIGN CONTRIBUTION DISCLOSURE FORM Proposer/Consultant/Applicant is required to identify any campaign contribution or cumulative contributions greater than $249 to any city council member in the twelve months prior to submitting an application, proposal, statement of qualifications or bid requiring approval by the City Council. Date Name of Donor Company/Business Affiliation Name of Recipient Amount Except as described above, I/we have not made any campaign contribution in the amount of $250 or more to any Costa Mesa City Council Member in the twelve months preceding this Application/Proposal. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Bidder/Applicant/Proposer Date _____________ Bidder's Initials Attachment 1 Bid Addendum #2 72 (GENPROVS) GP-1 SECTION D GENERAL PROVISIONS PART 1 SECTION 1 – GENERAL 1-2 GENERAL [Add the following:]. Except as hereinafter provided, the provisions of the latest edition of the Standard Specifications for Public Works Construction (“Green Book”), and all amendments thereto, adopted by the Joint Cooperative Committee of Southern California Chapter, American Public Works Association, Southern California District and Associated Contractors of California; hereinafter referred to as Standard Specifications, are adopted as the "Standard Specifications of the City of Costa Mesa" and shall be considered as a part of these specifications. Copies of the Standard Specifications are available from the publisher: BNi Building News 1612 S. Clementine Street Anaheim, California 92802 (714) 517-0971 Where specified in these specifications, the latest edition of the California Building Code, based on the latest edition of the International Building Code, the latest edition of the "Standard Specifications and Standard Plans of the State of California, Department of Transportation, Division of Highways," "Standard Plans of the Orange County Environmental Management Agency," and "Los Angeles County Flood Control District, Design Manual, Standard Drawings" shall apply or unless otherwise noted in these specifications or at the direction of the ENGINEER. Where referenced in these Specifications, the latest edition of the “City of Costa Mesa Standard Drawings” and the “Work Area Traffic Control Handbook (WATCH)” published by Building News, Inc., shall also apply. The section numbers of these General Provisions coincide with those of the said Standard Specifications. Only those sections requiring amendment, elaboration, or specifying options, are called out. The following modifications are made to the "Standard Specifications." If there is a conflict between the "Standard Specifications" and these modifications, these modifications shall have first precedence. Attachment 1 Bid Addendum #2 73 (GENPROVS) GP-2 1-2 TERMS AND DEFINITIONS [Add or redefine the following:]. (a) AGENCY The City of Costa Mesa, California, hereinafter referred to as "CITY." (b) BOARD The City Council of the City of Costa Mesa, California, hereinafter referred to as "BOARD." (c) CONTRACT DOCUMENTS Documents including but not limited to the following: The proposal form P-1 through P-9b, Notice Inviting Bids, Standard Specifications, General Provisions, Special Provisions, Plans, Bonds, Insurance Certificates, Agreement, and all Addenda setting forth any modifications of the documents as further specified in contract agreement. (d) ENGINEER The administrating officer of the City of Costa Mesa or his authorized representative hereinafter referred to as ENGINEER. (e) BIDDER Any individual, firm, partnership, corporation, or combination thereof, submitting a bid proposal for the work contemplated in the contract documents, acting directly or through a duly authorized representative, hereinafter referred to as BIDDER. (f) LEGAL ADDRESS OF CONTRACTOR The legal address of the Contractor shall be the address given on the Contractor's bid and is hereby designated as the place to which all notices, letters or other communications to the Contractor shall be mailed or delivered. (g) LABORATORY An established laboratory approved and authorized by the ENGINEER for testing materials and work involved in the contract. 1-3 ABBREVIATIONS CALTRANS State of California, Department of Transportation, Division of Highways O.C.E.M.A. Orange County Environmental Management Agency L.A.C.F.C.D. Los Angeles County Flood Control District Attachment 1 Bid Addendum #2 74 (GENPROVS) GP-3 1-6 BIDDING AND SUBMISSION OF THE BID 1-6.1 General [Add the following:]. Proposal shall be made and submitted on proposal forms P-1 through P-9a in accordance with the Notice Inviting Bids. In addition to the required signatures in the spaces provided in the proposal forms, each BIDDER shall initial each sheet of the proposal forms at the bottom right hand corner. No person, firm, partnership, corporation, or combination thereof shall be allowed to make or file or be interested in more than one bid for the same work, unless alternate bids are called for. A person, firm, partnership, corporation, or combination thereof who has submitted a sub-proposal to a BIDDER or who has quoted prices on materials to a BIDDER is not thereby disqualified from submitting a sub-proposal to or quoting prices to the other bidders. If, on the opening of bids, more than one bid appears in which the same person, firm, partnership, corporation or combination thereof is interested as a principal, all such bids shall be rejected. Proposals with interlineations, alterations, or erasures shall be initialed by the BIDDER'S authorized agent. Alternative proposals, special conditions, or other limitations or provisions affecting the bid, except as such called for in the contract documents, will render the bid informal and may cause its rejection. All proposals must give the prices bid for the various items of work and must be signed by the BIDDER, who shall give his address. Each bid shall have thereon the affidavit of the BIDDER that such bid is genuine and not sham nor collusive, nor made in the interest nor behalf of any other person not therein named and that the BIDDER has not directly nor indirectly induced or solicited any other BIDDER to put in a sham bid, nor induced nor solicited any person, firm, partnership, corporation, or combination thereof to refrain from bidding, and that the BIDDER has not in any manner sought by collusion to secure himself an advantage over any other BIDDER. A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5 of the Labor Code. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded. 1-6.1.1 Request for Interpretation If any person contemplating submitting a bid is in doubt as to the meaning of any part of the Plans, Specification, or other proposed Contract Documents, or finds discrepancies in, or omissions from the drawings or specifications, (It, he, she) may make a request to the ENGINEER, in writing, for an interpretation or correction thereof pursuant to the Attachment 1 Bid Addendum #2 75 (GENPROVS) GP-4 provisions in the Information for Bidders section of these specifications. The person submitting such a request shall be responsible for its prompt delivery. All such interpretations of the Contract Documents will be made only by addenda duly issued, and a copy of each such addendum will be mailed or delivered to each person receiving a set of Contract Documents at (its, his, her) last address of record. The CITY will not be responsible for any other explanations or interpretations of the Contract Documents. 1-6.1.2 Soil Conditions The BIDDER shall inspect the soil conditions before submitting a bid. By submitting a bid, the BIDDER acknowledges that he is satisfied with the quality of the work area including but not restricted to the conditions affecting, handling and storage of materials, disposal of excess materials, and the soil conditions. 1-6.1.3 Return of Bid Security Any BIDDER may withdraw its bid, either personally, or by telegraphic or written request, at any time prior to the scheduled closing time for the receipt of bids. It is the sole responsibility of the BIDDER to see that any such telegraphic or written request is delivered to the City Clerk prior to said closing time. Bid security of such BIDDERS will be returned promptly to the BIDDER. The bid security of the BIDDER whose bid is accepted will be held by the CITY until the contract has been executed and the accompanying insurance certificates, performance bond and labor and materials bond are approved and filed, whereupon the bid security will then be returned to the BIDDER. The bid security of the second and third lowest BIDDERS will be retained until the contract is awarded to and executed by the BIDDER whose bid is accepted, or until 45 days after the opening of bids, whichever period is shorter. The bid security of all BIDDERS other than the three lowest will be returned promptly after the opening of bids. If a BIDDER fails or refuses promptly to execute the agreement to do the work or fails or refuses to comply with insurance and bonding requirements, the bid security shall be forfeited to the CITY and shall be collected and paid into the General Fund of the CITY. 1-6.2 Subcontractor Listing [Add the following:]. The ENGINEER, as duly authorized officer, may consent to subcontractor substitution requested by the Contractor subject to the limitations and notices prescribed in Section 4107 of the Public Contract Code. Attachment 1 Bid Addendum #2 76 (GENPROVS) GP-5 1-7 AWARD AND EXECUTION OF THE CONTRACT 1-7.1 General [Add the following:]. The award of contract, if awarded, will be to the lowest responsive and responsible bidder whose proposal complies with all requirements of the Notice Inviting Bids and Section 1-6 of these specifications. The BIDDER, upon notification as the "apparent low bidder," shall comply with the CITY'S insurance and bonding requirements by submitting the required insurance certificates and bonds within fourteen (14) days after the mailing of a Notice of Award to the BIDDER that the contract is ready for execution. The contract will be awarded within thirty (30) days of receipt of properly approved insurance certificates and bonds pursuant to CITY requirements spelled out in these specifications. BIDDER must take particular note of "insurance requirements" contained in these specifications and sample agreement included within the contract documents, and should provide that information to his insurance broker in order that a properly executed certificate is submitted. The CITY, however, reserves the right to reject any or all bids and to waive any informality in the bids received. 1-7.1.1 Execution of Agreement The Agreement shall be signed by the successful BIDDER and returned to the CITY no later than fourteen (14) days from Notice of Award of the Contract by the CITY. Failure to comply with insurance and bonding requirements as specified in the Agreement and in Section 1-7.1 of these General Provisions shall be considered grounds for the revocation and rejection of the bid and forfeiture of bid security. No proposal shall be considered binding upon the CITY until the execution of the agreement by the CITY. In case of conflict, the agreement shall have precedence over all other written specifications. 1-7.2 Contract Bonds [Add the following:]. The "Faithful Performance Bond" and the "Labor and Material Bond" as specified in this section shall be for one hundred percent (100%) of the Contract price. The Labor and Material Bond shall be maintained by the Contractor in full force and effect for at least seven (7) months following the filing of the Notice of Completion. The Faithful Performance Bond shall also be kept by the Contractor in full force and effect for at least one (1) year following the filing of the Notice of Completion. CONTRACTOR shall provide the following: A certified copy of the certificate of authority of the surety issued by the Insurance Commissioner. A certificate from the clerk of the county in which the court or officer is located that the certificate of authority of the surety has not been surrendered, revoked, canceled, annulled, or suspended or, in the event that it has, that renewed authority has been granted. Attachment 1 Bid Addendum #2 77 (GENPROVS) GP-6 Copies of the surety’s most recent annual statement and quarterly statement filed with the Department of Insurance pursuant to Article 10 (commencing with Section 900) of Chapter 1 of Part 2 of Division 1 of the Insurance Code. SECTION 2 – SCOPE OF THE WORK 2-1 WORK TO BE DONE [Replace in its entirety with the following:]. The Work to be performed generally consists of mobilization, the procurement and application of Slurry Seal Type II with 2.5% latex; crack sealing; traffic striping and markings; installation of pavement markers; implementing traffic control in Maintenance Zones 6 and 7; notifications to businesses and residents; and all other work as required as shown on the Plans and specified within these Contract Documents. The CONTRACTOR shall furnish all labor, materials, tools, equipment and incidentals necessary to perform and complete the Work as shown on the Plans and these Contract Documents, and to the satisfaction of the ENGINEER. 2-2 PERMITS [Add the following:]. All permits and licenses shall be obtained in sufficient time to prevent delays to the work. In the event that the CITY has obtained permits, licenses or other authorizations applicable to the work, the Contractor shall comply with the provisions of said permits, licenses and other authorizations. • The Contractor is directed to Appendix ‘C’ - Caltrans Encroachment Permit and shall pay the permit fee, obtain the double permit rider, and comply with the conditions of said permit. 2-5 THE CONTRACTOR’S EQUIPMENT AND FACILITIES 2-5.1 General [Add the following:]. The Contractor shall only use the proper construction equipment to protect the City streets from breaking up and deterioration. Haul trucks shall be limited to a gross vehicle weight of 10 tons or less. 2-5.2 Temporary Utility Services [Add the following:]. The Contractor shall provide for his employees an adequate supply of clean, potable drinking water, which shall be dispensed through approved sanitary facilities. Attachment 1 Bid Addendum #2 78 (GENPROVS) GP-7 If water is needed during construction, Contractor shall contact Mesa Consolidated Water District or the Irvine Ranch Water District to obtain necessary permits, instructions, and meters prior to commencing work. The Contractor is required to make any and all necessary installations and connections. All water shall be metered. The Contractor shall pay for all deposits and fees involved. 2-5.4 Haul Routes [Add the following:]. In order to protect the City streets from deterioration due to hauling of materials, the Contractor shall submit to the ENGINEER (at the pre-construction meeting) for approval, a proposed route for the hauling of materials for disposal. Upon approval, the Contractor shall strictly adhere to that route only, unless written permission from the ENGINEER is obtained to change the route. Waste Hauler Requirements The California Green Building Standards Code, 2016 Edition, California Code of Regulations, Title 24, Part 11, impacting waste diversion as documented in the City of Costa Mesa’s Municipal Code Chapter 4 of Title 8, requires that all construction and demolition related projects divert 65% of project waste generated from the landfill. Consequently, permitted building projects relating to construction and demolition, newly constructed buildings, additions, alterations, interior and exterior demolitions, etc., are required to divert a minimum of 65% of nonhazardous construction and demolition waste from the landfill by recycling, reuse, or salvage. Generally, these materials include brick, drywall, other masonry, cardboard, green waste, paper, carpet, lumber, plastic, concrete, and/or metals. Asphalt, concrete, excavated soil and land-clearing debris should be 100% diverted from disposal. The County provides a suggested list of locations that are meeting and/or exceeding the 65% diversion requirement and may be used for recycling construction and demolition material. The City of Costa Mesa requires that all hauling activity in Costa Mesa comply with one of the waste hauling options for your construction and demolition related project: •Use Franchise Waste Hauler •Self-Haul Permit - https://www.costamesaca.gov/city-hall/city-departments/public- services/waste-collection-and-recycling A Construction and Demolition Reporting Form as provided in the Miscellaneous Document Section of these Specifications must be completed and submitted by the Contractor to the CITY prior to the release of retention monies. 2-7 CHANGES INITATED BY THE AGENCY 2-7.1 GENERAL [Add the following:]. Attachment 1 Bid Addendum #2 79 (GENPROVS) GP-8 ENGINEER shall be the duly authorized officer of the CITY who may grant the changes prescribed in this section. 2-8 EXTRA WORK [Add the following:]. The extra work as defined in this section of the Standard Specifications and any work done by the Contractor beyond the lines and grades shown on the plans shall only be performed when ordered in writing by the ENGINEER. In absence of such written order, any such work by the Contractor shall be considered unauthorized and will not be paid. Work so done may be ordered to be removed at the Contractor's expense. 2-9 CHANGED CONDITIONS [Add the following:]. The Contractor shall promptly act to supply all information to the ENGINEER for proper evaluation. Failure to do so shall constitute a waiver of any payment for delays suffered by the Contractor. SECTION 3 – CONTROL OF THE WORK 3-1 ASSIGNMENT [Replace the 1st sentence with the following:]. No contract or portion thereof may be assigned without written consent of the BOARD. 3-4 AUTHORITY OF THE BOARD AND THE ENGINEER [Add the following:]. When any of the various units or operations of the work have been suspended, the Contractor shall give at least 24 hours advance notice of the time when he or his subcontractor will start or resume any of such units or operations. That notice is to be given during working hours, exclusive of Saturdays, Sundays or holidays, for the purpose of permitting the ENGINEER to make necessary assignments to his representative on the work. Any work performed in conflict with said notice, without the presence or approval of the ENGINEER, or work covered up without notice, approval or consent may be rejected or ordered to be uncovered for examination at Contractor's expense and shall be removed at Contractor's expense, if so ordered by the ENGINEER or his representative on the work. Any unauthorized or defective work, defective material or workmanship or any unfaithful or imperfect work that may be discovered before the final payment and final acceptance of work shall be corrected immediately by the Contractor without extra charge even though it may have been overlooked in previous inspections and estimates or may have been caused due to failure to inspect the work. Attachment 1 Bid Addendum #2 80 (GENPROVS) GP-9 All authorized alterations affecting the requirements and information given on the approved plans shall be in writing. No changes shall be made on any plan or drawing by the Contractor after the same has been approved by the ENGINEER, except by direction of the ENGINEER in writing. Deviations from the approved plans, as may be required by critical conditions of construction, must be authorized in writing by the ENGINEER. All instructions, rulings and decisions of the ENGINEER shall be in writing and are binding on all parties unless a formal protest is made as provided in the following paragraph: If the Contractor considers any work demanded of him to be outside the requirements of the contract, or if he considers any instruction, ruling or decision of the ENGINEER or ENGINEER'S representative to be unfair, the Contractor shall, within ten (10) days after any such demand is made, or instruction, ruling or decision is given, file a written protest with the ENGINEER, stating clearly and in detail his objections and reasons therefor. Except for such protests and objections as are made of record, in the manner and within the time above stated, the Contractor shall be deemed to have waived and does hereby waive all claims for extra work, damages and extensions of time on account of demands, instructions, rulings and decisions of the ENGINEER. Upon receipt of any such protest from the Contractor, the ENGINEER shall review the demand, instruction, ruling or decision objected to and shall promptly advise the Contractor, in writing, of his final decision, which shall be binding on all parties, unless within the ten (10) days thereafter the Contractor shall file with the BOARD a formal protest against said decision of the ENGINEER. The BOARD shall consider and render a final decision on any such protest within thirty (30) days of receipt of same. If the BOARD fails to consider and render a final decision on any such protest within thirty (30) days of receipt of the same, the protest shall be deemed denied. 3-5 INSPECTION [Add the following:]. If the Contractor requests and receives approval from the ENGINEER to receive inspection services from the CITY outside of a normal eight (8) hour day/forty (40) hour work week or on Saturday, Sunday, or CITY holidays, the Contractor shall arrange with the CITY and ENGINEER for the special inspection services and Contractor shall pay for such special inspection services at a fee established by the ENGINEER to defray the cost for such service. All work, which has been inspected and deemed defective in its construction or does not meet all of the requirements of the plans and/or specifications by the ENGINEER shall be remedied, or removed and replaced by the Contractor in an acceptable manner, and no compensation will be allowed for such correction. Any work done beyond the limits of the lines and grades shown on the plans or established by the ENGINEER or extra work done without written authority will be considered as unauthorized and not be paid. Upon failure on the part of the Contractor to comply with any order of the ENGINEER Attachment 1 Bid Addendum #2 81 (GENPROVS) GP-10 made under the provisions of this article, the ENGINEER shall have authority to cause defective work to be remedied, or removed and replaced, and unauthorized work to be removed, and to deduct the costs and thereof from any monies due or to come due the Contractor. Payment will not be made for materials wasted or disposed of in a manner not called for under the Contract. This includes rejected material not unloaded from vehicles, material rejected after is has been placed and material placed outside the limits of the project. No compensation will be allowed for disposing of rejected or excess material. 3-6 THE CONTRACTOR'S REPRESENTATIVE [Add the following:]. Contractor shall file with the ENGINEER the addresses and telephone numbers where its designated representative may be reached during hours when the work is not in progress. Instructions and information given by the ENGINEER to the Contractor's authorized representative or at the address or telephone numbers filed in accordance with this section shall be considered as having been given to the Contractor. The Contractor shall have on the work site at all times a competent English-speaking superintendent, as his agent, capable of reading and thoroughly understanding the plans and specifications and other related documents. 3-7 CONTRACT DOCUMENTS 3-7.1 General [Add the following:]. Contractor will obtain from the ENGINEER, free of charge, copies of plans, general provisions, special provisions and additions to the Standard Specifications that are reasonably necessary for the execution of work. Contractor shall, at its own expense, obtain copies of the Standard Specifications and Standard Plans and Specifications of CALTRANS, for his general use. If after the Contract is awarded it appears that the work to be done, or any matter relative thereto, is not sufficiently detailed or explained in the specifications and plans, the Contractor shall apply to the ENGINEER for such further explanations as may be necessary and shall conform to such explanation or interpretation as part of the Contract. All scaled dimensions are approximate. Before proceeding with the work, the Contractor shall carefully check and verify all dimensions and quantities and shall immediately inform the ENGINEER or his representative of any discrepancies. Attachment 1 Bid Addendum #2 82 (GENPROVS) GP-11 3-10 SURVEYING [Replace with the following:]. 3-10.1 General The Contractor will perform and be responsible for the accuracy of setting all required survey stakes adequate for the construction of the project. 3-10.3 Line and Grade Unless otherwise provided in the Special Provisions, lines and grades for construction shall be the responsibility of the Contractor, with the following provisions: All work under this Contract shall be built in accordance with the lines and grades shown on the plans. Field survey for establishing the lines and grades and for the control of construction shall be the responsibility of the Contractor. All such surveys, including construction staking, shall be under the supervision of a California-licensed land surveyor or by a California-licensed civil engineer allowed by law. Staking shall be performed on all items ordinarily requiring grade and alignment, at intervals normally accepted by the agencies and the trade involved. The Contractor shall provide a copy of the office calculations and grade sheets to the City Inspector. The Contractor shall be responsible for any error in the finished work and shall notify the ENGINEER within one (1) working day of any discrepancies or design errors discovered during staking. Unless a separate bid item is provided, the payment for surveying, construction staking, professional services, office calculations, furnishing all labor, materials, equipment, tools and incidentals, and for doing all work involved shall be considered as included in the various items of work, and no additional compensation will be allowed. 3-12 WORK SITE MAINTENANCE 3-12.1 General [Replace 2nd paragraph with the following:]. Unless the construction dictates otherwise, and unless otherwise approved by the ENGINEER, Contractor shall furnish and operate a self-loading motor sweeper with a functional water spray nozzle system at least once each working day to keep paved areas in the Work zone and along all haul routes acceptably clean whenever construction, including restoration, is incomplete. 3-12.2 Air Pollution Control [Add the following:]. Failure of the Contractor to comply with the ENGINEER'S dust control orders may result in an order to suspend work until the condition is corrected and, after giving notice to the Contractor, the ENGINEER may order the condition corrected by others. All costs thus Attachment 1 Bid Addendum #2 83 (GENPROVS) GP-12 incurred shall be deducted from the amount to be paid to Contractor. No additional compensation will be allowed as a result of such suspension. No separate payment will be made for any work performed nor material used to control dust resulting from Contractor's performance of the work or from public traffic, either inside or outside the right-of-way. Full compensation for such dust control will be considered to be included in the prices paid for the various items of Work involved. 3-12.4.1 General [Add the following:]. All surplus materials shall be removed from the site of the Work within five (5) days after completion of the Work causing the surplus materials. 3-12.6 Water Pollution Control 3-12.6.1 General [Add the following:]. Discharge of storm water from construction sites that disturb land equal to or greater than one (1) acre must be in compliance with the state General Construction Activity Permit (Construction Permit). The latest permit provisions of the Construction Permit shall apply. The Contractor is required to contact the Santa Ana Regional Water Quality Control Board (Regional Board) for all information contained in the Construction Permit. In the event project construction occurs during the transition of revised Construction Permits, the Contractor shall incorporate the necessary modifications specified by the revised Construction Permit within the time period specified in the new Construction Permit. Project Soil Disturbance is: less than 1 acre (No General Construction Permit required) Construction activity subject to the Construction Permit includes clearing, grading, disturbance to the ground such as stockpiling, work area, or excavation that results in soil disturbances of at least one acre of total land area. Construction activity that results in soil disturbances of less than one acre is subject to the Construction Permit if the construction activity is a part of a larger common plan of development that encompasses one or more acres of soil disturbance or if it is determined that discharges from the project pose a significant threat to water quality. The CONTRACTOR shall have an account with the State for SMARTS (Storm Water Multiple Application and Report Tracking System). The CONTRACTOR shall contact the CITY with their user ID so that the CITY will grant the CONTRACTOR access as a Data Submitter. The CONTRACTOR shall complete the NOI within SMARTS https://smarts.waterboards.ca.gov/smarts/faces/SwSmartsLogin.jsp The CONTRACTOR will notify the CITY when the NOI is ready for the CITY to submit to the Attachment 1 Bid Addendum #2 84 (GENPROVS) GP-13 State. The CONTRACTOR shall pay all fees associated with the NOI process. The CONTRACTOR shall also complete all required reports within SMARTS as required by the General Permit and the Project’s Storm Water Pollution Prevention Plan (SWPPP). The CONTRACTOR shall complete the Annual Report and NOT within SMARTS. Once the CITY has been notified, the CITY will review and submit to the State for processing. A copy of the latest permit is available at: http://www.waterboards.ca.gov/water_issues/programs/stormwater/constpermits.shtml The CONTRACTOR is hereby directed to read the Construction Permit thoroughly and comply with the requirements as specified therein. 3-12.6.2 Best Management Practices (BMPs) [Add the following:]. The Contractor shall install and maintain the appropriate Best Management Practices (BMPs) to protect water quality within the project limits through the duration of the Project. The Contractor shall be responsible for any damage to any portion of the Work occasioned by failure to provide proper drainage control prior to the completion and acceptance of the Work. Payment for furnishing, installing and maintaining BMPs inclusive of sweeping the Project site as required or directed by the ENGINEER shall be included in the other various bid items associated with the work and no additional payment will be allowed thereof. 3-12.6.3 Storm Water Pollution Prevention Plan (SWPPP) [Add the following:]. If a General Construction Permit is required pursuant to Section 3-12.6.1 of these General Provisions, the following Storm Water Pollution Prevention Plan (SWPPP) requirements shall be adhered to: The Contractor is responsible for the preparation and implementation of a SWPPP as required by the Construction Permit. The Contractor is responsible for completing all parts of the SWPPP including, REAPs, monitoring, sampling, rain gauge records, weather reports, submitting pictures of every third storm, non-authorized discharge reports, Ad-Hoc reports, Annual Reports, post construction BMPs and other requirements of the SWPPP. The completed SWPPP must be signed by a QSD (Qualified SWPPP Developer). The completed SWPPP must be submitted to the resident engineer for City review and acceptance, prior to uploading to SMARTS. The Contractor will be responsible for uploading an electronic format of the SWPPP into SMARTS. The SWPPP must be Attachment 1 Bid Addendum #2 85 (GENPROVS) GP-14 signed by the City before construction begins. A copy of the SWPPP must be available at the site at all times and must be implemented and revised in accordance with the Construction Permit throughout the duration of the project. Contractor must have QSP (Qualified SWPPP Practitioner). Contractor shall perform site inspections before and after the storm event, and once each 24-hour period during extended storm event, to identify BMP effectiveness and implement repairs or BMP modifications as soon as possible. Sampling of potential pollutant discharges shall be conducted by trained personnel and required laboratory test conducted by laboratory accredited by the California Department of Health Services Environmental Laboratory Accreditation Program. Contractor shall be responsible for any penalties assessed against the City if the penalty assessed is due to Contractor’s violation of the Construction Permit requirement, or Contractor’s failure to fully implement and monitor SWPPP as required. Erosion and Sediment Control Plans Erosion and Sediment Control Plans shall be prepared by the Contractor as part of the SWPPP that identify adequate controls to prevent erosion and discharge of sediment off-site. Payment for the Erosion and Sediment Control Plans shall be included as part of the SWPPP. 3-12.6.4 Dewatering [Add the following:]. Unless otherwise directed in these Special Provisions, the Contractor shall provide and maintain ample means and devices with which to promptly remove and properly dispose of water entering the excavations or other parts of the work at all times during construction. Dewatering shall be accomplished by methods which will ensure a dry excavation and preservation of the final lines and grades of the bottoms of excavations. The methods may include sump pumps, deep wells, well points, suitable rock or gravel placed below the required bedding for draining and pumping purposes, temporary pipelines, and other means. Standby pumping equipment shall be on the job site. A minimum of one standby unit shall be available for immediate installation should any well unit fail. The design and installation of well points or deep wells shall be suitable for the accomplishment of the work. Drawings or details indicating the proposed dewatering system shall be submitted to the CITY for review. The Contractor shall dispose of the water from the work in a suitable manner without damage to adjacent property. Conveyance of the water shall be such as to not interfere with traffic flow or treatment facilities operations. No water shall be drained into work built or under construction without prior consent of the ENGINEER. Attachment 1 Bid Addendum #2 86 (GENPROVS) GP-15 Water shall be disposed of in such a manner as not to be a menace to the public health and such disposal shall be performed in accordance with Environmental Protection Agency and State Water Quality Control Board standards (NPDES permit). Any testing and reports required under NPDES permit shall be performed by the Contractor and submitted to the appropriate agency for approval at no additional cost to the CITY. 3-13.3 WARRANTY [Replace 2nd sentence of 1st paragraph with the following:]. The warranty period shall start on the date the Work is accepted by the Board. SECTION 4 – CONTROL OF MATERIALS 4-4 TESTING [Add the following:]. All tests of materials furnished by the Contractor shall be made in accordance with commonly recognized standards of national organizations and such special methods and tests as are prescribed in these specifications. No materials shall be used until they have been approved by the ENGINEER. The Contractor shall at his expense furnish the CITY, in triplicate, certified copies of all required factory and mill test reports. Any materials shipped by the Contractor from a factory or mill prior to having satisfactorily passed such testing and inspection by a representative of the CITY shall not be incorporated in the work, unless the ENGINEER shall have notified the Contractor, in writing, that such testing and inspection will not be required. At the option of the ENGINEER, the source of supply of each of the materials shall be approved by the ENGINEER before delivery is started and before such material is used in the work. Unless otherwise provided in the Special Provisions, the CITY will complete and pay for the initial soils, compaction, and material tests. Any subsequent soil, compaction, and material tests deemed necessary due to the failure of initial tests will be at the Contractor's expense and deducted from the payment due. SECTION 5 – LEGAL RELATIONS AND RESPOSIBILITIES 5-1 LAWS AND REGULATIONS [Add the following:]. The Contractor shall protect and indemnify the CITY, the BOARD, the ENGINEER, and all of its or their officers, agents and servants against any claim or liability arising from or based on the violation of any existing or future State, Federal and local laws, ordinances, regulations, orders or decrees, whether by himself or his employees. If any discrepancy or inconsistency is discovered in the plans, drawings, specifications or Attachment 1 Bid Addendum #2 87 (GENPROVS) GP-16 contract for the work in relation to any such law, ordinance, regulation, order or decree, the Contractor shall forthwith report the same to the ENGINEER in writing. 5-2 SPECIAL NOTICES [Add the following:]. In addition to the special notices requirement to be served by Personnel Delivery or Certified Mail, special notices may also be served by the utilization of FedEx or UPS express service with a confirmed delivery receipt. Service shell be effective on the date of the receipt of the delivery confirm issued by FedEx or UPS. 5-3 LABOR 5-3.3 Payroll Records [Add the following:]. In order to verify compliance with the Labor Code, Contractor shall furnish to the ENGINEER, weekly, for the duration of the contract period, copies of his payroll statements showing wages paid to each employee during the preceding week and the employee work classification. Use of Form DH-C-347, Payroll Statement of Compliance, is an acceptable method of fulfilling the above requirement. 5-3.5 Apprentices [Replace with the following:]. Attention is directed to the provisions of Sections 1777.5 and 1777.6 of the Labor Code concerning the employment of apprentices by the Contractor or any subcontractor under it. The Contractor and any subcontractor under it shall comply with the requirements of those Sections in the employment of apprentices. Information relative to apprenticeship standards, wage schedules and other requirements may be obtained from the Director of Industrial Relations, Ex-officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. 5-4 INSURANCE [Replace with the following:]. The minimum amounts and types of insurance coverages are as stated in the Agreement (sample copy attached). Prior to bid submittal the BIDDER shall keep fully informed of the latest insurance requirements of the City of Costa Mesa and shall comply with all other provisions of Section 5-4 of the Standard Specifications. Below are approved endorsements which satisfy the basic insurance requirements contained in contracts entered into by City of Costa Mesa. These have been approved by the City Attorney's office. The terms of any specific contract with the City are controlling. Prior to the commencement of any work, the CITY requires that the Attachment 1 Bid Addendum #2 88 (GENPROVS) GP-17 ENGINEER receive Certificates of Insurance in DUPLICATE for liability coverage of at least $1,000,000 combined single limit, per occurrence and in the aggregate. Each insurance policy required by the CITY of the Contractor shall contain the following endorsements: 1. Additional Insureds "The City of Costa Mesa and its elected and appointed boards, officers, agents, and employees are additional insureds with respect to the subject project and agreement." 2. Notice "Said policy shall not terminate, nor shall it be canceled nor the coverage reduced, until thirty (30) days after written notice is given to City." 3. Other Insurance "Any other insurance maintained by the City of Costa Mesa shall be excess and not contributing with the insurance provided by this policy." If any of such policies provide for a deductible or self-insured retention to provide such coverage, the amount of such deductible or self-insured retention shall be approved in advance by City. No policy of insurance issued as to which the City is an additional insured shall contain a provision which requires that no insured except the named insured can satisfy any such deductible or self-insured retention. 5-7 SAFETY 5-7.1 Work Site Safety 5-7.1.1 General [Add the following:]. Material or other obstructions shall not be placed within fifteen feet (15') of fire hydrants. Fire hydrants shall be made readily accessible to the Fire Department at all times. 5-7.8 Steel Plate Covers 5-7.8.1 General [Add the following:]. All steel plate covers utilized for the project must be slide resistant. A non-slip coating will be required on the side of the steel plate that that will be utilized for the driving or walking surface. Attachment 1 Bid Addendum #2 89 (GENPROVS) GP-18 SECTION 6 – PROSECUTION AND PROGRESS OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF THE WORK 6-1.1 Construction Schedule [Replace the 1st Paragraph with the following:]. The Contractor's proposed Construction Work Schedule shall be submitted to the ENGINEER for approval within ten (10) working days after the date of the BOARD’s execution of the Contract Agreement. The Construction Work Schedule shall be supported by written statements from each supplier of materials or equipment indicating that all orders have been placed and acknowledged, and setting forth the dates that each item will be delivered. The Construction Work Schedule shall provide sufficient detail to delineate the main milestones start and end dates for each activity with chronological relationships of all the activities of Work showing the number of working days required to complete the entire project within the Contract Days. The schedule shall also incorporate the requirements of Section 402-5 of the Standard Specifications to complete the Work within the Contract Days. Prior to issuing the Notice to Proceed, the ENGINEER will schedule a preconstruction meeting with the Contractor to review the proposed Construction Work Schedule, delivery dates, activity milestone dates, arrange utility coordination, discuss construction methods and staging, and clarify inspection procedures. The Contractor shall submit progress reports to the ENGINEER by the tenth day of each month. The report shall include an updated Construction Work Schedule. All revisions shall be completed within three days after review by the ENGINEER. The Contractor shall submit requests for changes in the schedule to the CITY for approval at least three (3) working days prior to performing any work. Any deviations from the original approved Construction Work Schedule shall be explained and identified in the updated Construction Work Schedule. Progress payments will be withheld pending receipt of any outstanding reports. The Contractor shall furnish the ENGINEER with a 3-week look ahead- schedule in a tabular format at every weekly construction meeting. The 3-week look ahead schedule shall utilize the main milestones within the approved Baseline Construction Schedule with updates and include sub-activities. [Add the following:]. 6-1.3 DAILY REPORT SUBMITTAL Contractor shall submit daily reports to the CITY at the end of each working day. All forms shall be provided by the CITY. Any cost for this item shall be included in the various items of work and no other compensation will be allowed. Attachment 1 Bid Addendum #2 90 (GENPROVS) GP-19 6-3 TIME OF COMPLETION 6-3.1 General [Replace the 1st Sentence with the following:]. The Contractor shall begin the Work within ten (10) Working Days after the date the Contract is executed by CITY unless a later start date is agreed upon by the CITY and Contractor within a written Notice-to-Proceed. The Work shall be completed within FORTY (40) Working Days from the date set in the Notice-to-Proceed or the first day of commencement of Work, whichever occurs first. 6-5 USE OF IMPROVEMENT DURING CONSTRUCTION [Add the following:]. Should it become necessary, due to developed conditions, to occupy any portion of the Work before Contract is fully completed, such occupancy shall not constitute acceptance by the CITY of work by Contractor. 6-7 TERMINATION OF THE CONTRACT FOR DEFAULT 6-7.3 Notice of Termination for Default [Replace the 1st Paragraph with the following:]. The ENGINEER will make the determination if the Contractor had failed to commence satisfactory corrective action within 5 working days after the receipt of the notice to cure, or to diligently continue satisfactory and timely correction of the default thereafter, and will take action as allowed by the Contract Documents. 6-7.4 RESPONSIBILITIES OF SURETY [Add the following:]. Within 3 working days of receipt of the written notice of termination for default, the Surety shall provide the services needed to maintain the project in accordance with the Contract Documents. The services shall maintain the existing traffic control in place and the maintenance of the project site until the Engineer’s review and acceptance of the Surety’s plan for course of action. 6-9 LIQUIDATED DAMAGES [Replace the 1ST Paragraph with the following:]. The CONTRACTOR shall pay to the CITY the sum of $2,300 per calendar day, for each and every calendar day’s delay in finishing the Work in excess of the number of Working Days prescribed within these General Provisions and the Agreement, or per the direction of the Engineer. Liquidated damages are calculated per Chapter 12 of the latest edition of the Caltrans Local Assistance Procedures Manual (LAPM). Attachment 1 Bid Addendum #2 91 (GENPROVS) GP-20 SECTION 7 – MEASUREMENT AND PAYMENT 7-3 PAYMENT 7-3.1 General [Replace the 1ST Paragraph with the following:]. Payment for the various items listed on the Bid Proposal, as further specified herein, shall constitute full compensation to the Contractor for furnishing all material, tools, equipment, supplies, and manufactured articles, and for all labor, operations, and incidentals appurtenant to the items of Work and as specified and shown on the drawings, including all costs for compliance with the regulations of public agencies having jurisdiction, including Safety and Health Requirements of the California Division of Industrial Safety and the Occupational Safety and Health Administration (OSHA) of the U.S. Department of Labor. No separate payment will be made for any item that is not specifically set forth in the Bid Proposal. Costs arising from violations of regulations will be paid by the offending party to the extent that there will be no additional cost to the CITY. When no bid item is provided for work/improvement shown or indicated on the plans and specifications, payment for such work/improvement will be considered to be included in various applicable items of work. 7-3.2 Partial and Final Payment [Replace the 1st Paragraph in its entirety with the following:]. The closure date for the purpose of making partial progress payments will be the last day of each month. The Contractor may request, in writing, that such monthly closure date be changed. The ENGINEER may approve such request when it is compatible with the CITY’s payment procedure. [Replace the 2nd Paragraph in its entirety with the following:]. Each month, the Contractor shall meet with the Engineer, a minimum of three (3) working days prior to the submittal of the progress payment to the AGENCY, to finalize and receive approval regarding the measurement of the Work performed through the closure date and the estimated value of the progress payment based on the Contract Unit Prices or as provided for in the Standard Specifications. Any progress payment submitted without such approval will be considered incomplete and returned to the Contractor and no payment shall be considered until such approval is obtained. [Replace the 3rd Paragraph in its entirety with the following:]. The amount retained and deducted by the BOARD shall be 5% of the progress estimates for all progress payments. No reduction in the amount of retention will be allowed. However, after 50% of the work has been completed, if the BOARD finds that satisfactory progress is being made, it may make any of the remaining progress Attachment 1 Bid Addendum #2 92 (GENPROVS) GP-21 payments in full for actual work completed. The final payment of the retention amount to the Contractor shall be made thirty-five (35) days after the date of the recording of the Notice of the Completion of the work after it is accepted by the CITY. The 5% withheld from each progress payment shall not include monies withheld for stop notices or other withholding by the CITY. The monies withheld for stop notice and other withholdings shall be in addition to the 5% withheld for retention. [Add to end of Section the following:]. Contractor shall comply with the requirements of Division 2, Part 1, Chapter 7, Section 7107 of the California Public Contract Code. The lead time for processing invoices for the monthly progress payments approved by the ENGINEER for inclusion on the warrant list of the CITY is governed by the rules and regulations established by the Finance Department of the CITY. Monthly payments will be processed and paid in accordance with the rules and regulations established or revised by the said Finance Department. The Contractor shall submit all weight tickets or volumes of all materials used in the construction to the ENGINEER for checking and verification prior to any payment. Failure to do so will postpone the payment to the Contractor, until the matter is resolved satisfactorily. The weight or volume from submitted tickets must correspond to the work done in the field; if not, the City shall reject the work without compensation to the Contractor, and/or the Contractor shall be directed to replace that work at no additional costs to the City. After completion of the Contract, the BOARD shall, upon recommendation of the ENGINEER, accept the Work as completed and authorize the Final Payment. The Final Payment shall be the entire sum found to be due the Contractor after deducting therefrom all previous payments and all amounts to be kept and all amounts to be retained under the provisions of the Contract. All prior partial estimates and payments shall be subject to correction in the final estimate and payment. No certificate given or payment made under the Contract, except the final certificate or Final Payment, shall be conclusive evidence of full or substantial performance of this Contract; and no payment shall be construed to be an acceptance of any defective work or improper material. The acceptance of Final Payment by the Contractor shall release the CITY, the BOARD, and the ENGINEER from any and all claims or liabilities on account of work performed by the Contractor under the Contract or any alterations thereof. The Contractor shall record, on the set of contract documents maintained at the job site, deviations which have been made from the Contract Documents or approved shop drawings – including buried or concealed construction and utility features which are revealed during the course of construction. Special attention shall be given to recording the horizontal and vertical location of all buried utilities that differ from the locations Attachment 1 Bid Addendum #2 93 (GENPROVS) GP-22 indicated, or which were not indicated on the Contract Documents. Said record documents shall be supplemented by detailed sketches as necessary or directed, to indicate fully the work as actually constructed. Requests for partial payments shall not be approved until the record documents are brought up to date. Also, request for final compensation shall not be approved until all the variations between the work as constructed and as originally shown in the Contract Documents have been properly recorded and delivered to the City, after approved by the Engineer. [Add the following:]. 7-3.2.1 Prompt Progress Payment to Subcontractors Contractor shall comply with the requirements of Division 2, Part 1, Chapter 7, Section 7200 of the California Public Code. The CONTRACTOR agrees to pay each subcontractor under this Agreement for satisfactory performance of its contract no later than 7 days from the receipt of each payment the CONTRACTOR receives from CITY. The CONTRACTOR agrees further to release retainage payments to each subcontractor within 7 days after the retention payment is received by the CONTRACTOR. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of the CITY. Any violation of this provision shall subject the violating prime contractor or subcontractor to the penalties, sanctions and other remedies specified in Section 7108.5 of the Business and Professions Code. This clause applies to both DBE and non-DBE prime contractors and subcontractors. City will be strictly monitoring the Contractor for prompt payment to all subcontractors. [Add the following:]. 7-3.2.2 Prompt Pay Monitoring and Enforcement of Progress Payments The City of Costa Mesa will use the following monitoring and enforcement mechanisms to ensure that all subcontractors, including DBE’s, are promptly paid. A. The City will strictly monitor the prime contractor or subcontractor(s) for prompt release of progress payments for all subcontracted work as follows: 1. The effective date of release is the date the City releases the check to the prime contractor by mailing or hand delivery at the City of Costa Mesa (has to be requested in writing ahead of time). 2. Prime contractor or subcontractor(s) to provide verification in writing that the subcontracts have been paid within 7 days or the time period agreed, from the Attachment 1 Bid Addendum #2 94 (GENPROVS) GP-23 effective date of release. 3. City may contact subcontractor(s) to confirm receipt of progress payment amount and if it was received within 7 days or the time period agreed from the effective date of release. B. If the prime contractor or subcontractor(s) is found to be in default of Federal or State Codes concerning prompt payment to subcontractors, City will enforce the following besides the disciplinary action, sanctions and penalties imposed per the codes: 1. City will withhold 150% of the monies due to the subcontractor(s) from the prime contractor’s next progress payment. 2. City may also elect to make the payment(s) directly to the subcontractor(s) without the prime contractor’s approval for the remainder of the contract. 7-3.3 Delivered Materials [Replace in its entirety with the following:]. The cost of materials and equipment delivered, but not incorporated in said work, will not be included in the progress payment estimate unless otherwise provided in these Specifications. All materials shall be nontoxic and shall not contain asbestos and hazardous substances as established by applicable laws. Materials delivered, but not in place, will not be classed as work done, except as otherwise provided in these Specifications. 7-3.4 Mobilization [Replace in its entirety with the following:]. Mobilization shall consist of all preparatory work and operations. It shall include, but not be limited to, the movement of personnel, equipment, materials and incidentals to the project site necessary for work on the project. The mobilization shall include all other work and operations, which must be performed. Mobilization shall also include the time, materials, and labor to move the necessary construction equipment to and from the job site and the project administration costs during the entire contract period. This work shall include, but not be limited to protect-in-place and/or relocation of the facility to accommodate the construction of an improvement; including resetting curb drains through new curbing. The Contractor shall provide supervisory personnel to keep the construction site in a safe condition and all other related work as required at all times. These requirements shall also apply to all non-working days during construction period. The Contractor is responsible for securing an adequate storage site for equipment and materials. Attachment 1 Bid Addendum #2 95 (GENPROVS) GP-24 The Contractor shall have on the work site at all times, as his agent, a competent English speaking superintendent capable of reading and thoroughly understanding the plans, specifications, and other related documents. 7-3.4.1 Travel Route for Trucking and Equipment Plans indicating the travel route for the Contractor's equipment movement in and out of the work site must be submitted concurrently with the Haul Route Plan (Section 2-5.4) to the ENGINEER at the pre-construction meeting for approval prior to commencement of any work. The travel route plans, which meet the City’s requirements, will be approved and returned to the Contractor; otherwise, further revisions are required until they are acceptable to the City. The approved travel plans shall be strictly adhered to by the Contractor during all phases of the construction. Any deviation from these requirements is not permitted. All the Contractor’s operations will be ceased at once if the Contractor violates any of these requirements. No further payments will be made to the Contractor until problems are resolved according the City’s requirements. 7-3.4.2 Construction Sequence/Order of Work In order to minimize the inconveniences to the residents and businesses, the contractor shall construct the Project and sequence the work where no two adjacent streets are closed at one time, and/or the nearest parking is no more than 300’ from the intersection of the street being closed to traffic. The Contractor shall maintain adjacent streets open for ingress and egress and for parking. 7-4 PAYMENT FOR EXTRA WORK 7-4.2 Basis for Establishing Costs. 7-4.2.1 Labor [Add the following:]. The compensation for employer’s payments of payroll taxes; workers compensation insurance; liability insurance; health and welfare; pension; vacation; apprenticeship funds; other direct costs resulting from Federal, State, or local laws; and for assessments or benefits required by lawful collective bargaining agreements to be applied to the actual cost for wages shall be 23 percent for regular time and overtime. 7-4.3 Markups 7-4.3.1 Work by the Contractor [Replace in its entirety with the following:]. The allowance for overhead and profit to be added to the Contractor’s costs shall be as follows: Attachment 1 Bid Addendum #2 96 (GENPROVS) GP-25 Labor: 20% Materials: 15% Contractor Owned Equipment 15% Equipment Rental 10%* Other Items and Expenditures 10% To the sum of the costs and markups provided for in this section, 1 percent shall be added as compensation for bonding. * Equipment Rental rates shall be based on the latest applicable Caltrans Equipment Rental Rates. 7-4.3.2 Work by a Subcontractor [Replace in its entirety with the following:]. When all or any part of the extra work is performed by a Subcontractor, the markup established in 7-4.3.1 shall be applied to the Subcontractor’s actual cost of such work. A markup of ten (10) percent on the first $5,000 of the subcontracted portion of the extra work and a markup of five (5) percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor. No markups will be allowed for second tier or higher subcontractors. [Add the following:]. 7-6 SUMMARY OF PUBLIC CONTRACT CODE § 9204 The following procedure will apply to any claims by the Contractor on the City: A “claim” is a separate demand on the City by a contractor on a public works project and sent by registered mail or certified mail with return receipt requested, for one or more of the following: • A time extension, including relief from penalties for delay • Payment by the City of money damages under the terms of the contract • Payment of an amount that is disputed by the City Initial Review The claim must be supported by appropriate documentation. The City has 45 days within which to review the claim and provide the contractor with a written statement identifying the disputed and undisputed portions of the claim. If the City does not issue a written statement, the claim is deemed rejected in its entirety. The City will pay any undisputed portion of the claim within 60 days of issuing the statement. Meet & Confer If the contractor disputes the City’s written response, or if the City does not issue one, the contractor may request in writing an informal conference to meet and confer for Attachment 1 Bid Addendum #2 97 (GENPROVS) GP-26 possible settlement of the claim. The City will schedule the meet and confer conference within 30 days of this request and provide a written statement identifying the remaining disputed and undisputed portions of the claim within 10 business days of the meet and confer. The City will pay the undisputed portion within 60 days of issuing this statement. Mediation With respect to any disputed portion remaining after the meet and confer, the City and contractor will submit the matter to nonbinding mediation, agree to a mediator within 10 business days after issuing the written statement, and share mediation costs equally. If mediation is unsuccessful, then the terms of the public works agreement and applicable law will govern resolution of the dispute. Miscellaneous Provisions Amounts not paid by the City in a timely manner bear interest at 7% per annum. Subcontractors may submit claims via this procedure through the general contractor. The City and contractor may waive the requirement to mediate, but cannot otherwise waive these claim procedures. Attachment 1 Bid Addendum #2 98 Project and Specification No. 21-02 SP-1 SECTION E SPECIAL PROVISIONS PART 1-8 [Add the following Section:]. PART 1 GENERAL 100-1 GENERAL Additions/Modifications to Standard Specifications The following additions are made to the latest edition of the “Standard Specifications for Public Works Construction” (The “Greenbook”), and the General Provisions stated within the “Standard Specifications” of this Project. Should there be a conflict between any of these provisions; the Special Provisions shall have precedence. All work shall be performed in conformance with the latest edition of the Uniform Building Code as adopted by the City of Costa Mesa. The electrical, plumbing, and fire codes, and other regulations as adopted by the City of Costa Mesa Building Official shall apply to this project. Where referenced in these specifications, the latest edition of the “City of Costa Mesa Standard Drawings” and the “Work Area Traffic Control Handbook (WATCH)” published by Building News, Inc., shall also apply. If the item of work is identified within the Proposal section of these Specifications, then the following bid item descriptions will provide the corresponding bid item numbering within each corresponding section of the Standard Specifications under the Subsection entitled “Measurement and Payment” or “Payment”. All other sections and subsections shall conform to the Standard Specifications unless modified herein. The unit prices and lump sum amounts to be paid for under the bid items listed in the Proposal shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals necessary for the completion of the work and for performing all work contemplated and embraced under the Contract, in accordance with the Plans and Contract Documents. This shall include the Contractor's costs involved with bonding, insurance, worker's compensation, overhead, financing, obtaining required permits and permit fees, mobilization, traffic control, public convenience and safety, protective barricading/fencing, sanitary facilities, storage of equipment and materials, security against theft and vandalism, project site maintenance, dust and runoff control, clean-up including all costs for compliance with the regulations of public agencies having jurisdiction, including Safety and Health Requirements of the California Division Attachment 1 Bid Addendum #2 99 Project and Specification No. 21-02 SP-2 of Industrial Safety and the Occupational Safety and Health Administration (OSHA) of the U. S. Department of Labor, .and all other items related to the work. Payment for compliance with the following provisions shall be included in the various bid items of work unless otherwise modified in the special provisions section. No additional compensation will be allowed. No separate payments will be made for any items that are not specifically set forth in the Bid Proposal. Payments for any such items are included in various bid items of work. Costs arising from violations of regulations will be paid by the offending party to the extent that there will be no additional cost to the City. Payment for unit price work shall be made for the actual quantities of Contract Items removed, constructed, or disposed of in accordance with the Plans and these Specifications. Measurement of Unit Price work shall be specified in the Standard Specifications, Section 7-1, "Measurement of Quantities for Unit Price Work." Payment for Lump Sum work shall be paid for at the price indicated in the Bid, in accordance with the Standard Specifications, Section 7-2, "Lump Sum Work." Payment for all work shall be included in the various bid items. No additional compensation shall be made therefore. Work associated with each bid item shall include, but not be limited, to the bid descriptions set forth herein. 100-2 MOBILIZATION AND DEMOBILIZATION 100-2.1 General Mobilization shall comply with Section 7-3.4 of the General Provisions. 100-2.2 Measurement and Payment BID ITEM NO.1:MOBILIZATION AND DEMOBILIZATION Measurement and Payment for Mobilization and Demobilization shall be included in the Lump Sum (LS) Price basis. It shall be considered full compensation for obtaining all business licenses and permits, as required for the entire project, from all related agencies, including, but not limited to, utility companies, private and public agencies and the CITY; and complying with the requirements specified in those licenses and permits; coordination, field office facility, all required submittals specified within these Specifications, and incidentals necessary to perform all related items of work. Progress payments for Mobilization and Demobilization bid item shall be paid for in accordance with the completion percentage of the Project to the Contractor and shall include the cost of such mobilization/demobilization and administration during the entire Contract period. No additional compensation will be allowed. Attachment 1 Bid Addendum #2 100 Project and Specification No. 21-02 SP-3 100-3 CONTROL OF THE WORK 100-3.1 Water Pollution Control and Best Management Practices Contractor shall follow the water pollution control and Best Management Practices (BMPs) guidelines enumerated in Section 3-12.6 of the “Standard Specifications for Public Works Construction” (The “Greenbook”), and also Section 3-12.6 of the General Provisions stated within the “Standard Specifications” of this Project and these contract bid documents. 100-4 ADDITIONAL WORK ITEMS 100-4.1 General This work item entails work beyond the Scope of Work established within the Plans, Specifications, and Standard Specifications as directed by the ENGINEER with a specified Contract allowance 100-4.2 Measurement and Payment BID ITEM NO.2:ADDITIONAL WORK ITEMS At the direction of the ENGINEER, the Contractor shall provide labor, equipment, and materials for the project management beyond the Scope of Work established within the Project Plans and Specifications. Work might include, but not be limited to; delivery of additional newsletters; clearing and grubbing; disposal of materials; potholing; furnishing and installation of informational signs; and related work, and will only be performed if required, and approved by the ENGINEER. The Contractor acknowledges that this bid item will only be used at the discretion of the ENGINEER. The allowance for this line item is as shown within the Proposal Section of these Specifications. Measurement and Payment for “Additional Work Items” shall be paid per Force Account (F.A.) for all work performed pursuant to Section 7-4.2 of these Specifications and shall, include all labor, equipment, materials as required to complete the work as directed by the ENGINEER. Attachment 1 Bid Addendum #2 101 Project and Specification No. 21-02 SP-4 PART 3 CONSTRUCTION METHODS SECTION 300 – EARTHWORK [Add the following:]. 300-0 EARTHWORK IN STATE RIGHT-OF-WAY 300-0.1 General All earthworks performed within the State of California Department of Transportation (“Caltrans”) Right-of-Way shall conform to the requirements of Section 19 of the latest edition of the "Standard Specifications and Standard Plans of the State of California, Department of Transportation, Division of Highways" with the appropriate Caltrans, City, and other applicable agency encroachment permits procured. 300-1 CLEARING AND GRUBBING 300-1.1 General [Add or redefine the following:]. Section 300-1, "Clearing and Grubbing," of the Standard Specifications is supplemented by the following: Contractor shall field verify existing grades and shall accept site as is, for no other grading shall be performed by the CITY. •300-1.3 Removal and Disposal of Materials •300-1.3.1 General All materials removed shall be disposed of in a legal manner at an appropriate Disposal Site. •300-1.3.2 Requirements A. Bituminous Pavement Saw cutting of edges to be joined is required. B. Miscellaneous In addition to the work outlined in Section 300-1.1 of the Standard Specifications, the following items of work are included under Clearing & Grubbing unless otherwise covered by specific bid item. Attachment 1 Bid Addendum #2 102 Project and Specification No. 21-02 SP-5 1. Maintaining dust control at all times by watering during the entire time of the project, whether extended or not, including developing a water supply and furnishing and placing all water for all work done in the contract, including water used for extra work. 2. Application of soil sterilant, if applicable, or as directed by the ENGINEER. 3. Protection of utilities, structures, improvements and other facilities within the construction zone, except those specifically shown on the plans to be removed or relocated. 4. Removal and disposal of existing natural and artificial objectionable material within the limits of construction. 5. Verification of existing locations and elevations as shown on the plans or directed by the ENGINEER. 6. Replacement of disturbed traffic signs, street names, mailboxes, property owner signs, fences, landscaping, protection of temporary construction fences and all appurtenances, striping and markings as required to the satisfaction of the ENGINEER. Also, includes the installation of safe pedestrian pathway by installing orange netting or other approved method of safely directing pedestrians through a protected path. 7. This item shall also be interpreted to include the removal or relocation of any additional items in conflict with the proposed work not specifically mentioned herein or covered by specific bid item as directed in the field by the Engineer, which may be found within the work limits whether shown or not shown on the plans to be removed or relocated. 8. All surplus material three (3) inches or smaller shall be uniformly spread and compacted in the street sub grade. No material greater than three (3) inches in any dimension shall be used in the top twelve (12) inches of the sub grade. No nesting of rocks shall be allowed. 9. Unclassified fill shall consist of all fill unless separately designated. Construction of unclassified fill included preparing the area on which fill is to be placed, and the depositing, conditioning, and compaction of fill material. 10. Complete all demolition and removal work associated with the removal of AC, underlying PCC, PCC curb/gutter, as designated on the drawings for removal, unless otherwise defined. 11. Any structural or non-structural demolition work involved for the construction of the project and Contractor shall be responsible for disposing in a legal manner. 12. Determining and maintaining a straight edge in areas where AC joins existing edge of pavement. 13. No burning will be permitted. 14. No accumulation of flammable material shall remain on or adjacent to the right-of- way. Attachment 1 Bid Addendum #2 103 Project and Specification No. 21-02 SP-6 SECTION 302 – ROADWAY SURFACING 302-4 SLURRY SEAL SURFACING [Add the following within each Subsection:]. 302-4.1.1 PREPARATION OF EXISTING FOR SLURRY SEAL Before applying slurry seal, the Contractor shall perform the following: •Notices and No Parking postings. The contractor shall notify all the residents on any street that is impacted by the slurry seal operations by the end of the working day, on the Wednesday prior to slurry sealing the roadway. All operations for a Monday through Sunday work week shall have notices delivered by the prior Wednesday. The notice to each resident shall be on a format that is acceptable to the Engineer, with all contents of the notice being approved by the Engineer at least three weeks prior to having any slurry seal work performed. No Parking” signs are to be posted at least two working days prior to performing any slurry seal work. •Plane all buckled pavement flush with existing adjacent pavement after the cleaning process. •Remove all excess bitumen in bituminous pavement by burning or other method which is to be approved by Engineer. •Clean all oil stained asphalt surfaces and apply “oil seal” produced by Industrial Asphalt or an approved equal to all oil stained surfaces prior to slurry application. •Clean all loose materials, silt, vegetation, and other objectionable material on the existing surface by a method as specified or approved by the Engineer. The surface shall be free of water, dust, and foreign materials. •Before construction starts, all cracks shall be sprayed with “Suppress Herbecide EC” a non-select organic weed and grass killer solution manufactured by Westbride Agricultural Products and a direct kill application (spectrocide) combination or approved equal. The contractor shall apply the organic weed and grass killer solution twice, at two (2) weeks apart from application. If a 3rd application is necessary, all cracks shall be sprayed with “Round-up”, a non-select weed and grass killer solution manufactured by Monsanto Company and a direct kill application (spectrocide) combination or approved equal for no additional cost to the City. The Contractor shall remove all weeds and vegetation fourteen (14) days after the chemical application or as recommended by the manufacturer. The Contractor shall assure that vegetation and weeds are completely eliminated. •To facilitate inspection, the chemical solution shall be mixed with purple dye before spraying. The Contractor shall be directed to spray against those cracks – Attachment 1 Bid Addendum #2 104 Project and Specification No. 21-02 SP-7 without purple color appearing – at no additional cost to the City before any construction. •The weed and grass killer solution shall be applied at a rate as recommended by manufacturer. •Sweep the surface with a rotary broom to remove all loose material. •Clean thoroughly by using compressed air to blow out loose material, and then brush with a wire brush to remove more stubborn material from all depressions and cracks not reached by the rotary broom. •Wash existing pavement; it must be damp but without water standing before slurry. •May use alternate cleaning methods only with prior approval of the Engineer. •Remove all existing raised pavement markers (RPM) including reflective markers. •Remove by wet sandblasting, or by hand-operated grinder, all existing and/or visual striping and pavement markings prior to the application of the slurry seal. Temporary striping marking shall be placed and maintained until the final striping and markings are placed. •Remove by hand-operated grinder all existing and/or visual thermoplastic markings including markings, striping, and crosswalks prior to the application of the slurry seal. •Furnish and maintain temporary markings until the final striping and markings are placed. •Immediately ahead of the mixer for slurry seal, pre-water the pavement by a pressure water distribution system equipped with a fog-type spray bar which will completely fog the surface of the pavement. The surface should be damp but with no free water standing in front of the slurry box. •Cover any manholes, water valve covers, and brick and concrete crosswalks with heavy removable plastic cover materials to prevent the adhesion of construction materials. •Remove the tape covering material from manholes, water valves, and brick and concrete crosswalks as soon as the slurry application is completed remove and clean any deposited construction materials on the surface of these exiting structures as soon as possible. Attachment 1 Bid Addendum #2 105 Project and Specification No. 21-02 SP-8 •Coordinate with the City’s Fire Department and obtain their approval before starting any work. •Be responsible for maintaining location of and access to, all waterline valves during construction. •Restore traffic delineation prior to opening street to traffic. •Use only reflective slurry tabs; Non-reflective slurry tabs will not be allowed. 302-4.1.2 OIL SEAL All accumulation of oil and foreign materials shall be scraped and removed from the asphalt surface prior to the application of oil seal. Any fresh petroleum deposits should be dried using heat prior to application of oil seal. Oil seal shall be applied per manufacturer’s recommendations. Severity of the petroleum stain should dictate the amount of application. Oil seal should be brushed onto the stained surface insuring the total stain is well covered. 302-4.1.3 SLURRY SEAL TYPE II Slurry seal material and construction shall conform to Sections 203 and 302-4 of the Green Book and the following additions and revisions. Slurry shall be quickset emulsion aggregate slurry seal cationic (CQS---1h) and shall have an additive oflatex. The latex shall be added at the emulsion plant after weighing the asphalt and before the addition of mixing water. The latex shall be added at a rate of 2.5% percent of the weight of the emulsified asphalt. The cost for the latex additive shall be included in the unit price for no additional cost to the City. A final report for slurry mix design shall be submitted to the City for verification and all slurry mix design must be tested and approved by the specified laboratory prior to commencing work. After mix proportions have been determined by the laboratory which has been approved by the City, the Contractor shall place one or more trial mixes either at the job site or at a location where small spreads of the slurry would not be objectionable. The Contractor shall submit samples of aggregate, emulsion, retardant or accelerator, and the other required substances to the City to verify mix design submitted by the Contractor. The cement mixing test will not be required for quickset cationic emulsion asphalt. The aggregate bin shall be calibrated in 2-ton increments in order that an accurate estimate may be made of the amount of material used for each load. Prior to the Attachment 1 Bid Addendum #2 106 Project and Specification No. 21-02 SP-9 beginning of slurry operations, the Contractor shall furnish, at no cost to the City, current licensed weighmaster’s certificate indicating the net weight capacity of the aggregate bin. The Contractor shall furnish calibrated vehicle weight scales at the stockpile site for use by the Agency. The portable scales will be utilized for inspection and all mixers shall be weighed prior to transit. All equipment and tools necessary for the field measurement of the emulsion and aggregate by the Agency shall be furnished and maintained by the Contractor. The Contractor shall be responsible for the initial setup of the weigh scales at the stockpile site and all necessary relocations during slurry seal operations. The Contractor shall apply the slurry using a minimum of two continuous mixers, one mixer to apply slurry with the other machine is in transit to and from the batch site. The Contractor shall provide a coordinator, at least one competent quickset man one competent driver for the mixer applying slurry, and one shuttle driver for the machine in route to reload. The Contractor shall also provide sufficient laborers for any hand work and clean up required to insure proper progress of work. Transit mix trucks shall not be used. The spreader box shall be equipped with flexible material in contact with the pavement and shall be maintained so as to prevent loss of slurry outside the limits to be covered. It shall be adjustable to assure a uniform, controlled spread and shall be equipped with suitable drags that will erase ridges. It shall be mechanical or hydraulic type equipped with a steering device. Prior to any change the Contractor shall thoroughly clean all emulsion tanks and mixing units to prevent any chemical reaction between the two emulsions. Insofar as possible, slurry seal shall be applied to cul-de-sac areas and tress shaded areas in the early morning to allow proper curing. Those areas that cannot be reached by regular spreading machine shall be spread by hand or by a small machine to completely cover those areas within the limitations of construction. Sufficient water must be use to obtain a mix consistency that is smooth and homogeneous and does not segregate on standing. The water shall not exceed the content specified in the mix design. Prior to the time of delivery of each shipment of asphalt emulsion, the Contractor shall deliver to the City certified copies of the test report for that emulsion. The test report shall indicate the name of the vendor, type and grade of asphalt emulsion delivered, date and point of delivery, quantity delivered, delivery ticket number, purchase order number, and results of the specified tests. The test report shall be signed by an Attachment 1 Bid Addendum #2 107 Project and Specification No. 21-02 SP-10 authorized representative of the vendor, shall certify that the product delivered conforms to the standard specifications and is compatible with the proposed aggregate for the type and grade indicated. In addition, samples of each shipment of asphalt emulsion shall be taken upon arrival at the job site and furnished to the Engineer; a minimum of three of those samples, more if deemed necessary, to be selected by the Engineer shall be tested for continued test reports, the testing required in connection with those reports and all additional resting shall be provided by the Contractor at no cost to the City. No material from that shipment of asphalt emulsion shall be utilized or employed in performance of the work until the certified test reports and samples of the material have been furnished to, check by, and verified by the Engineer. If test results do not conform to the requirements of these special provisions, the unacceptable slurry seal shall be removed and replaced at the Contractor’s expense. Continued application of slurry will not be allowed until it can be shown to the Engineer’s satisfaction that the mix conforms to the approved mix design. The Contractor shall, at the direction of the Engineer, repair and reseal all areas of the streets which have not been sealed properly and completely. No extension of time will be allowed for delays due to repairs, resealing, or improper mix. Any additional tests required by the Engineer prior to continued slurry application and the additional slurry required to correct the previously rejected slurry application shall be at the Contractor’s expense. The approximate rate of application coverage shall be from 1/8” to approximately 3/8” maximum with a coverage of 3/16” desired. For bidding purposes, the Contractor shall assume the application rate of slurry shall be between 1,100 and 1,400 square feet per extra long ton. The Contractor shall verify weather condition prior to the application of slurry; however, no application shall commence before 8:00 a.m., or after 1:00 p.m. The streets to be sealed shall be closed from the time of application begins until the mixture has achieved sufficient set of 4 to 5 hours to be opened to traffic, or as directed by the Engineer. The full width of the roadway shall be open for use by public traffic no later than 5PM. No residential streets shall be closed to traffic before 8:00 a.m. or after 5:00 p.m. If lumping, ball, or unmixed aggregate is observed, the slurry shall be removed from the pavement. It shall also be removed if coarser aggregate particles settle to the bottom of the mix. Streaks, such as those caused by oversized aggregate, shall be repaired at once with a hand squeegee. No longitudinal or transverse streaking, bleeding (flushing), or loss of cover aggregate shall be accepted after application. Under the direction of the Engineer, Contractor shall remove all rejected areas and repair them to the acceptable degree by the Engineer. All cost for correction work shall be borne by Contractor. The streets to be sealed with slurry shall be sealed from edge of pavement to edge of pavement. Attachment 1 Bid Addendum #2 108 Project and Specification No. 21-02 SP-11 Excessive build-up causing unsightly appearance shall not be permitted on longitudinal or transverse joints. Unless otherwise approved, the overlap at joints will not be less than 1” or greater than 3” and shall be feathered. Joints between asphalt pavement and concrete pavement and/or concrete gutters shall be completely and neatly sealed without excessive overlap onto concrete; any unsightly and objectionable excess shall be immediately removed as required. The start and finish of a slurry application shall be a straight line which, unless otherwise approved by the Engineer, shall be obtained by laying a strip of building paper or other material, approved by the Engineer, on the pavement surface. After application of slurry, the paper shall be removed, leaving a straight edge. All cul-de-sacs the Contractor shall slurry seal first to allow an extended cure time for the cul-de-sacs locations. Spillage resulting from hauling operations along or across any public traveled way shall be removed immediately by the Contractor at its expense. The finished surface of the slurry seal shall be at least as smooth as the original pavement surface. Any corrugations on the surface creating vibrations noticeable by passengers in an automobile driving over the slurry sealed surface at legal speeds will result in rejection of the slurry seal construction. Following curing of the applied slurry, the roadway shall be uniformly black in color and shall exhibit no streaking. Where the completely slurry is not uniform in color, the slurry application will be rejected. Any overlap onto concrete gutters is unacceptable and shall be removed immediately. All curbs, gutters, sidewalks and driveways shall be maintained free of loose aggregate and shall be swept as necessary or as directed by the City Engineer. Any stains resulting from the slurry sealing or paving shall be removed to the City’s satisfaction. Any slurry seal application that has been rejected will be removed by cold planning to the original pavement. A new slurry seal application shall then be placed on the pavement. Any Pavement of slurry seal rejected shall be removed and replaced with the cost borne by the Contractor. The Contractor shall be responsible for covering all asphalt pavement surfaces with an application of slurry seal in designated areas. This will include, but not be limited to, asphalt pavement directly adjacent to edges of structures, fences, walls, planters, walkways, driveways, lawns, and porches. The Contractor shall prevent the slurry seal from being deposited on any of these facilities and/or improvements and shall remove any splattering or spillage. The Contractor shall provide such flagmen and barricades as required to protect the uncured slurry from vehicular traffic. Any damage to the uncured slurry shall be the responsibility of the Contractor. The Contractor shall have a sufficient number of men on the job at all times to properly protect the freshly laid material and to correct any irregularities resulting from spillage, unsatisfactory materials or any other inconsistency as the work progresses. All Attachment 1 Bid Addendum #2 109 Project and Specification No. 21-02 SP-12 discrepancies encountered in the application of slurry shall be immediately corrected to the satisfaction of the Engineer. Upon Completion of each working day, the Contractor shall clean up the street or roads including all utility covers and all ground occupied by him in connection with the work. All work performed by the Contractor shall be left in a neat and presentable condition. At the end of each day’s work and at other times when construction operations are completed or suspended, all equipment and other obstructions shall be removed from the roadway. Any slurry seal repair work performed by the Contractor shall be reviewed and approved by the Engineer. The cost of any repair work and removal of the damaged slurry seal shall be borne by the Contractor. 302-4.1.4 CRACK SEAL This work shall consist of sealing all transverse and longitudinal cracks, and/or combination thereof, routing grooves along random cracks; and placing sealing material in the grooves, and as directed by the Engineer. 302-4.1.4.1 Material Grooves for transverse and longitudinal cracks, and/or combination thereof; shall be cut, to the dimensions as stated, with concrete saws equipped with diamond blades. Each groove shall be cut in one pass of the saw. Grooves for sealing random cracks shall be routed by any method that will produce a groove of the approximate shape and dimension as stated. Joint sealant shall conform to the requirements of ASTM Designation: D 3405 as modified herein or to the following: Joint Sealant shall be a mixture of paving asphalt and ground rubber. Ground rubber shall be vulcanized or a combination of vulcanized and vulcanized materials ground so that 100 percent will pass a No. 8 sieve. The mixture shall contain not less than 22 percent ground rubber, by weight. Modifiers may be used to facilitate blending. The sealant shall have a Ring and Ball softening point of 135 °F minimum, when tested in accordance with AASHTO Designation: T 53. The material shall be capable of being melted and applied to cracks and joints at temperatures below 400°F. When heated, it shall readily penetrate grooves ¼ inch wide or wider. Attachment 1 Bid Addendum #2 110 Project and Specification No. 21-02 SP-13 Section 4.2 of ASTM Designation: D3405 is modified to read: Penetration at 77°F. (25°C), 150g, 5s, shall not exceed 120. Section 4.5 of ASTM Designation: D3405 is modified to read: Resilience – When tested at 77°F. (25°C), the recovery shall be a minimum of 50 percent. Each lot of joint sealant shipped to the job site, whether as specified herein or conforming to ASTM Designation: D 3405, as modified herein, shall be accompanied by a Certificate of Compliance as provided in Section 6-1.07, “Certificates of Compliance,” of the Standard Specifications, and shall be accompanied with storage and heating instructions and cautions. Immediately prior to placing bond-breaker, or, in the case of random cracks, sealant, the joint, or routed crack, shall be cleaned by blast cleaning or by hand methods and then cleaned with high pressure air fets to remove all residue and foreign materials from the groove. Joint and routed crack surfaces shall be fry at the time the sealant is applied. A bond-breaker of a shape and material recommended by the manufacturer of the sealant, or as approved by the Engineer, shall be placed in the groove of transverse of longitudinal joints, and/or combination thereof. Joint-Sealant materials shall be heated and placed in conformance with the manufacturer’s written instructions and the details shown on the plans. Joint-sealant materials shall not be placed when the pavement surface temperature is below 50°F. The finished joint sealant shall be bonded to the faces of the joint groove. There shall be no separation or opening between the sealant and the faces of the joint groove, and there shall be no crack, separation, or other opening in the sealant. 302-4.1.4.2 Equipment Router: Shall be so designed to follow random cracks accurately and in accordance to the requirements of the specifications and current Environmental Agency standards. Compressor: An air compressor capable of a minimum of 85 to 150 cfm shall be used. Asphalt-Rubber Sealant Machine: Shall have an oil jacketed pump heat transfer oil circulation system with a minimum of 200 gallons and an agitation system. There shall be a positive pumping system on the machine. The machine shall have a minimum melting capacity of 100 gallons per hour. Attachment 1 Bid Addendum #2 111 Project and Specification No. 21-02 SP-14 302-4.1.4.3 Application Routing: Crack seal shall be applied to all cracks equal to, or greater than ¼” wide. Random cracks equal to or greater than 1/8” wide up to and including cracks 1/4” wide will be routed to a minimum width of 1/4” wide and 1/2” deep, and cracks greater than 1/4” wide up to and including cracks of 3/4” wide shall be routed to a minimum width of 3/4” wide and 3/4” deep by mechanical means. Cracks greater than 3/4” wide shall be blown with compressed air of not less than 100psi. Cracks less than 1/8” wide shall not be sealed under this work.. The Contractor shall protect all existing utility covers, survey monuments, traffic detector loops and pull boxes during the routing operation and shall repair or replace any damaged facilities to its original condition. The existing facilities shall include but not be limited to the above items. Removing: All routed material, dirt, vegetation, and foreign debris shall be blown and/or removed from the cracks including alligatoring cracks prior to the end of each work day. All cracks shall be free from moisture, all dirt, routed material, vegetation and foreign debris. Crack Filling: The routed and cleaned cracks shall be filled with specified sealant from the bottom up to the surface in such a manner which does not result in sealant bridging or entrapped air pockets. (With larger cracks, settlement and temperature shrinkage may occur, thus requiring a second application to bring the material up to surface). Immediately after material installation, the material shall be squeegeed as level as possible. Poorly squeegeed material and crack filled material that separates from the crack shall be rejected. Because of the nature of the material, there may be variance above or below the pavement level. Alligatoring crack areas shall also be entirely covered with crack seal material. Sweeping: Following slurry seal operations, streets shall be swept with a power vacuum sweeper. The Contractor shall perform vacuum sweeping of all slurry sealed streets a minimum three (3) times: twenty-four (24) hours after application of the slurry (or the following Monday if applied on a Friday) and for period of two (2) weeks after application of slurry seal to remove all accumulations of loose material and maintain streets in a “ravel free” condition. The Contractor shall make complete (curb-to-curb) passes on all scheduled sweeps. Where commercial street sweeping vehicles cannot remove loose material, including but not limited to driveways, sidewalks, and curb ramps, hand sweeping or equal shall be performed. The frequency and location of sweeping will be on as needed basis as determined by the Engineer for no additional cost to the City. Two weeks following the completion of slurry seal operations, the Contractor shall repair all power steering marks, rough seam lines, and any other defects as directed by the City Engineer. Attachment 1 Bid Addendum #2 112 Project and Specification No. 21-02 SP-15 Miscellaneous: Spillage resulting from hauling operation along or across any public traveled way shall be removed immediately by the Contractor at its expense. The Contractor shall prevent the crack seal materials from being deposited on all existing facilities and/or improvements and shall remove any splattering or spillage. The Contractor shall provide such flagmen and barricades as required to protect the uncured crack seal materials from vehicular traffic. Any damage to the uncured crack seal materials shall be the responsibility of the Contractor. The Contractor shall have a sufficient number of men on the job at all times to properly protect the freshly laid material and to correct any irregularities resulting from spillage, unsatisfactory materials or any other inconsistency as the work progresses. All discrepancies encountered in the application of crack seal materials shall be immediately corrected of the satisfaction of the Engineer. Upon completion of each working day, the Contractor shall clean up the streets or roads including all utility covers and all ground occupied by him in connection with the work. All work performed by the Contractor shall be left in a neat and presentable condition. Temporary markings shall be placed and maintained until the final striping and markings are placed. The Contractor shall be responsible for maintaining location of, and access to all waterline valves during construction. At the end of each day’s work and at other times when construction operations are completed or suspended, all equipment and other obstructions shall be removed from the roadway. 302-5.9 Measurement and Payment [Replace the first paragraph with the following:]. BID ITEM NO.3:SLURRY SEAL TYPE II WITH 2.5%LATEX Payment for “Slurry Seal Type II with 2.5% Latex,” shall be made at the unit price bid per Extra Long Ton (E.L.T.) as specified in Section 302-4.5 of the Standard Specifications and shall be include full compensation for mix design; surface preparation; crack sealing; oil sealing; weed killing; furnishing and placing slurry seal; clean up; and other items necessary to complete said work. Payment shall also include the cost to furnish the vehicle scales, all equipment, and tools necessary for field testing. The cost for the removal of the traffic striping, markings, thermoplastic markings and existing raised pavement markers shall be included within the unit price for the slurry seal, and no additional compensation shall be allowed. Attachment 1 Bid Addendum #2 113 Project and Specification No. 21-02 SP-16 BID ITEM NO.4: CRACK SEAL Payment for “Crack Seal” shall be made at the unit price bid per Lump Sum (L.S.) and shall include full compensation for crack preparation; crack sealing; furnishing and placing crack seal; clean up; and other items necessary for complete said work. The cost for restoring any missing traffic striping, markings, thermoplastic markings and existing raised pavement markers, in-kind, that was affected and/or removed by crack sealing shall be included in the unit price for the crack seal. No additional compensation will be allowed. SECTION 314 – TRAFFIC STRIPING, CURB AND PAVEMENT MARKINGS, AND PAVEMENT MARKERS [Replace the entire Section with the following:]. 314-1 GENERAL The striping, markings and signing shall be reinstalled at existing locations in accordance the latest edition of the State of California Standard Plans and Specifications, City Details for Striping and Markings, as modified within these Special Provisions, and as specified by the ENGINEER. The Contractor shall furnish all material, services, labor and equipment necessary for the required pavement preparations, layout and completing the pavement markings. The installed material shall be plainly visible to the motorists both day and night. Nighttime visibility shall be by a retro-reflector induced by ordinary headlights. These special provisions set minimum requirements on material characteristics of the pavement marking products. Requirements concerning application and contractor warranties shall be maintained to secure acceptable performances. The contractor shall record the existing Striping and Markings for the entire project limits on the Plans and provide to the Engineer prior to removal operations. Contractor shall restore pavement traffic striping and marking damaged during construction to original condition. 314-2 REMOVAL OF TRAFFIC STRIPING AND CURB AND PAVEMENT MARKINGS 314-2.1 General All striping must be removed by the wet sandblasting method with immediate cleanup of residue. No "blacking out" or temporary covering will be allowed. Such removal shall be by a vacuum attachment operating concurrently with the blast cleaning operations. Attachment 1 Bid Addendum #2 114 Project and Specification No. 21-02 SP-17 Reflective striping tape may be used, except that it shall not be applied to final surfaces. It shall be completely removed from all surfaces prior to placement of subsequent work. All pavement markers shall be removed without damaging the pavement. 314-3 TEMPORARY STRIPING, SIGNING, RAISED PAVEMENT MARKERS The Contractor shall be responsible for the placement of all required temporary signing, striping, and markings and the removal of existing stripes and markings in the installation of required temporary striping. Spotting shall be completed prior to the removal of any temporary striping of traffic control devices. Existing temporary stripes and markings shall be removed prior to painting new ones, but in no case shall any section of street be left without proper striping for more than 24 hours or over weekends or holidays. Traffic striping and markings shall be removed before any change is made in the traffic pattern. Removal shall be coordinated with the installation of new pavement markings to provide continuous, non-conflicting guidance to public traffic. Should temporary striping be required on the finished asphalt surface, the method and configuration must be approved by the ENGINEER for approval prior to placement. At no time shall the street be open to traffic without delineation to separate opposing traffic. Temporary delineation type shall be at the inspector's discretion. In general, temporary reflectorized markers are the preferred type of temporary delineation. 314-4 PERMANENT STRIPING AND PAVEMENT MARKERS 314-4.1 Surface Preparation In order to ensure maximum possible adhesion, the pavement surface upon which the pavement markings are to be placed shall be properly cleaned from grease, oil, mud, dust, dirt, grass, loose gravel, and other deleterious material prior to the application of the thermoplastic pavement markings, and prime sealer. 314-4.2 Premarking If the markings are not visible, the Contractor will be required to premark each installation prior to the application of the material. Where no existing markings are in place, the Contractor shall place the new pavement markings where directed by the Engineer. Attachment 1 Bid Addendum #2 115 Project and Specification No. 21-02 SP-18 314-4.3 Striping Standards The Contractor shall conform to the following requirements: 1. All traffic lines shall conform to the Caltrans Standard Plans and Standard Specifications, (latest edition) and any amendments thereto, and these Special Provisions. 2. City standards are provided for Stop Legends, Stop Bars, Crosswalk striping within Appendix B of these Specifications. 3. The Contractor shall install traffic striping, markings, arrows and messages pursuant to the “Striping/Pavement Marking Chart” and sketch where provided. All work and materials shall conform to the requirements of Caltrans Standard Specifications (latest edition). 4. The following striping details shown in Caltrans Standard Plans A20A-D and A24A-E shall be routinely used for traffic lines. Line Detail Pavement Marker Info Yellow Centerline (Residential) Double Yellow (Residential) Skip White Two-Way Left-Turn Lane Channelizing Stripe Lane Drop Stripe 2 22 9 32 38B 37B Type D Type D Type G Type D Type G Type C 5. All crosswalks, turn arrows, stop and yield bars and messages, and all other pavement legends except "Bike Lane" shall be installed in thermoplastic. 6. All yellow school crossings shall be upgraded to the Higher Visibility Crosswalk type Continental per 2018 Caltrans Standard Plans, Plan No. A24F. The crosswalks shall be 8 feet minimum using inside dimensions. The blocking shall be 24 inches wide with 24-inch min gaps or as required for alignment for wheel tracks. If the street intersects at an intersection where there is an existing Yellow Crosswalk due to the vicinity of the School, the crosswalk shall be painted and refreshed for the entire intersection. If the cross-street has a different pattern for crosswalk then the Contractor shall confer with the City staff for the direction on installing the appropriate type. 7. Bike lane stripes and messages shall be painted per Caltrans Standard Plan No. A20D, Detail 39 and 39A. 8. The first three (3) raised pavement markers for any white line at an intersection shall be Type "C" for the opposite direction of travel. Attachment 1 Bid Addendum #2 116 Project and Specification No. 21-02 SP-19 9. Two coats of paint shall be applied. The second coat shall be applied seven (7) days following the first application. 314-4.3.1 Thermoplastic Pavement Marking Material All stop bars, crosswalks, Legends, and arrows shall be replaced using thermoplastic, and conform exactly to the City of Costa Mesa stencil types. Thermoplastic shall be composed of Alkydloid/Maleic Thermoplastic Pavement material that is applied to a road surface in a molten state by extrusion of the designated thickness and width. The stripe shall, upon cooling, be reflectorized and be able to resist deformation by traffic. On all dry pavement surfaces binder/sealer shall be applied to the area where hot thermoplastic pavement markings are to be placed. The binder/sealer shall be that recommended by the manufacturer of the thermoplastic material. The material shall form a continuous film which shall dry rapidly and adhere to the pavement. The material shall not discolor nor cause any noticeable change in the appearance of the pavement outside of the finished pavement markings. All solvents shall have evaporated from the binder/sealer prior to the application of the molten thermoplastic materials. 314-4.3.2 Raised Pavement Markers (RPM) The Contractor shall remove and replace all RPMs in accordance with these project special provisions. The Contractor shall furnish and install raised pavement markings no sooner than seven (7) days nor later than fourteen (14) days following the final installation of traffic striping, and located pursuant to the striping plans. 314-4.3.3 Blue “Fire Hydrant” Raised Pavement Markers The Contractor shall furnish and install blue reflective raised pavement markers on new pavement at existing fire hydrant locations. The Contractor shall install the raised pavement marker within seven (7) days following the second application of traffic striping paint. The new marker location shall be in accordance with the Typical Hydrant Marker Location Standard Drawing and the following requirements: 1. Two-way Streets or Roads: Markers shall be placed six (6) inches from edge of painted centerline on the side nearest the fire hydrant. If the street has no centerline, the marker shall be placed six (6) inches from the approximate center of the roadway on the side nearest the hydrant. See Figures 1 through 3 of the above-mentioned standard. Attachment 1 Bid Addendum #2 117 Project and Specification No. 21-02 SP-20 2. Streets with Left-Turn Lane at Intersection: Markers shall be placed six (6) inches from edge of painted white channelizing line nearest the hydrant. See Figure 4 of the above-mentioned standard. 3. Streets with Continuous Two-Way Left-Turn Lane: Markers shall be placed six (6) inches from the edge of the painted yellow barrier line on the side nearest the fire hydrant. See Figure 5 of the above-mentioned standard. The Contractor shall furnish and install traffic delineation using paint "cat tracking," temporary marking tape, temporary flexible reflective markers, or other approved media immediately as existing stripes are removed, including bicycle lanes, in existing locations or as shown on striping sketch. The Contractor shall "cat track" for striping and markings no later than 24 hours after the application of the slurry/ACSC. No painting shall occur until the Engineer has reviewed the cat tracking and approved the striping layout. Changes to the cat tracking shall be performed by the Contractor as directed by the Engineer at no additional cost to the City. The Contractor shall apply the first application of paint for traffic striping and markings no later than seven (7) days following the application of the slurry/ACSC. The Contractor shall apply the thermoplastic no sooner than seven (7) days nor later than twelve (12) days following the application of the slurry/ACSC. All legends, including limit lines, shall be striped within 72 hours after the street (if applicable) has received the final surface course. 314-4.3.3.1 Truncated Domes or Detectable Warning Surfaces Truncated domes or detectable warning surfaces shall be installed on existing access ramp surfaces. Detectable warning surfaces shall comply with City Standards and the California Building Code Title 24, and shall consist of vitrified polymer composite, with at least 25% by weight aluminum oxide, nominally 0.20" thick, colorfast and UV stable. Panels must be anchored to the sidewalk access ramp surface in accordance with manufacturer's recommendations. The color of the panels shall be black except for ramps adjacent to or within one block of a school. Ramps within one block of a school shall have yellow truncated domes. Contractor shall submit a sample of the detectable warning surface to the ENGINEER for approval, prior to start of construction. Grind Ramp Lip to 0” Curb Face: On all ramps to be retrofitted with a truncated dome, if an existing lip exists as the bottom of the ramp adjacent to the flowline, the Contractor shall grind the existing curb ramp lip to achieve a 0” curb face. The grind shall be tapered at the edge of the ramp surface, as appropriate, to avoid creating a sharp elevation drop-off and shall be 0” to ½” deep and shall be at least 6” wide in a straight-line-grade. Grades within the grind area shall also be limited to 8.33%. The price of grinding the lip shall be included in the unit price for retrofitting the existing curb ramp. Attachment 1 Bid Addendum #2 118 Project and Specification No. 21-02 SP-21 314-4.3.5.1 Painting Curbs Where existing red, yellow, or other colored curb is removed and replaced, the Contractor shall paint the newly constructed curb (the curb face and top of curb) its original existing color. The paint material shall be water base and shall be Pervo Paint or approved equal. For red colored paint, it shall be Pervo Paint #3123 or approved equal. For yellow colored paint, it shall be Pervo Paint #6003 or approved equal. All work shall comply with Section 91 of the current Caltrans Standard Specifications. The painting of the newly constructed curbing shall be completed within seventy-two hours after the new curb and gutter has been poured. Paint residual shall not remain on the sidewalks, gutter pans, or other places beyond the limits of the curb face and the top of curb painted. The Contractor shall remove the paint beyond the limits as soon as possible after the painting is completed. The Contractor shall notify the Engineer at least two (2) working days prior to commencement of the work. All work shall be performed to the satisfaction of the Engineer. 314-4.5 Pavement Marking Guarantee The pavement marking material furnished and installed under this contract shall be guaranteed by the Contractor against failure due to blistering, bleeding, excessive cracking, staining, discoloration, oil content of pavement materials, smearing or spreading under heat, deterioration due to contact to oil or gasoline drippings, chipping, spoiling, poor adhesion resulting from defective materials or methods of application, loss of reflectivity, from traffic and wear. 314-5 Measurement and Payment Bid Item No. 5: INSTALL LANE MARKINGS,STRIPING,PAVEMENT LEGENDS, AND RAISED PAVEMENT MARKERS (RPM) Measurement and Payment for “Install Lane Markings, Striping, Pavement Legends, and Raised Pavement Markers (RPM)” shall be included in the Contract price bid per Lump Sum (LS) and shall include full compensation for removal of existing striping, legends, markings, and RPM’s; placement of all temporary striping, placement of all permanent striping, signage, pavement legends, and RPM’s pursuant to the Plans and these Special Provisions and Caltrans Standard Specifications and Plans; and furnishing all materials, services, tools, labor, equipment and incidentals as necessary to perform all the work involved and required and no additional compensation will be allowed. Attachment 1 Bid Addendum #2 119 Project and Specification No. 21-02 SP-22 Bid Item No. 6: INSTALL BLUE RAISED PAVEMENT MARKERS (BRPM) Measurement and Payment for “Install Blue Raised Pavement Markers (BRPM)” shall be included in the Contract price bid per Lump Sum (LS) and shall include full compensation for removal of existing striping, legends, markings, and BRPM’s; placement of all temporary striping, placement of all permanent striping, signage, pavement legends, and BRPM’s pursuant to the Plans and these Special Provisions and Caltrans Standard Specifications and Plans; and furnishing all materials, services, tools, labor, equipment and incidentals as necessary to perform all the work involved and required and no additional compensation will be allowed. PART 4 EXISTING IMPROVEMENTS SECTION 400 – PROTECTION AND RESTORATION 400-1 GENERAL 400-1.1 Removal and Restoration of Existing Improvements Contractor shall remove and restore all existing improvements including but not limited to, removing and installing mailboxes, fences, walls, driveways, bricks, pavers, relocation of existing drain pipe, removing tree roots and restoring planters, sprinklers, and landscaping and irrigation system. Contractor shall restore or replace to a condition equal to or better than existing condition. All replacement and restoration work shall be coordinated with the City and completed to satisfaction of the City. 400-2 PERMANENT SURVEY MARKERS [Replace with the following:]. Unless otherwise provided in the Special Provisions, the Contractor shall be responsible for protecting all existing horizontal and vertical survey controls, monuments, ties and benchmarks located within the limits of the project. If any of the above require removal, relocating or resetting, the Contractor shall, prior to any construction work and under the supervision of a California-licensed Land Surveyor or Civil Engineer licensed to practice surveying, inventory all existing survey monuments and ties and establish sufficient temporary ties and bench marks to enable the points to be reset after completion of construction by the Contractor’s Surveyor or Civil Engineer licensed to practice surveying. A copy of this inventory shall be submitted to the Engineer. Attachment 1 Bid Addendum #2 120 Project and Specification No. 21-02 SP-23 Submitted documents shall include field notes and sketches which must contain existing information of centerline control points, survey monuments and swing ties to be replaced such as existing L.S. No. or R.C.E. No., Per Parcel Map No. ___, or Tract Map No. , and other related information; they must be sealed and signed by the civil engineer or land surveyor registered by the State of California. The monument resetting work shall comply with the Subdivision Map Act, Orange County, California State requirements, and applicable CITY Codes. [Add the following Subsection:]. 400-2.1 CITY Standard Drawings • Standard Drawing No. 613 or 615. Any ties, monuments and benchmarks disturbed during construction shall be reset per City standards after construction and the tie notes submitted to the City on 8½" x 11" loose leaf paper. The Contractor and its sureties shall be liable, at Contractor's expense, for any resurvey required due to its negligence in protecting existing ties, monuments, benchmarks or any such horizontal and vertical controls. 400-2.2 Survey Monuments Reset tie monument shall have at least four (4) control points. The Contractor shall obtain prior approval from the ENGINEER before setting new survey monuments and ties. New survey monuments shall be set on new pavement surface with a 2.5” (minimum) P.K. nail, spike, or equal and brass washer with an R.C.E. or a L.S. tag. Four (4) new control lead and tack swing ties shall be set on top of curb for each new survey monument. If existing notches of a monument are on the manhole ring, said notches must be ground out after a new PCC collar is constructed around the manhole. The Contractor shall provide four points (monuments) of four-foot tangent over ties. Requirements shall be per the preceding paragraph. If the Contractor fails to reset ties and monuments and fails to set new centerline ties, the CITY will hire private professional engineers or land surveyors to perform the work and will deduct such cost from the contract. The deduction shall include the cost of the CITY personnel time involved. The Contractor must submit a corner record for each monument to the County of Orange for approval. The Contractor shall submit all approved monuments to the CITY before final payment. Attachment 1 Bid Addendum #2 121 Project and Specification No. 21-02 SP-24 The Contractor shall also submit to the CITY field notes and sketches for all existing control ties and monuments to be protected in place. These documents must be signed and sealed by either the Professional Licensed Land Surveyor or Civil Engineer registered in California. SECTION 402 – UTILITIES 402-1 LOCATION 402-1.1 General [Add the following:]. Locations of utilities shown on plans are approximate only and are based on a search of available records. Attention is directed to the possibility of utility mains or laterals within the project limits. The CONTRACTOR shall have the locations of the various utility facilities within reconstruction areas marked on the surface prior to construction and protect them during the removal and reconstruction procedures. The CONTRACTOR shall contact the City Transportation Services Department to locate traffic signal conduit within the reconstruction areas. Prior to commencing any other work, CONTRACTOR shall carefully excavate and determine precise locations and depths of all utilities, including service connections, shown on the plans and marked in the field, which may affect or be affected by Contractor's operations. This work shall be done in accordance with Section 402-1.1 of the Standard Specifications. CONTRACTOR shall not be compensated for any delays or extra work brought about by his failure to perform the above-mentioned work. CONTRACTOR shall be responsible for any damage to existing utilities shown on the plans pursuant to its location operations as required under this subsection of the Standard Specifications. Upon completion of the Project, the CONTRACTOR shall be required to remove, to the satisfaction of the ENGINEER, all utility locator markings and utility tie-out paint markings that either the CONTRACTOR, the CITY or utility companies make during the course of the work from the surfaces of sidewalks, driveway approaches, curb and gutters, using the removal method acceptable to the ENGINEER. Any damage to the existing improvements due to CONTRACTOR’S removal operation, shall be included in the various applicable items of work, and no additional compensation will be allowed therefor. The CONTRACTOR shall notify owners of the utility companies at least two (2) working days in advance of any work (See Subsection 402-4 of these Special Provisions for utility contact information). Attachment 1 Bid Addendum #2 122 Project and Specification No. 21-02 SP-25 402-1.2 Payment [Replace with the following:]. Payment for utility location by the Contractor shall be included in the bid prices for the various items of work requiring utility location and no further compensation will be allowed. 402-2 PROTECTION [Add the following:]. The Contractor shall be responsible for protecting and supporting all existing utilities and maintaining the location of and access to all gate valves during construction. When damage to existing utilities is caused by the Contractor's operations, the Contractor shall, at his expense, repair or replace damaged facilities promptly, in accordance with all applicable sections of the Standard Specifications and the standards of each affected utility. Should the Contractor fail to perform the required repairs or replacements, the cost of performing such repairs or replacement by others shall be deducted from any monies due or to become due the Contractor. 402-2.1 Payment Payment for utility protection by the Contractor shall be included in the bid prices for the various items of work requiring utility protection and no further compensation will be allowed. 402-4 RELOCATION [Add the following:]. Any miscellaneous utilities to be relocated by the Contractor, as indicated on the Plans, shall be relocated in a workmanlike manner, and all such work shall be done only at such times which are acceptable to the utility owner. The Contractor shall schedule its relocation work in cooperation with the utility owner and shall be responsible for any costs resulting from the Contractor's failure to do the work at times which are acceptable to the owner. The Contractor shall notify owners of the following companies at least two (2) working days in advance of any work: Attachment 1 Bid Addendum #2 123 Project and Specification No. 21-02 SP-26 AT&T (right-of-way) Valentina Gipson 3939 E Coronado St, Rm 2030 Anaheim, CA 92807 (o) 714-618-9132 Email: vk3921@att.com Cost Mesa Sanitary District Javier Ochiqui, Management Analyst 290 Paularino Avenue Costa Mesa, CA 92626 (o) 949-645-8400 Email: jochiqui@cmsdca.gov AT&T Rhonda Clary-Byers (engineer for Costa Mesa) or Doug DiPaolo 3939 E. Coronado St. Anaheim, CA 92807 (o) 714-618-9116 (o) 714-618-9125 Email: rc1315@att.com Email: dd2634@att.com Costa Mesa Sanitation District Nabila Guzmán, Construction Notices 290 Paularino Avenue Costa Mesa, CA 92626 (o) 949-645-8400, ext. 230 Email: nguzman@cmsdca.gov Mesa Water District Phil Lauri 1965 Placentia Ave. (inter-office mail okay) Costa Mesa, CA 92627 (o) 949-207-5449 (c) 949-631-1200 (24-hour) Email: phill@mesawater.org Orange County Water District (OCWD) Chris Olsen P.O. Box 8300 Fountain Valley, CA 92728 (o) 714-378-3200 (c) 714-378-3240 (24-hour) Email: colsen@ocwd.com Email: utilityrequest@ocwd.com Mpower Communications, Inc. Mark Denning 2698 White Road Irvine, CA 92614 (o) 949-864-0296 (c) 949-547-6455 Email: mdenning@telepacific.com CA Regional Water Quality –Santa Ana Region Mark Smythe 3737 Main St., Suite 500 Riverside, CA 92501 (o) 951-782-4130 (c) 951-543-8523 Email: msmythe@waterboards.ca.gov Orange County Sanitation District (OCSD) Rudy Davila P.O. Box 8127 Fountain Valley, CA 92728 (o) 714-593-7348 (c) 714-593-3301 (24-hour) Email: RDavila@ocsd.com Irvine Regional Water District Kelly Lew 15600 Sand Canyon Ave. Irvine, CA 92618 (o) 949-453-5586 (p) 949-729-7300 (24-hour) Email: lew@irwd.com Irvine Regional Water District Brad Jackson (Area Construction Inspector) 15600 Sand Canyon Ave. Irvine, CA 92618 (o) 949-632-0627 (p) 949-729-7300 (24-hour) Email: jackson@irwd.com SCE (Senior Compliance) Susan Morgan (o) 909-835-7527 (c) 909-835-7527 Email: susan.morgan@sce.com *No pre-construction meeting notices BUT Susan Morgan and Mónica Balderas would like to attend all UTILITY MEETINGS and be made aware of any fee schedule changes. Attachment 1 Bid Addendum #2 124 Project and Specification No. 21-02 SP-27 Irvine Ranch Water Dist. – Development Services* Christian Kessler, P.E. 15600 Sand Canyon Ave. Irvine, CA 92618 (o) 949-453-5300 (p) 949-453-5441 Email: kessler@irwd.com *utility requests SCE (Service Planner – Orange Coast S/C) Damon Humphrey 7333 Bolsa Ave. Westminster, CA 92683 (o) 714-895-0534 Email: damon.humphrey@sce.com Metropolitan Water District of So. California Civil Engineering Substructures Section Shoreh Zareh P.O. Box 54153 Los Angeles, CA 90054 (o) 213-217-7474 (c) 626-844-5610 (24-hour) Email: szareh@mwdh2o.com SCE (Service Planner – Orange Coast S/C) Mónica Balderas 7333 Bolsa Ave. Westminster, CA 92683 (o) 714-329-2778 Email: monica.balderas@sce.com Metropolitan Water District of So. California Civil Engineering Substructures Section Kieran Callanan P.O. Box 54153 Los Angeles, CA 90054 (o) 213-217-7474 (c) 626-844-5610 (24-hour) Email: kcallanan@mwdh2o.com *Reminder* After facilities are identified on the plans, send the plans to Gail Gardner, and she will forward to SCE’s planning department. Send to: gail.gardner@sce.com SCE (Utility Notice Requests) Kasy Chapman 7333 Bolsa Ave. Westminster, CA 92683 (o) 714-895-0109 (c) 800-611-1911 (24-hour) Email: kasey.chapman@sce.com Southern California Gas Co. Wilson Baldelomar P.O. Box 3334, SC8321 Anaheim, CA 92803 (o) 714-634-5091 (p) 800-603-7060 (24-hour) Email: wbaldelomar@semprautilities.com SCE (Base Maps) Kimberly Gurule 1444 E. McFadden Ave., Bldg. “D” Santa Ana, CA 92705 (o) 714-796-9932 Email: maprequests@sce.com* *No pre-construction meeting notices to this address – map requests ONLY. Southern California Gas Co. Wilson Baldelomar P.O. Box 3334, SC8321 Anaheim, CA 92803 (o) 714-634-5091 (p) 800-603-7060 (24-hour) Email: wbaldelomar@semprautilities.com Attachment 1 Bid Addendum #2 125 Project and Specification No. 21-02 SP-28 Southern California Gas Co. (Transmission) P.O. Box 2300 Chatsworth, CA 91313-2300 (o) 818-701-4546 Email: SoCalGasTransmissionUtilityRequest@ semprautilities.com Verizon Business Investigations 2400 N. Glenville Dr. Richardson, TX 75082 (o) 972-729-6016 (o) 469-886-4238 Email: investigations@verizon.com *2nd Email: chuck.czumak@verizon.com Contact Verizon Business for issues involving: --- Brooks Fiber Properties, Inc. --- MCImetro Access Transmission Srvcs. --- MCI Telecommunications Srvcs --- MFS Telecom, Inc. --- SourtherNet, Inc. / WorldComNetwork Srvc. --- Intermedia Communications, Inc. --- XO Communications Southern California Gas Co. Richard Clendineng P.O. Box 3334, SC8321 Anaheim, CA 92803 (o) 714-634-3262 Email: rclendineng@semprautilities.com Charter Communications Don Simons Construction Manager, Zone 8 7142 Chapman Ave. Garden Grove, CA 92841 (o) 714-591-4871 Email: don.simons@charter.com Southern California Gas Co. Peter Serrano P.O. Box 3334, SC8321 Anaheim, CA 92803 (o) 714-634-5067 Email: pserrano@semprautilities.com Charter Communications Utility Research Requests E-mail: DL-SOCAL-CHARTER- ENGINEERING@CHARTER.COM Spectrum Time Warner Cable José Román 12051 Industry St. Garden Grove, CA 92841 (o) 714-591-4846 (c) 657-263-3641 Email: jose.roman@charter.com XO Communications Matt Bergine Engineer IV Specialist-Network Engineering & Operations (o) 949-417-7841 (c) 714-822-6207 Email: matt.bergine@verizon.com Spectrum Time Warner Cable Main Number 7142 Chapman Ave. Garden Grove, CA 92841 (o) 714-709-3390 XO Communications Switchboard (o) 703-547-2000 Spectrum Time Warner Cable Jeff Cox Email: jeff.cox@twcable.com Spectrum Time Warner Cable *utility requests* Email: west-engineering-relo@twcable.com* Spectrum Time Warner Cable Ángel Vega (o) 714-591-4889 Email: angel.vega1@charter.com Kinder Morgan Jordan Neuner (o) 310-628-4350 Email: jordan_neuner@kindermorgan.com Karly Payne, Administrative Assistant (o) 714-560-4604 Email: karly_payne@kindermorgan.com Attachment 1 Bid Addendum #2 126 Project and Specification No. 21-02 SP-29 Spectrum Time Warner Cable Max Sándoval, Construction Coordinator (o) 714-719-9629 Newport-Mesa Unified School District Víctor Garza (o) 714-424-5080 Email: vgarza@nmusd.us OCTA – Stops & Zones Kyle Poff 550 S. Main St. Orange, CA 92863 (o) 714-560-5833 Email: kpoff@octa.net OCTA (Detour Coordination) Dispatch: 714-265-4330 Newport-Mesa Unified School District Tim Marsh, Administrative Director, Facilities Support Srvcs. (o) 714-4247527 Email: tmarsh@nmusd.us Newport-Mesa Unified School District Mary Gray Email: mgray@nmusd.us OC Fair & Event Center Jerry Eldridge, Director of Facilities (o) 714-474-5983 Email: JEldgridge@ocfair.com DIGALERT.ORG (24-HR) 811 2 days before digging. Where existing utility main lines and conduits (excluding sewer main lines) and all utility service lines (excluding sewer laterals) are to be relocated or declared abandoned by the affected utility companies, the Contractor shall be responsible for contacting the respective utility representatives for coordinating the relocations and for determining the abandonments. The Contractor shall proceed with excavation in such a manner that will allow utility companies adequate and reasonable time to relocate service lines. The Contractor shall not be compensated for any delays caused by failure to coordinate the above work with utility companies. Attachment 1 Bid Addendum #2 127 Project and Specification No. 20-16 SP-26 PART 6 TEMPORARY TRAFFIC CONTROL SECTION 600 – ACCESS 600-1 GENERAL [Add the following:]. Prior to restricting normal access from public street to adjacent properties, the Contractor shall notify each property owner or owner's agent, informing them of the nature of the access restriction and the approximate duration of the restriction. The Contractor shall make every effort possible to minimize such restrictions. 600-2 VEHICULAR ACCESS [Add the following:]. Trenches left open overnight shall be bridged in a safe and acceptable manner at all driveways and walkways to provide safe access. The Contractor shall provide access as required to accommodate special circumstance at any residence including access for disabled, impaired, special medical needs, etc. The Contractor shall use temporary asphalt surfacing at his own expense as required to maintain traffic in a safe and nondisruptive manner. The Contractor shall construct temporary AC ramps to provide safe and driveable access to residents and businesses. Transitional and temporary asphalt concrete shall be removed prior to placement of new AC pavement. 600-3 PEDESTRIAN AND EMERGENCY ACCESS [Add the following:]. A minimum of one four (4) foot wide pedestrian walkway shall be maintained and safely delineated along each public street at all times during construction. Contractor shall provide emergency access for the fire trucks and other emergency vehicles at all times and notify the Police and Fire Departments in writing two (2) working days prior to construction. The Contractor shall provide access as required to accommodate special circumstance at any residence including access for disabled, impaired, special medical needs, etc. SECTION 601 – TEMPORARY TRAFFIC CONTROL FOR CONSTRUCTION AND MAINTENANCE WORK ZONES Attachment 1 Bid Addendum #2 128 Project and Specification No. 20-16 SP-27 601-1 GENERAL [Add the following:]. Traffic control shall also conform with the provision of the latest edition of Work Area Traffic Control Handbook (WATCH) published by Building News, Inc, within the City Right-of-Way and pursuant to the Caltrans Standard Plans and Specifications within the Caltrans Right-of Way, and the Plans and Specifications. The Contractor shall perform all work for this Project Monday through Friday, except City observed holidays, and shall be allowed to work from 7:00 a.m. to 3:30 p.m. on residential streets, and from 8:30 a.m. to 3:30 p.m. on arterial and collector streets (see City’s Master Plan of Highways for reference), or unless directed otherwise by the ENGINEER. The Contractor may be allowed to work additional hours on Saturdays and Sundays pursuant to and at the discretion of the ENGINEER. Special Conditions to Traffic Control and Limitations to Working Hours Lane closures shall be allowed per the traffic control and working hours shown in the City approved Temporary Traffic Control Plan (TTCP). Minor deviations from the requirements concerning hours of work, which do not change the cost of the work, may be permitted by the ENGINEER upon the written request of the Contractor, provided that traffic will be better served and the work expedited. The Contractor shall obtain prior written approvals from the Engineer before adopting such deviations. 601-2 TEMPORARY TRAFFIC CONTROL PLAN (TTCP) [Add the following:]. The Contractor shall submit to the City a complete Temporary Traffic Control Plan (TTCP) in accordance with the Plans, the Standard Specifications, the Caltrans’ Manual of Traffic Controls in Construction and Maintenance Zones (latest edition) within Caltrans Right-of-Way, these Special Provisions and the standards contained in the Work Area Traffic Control Handbook (WATCH) within City Right-of-Way, published by Building News, Inc. (latest edition). NOTE: Contractor to be aware of the following restrictions to any and all work being performed within the City of Costa Mesa when developing the TTCP, unless otherwise directed by the ENGINEER: a. Any work within a two (2) block radius of any school will be performed during a school break or on weekends. Contractor shall coordinate work schedule with ENGINEER, prior to commencing of proposed improvements. b. Contractor is not allowed to perform any work adjacent to the Orange County Fair Grounds from Friday prior to the start of the Orange County Fair to the Monday after the Fair ends. During this time, Contractor shall coordinate with the Engineer locations of the streets, as specified in the City’s Orange County Fair Moratorium Map, prior to commencing of proposed improvements. Attachment 1 Bid Addendum #2 129 Project and Specification No. 20-16 SP-28 c. The Contractor shall not be allowed to perform any work from the Monday before Thanksgiving to the Monday after New Year’s Day on Arterial streets, and during the week of any Holiday (Sunday through Saturday) on Residential streets. During this period, all work shall be completed, all travel and/or traffic lanes shall be restored to a safe condition, be fully operational, and shall be opened to vehicular traffic. d. During elections, no work will be allowed within six hundred feet (600’) from polling place including no parking of construction equipment or employee vehicles within said distance of 600 feet. e. Prior to commencement of any work within City limits, the contractor shall coordinate with the ENGINEER so that the work performed will not interfere with any special events occurring in the City throughout the year. f. Any night or weekend work shall be approved by the City a minimum of five (5) working days prior to the scheduled construction of the streets affected. 601-3 TEMPORARY TRAFFIC CONTROL (TTC) ZONE DEVICES 601-3.4 Operations and Maintenance [Add the following:]. The Contractor shall keep the areas adjacent to the Project site clear of any objects that may be hazardous to pedestrians and motorists. Provisions to reroute pedestrians, including the disabled, around the work area must be clearly delineated. The Contractor shall be responsible for the project safety on a 24-hour basis each calendar day for the entire duration of the project. The City will only provide inspection during the designated construction hours Monday through Friday and as approved by the ENGINEER for Saturday and Sunday work in accordance with the work hours defined herein. Any work done without inspection is at the Contractor’s risk and subject to rejection. The replacement costs for rejected work will be borne by the Contractor. The Contractor shall protect and preserve all the existing pavement outside construction limits in the same condition as existing. Contractor shall replace and/or repair the damaged area to the satisfaction of the ENGINEER at no cost to the CITY if damaged by the Contractor. 601-3.5 Signs and Signage 601-3.5.1 General [Add the following:]. The Contractor shall use illuminated or reflective warning/construction signs at both ends of construction area, and at appropriate locations or as directed by the ENGINEER for the entire duration of the project. Solar powered flashing arrow boards will be Attachment 1 Bid Addendum #2 130 Project and Specification No. 20-16 SP-29 required for all lane closures and may be required for other traffic control. In addition to other delineation, the Contractor shall be responsible for the project safety on a 24-hour basis. Where construction signing conflicts with existing signing, the Contractor shall cover existing signs in a manner approved by the ENGINEER. In order to minimize interruption to the construction and the inconvenience to the motorists, the Contractor must post traffic control signs at all applicable approaches to forewarn traffic. All signs must be visible and readable to the traffic from a minimum distance of 75 feet. The Contractor shall install C-18 ROAD CONSTRUCTION AHEAD, C-17 with APPROPRIATE SPEED LIMIT, and C-13 END CONSTRUCTION signage and as required pursuant to the Plans and Specifications. The Contractor shall furnish, install, post and maintain in place "No Parking - Tow Away" signs of a minimum height of forty-two (42) inches (from ground finish surface to top of sign) on temporary traffic control devices (even if streets have posted "No Parking" signs), which shall be posted at least 72 hours prior to commencement of roadwork, unless otherwise directed by the ENGINEER. On the sign, Contractor shall print the hours, day(s) and date of closure in two-inch-high letters and numbers. A sample of the completed sign shall be approved by the ENGINEER five (5) working days prior to posting. The signs shall be spaced at a maximum of 50 feet from the street intersection and/or from each adjacent sign and at 200 feet spacing within each alley. For any work to be performed on Monday morning or a morning following a holiday, the Contractor must post "No Parking - Tow Away" signs with all requirements as specified at least 48 hours prior to weekend or holiday begins. When directed by the ENGINEER, the Contractor shall provide flagmen to direct the traffic, at no additional contract cost to the CITY. Coordination of Traffic Control with Residents, Utilities, and other Agencies The Contractor shall complete the following coordination efforts with residents, affected utilities, and other agencies as part of the Temporary Traffic Control work: a. Scheduling The Contractor shall submit the Construction Work Schedule to the CITY for review and acceptance pursuant to Section 6-1.1 of the General Provisions. This schedule shall provide affected residents and businesses ample “on-street” parking within an 800-foot distance from their residence and/or businesses’. Requests for changes in the schedule shall be submitted by the Contractor to the CITY for approval at least three (3) working days prior to the scheduled construction of the streets affected. b. Notification Two (2) weeks prior to construction, the Contractor shall be responsible for all notification to the residents and the businesses, and provide project status updates to affected residences and businesses informing them of the pending Project and Scope of Work, unless otherwise directed by the ENGINEER. The Contractor shall Attachment 1 Bid Addendum #2 131 Project and Specification No. 20-16 SP-30 submit a resident notification letter to the CITY for approval at least five (5) working days prior to delivery. The Contractor shall hand deliver copies of the approved notification letter and a newsletter (copies provided by the CITY) to the affected residences and businesses prior to the scheduled construction of the streets. This notification letter shall state the date and time of restricted travel on the affected streets. Failure to meet the approved schedule requires that the Contractor immediately notify residents of the cancellation for that day's work and reschedule construction of the affected area at a later date, at no cost to the CITY. Notification of rescheduled work shall follow this same procedure. Notify the ENGINEER five (5) working days before commencing any work as stated in “a” above. Notify the trash pick-up company “Costa Mesa Disposal” and all other trash haulers licensed to do business within the city of Costa Mesa of the schedule of work and the limitation of access. Coordinate with trash haulers and residents to ensure that regularly scheduled trash collection will occur. Contact Public Services Department at (714) 754-5307 for addresses of Costa Mesa Disposal and other trash haulers; also notify U.S. Postal Service and all other affected utilities (Edison, sewer, water, gas, telephone, etc.). Coordinate with Orange County Transportation Authority to plan and to accommodate bus routes at least five (5) working days prior to commencement of any work, which will affect any of their facilities. 601-3.6.4 Barricades [Add the following:]. Type I, II, and III barricades shall be used at all approaches, per standards and as directed by the Engineer. The Contractor shall employ sufficient traffic barriers to prevent traffic from entering the construction areas. 601-4 TEMPORARY TRAFFIC STRIPING AND PAVEMENT MARKINGS The Contractor shall provide temporary delineation as depicted in the TTCP and as directed and approved by the ENGINEER. Temporary delineation shall include wet nozzle sandblasting of conflicting markings, installation and removal of temporary centerlines or lane lines, detour signing, barricading, replacement of traffic lines, and markings in their proper locations upon termination of the detour phase. Provide temporary travel lane delineation, as required, at all times. Temporary flexible reflective stick on markers (slurry markers) may be applied. Any locations yielding a situation that is not considered driveable by the ENGINEER shall be resolved by the Contractor at the direction of the ENGINEER. The Contractor shall not be paid for such corrective action and shall be charged for any costs incurred by the City for corrective action. Attachment 1 Bid Addendum #2 132 Project and Specification No. 20-16 SP-31 Provide temporary traffic restriping at the conclusion of any working day for any centerline or lane line, which is obliterated by construction for a distance longer than 65 feet. 601-4.3 Removal [Replace with the following:]. Removal shall conform with Section 314-2 of these Special Provisions. The Contractor shall provide the first coat of permanent traffic restriping in accordance with Section 314 of these Special Provisions. 601-4.4 Measurement 601-4.5 Payment [Replace both with the following:]. 601-4 4 Measurement and Payment Measurement and Payment for Temporary Traffic Striping and Pavement Markers shall be in accordance with Section 314-2 of the Special Provisions. 601-5 TRAFFIC LANE WIDTHS AND CLEARANCES 601-5.2 Lanes Widths [Add the following:]. The minimum lane width shall be 10 feet. There shall be a minimum of 5-foot clearance from open excavations deeper than 4-inches, and 24-inches clearance from other obstructions and any excavations less than 4-inches unless authorized by the Engineer. The clearance requirements from open excavations may be reduced if K-railing (if the contractor so chooses) with crash cushions are utilized; the specification and layout of the K-rails with crash cushions shall conform to Caltrans’ standards and shall be approved by the ENGINEER; all costs for K-rails and crash cushions shall be borne by the Contractor. [Add the following Subsection:]. 602 MEASUREMENT AND PAYMENT BID ITEM NO.7:TEMPORARY TRAFFIC CONTROL Measurement and Payment for “Temporary Traffic Control” shall be at the contract price bid per Lump Sum (LS) and shall be considered full compensation for providing the Temporary Traffic Control Plan (TTCP), coordination, notifications, signage, and all labor, materials, equipment, and other related work as required to implement the TTCP as shown on the Plans, in accordance with all applicable sections of these Special Provisions, Standard Specifications, Caltrans Standard Specifications and Pans, and Caltrans Permit conditions, and no additional compensation will be allowed. The progress payment for Temporary Traffic Control shall be based on the completion percentage of the entire Project as determined by the ENGINEER. Attachment 1 Bid Addendum #2 133 SECTION “F” MISCELLANEOUS CONTRACT DOCUMENTS (SAMPLE) Attachment 1 Bid Addendum #2 134 1 CITY OF COSTA MESA PUBLIC WORKS AGREEMENT FOR CITY PROJECT NO. 21-02 THIS PUBLIC WORKS AGREEMENT (“Agreement”), dated __________ (“Effective Date”), is made by the CITY OF COSTA MESA, a political subdivision of the State of California (“CITY”), and ________, a [state] [type of organization] (“CONTRACTOR”). CITY desires to construct the public work and improvements described below under Scope of Work, Paragraph 1 (“Work”). ACCORDINGLY, the parties hereto agree as follows: 1. SCOPE OF WORK. The Work consists of mobilization, the procurement and application of Slurry Seal Type II with 2.5% latex, crack sealing, traffic striping and markings, installation of pavement markers, and implementing traffic control in Maintenance Zones 6 and 7. The Work is further described in the “Contract Documents” referred to below. The Project is known as “Citywide Street Slurry Seal Project (Maintenance Zones 6 & 7),” City Project No. 20-19 (“Project”). 2. CONTRACT DOCUMENTS. The complete Agreement consists of the following documents relating to the Project: a. This Agreement; b. CONTRACTOR’s bid; c. Notice inviting bids; d. Complete plans, profiles, detailed drawings and specifications, including general provisions and special provisions; Attachment 1 Bid Addendum #2 135 Project and Specification No. 21-02 2 e. Certificates of Insurance; f. Faithful Performance Bond and Labor and Material Bond, including agent’s Power of Attorney for each bond; g. Supplements, attachments, and exhibits attached to the above items; h. Provisions of the most current edition of The Greenbook: Standard Specifications for Public Works Construction (“The Greenbook”); and i. All addenda setting forth any modifications or interpretations of the above documents. The documents attached hereto are incorporated herein by this reference. The Greenbook is incorporated by reference as if fully set forth herein. The documents comprising the complete Agreement will be referred to as the “Contract Documents.” All of the Contract Documents are intended to complement one another, so that any Work called for in one and not mentioned in another is to be performed as if mentioned in all documents. In the event of an inconsistency in the Contract Documents, the terms of this Agreement shall prevail over all other Contract Documents. The order of precedence between the remaining Contract Documents shall be as set forth in The Greenbook. The Contract Documents constitute the entire agreement between the parties and supersede any and all other writings and oral negotiations. 3. CITY’S REPRESENTATIVE. The CITY’s Representative is Seung Yang, referred to herein as the Project Manager (“Project Manager”). 4. CONTRACTOR’S PROJECT MANAGER; PERSONNEL. (a) Project Manager. CONTRACTOR’s Project Manager must be approved by City. Such approval shall be at CITY’s sole discretion. Attachment 1 Bid Addendum #2 136 Project and Specification No. 21-02 3 (b) Personnel. CITY has the right to review and approve any personnel who are assigned to perform work under this Agreement. CONTRACTOR shall remove personnel from performing work under this Agreement if requested to do so by CITY. This Paragraph 4 is a material provision of the Agreement. 5. SCHEDULE. All Work shall be performed in accordance with the schedule approved on behalf of CITY by the Project Manager, and in accordance with the time of performance set forth in Paragraph 8 (Time of Performance). 6. EQUIPMENT - PERFORMANCE OF WORK. CONTRACTOR shall furnish all tools, equipment, apparatus, facilities, labor and materials necessary to perform and complete the Work of construction in a good and workmanlike manner in strict conformity with the Contract Documents. The equipment, apparatus, facilities, labor and material shall be furnished and such Work performed and completed as required in the plans and specifications to the satisfaction of the Project Manager or his or her designee, and subject to his or her approval. 7. CONTRACT PRICE. _____________ ($______.00). 8. TIME OF PERFORMANCE. CONTRACTOR shall commence Work by the date specified in CITY’s Notice to Proceed, unless a later date is agreed upon in writing by the parties. The Work shall be completed within _______ [working/calendar] days from the first day of commencement of the Work. Attachment 1 Bid Addendum #2 137 Project and Specification No. 21-02 4 9. TERMINATION. (a) Termination for Convenience. CITY may terminate this Agreement at any time, with or without cause, by providing thirty (30) days’ written notice to CONTRACTOR. (b) Termination for Breach of Contract. (i) If CONTRACTOR refuses or fails to prosecute the Work or any severable part of it with such diligence as will ensure its timely completion, or if CONTRACTOR fails to complete the Work on time, or if CONTRACTOR, or any subcontractor, violates any of the provisions of the Contract Documents, the Project Manager may give written notice to CONTRACTOR and CONTRACTOR’s sureties of the CITY’s intention to terminate this Agreement; and, unless within five (5) days after the serving of that notice, such conduct shall cease and arrangements for the correction thereof be made to the satisfaction of the CITY, this Agreement may be terminated at the option of CITY effective upon CONTRACTOR’s receipt of a second notice sent by the CITY indicating that the CITY has exercised its option to terminate. (ii) If CONTRACTOR is adjudged bankrupt or files for any relief under the Federal Bankruptcy Code or State insolvency laws, this Agreement shall automatically terminate without any further action or notice by CITY. (iii) If CONTRACTOR is in breach of any material provision of this Agreement, CITY may immediately terminate this Agreement by providing written notice to CONTRACTOR of same. 10. LIQUIDATED DAMAGES. In the event the Work is not completed, for any reason, within the time required including any approved extensions of time, and to the satisfaction of the Project Manager, CITY may, in addition to any other remedies, equitable and legal, including remedies Attachment 1 Bid Addendum #2 138 Project and Specification No. 21-02 5 authorized by Paragraph 9 (Termination) of this Agreement, charge to CONTRACTOR or its sureties, or deduct from payments or credits due CONTRACTOR, a sum equal to $2,300 as liquidated damages for each day beyond the date provided for the completion of such Work. The parties hereto agree that the amount set forth above, as liquidated damages constitutes a fair and reasonable estimate of the costs the CITY would suffer for each day that the CONTRACTOR fails to meet the performance schedule. The parties hereby agree and acknowledge that the delays in the performance schedule will cause CITY to incur costs and expenses not contemplated by this Agreement. 11. PERFORMANCE BY SURETIES. In the event CONTRACTOR fails or refuses to perform the Work, CITY may provide CONTRACTOR with a notice of intent to terminate as provided in Paragraph 9 (Termination), of this Agreement. The CITY shall immediately give written notice of such intent to terminate to CONTRACTOR and CONTRACTOR’s surety or sureties, and the sureties shall have the right to take over and perform this Agreement; provided, however, that the sureties must, within five (5) days after CITY’s giving notice of termination, (a) give the CITY written notice of their intention to take over the performance of this Agreement; (b) provide adequate assurances, to the satisfaction of the CITY that the Work shall be performed diligently and in a timely manner; and (c) must commence performance thereof within five (5) days after providing notice to the CITY of their intention to take over the Work. Upon the failure of the sureties to comply with the provisions set forth above, CITY may take over the Work and complete it, at the expense of CONTRACTOR, and the CONTRACTOR and the sureties shall be liable to CITY for any excess costs or damages including those referred to in Paragraph 10 (Liquidated Damages), incurred by CITY. In such event, CITY may, without liability for so doing, take Attachment 1 Bid Addendum #2 139 Project and Specification No. 21-02 6 possession of such materials, equipment, tools, appliances, Contract Documents and other property belonging to CONTRACTOR as may be on the site of the Work and reasonably necessary therefor and may use them to complete the Work. 12. DISPUTES PERTAINING TO PAYMENT FOR WORK. Should any dispute arise respecting whether any delay is excusable, or its duration, or the value of the Work done, or of any Work omitted, or of any extra Work which CONTRACTOR may be required to do, or respecting any payment to CONTRACTOR during the performance of this Agreement, such dispute shall be decided by the Project Manager, and his or her decisions shall be final and binding upon CONTRACTOR and its sureties. 13. SUPERINTENDENCE BY CONTRACTOR. At all times during performance of the Work, CONTRACTOR shall give personal superintendence or have a competent foreman or superintendent on the worksite, with authority to act for CONTRACTOR. 14. INSPECTION BY CITY. CONTRACTOR shall at all times maintain proper facilities and provide safe access for inspection by CITY to all parts of the Work and to all shops on or off-site where the Work or portions of the Work, are in preparation. CITY shall have the right of access to the premises for inspection at all times. However, CITY shall, at all times, comply with CONTRACTOR’s safety requirements on the job site. 15. CARE OF THE WORK AND OFF-SITE AUTHORIZATION. CONTRACTOR warrants that it has examined the site of the Work and is familiar with its topography and condition, location of property lines, easements, building lines and other physical factors and limitations affecting the performance of this Agreement. CONTRACTOR, at CONTRACTOR’s sole cost and expense, shall obtain any permission, Attachment 1 Bid Addendum #2 140 Project and Specification No. 21-02 7 and all approvals, licenses, or easements necessary for any operations conducted off the premises owned or controlled by CITY. CONTRACTOR shall be responsible for the proper care and protection of all materials delivered to the site or stored off-site and for the Work performed until completion and final inspection and acceptance by CITY. The risk, damage or destruction of materials delivered to the site or to Work performed shall be borne by CONTRACTOR. 16. PAYMENTS TO CONTRACTOR. On or before the last Monday of each and every month during the performance of the Work, CONTRACTOR shall meet with the Project Manager or his or her designee to determine the quantity of pay items incorporated into the improvement during that month. A “Progress Payment Order” will then be jointly prepared, approved, and signed by the Project Manager and the CONTRACTOR setting forth the amount to be paid and providing for a five percent (5%) retention. Upon approval of the progress payment order by the Project Manager, or his or her designee, it shall be submitted to CITY’s Finance Department and processed for payment by obtaining approval from the City Council to issue a warrant. Within three (3) days following City Council’s approval to issue a warrant, CITY shall mail to CONTRACTOR a warrant for the amount specified in the progress payment order as the amount to be paid. The retained five percent (5%) shall be paid to CONTRACTOR thirty-five (35) days after the recording of the Notice of Completion of the Work by the COUNTY and after CONTRACTOR shall have furnished releases of all claims against CITY by persons who furnished labor or materials for the Work, if required by CITY. Upon the request of CONTRACTOR and at its expense, securities equivalent to the amount withheld pursuant to the foregoing provisions may be presented to CITY for Attachment 1 Bid Addendum #2 141 Project and Specification No. 21-02 8 substitution for the retained funds. If CITY approves the form and amount of the offered securities it will release the retained funds and will hold the securities in lieu thereof. CONTRACTOR shall be entitled to any interest earned on the securities. In the event that claims for property damage or bodily injury are presented to CITY arising out of CONTRACTOR’s or any subcontractor’s Work under this Agreement; CITY shall give notice thereof to CONTRACTOR, and CONTRACTOR shall have thirty-five (35) days from the mailing of any such notice to evaluate the claim and to settle it by whole or partial payment, or to reject it, and to give notice of settlement or rejection to CITY. If CITY does not receive notice within the above-mentioned 35-day period that the claim has been settled, and if the Project Manager, after consultation with the City Attorney, determines that the claim is meritorious, CITY may pay the claim or a portion of it in exchange for an appropriate release from the claimant, and may deduct the amount of the payment from the retained funds that would otherwise be paid to CONTRACTOR upon completion of the Work; provided, however, that the maximum amount paid for any one claim pursuant to this provision shall be One Thousand Dollars ($1,000.00), and the maximum amount for all such claims in the aggregate paid pursuant to this provision shall be Five Thousand Dollars ($5,000.00). 17. PROMPT PAYMENT OF SUBCONTRACTORS. The CONTRACTOR agrees to pay each subcontractor under this Agreement for satisfactory performance of its contract no later than seven (7) days from the receipt of each payment the CONTRACTOR receives from CITY. The CONTRACTOR agrees further to release retainage payments to each subcontractor within thirty (30) days after the subcontractor’s work is satisfactorily completed. Any delay or postponement of payment from the above referenced time frame may Attachment 1 Bid Addendum #2 142 Project and Specification No. 21-02 9 occur only for good cause following written approval of the CITY. 18. CONTRACT SECURITY AND GUARANTEE. Unless previously provided by CONTRACTOR to CITY, CONTRACTOR shall furnish, concurrently with the execution of this Agreement, the following: (1) a surety bond in an amount equal to one hundred percent (100%) of the contract price as security for the faithful performance of this Agreement, and (2) a separate surety bond in an amount equal to at least one hundred percent (100%) of the contract price as security for the payment of all persons furnishing labor or materials in connection with the Work under this Agreement. Sureties for each of the bonds and the forms thereof shall be satisfactory to CITY. In addition, such sureties must be authorized to issue bonds in California; sureties must be listed on the latest revision to the U.S. Department of the Treasury Circular 570; and must be shown to have sufficient bonding capacity to provide the bonds required by the Contract Documents. CONTRACTOR shall provide a certified copy of the certificate of authority of the surety issued by the Insurance Commissioner; a certificate from the clerk of the county in which the court or officer is located that the certificate of authority of the surety has not been surrendered, revoked, canceled, annulled, or suspended or, in the event that it has, that renewed authority has been granted; and copies of the surety’s most recent annual statement and quarterly statement filed with the Department of Insurance pursuant to Article 10 (commencing with Section 900) of Chapter 1 of Part 2 of Division 1 of the Insurance Code. CONTRACTOR guarantees that all materials used in the Work and all labor performed shall be in conformity with the Contract Documents including, but not limited to, the standards and specifications set forth in the most current edition of The Greenbook. CONTRACTOR shall, at its own expense, make any and all repairs and replacements Attachment 1 Bid Addendum #2 143 Project and Specification No. 21-02 10 that shall become necessary as the result of any failure of the Work to conform to the aforementioned Contract Documents, and standard specifications; provided, however, that CONTRACTOR shall be obligated under this provision only to the extent of those failures or defects of which he is given notice within a period of twelve (12) months from the date that the Notice of Completion is recorded. The rights and remedies available to CITY pursuant to this provision shall be cumulative with all rights and remedies available to CITY pursuant to statutory and common law, which rights and remedies are hereby expressly reserved, and neither the foregoing guarantee by CONTRACTOR nor its furnishing of the Bonds, nor acceptance thereof by CITY, shall constitute a waiver of any rights or remedies available to CITY against CONTRACTOR. 19. INDEMNIFICATION. CONTRACTOR agrees to protect, defend, indemnify and hold harmless CITY and its elected and appointed boards, officers, agents, and employees from any and all claims, liabilities, expenses, or damages of any nature, including attorney fees, for injury to or death of any person, and for injury or damage to any property, including consequential damages of any nature resulting therefrom, arising out of or in any way connected with the performance of this Agreement. The defense obligation provided for hereunder shall apply without any advance showing of negligence or wrongdoing by the CONTRACTOR, its employees, and/or authorized subcontractors, but shall be required whenever any claim, action, complaint, or suit asserts as its basis the negligence, errors, omissions or misconduct of the CONTRACTOR, its employees, and/or authorized subcontractors, and/or whenever any claim, action, complaint or suit asserts liability against the CITY, its elected officials, officers, agents and employees based upon the work performed by the CONTRACTOR, its employees, and/or authorized subcontractors Attachment 1 Bid Addendum #2 144 Project and Specification No. 21-02 11 under this Agreement, whether or not the CONTRACTOR, its employees, and/or authorized subcontractors are specifically named or otherwise asserted to be liable. Notwithstanding the foregoing, the CONTRACTOR shall not be liable for the defense or indemnification of the CITY for claims, actions, complaints or suits arising out of the sole active negligence or willful misconduct of the CITY. This provision shall supersede and replace all other indemnity provisions contained either in the CITY’s specifications or CONTRACTOR’s proposal, which shall be of no force and effect. CONTRACTOR shall comply with all of the provisions of the Workers’ Compensation insurance laws and Safety in Employment laws of the State of California, including the applicable provisions of Divisions 4 and 5 of the California Labor Code and all amendments thereto and regulations promulgated pursuant thereto, and all similar State, Federal or local laws applicable; and CONTRACTOR shall indemnify and hold harmless CITY from and against all claims, liabilities, expenses, damages, suits, actions, proceedings and judgments, of every nature and description, including attorney fees, that may be presented, brought or recovered against CITY for or on account of any liability under or failure to comply with any of said laws which may be incurred by reason of any Work performed under this Agreement by CONTRACTOR or any subcontractor or others performing on behalf of CONTRACTOR. CITY does not, and shall not, waive any rights against CONTRACTOR which it may have by reason of the above hold harmless agreements, because of the acceptance by CITY or the deposit with CITY by CONTRACTOR of any or all of the insurance policies described in Paragraph 20 (Insurance) of this Agreement. The hold harmless agreements by CONTRACTOR shall apply to all liabilities, expenses, claims, and damages of every kind (including but not limited to attorney fees) incurred or alleged to have been incurred, by reason of the operations of CONTRACTOR Attachment 1 Bid Addendum #2 145 Project and Specification No. 21-02 12 or any subcontractor or others performing on behalf of CONTRACTOR, whether or not such insurance policies are applicable. CONTRACTOR shall require any and all tiers of subcontractors to afford the same degree of indemnification to the CITY OF COSTA MESA and its elected and appointed boards, officers, agents, and employees that is required of CONTRACTOR and shall incorporate identical indemnity provisions in all contracts between CONTRACTOR and all tiers of its subcontractors. In the event that CONTRACTOR and CITY are sued by a third party for damages caused or allegedly caused by negligent or other wrongful conduct of CONTRACTOR, or by a dangerous condition of CITY’s property created by CONTRACTOR or existing while the property was under the control of CONTRACTOR, CONTRACTOR shall not be relieved of its indemnity obligation to CITY by any settlement with any such third party unless that settlement includes a full release and dismissal of all claims by the third party against the CITY. 20. INSURANCE. CONTRACTOR shall not commence Work under this Agreement until it has obtained all insurance required under this section and CITY has approved the insurance as to form, amount, and carrier, nor shall CONTRACTOR allow any subcontractor to commence any Work until all similar insurance required of the subcontractor has been obtained and approved. Neither the failure of CONTRACTOR to supply specified insurance policies and coverage, nor the failure of CITY to approve same shall alter or invalidate the provisions of Paragraph 19 (Indemnification) of this Agreement. (a) Workers’ Compensation Insurance. CONTRACTOR shall obtain and maintain during the life of this Agreement workers’ compensation insurance and, if any Work is sublet, CONTRACTOR shall require Attachment 1 Bid Addendum #2 146 Project and Specification No. 21-02 13 all tiers of subcontractors to obtain workers’ compensation insurance. All workers’ compensation insurance policies shall provide that the insurance may not be canceled without thirty (30) days’ advance written notice of such cancellation to CITY. CONTRACTOR agrees to waive, and obtain endorsements from its workers’ compensation insurer waiving, subrogation rights under its workers’ compensation insurance policy against the CITY and to require each of its subcontractors, if any, to do likewise under their workers’ compensation insurance policies. (b) Liability Insurance Coverage. CONTRACTOR shall obtain and maintain during the life of this Agreement the following insurance coverage: (i) Commercial General Liability, including coverage for premises-operations, products/completed operations hazard, blanket contractual, broad form property damage, and independent contractors. In addition, CONTRACTOR shall obtain and maintain during the life of this Agreement each of the following insurance coverage which are not stricken out and initialed by the Project Manager: Explosion and collapse hazard, underground hazard, personal injury, and automobile liability, including owned, hired, and non-owned vehicles. All insurance coverage shall have limits of not less than $1,000,000.00 combined single limits, per occurrence and aggregate. (ii) Below are approved endorsements which satisfy the basic insurance requirements contained in contracts entered into by City of Costa Mesa. These have been approved by the City Attorney’s Office. The terms of any specific contract with the City are controlling. Prior to the commencement of any work, the City requires that the Engineer receive Certificates of Insurance in DUPLICATE for liability coverage of at least $1,000,000.00 combined single limits, per occurrence and in the aggregate. Attachment 1 Bid Addendum #2 147 Project and Specification No. 21-02 14 Endorsements to the policies providing the above insurance shall be obtained by CONTRACTOR, adding the following three provisions: (1) Additional Insured: “The City of Costa Mesa and its elected and appointed boards, officers, agents, and employees are additional insureds with respect to the subject project and agreement.” (2) Notice: “Said policy shall not terminate, nor shall it be canceled nor the coverage reduced, until thirty (30) days after written notice is given to CITY.” (3) Other Insurance: “Any other insurance maintained by the City of Costa Mesa shall be excess and not contributing with the insurance provided by this policy.” If any of such policies provide for a deductible or self-insured retention to provide such coverage, the amount of such deductible or self-insured retention shall be approved in advance by CITY. No policy of insurance issued as to which the CITY is an additional insured shall contain a provision which requires that no insured except the named insured can satisfy any such deductible or self-insured retention. 21. PROOF OF INSURANCE. Prior to commencement of the Work, CONTRACTOR shall furnish CITY, through the Project Manager, proof of compliance with the above insurance requirements in a form satisfactory to the Risk Management. 22. LEGAL WORK DAY - PENALTIES FOR VIOLATION. Eight (8) hours of labor shall constitute a legal day’s work during any one (1) calendar day. CONTRACTOR shall forfeit to CITY the sum of Twenty-Five Dollars ($25.00) for each workman employed in the execution of this Agreement by Attachment 1 Bid Addendum #2 148 Project and Specification No. 21-02 15 CONTRACTOR or by any subcontractor for each calendar day during which such workman is required or permitted to work more than eight (8) hours in any one calendar day and 40 hours in any one calendar week in violation of California Labor Code Sections 1810 through 1815, inclusive. 23. PREVAILING WAGE SCALE. CONTRACTOR shall comply in all respects with the Davis-Bacon Act (40 U.S.C. section 276a) and with California Labor Code sections 1770 et seq., including the keeping of all records required by the provisions of Labor Code section 1776. CONTRACTOR shall furnish each week to CITY’s Project Administration Division a statement with respect to the wages of each of its employees during the preceding weekly payroll period. 24. COMPLIANCE WITH ALL LAWS. CONTRACTOR shall, at its own cost and expense, comply with all applicable local, state, and federal laws, regulations, and requirements in the performance of this Agreement, including but not limited to laws regarding health and safety, labor and employment, and wage and hours. 25. DRUG-FREE WORKPLACE POLICY. CONTRACTOR, upon notification of the award of this Agreement, shall establish a Drug-Free Awareness Program to inform employees of the dangers of drug abuse in the workplace, the penalties that may be imposed upon employees for drug abuse violations occurring in the workplace, and the employee assistance programs available to employees. Each employee engaged in the performance of a CITY contract must be notified of this Drug-Free Awareness Program, and must abide by its terms. CONTRACTOR shall conform to all the requirements of CITY’s Policy No. 100-5, attached hereto as Attachment 1. Failure to establish a program, notify employees, or Attachment 1 Bid Addendum #2 149 Project and Specification No. 21-02 16 inform the CITY of a drug-related workplace conviction will constitute a material breach of contract and cause for immediate termination of the contract by the CITY. 26. NON–DISCRIMINATION. In performing this Agreement, CONTRACTOR will not engage in, nor permit its agents to engage in, discrimination in employment of persons because of their race, religion, color, national origin, ancestry, physical handicap, medical condition, marital status or sex, or sexual orientation, except as permitted pursuant to Section 12940 of the Government Code. Violation of this provision may result in the imposition of penalties referred to in Section 1735 of the California Labor Code. 27. CONTRACT ASSURANCE. The CONTRACTOR or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this Agreement. The CONTRACTOR shall carry out applicable requirements of 49 CFR part 26 in the award and administration of DOT-assisted contracts. Failure by the CONTRACTOR to carry out these requirements is a material breach of this Agreement, which may result in the termination of this Agreement or such other remedy as recipient deems appropriate. The CONTRACTOR will require that the above provision is included in all subcontracts. 28. PROVISIONS CUMULATIVE. The provisions of this Agreement are cumulative and in addition to, and not in limitation of, any other rights or remedies available to CITY. 29. NOTICES. It shall be the duty and responsibility of CONTRACTOR to notify all tiers of subcontractors and material men of the following special notice provision; namely, all preliminary 20-day notices or stop notices shall be directed only to the City Clerk and to Attachment 1 Bid Addendum #2 150 Project and Specification No. 21-02 17 no other department, and shall be either personally delivered or sent by certified mail, postage prepaid. All other notices shall be in writing and delivered in person or sent by certified mail, postage prepaid. Notices required to be given to CITY pursuant to this Agreement shall be addressed as follows: City of Costa Mesa 77 Fair Drive Costa Mesa, CA 92626 Attn: ______________ Notices required to be given to CONTRACTOR shall be addressed as follows: _________________ _________________ _________________ Attn: _____________ Notices required to be given to CONTRACTOR’s sureties shall be addressed as follows: _________________ _________________ _________________ Attn: _____________ 30. INDEPENDENT CONTRACTOR. The parties hereto acknowledge and agree that the relationship between CITY and CONTRACTOR is one of principal and independent contractor and no other. All personnel to be utilized by CONTRACTOR in the performance of this Agreement shall be employees of CONTRACTOR and not employees of the CITY. CONTRACTOR shall pay all salaries and wages, employer’s social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. Nothing contained in this Agreement shall create or be construed as creating a partnership, joint venture, employment relations, or any other relationship except as set forth between the parties. The parties specifically acknowledge and agree that Attachment 1 Bid Addendum #2 151 Project and Specification No. 21-02 18 CONTRACTOR is not a partner with CITY, whether general or limited, and no activities of CITY or CONTRACTOR or statements made by CITY or CONTRACTOR shall be interpreted by any of the parties hereto as establishing any type of business relationship other than an independent contractor relationship. 31. PERS ELIGIBILITY INDEMNIFICATION. In the event that CONTRACTOR or any employee, agent, or subcontractor of CONTRACTOR providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees’ Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the CITY, CONTRACTOR shall indemnify, defend, and hold harmless CITY for the payment of any employee and/or employer contributions for PERS benefits on behalf of CONTRACTOR or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of CITY. Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, CONTRACTOR and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by CITY, including but not limited to eligibility to enroll in PERS as an employee of CITY and entitlement to any contribution to be paid by CITY for employer contribution and/or employee contributions for PERS benefits. 32. VALIDITY. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any of the other provisions of this Agreement. 33. GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws Attachment 1 Bid Addendum #2 152 Project and Specification No. 21-02 19 of the State of California. Any legal action relating to or arising out of this Agreement shall be subject to the jurisdiction of the County of Orange, California. 34. NO THIRD PARTY BENEFICIARY RIGHTS. This Agreement is entered into for the sole benefit of the CITY and CONTRACTOR and no other parties are intended to be direct or incidental beneficiaries of this Agreement and no third party shall have any right in, under or to this Agreement. 35. ASSIGNABILITY. This Agreement may not be sold, transferred or assigned by either party, or by operation of law, to any other person or persons or business entity, without the other party’s written permission. Any such sale, transfer or assignment, or attempted sale, transfer or assignment without written permission, may be deemed by the other party to constitute a voluntary termination of this Agreement and this Agreement shall thereafter be deemed terminated and void. 36. WAIVER. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is sought referring expressly to this Paragraph. The waiver of any right or remedy in respect to any occurrence or event shall not be deemed a waiver of any right or remedy in respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver. 37. HEADINGS. Section and subsection headings are not to be considered part of this Agreement, are included solely for convenience, and are not intended to modify or explain or to be a full or accurate description of the content thereof. Attachment 1 Bid Addendum #2 153 Project and Specification No. 21-02 20 38. COUNTERPARTS. This Agreement may be executed in one or more counterparts by the parties hereto. All counterparts shall be construed together and shall constitute one Agreement. 39. CORPORATE AUTHORITY. The persons executing this Agreement on behalf of the Parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said Parties and that by doing so, the Parties hereto are formally bound to the provisions of this Agreement. 40. ADDITIONAL SERVICES. CONTRACTOR shall not receive compensation for any services provided outside the scope of the Contract Documents unless such additional services, including change orders, are approved in writing by CITY prior to CONTRACTOR performing the additional services. It is specifically understood that oral requests or approvals of such additional services, change orders or additional compensation and any approvals from CITY shall be barred and are unenforceable. [Signatures appear on following page.] Attachment 1 Bid Addendum #2 154 Project and Specification No. 21-02 21 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their respective authorized officers, as of the date first above written. CITY OF COSTA MESA, A municipal corporation __________________________________ Date: __________________________ Lori Ann Farrell Harrison City Manager CONTRACTOR __________________________________ Date: __________________________ Signature __________________________________ Name and Title __________________________________ Date: __________________________ Signature __________________________________ Name and Title __________________________________ Social Security or Taxpayer ID Number ATTEST: __________________________________ Date: __________________________ Brenda Green City Clerk APPROVED AS TO FORM: __________________________________ Date: __________________________ Kimberly Hall Barlow City Attorney Attachment 1 Bid Addendum #2 155 Project and Specification No. 21-02 22 APPROVED AS TO INSURANCE: __________________________________ Date: __________________________ Ruth Wang Risk Management APPROVED AS TO PURCHASING: __________________________________ Date: __________________________ Carol Molina Finance Director DEPARTMENTAL APPROVAL: __________________________________ Date: __________________________ Raja Sethuraman Public Services Director Date: __________________________ __________________________________ Seung Yang City Engineer Attachment 1 Bid Addendum #2 156 CITY OF COSTA MESA, CALIFORNIA COUNCIL POLICY BACKGROUND Under the Federal Drug -Free Workplace Act of 1988, passed as part of omnibus drug legislation enacted November 18, 1988, contractors and grantees of Federal funds must certify that they will provide drug-free workplaces. At the present time, the City of Costa Mesa, as a sub -grantee of Federal funds under a variety of programs, is required to abide by this Act. The City Council has expressed its support of the national effort to eradicate drug abuse through the creation of a Substance Abuse Committee, institution of a City -wide D.A.R.E. program in all local schools and other activities in support of a drug -free community. This policy is intended to extend that effort to contractors and grantees of the City of Costa Mesa in the elimination of dangerous drugs in the workplace. PURPOSE It is the purpose of this Policy to: 1. Clearly state the City of Costa Mesa’s commitment to a drug -free society. 2. Set forth guidelines to ensure that public, private, and nonprofit organizations receiving funds from the City of Costa Mesa share the commitment to a drug -free workplace. POLICY The City Manager, under direction by the City Council, shall take the necessary steps to see that the following provisions are included in all contracts and agreements entered into by the City of Costa Mesa involving the disbursement of funds. 1. Contractor or Sub-grantee hereby certifies that it will provide a drug -free workplace by: A. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in Contractor’s and/or sub-grantee’s workplace, specifically the job site or location included in this contract, and sp ecifying the actions that will be taken against the employees for violation of such prohibition; B. Establishing a Drug-Free Awareness Program to inform employees about: SUBJECT DRUG-FREE WORKPLACE POLICY NUMBER 100-5 EFFECTIVE DATE 8-8-89 PAGE 1 of 3 Attachment 1 Bid Addendum #2 157 SUBJECT DRUG-FREE WORKPLACE POLICY NUMBER 100-5 EFFECTIVE DATE 8-8-89 PAGE 2 of 3 1. The dangers of drug abuse in the workplace; 2. Contractor’s and/or sub-grantee’s policy of maintaining a drug -free workplace; 3. Any available drug counseling, rehabilitation and employee assistance programs; and 4. The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; C. Making it a requirement that each employee to be engaged in the performance of the contract be given a copy of the statement required by subparagraph A; D. Notifying the employee in the statement required by subparagraph 1 A that, as a condition of employment under the contract, the employee will: 1. Abide by the terms of the statement; and 2. Notify the employer of any criminal drug statute conviction for a viol ation occurring in the workplace no later than five (5) days after such conviction; E. Notifying the City of Costa Mesa within ten (10) days after receiving notice under subparagraph 1 D 2 from an employee or otherwise receiving the actual notice of such conviction; F. Taking one of the following actions within thirty (30) days of receiving notice under subparagraph 1 D 2 with respect to an employee who is so convicted: 1. Taking appropriate personnel action against such an employee, up to and including termination; or 2. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health agency, law enforcement, or other appropriate agency; Attachment 1 Bid Addendum #2 158 SUBJECT DRUG-FREE WORKPLACE POLICY NUMBER 100-5 EFFECTIVE DATE 8-8-89 PAGE 3 of 3 G. Making a good faith effort to maintain a drug -free workplace through implementation of subparagraphs 1 A through 1 F, inclusive. 2. Contractor and/or sub-grantee shall be deemed to be in violation of this Policy if the City of Costa Mesa determines that: a. Contractor and/or sub-grantee has made a false certification under paragraph 1 above; b. Contractor and/or sub-grantee has violated the certification by failing to carry out the requirements of subparagraphs 1 A through 1 G above; c. Such number of employees of Contractor and/or sub -grantee have been convicted of violations of criminal drug statutes for violations occurring in the workpla ce as to indicate that the contractor and/or sub -grantee has failed to make a good faith effort to provide a drug-free workplace. 3. Should any contractor and/or sub -grantee be deemed to be in violation of this Policy pursuant to the provisions of 2 A, B, and C, a suspension, termination or debarment proceeding subject to applicable Federal, State, and local laws shall be conducted. Upon issuance of any final decision under this section requiring debarment of a contractor and/or sub-grantee, the contracto r and/or sub-grantee shall be ineligible for award of any contract, agreement or grant from the City of Costa Mesa for a period specified in the decision, not to exceed five (5) years. Upon issuance of any final decision recommending against debarment of the contractor and/or sub-grantee, the contractor and/or sub-grantee shall be eligible for compensation as provided by law. Attachment 1 Bid Addendum #2 159 Bond No. ______ City of Costa Mesa Form Revised 05-28-2020 LABOR AND MATERIALS PAYMENT BOND TO ACCOMPANY CONTRACT PUBLIC WORK WHEREAS, the City of Costa Mesa, State of California, has awarded to __________________________ _____, hereinafter designated as the “Principal”, a contract for the project known as: _______________________________ in the City of Costa Mesa, in strict conformity with the contract on file with the Costa Mesa City Clerk, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the contract and the terms thereof and California Civil Code section 9554 require the furnishing of a bond, providing that if Principal or any of Principal’s subcontractors fails to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth. NOW, THEREFORE, We, the undersigned Principal, and ______________________________________, duly authorized to transact business under the laws of the State of California, as Surety (referred to herein as “Surety”), are held and firmly bound unto the City of Costa Mesa, in the sum of _________________________ Dollars ($__________) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable to the City of Costa Mesa under the terms of the contract, for which payment well and truly to be made, we bind ourselves, our heirs, executors, executors, and administrators, successors and assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Principal or the Principal’s subcontractors fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorneys’ fees, to be fixed by the Court as required by the provisions of Section 9554 of the California Civil Code. This bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under Section 9100 of the California Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. And the Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications. IN WITNESS WHEREOF, this instrument has been duly executed by the above-named Principal and Surety, on the ___________ day of ______________, 20____. _____________________________ _____________________________ Name of Contractor (Principal) Authorized Signature/Title _____________________________ _____________________________ Name of Surety Authorized Agent Signature _____________________________ _____________________________ Address of Surety Print Name and Title Attachment 1 Bid Addendum #2 160 Bond Number FAITHFUL PERFORMANCE BOND PUBLIC WORK (The premium charge on this bond is S _______ , being at the rate of S __________ per thousand of the contract price) KNOW ALL MEN BY THESE PRESENTS: THAT, WHEREAS the CITY OF COSTA MESA, 77 Fair Drive, Costa Mesa, California 92626, has entered into a contract dated _______________ , 20 ________ , which is hereby incorporated by reference herein, with _________________________________________________________________________ hereinafter designated as the "Principal," for the work described as follows: ______________________________________________________________________________ ; and WHEREAS, said Principal is required by the terms of said contract to furnish a bond for the faithful performance of said contract. NOW, THEREFORE, We the Principal, and _________________________________________ a corporation organized and existing under the laws of the State of ________________ and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the CITY OF COSTA MESA in the penal sum of _____________________________ ____________ Dollars (S _________________ ), lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. The Condition Of This Obligation Is Such, That, if the above bounden Principal, his or its heirs, executors, administrators. successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, condition and agreements in the said contract and any alteration thereof made as therein provided, or his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the CITY OF COSTA MESA, its officers and agents, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and virtue. And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or the work or to the specifications. IN WITNESS WHEREOF. We have hereunto set our hands and seals this day of _______________ , 20 City of Costa Mesa Form — Public Work 2/00 Attachment 1 Bid Addendum #2 161 INSURANCE REQUIREMENT FOR CITY OF COSTA MESA CONTRACTOR shall not commence Work under this Agreement until he has obtained all insurance required under this section and CITY has approved the insurance as to form, amount, and carrier, nor shall CONTRACTOR allow any subcontractor to commence any Work until all similar insurance required of the subcontractor has been obtained and approved. Neither the failure of CONTRACTOR to supply specified insurance policies and coverage, nor the failure of CITY to approve same shall alter or invalidate the provisions of Paragraph 18 of this Agreement. A. Workers' Compensation Insurance. CONTRACTOR shall obtain and maintain during the life of this Agreement workers' compensation insurance and, if any Work is sublet, CONTRACTOR shall require all tiers of subcontractors to obtain workers' compensation insurance. All workers' compensation insurance policies shall provide that the insurance may not be canceled without thirty (30) days' advance written notice of such cancellation to CITY. CONTRACTOR agrees to waive, and obtain endorsements from its workers’ compensation insurer waiving, subrogation rights under its workers’ compensation insurance policy against the CITY and to require each of its subcontractors, if any, to do likewise under their workers’ compensation insurance policies. B. Liability Insurance Coverage. CONTRACTOR shall obtain and maintain during the life of this Agreement the following insurance coverage: (1) Commercial General Liability, including coverage for premises-operations, products/completed operations hazard, blanket contractual, broad form property damage, and independent contractors. In addition, CONTRACTOR shall obtain and maintain during the life of this Agreement each of the following insurance coverage which are not stricken out and initialed by the Project Manager: Explosion and collapse hazard, underground hazard, personal injury, and automobile liability, including owned, hired, and non-owned vehicles. All insurance coverage shall have limits of not less than $1,000,000.00 combined single limit, per occurrence and aggregate. (2) Below are approved endorsements which satisfy the basic insurance requirements contained in contracts entered into by City of Costa Mesa. These have been approved by the City Attorney's office. The terms of any specific contract with the City are controlling. Prior to the commencement of any work, the City requires that the Engineer receive Certificates of Insurance in DUPLICATE for liability coverage of at lease $1,000,000 combined single limit, per occurrence and in the aggregate. Endorsements to the policies providing the above insurance shall be obtained by CONTRACTOR, adding the following three provisions: (i) Additional Insured: The City of Costa Mesa and their elected and appointed boards, officers, agents, employees, are additional insureds with respect to the subject project and agreement. (ii) Notice: "Said policy shall not terminate, nor shall it be canceled nor the coverage reduced, until thirty (30) days after written notice is given to CITY " (iii) Other Insurance: “Any other insurance maintained by the City of Costa Mesa shall be excess and not contributing with the insurance provided by this policy.” If any of such policies provide for a deductible or self-insured retention to provide such coverage, the amount of such deductible or self-insured retention shall be approved in advance by City. No policy of insurance issued as to which the City is an additional insured shall contain a provision which requires that no insured except the named insured can satisfy any such deductible or self-insured retention. Attachment 1 Bid Addendum #2 162 The ACORD name and logo are registered marks of ACORD CERTIFICATE HOLDER © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) AUTHORIZED REPRESENTATIVE CANCELLATION DATE (MM/DD/YYYY)CERTIFICATE OF LIABILITY INSURANCE LOCJECTPRO-POLICY GEN'L AGGREGATE LIMIT APPLIES PER: OCCURCLAIMS-MADE COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurrence)$DAMAGE TO RENTED EACH OCCURRENCE $ MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ $RETENTIONDED CLAIMS-MADE OCCUR $ AGGREGATE $ EACH OCCURRENCE $UMBRELLA LIAB EXCESS LIAB DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) INSRLTR TYPE OF INSURANCE POLICY NUMBER POLICY EFF(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)LIMITS PERSTATUTE OTH-ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT $ $ $ ANY PROPRIETOR/PARTNER/EXECUTIVE If yes, describe underDESCRIPTION OF OPERATIONS below (Mandatory in NH) OFFICER/MEMBER EXCLUDED? WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED HIRED AUTOS NON-OWNEDAUTOSAUTOS AUTOS COMBINED SINGLE LIMIT BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE $ $ $ $ THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSD ADDL WVD SUBR N / A $ $ (Ea accident) (Per accident) OTHER: THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: INSURED PHONE(A/C, No, Ext): PRODUCER ADDRESS:E-MAIL FAX(A/C, No): CONTACTNAME: NAIC # INSURER A : INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : INSURER(S) AFFORDING COVERAGE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.S A M P L E Attachment 1 Bid Addendum #2 163 POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG 20 37 07 04 ' ISO Properties, Inc., 2004 Page 1 of 1 !!!! ADDITIONAL INSURED OWNERS, LESSEES OR CONTRACTORS COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location And Description Of Completed Operations Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property dam- age" caused, in whole or in part, by "your work" at the location designated and described in the sched- ule of this endorsement performed for that additional insured and included in the "products-completed operations hazard". S A M P L EAttachment 1 Bid Addendum #2 164 POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG 20 10 07 04 ' ISO Properties, Inc., 2004 Page 1 of 1 !!!! ADDITIONAL INSURED OWNERS, LESSEES OR CONTRACTORS SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location(s) Of Covered Operations Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) desig- nated above. B. With respect to the insurance afforded to these additional insureds, the following additional exclu- sions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equip- ment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its in- tended use by any person or organization other than another contractor or subcontractor en- gaged in performing operations for a principal as a part of the same project. S A M P L EAttachment 1 Bid Addendum #2 165 POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 CG 24 04 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 1 † WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV – Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products- completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. S A M P L EAttachment 1 Bid Addendum #2 166 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 2% of the California workers' compensation premium otherwise due on such remuneration. SCHEDULE PERSON OR ORGANIZATION JOB DESCRIPTION ANY PERSON OR ORGANIZATION FOR WHOM THE NAMED INSURED HAS AGREED BY WRITTEN CONTRACT TO FURNISH THIS WAIVER BLANKET WAIVER OF SUBROGATION This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective: ;;/;;/2014 Policy No. (17(5Endorsement No. 001 Insured: 8SVWUHDP%XLOGHUV Premium $ INCL. Insurance Company: Insurance Company Countersigned By: - 1998 by the Workers' Compensation Insurance Rating Bureau of California. All rights reserved. From the WCIRB's California Workers' Compensation Insurance Forms Manual - 1999. 5S A M P L EAttachment 1 Bid Addendum #2 167 Attachment 1 Bid Addendum #2 168 APPLICATION FOR BUSINESS LICENSE SEND YOUR CHECK MADE PAYABLE TO THE CITY OF COSTA MESA TREASURY MANAGEMENT DIVISION, PO BOX 1200, COSTA MESA, CA 92628-1200 (714) 754-5234 TDD: (714) 754-5244 Business Name Parent Company Name (If Corporate Owned) Note: Business address will be compared to zoning requirements before approval. Check with the Planning Division regarding the use of the location at (714) 754-5245. Business Address (Cannot be a P.O. Box) Street # Street name Unit # City State Zip Mailing Address (Can be a P.O. Box) Street # Street name Unit # City State Zip Business Telephone # ( ) Business Start Date No. of Employees (on average) Ownership (Check One only) [ ]Sole Owner [ ]Corporation [ ]Partnership [ ]Husband & Wife Co-ownership [ ]Limited Liability Company [ ]Limited Liability Partnership Seller’s Permit No. Contractors State No. & Class (If Applicable) (If Applicable) Federal Employer ID # or, Owner’s Social Security # Federal Firearms License # (if applicable) OWNER’S OR PRINCIPAL’S NAME(S) Name Home Address City Zip Telephone # ( ) Title Drivers License No. Date of Birth Name Home Address City Zip Telephone # ( ) Title Drivers License No. Date of Birth TYPE OF BUSINESS PLEASE CIRCLE ONE: Wholesale/Retail/Manufacturing/Services/Non-Profit/Administrative Only/Warehouse/ Other Fully Describe Business Operation: Standard Industrial Class Code (SIC) Alcohol Beverage Control Permit No. Department of Motor Vehicles Permit # (If Applicable) (Required for automobile/motorcycle sales businesses) Hours of Operation (M-F) (S-SU) Number of Rental Units/Rooms/Spaces (Commercial/Industrial only) (If Applicable) CHOOSE ONE OF THE APPROPRIATE FEES BELOW GENERAL BUSINESS (wholesale, retail, professional, Etc.) Enter Annual Gross Receipts Amount $_____________________ And Circle the corresponding category below ____Annual Gross Receipts _____ Tax_ $0.00 to 1,000.00 ............................$0.00 $1,000.01 to 25,000.00 ..........................$25.00 $25,000.01 to 40,000.00 ..........................$35.00 $40,000.01 to 75,000.00 ..........................$45.00 $75,000.01 to 200,000.00 ..........................$60.00 $200,000.01 to 500,000.00 ........................$100.00 Over $500,000.00 ........................$200.00 CONTRACTOR (California Licensed) Total tax due $50.00 TAX EXEMPT ORGANIZATIONS Attach proof of Tax Exempt Status (required for waiver of tax due) SHOW, EXHIBITION, SWAP MEET Tax on the Promoter’s Gross Receipts from the Gross Receipts schedule to the left ............................... ....................................Enter the tax due amount here $ PLUS .....................(# of sellers x $5 = $ ) EQUALS ..........................................Total tax due $ ADMINISTRATIVE OFFICES/WAREHOUSES (Fees based on annual operating expenses when no receipts generated) Enter annual operating expenses amount $ Use Gross Receipts schedule to the left to determine business license tax. VEHICLE WHEEL, TAXI, TOW TRUCK, BUS Number of Vehicles:__________ x $25.00 = Total Tax Due $_________ Will you store, handle or use 55 gallons, 500 pounds or 200 cubic feet of hazardous materials per year? Yes _______ No _______ Will you have an assembly room with an occupant load of 50 or more persons? Yes _______ No _______ Will you be installing a spray booth? Yes _______ No _______ Will your business produce dust/wood shavings or other material? Yes _______ No _______ Will you be storing or using flammable or combustible liquids or compressed gases? Yes _______ No _______ Will you be warehousing materials higher than 12 feet? Yes _______ No _______ Fire Department approval required for any “Yes” answer. Please make an appointment by calling (714) 327-7400. Your Business License will be issued under the provisions of Municipal Code Section 9-1. You are cautioned that this License does not permit operation of a business in violation of other Municipal Code Sections. There will be no tax refund if you are found operating illegally after the Certificate has been issued. Your business location will be checked by Planning, Building, and, if necessary, Fire Department officials. If you have any doubt whether your business location and/or building may conform with the requirements of the Municipal Code administered by these departments, you are urged to contact these departments for further information before filing your application. ** Sales or use tax may apply to your business activities. You may seek written advice regarding the application of tax to your particular business by writing or visiting the nearest State Board of Equalization. ** I declare under penalty of perjury that, to the best of my knowledge and belief, the statements made herein are correct and true and that acceptance of payment does not constitute approval of the Business License. Authorization to conduct business is not granted until issuance of the license. Authorized Signature Title Date FOR CITY OFFICE USE ONLY Planning Approval Date Approved CUP Required? CUP # Building Approval Date Approved Comments Fire Department Approval Date Approved Attachment 1 Bid Addendum #2 169 Form W-9 (Rev. December 2014) Department of the Treasury Internal Revenue Service Request for Taxpayer Identification Number and Certification Give Form to the requester. Do not send to the IRS.Print or type See Specific Instructions on page 2.1 Name (as shown on your income tax return). Name is required on this line; do not leave this line blank. 2 Business name/disregarded entity name, if different from above 3 Check appropriate box for federal tax classification; check only one of the following seven boxes: Individual/sole proprietor or single-member LLC C Corporation S Corporation Partnership Trust/estate Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=partnership) ▶ Note. For a single-member LLC that is disregarded, do not check LLC; check the appropriate box in the line above for the tax classification of the single-member owner. Other (see instructions) ▶ 4 Exemptions (codes apply only to certain entities, not individuals; see instructions on page 3): Exempt payee code (if any) Exemption from FATCA reporting code (if any) (Applies to accounts maintained outside the U.S.) 5 Address (number, street, and apt. or suite no.) 6 City, state, and ZIP code Requester’s name and address (optional) 7 List account number(s) here (optional) Part I Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid backup withholding. For individuals, this is generally your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the Part I instructions on page 3. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN on page 3. Note. If the account is in more than one name, see the instructions for line 1 and the chart on page 4 for guidelines on whose number to enter. Social security number –– or Employer identification number – Part II Certification Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and 2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and 3. I am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct. Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions on page 3. Sign Here Signature of U.S. person ▶Date ▶ General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Future developments. Information about developments affecting Form W-9 (such as legislation enacted after we release it) is at www.irs.gov/fw9. Purpose of Form An individual or entity (Form W-9 requester) who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) which may be your social security number (SSN), individual taxpayer identification number (ITIN), adoption taxpayer identification number (ATIN), or employer identification number (EIN), to report on an information return the amount paid to you, or other amount reportable on an information return. Examples of information returns include, but are not limited to, the following: • Form 1099-INT (interest earned or paid) • Form 1099-DIV (dividends, including those from stocks or mutual funds) • Form 1099-MISC (various types of income, prizes, awards, or gross proceeds) • Form 1099-B (stock or mutual fund sales and certain other transactions by brokers) • Form 1099-S (proceeds from real estate transactions) • Form 1099-K (merchant card and third party network transactions) • Form 1098 (home mortgage interest), 1098-E (student loan interest), 1098-T (tuition) • Form 1099-C (canceled debt) • Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN. If you do not return Form W-9 to the requester with a TIN, you might be subject to backup withholding. See What is backup withholding? on page 2. By signing the filled-out form, you: 1. Certify that the TIN you are giving is correct (or you are waiting for a number to be issued), 2. Certify that you are not subject to backup withholding, or 3. Claim exemption from backup withholding if you are a U.S. exempt payee. If applicable, you are also certifying that as a U.S. person, your allocable share of any partnership income from a U.S. trade or business is not subject to the withholding tax on foreign partners' share of effectively connected income, and 4. Certify that FATCA code(s) entered on this form (if any) indicating that you are exempt from the FATCA reporting, is correct. See What is FATCA reporting? on page 2 for further information. Cat. No. 10231X Form W-9 (Rev. 12-2014) Attachment 1 Bid Addendum #2 170 Form W-9 (Rev. 12-2014)Page 2 Note. If you are a U.S. person and a requester gives you a form other than Form W-9 to request your TIN, you must use the requester’s form if it is substantially similar to this Form W-9. Definition of a U.S. person. For federal tax purposes, you are considered a U.S. person if you are: • An individual who is a U.S. citizen or U.S. resident alien; • A partnership, corporation, company, or association created or organized in the United States or under the laws of the United States; • An estate (other than a foreign estate); or • A domestic trust (as defined in Regulations section 301.7701-7). Special rules for partnerships. Partnerships that conduct a trade or business in the United States are generally required to pay a withholding tax under section 1446 on any foreign partners’ share of effectively connected taxable income from such business. Further, in certain cases where a Form W-9 has not been received, the rules under section 1446 require a partnership to presume that a partner is a foreign person, and pay the section 1446 withholding tax. Therefore, if you are a U.S. person that is a partner in a partnership conducting a trade or business in the United States, provide Form W-9 to the partnership to establish your U.S. status and avoid section 1446 withholding on your share of partnership income. In the cases below, the following person must give Form W-9 to the partnership for purposes of establishing its U.S. status and avoiding withholding on its allocable share of net income from the partnership conducting a trade or business in the United States: • In the case of a disregarded entity with a U.S. owner, the U.S. owner of the disregarded entity and not the entity; • In the case of a grantor trust with a U.S. grantor or other U.S. owner, generally, the U.S. grantor or other U.S. owner of the grantor trust and not the trust; and • In the case of a U.S. trust (other than a grantor trust), the U.S. trust (other than a grantor trust) and not the beneficiaries of the trust. Foreign person. If you are a foreign person or the U.S. branch of a foreign bank that has elected to be treated as a U.S. person, do not use Form W-9. Instead, use the appropriate Form W-8 or Form 8233 (see Publication 515, Withholding of Tax on Nonresident Aliens and Foreign Entities). Nonresident alien who becomes a resident alien. Generally, only a nonresident alien individual may use the terms of a tax treaty to reduce or eliminate U.S. tax on certain types of income. However, most tax treaties contain a provision known as a “saving clause.” Exceptions specified in the saving clause may permit an exemption from tax to continue for certain types of income even after the payee has otherwise become a U.S. resident alien for tax purposes. If you are a U.S. resident alien who is relying on an exception contained in the saving clause of a tax treaty to claim an exemption from U.S. tax on certain types of income, you must attach a statement to Form W-9 that specifies the following five items: 1. The treaty country. Generally, this must be the same treaty under which you claimed exemption from tax as a nonresident alien. 2. The treaty article addressing the income. 3. The article number (or location) in the tax treaty that contains the saving clause and its exceptions. 4. The type and amount of income that qualifies for the exemption from tax. 5. Sufficient facts to justify the exemption from tax under the terms of the treaty article. Example. Article 20 of the U.S.-China income tax treaty allows an exemption from tax for scholarship income received by a Chinese student temporarily present in the United States. Under U.S. law, this student will become a resident alien for tax purposes if his or her stay in the United States exceeds 5 calendar years. However, paragraph 2 of the first Protocol to the U.S.-China treaty (dated April 30, 1984) allows the provisions of Article 20 to continue to apply even after the Chinese student becomes a resident alien of the United States. A Chinese student who qualifies for this exception (under paragraph 2 of the first protocol) and is relying on this exception to claim an exemption from tax on his or her scholarship or fellowship income would attach to Form W-9 a statement that includes the information described above to support that exemption. If you are a nonresident alien or a foreign entity, give the requester the appropriate completed Form W-8 or Form 8233. Backup Withholding What is backup withholding? Persons making certain payments to you must under certain conditions withhold and pay to the IRS 28% of such payments. This is called “backup withholding.” Payments that may be subject to backup withholding include interest, tax-exempt interest, dividends, broker and barter exchange transactions, rents, royalties, nonemployee pay, payments made in settlement of payment card and third party network transactions, and certain payments from fishing boat operators. Real estate transactions are not subject to backup withholding. You will not be subject to backup withholding on payments you receive if you give the requester your correct TIN, make the proper certifications, and report all your taxable interest and dividends on your tax return. Payments you receive will be subject to backup withholding if: 1. You do not furnish your TIN to the requester, 2. You do not certify your TIN when required (see the Part II instructions on page 3 for details), 3. The IRS tells the requester that you furnished an incorrect TIN, 4. The IRS tells you that you are subject to backup withholding because you did not report all your interest and dividends on your tax return (for reportable interest and dividends only), or 5. You do not certify to the requester that you are not subject to backup withholding under 4 above (for reportable interest and dividend accounts opened after 1983 only). Certain payees and payments are exempt from backup withholding. See Exempt payee code on page 3 and the separate Instructions for the Requester of Form W-9 for more information. Also see Special rules for partnerships above. What is FATCA reporting? The Foreign Account Tax Compliance Act (FATCA) requires a participating foreign financial institution to report all United States account holders that are specified United States persons. Certain payees are exempt from FATCA reporting. See Exemption from FATCA reporting code on page 3 and the Instructions for the Requester of Form W-9 for more information. Updating Your Information You must provide updated information to any person to whom you claimed to be an exempt payee if you are no longer an exempt payee and anticipate receiving reportable payments in the future from this person. For example, you may need to provide updated information if you are a C corporation that elects to be an S corporation, or if you no longer are tax exempt. In addition, you must furnish a new Form W-9 if the name or TIN changes for the account; for example, if the grantor of a grantor trust dies. Penalties Failure to furnish TIN. If you fail to furnish your correct TIN to a requester, you are subject to a penalty of $50 for each such failure unless your failure is due to reasonable cause and not to willful neglect. Civil penalty for false information with respect to withholding. If you make a false statement with no reasonable basis that results in no backup withholding, you are subject to a $500 penalty. Criminal penalty for falsifying information. Willfully falsifying certifications or affirmations may subject you to criminal penalties including fines and/or imprisonment. Misuse of TINs. If the requester discloses or uses TINs in violation of federal law, the requester may be subject to civil and criminal penalties. Specific Instructions Line 1 You must enter one of the following on this line; do not leave this line blank. The name should match the name on your tax return. If this Form W-9 is for a joint account, list first, and then circle, the name of the person or entity whose number you entered in Part I of Form W-9. a. Individual. Generally, enter the name shown on your tax return. If you have changed your last name without informing the Social Security Administration (SSA) of the name change, enter your first name, the last name as shown on your social security card, and your new last name. Note. ITIN applicant: Enter your individual name as it was entered on your Form W-7 application, line 1a. This should also be the same as the name you entered on the Form 1040/1040A/1040EZ you filed with your application. b. Sole proprietor or single-member LLC. Enter your individual name as shown on your 1040/1040A/1040EZ on line 1. You may enter your business, trade, or “doing business as” (DBA) name on line 2. c. Partnership, LLC that is not a single-member LLC, C Corporation, or S Corporation. Enter the entity's name as shown on the entity's tax return on line 1 and any business, trade, or DBA name on line 2. d. Other entities. Enter your name as shown on required U.S. federal tax documents on line 1. This name should match the name shown on the charter or other legal document creating the entity. You may enter any business, trade, or DBA name on line 2. e. Disregarded entity. For U.S. federal tax purposes, an entity that is disregarded as an entity separate from its owner is treated as a “disregarded entity.” See Regulations section 301.7701-2(c)(2)(iii). Enter the owner's name on line 1. The name of the entity entered on line 1 should never be a disregarded entity. The name on line 1 should be the name shown on the income tax return on which the income should be reported. For example, if a foreign LLC that is treated as a disregarded entity for U.S. federal tax purposes has a single owner that is a U.S. person, the U.S. owner's name is required to be provided on line 1. If the direct owner of the entity is also a disregarded entity, enter the first owner that is not disregarded for federal tax purposes. Enter the disregarded entity's name on line 2, “Business name/disregarded entity name.” If the owner of the disregarded entity is a foreign person, the owner must complete an appropriate Form W-8 instead of a Form W-9. This is the case even if the foreign person has a U.S. TIN. Attachment 1 Bid Addendum #2 171 Form W-9 (Rev. 12-2014)Page 3 Line 2 If you have a business name, trade name, DBA name, or disregarded entity name, you may enter it on line 2. Line 3 Check the appropriate box in line 3 for the U.S. federal tax classification of the person whose name is entered on line 1. Check only one box in line 3. Limited Liability Company (LLC). If the name on line 1 is an LLC treated as a partnership for U.S. federal tax purposes, check the “Limited Liability Company” box and enter “P” in the space provided. If the LLC has filed Form 8832 or 2553 to be taxed as a corporation, check the “Limited Liability Company” box and in the space provided enter “C” for C corporation or “S” for S corporation. If it is a single-member LLC that is a disregarded entity, do not check the “Limited Liability Company” box; instead check the first box in line 3 “Individual/sole proprietor or single-member LLC.” Line 4, Exemptions If you are exempt from backup withholding and/or FATCA reporting, enter in the appropriate space in line 4 any code(s) that may apply to you. Exempt payee code. • Generally, individuals (including sole proprietors) are not exempt from backup withholding. • Except as provided below, corporations are exempt from backup withholding for certain payments, including interest and dividends. • Corporations are not exempt from backup withholding for payments made in settlement of payment card or third party network transactions. • Corporations are not exempt from backup withholding with respect to attorneys' fees or gross proceeds paid to attorneys, and corporations that provide medical or health care services are not exempt with respect to payments reportable on Form 1099-MISC. The following codes identify payees that are exempt from backup withholding. Enter the appropriate code in the space in line 4. 1—An organization exempt from tax under section 501(a), any IRA, or a custodial account under section 403(b)(7) if the account satisfies the requirements of section 401(f)(2) 2—The United States or any of its agencies or instrumentalities 3—A state, the District of Columbia, a U.S. commonwealth or possession, or any of their political subdivisions or instrumentalities 4—A foreign government or any of its political subdivisions, agencies, or instrumentalities 5—A corporation 6—A dealer in securities or commodities required to register in the United States, the District of Columbia, or a U.S. commonwealth or possession 7—A futures commission merchant registered with the Commodity Futures Trading Commission 8—A real estate investment trust 9—An entity registered at all times during the tax year under the Investment Company Act of 1940 10—A common trust fund operated by a bank under section 584(a) 11—A financial institution 12—A middleman known in the investment community as a nominee or custodian 13—A trust exempt from tax under section 664 or described in section 4947 The following chart shows types of payments that may be exempt from backup withholding. The chart applies to the exempt payees listed above, 1 through 13. IF the payment is for . . .THEN the payment is exempt for . . . Interest and dividend payments All exempt payees except for 7 Broker transactions Exempt payees 1 through 4 and 6 through 11 and all C corporations. S corporations must not enter an exempt payee code because they are exempt only for sales of noncovered securities acquired prior to 2012. Barter exchange transactions and patronage dividends Exempt payees 1 through 4 Payments over $600 required to be reported and direct sales over $5,0001 Generally, exempt payees 1 through 52 Payments made in settlement of payment card or third party network transactions Exempt payees 1 through 4 1 See Form 1099-MISC, Miscellaneous Income, and its instructions. 2 However, the following payments made to a corporation and reportable on Form 1099-MISC are not exempt from backup withholding: medical and health care payments, attorneys' fees, gross proceeds paid to an attorney reportable under section 6045(f), and payments for services paid by a federal executive agency. Exemption from FATCA reporting code. The following codes identify payees that are exempt from reporting under FATCA. These codes apply to persons submitting this form for accounts maintained outside of the United States by certain foreign financial institutions. Therefore, if you are only submitting this form for an account you hold in the United States, you may leave this field blank. Consult with the person requesting this form if you are uncertain if the financial institution is subject to these requirements. A requester may indicate that a code is not required by providing you with a Form W-9 with “Not Applicable” (or any similar indication) written or printed on the line for a FATCA exemption code. A—An organization exempt from tax under section 501(a) or any individual retirement plan as defined in section 7701(a)(37) B—The United States or any of its agencies or instrumentalities C—A state, the District of Columbia, a U.S. commonwealth or possession, or any of their political subdivisions or instrumentalities D—A corporation the stock of which is regularly traded on one or more established securities markets, as described in Regulations section 1.1472-1(c)(1)(i) E—A corporation that is a member of the same expanded affiliated group as a corporation described in Regulations section 1.1472-1(c)(1)(i) F—A dealer in securities, commodities, or derivative financial instruments (including notional principal contracts, futures, forwards, and options) that is registered as such under the laws of the United States or any state G—A real estate investment trust H—A regulated investment company as defined in section 851 or an entity registered at all times during the tax year under the Investment Company Act of 1940 I—A common trust fund as defined in section 584(a) J—A bank as defined in section 581 K—A broker L—A trust exempt from tax under section 664 or described in section 4947(a)(1) M—A tax exempt trust under a section 403(b) plan or section 457(g) plan Note. You may wish to consult with the financial institution requesting this form to determine whether the FATCA code and/or exempt payee code should be completed. Line 5 Enter your address (number, street, and apartment or suite number). This is where the requester of this Form W-9 will mail your information returns. Line 6 Enter your city, state, and ZIP code. Part I. Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. If you are a resident alien and you do not have and are not eligible to get an SSN, your TIN is your IRS individual taxpayer identification number (ITIN). Enter it in the social security number box. If you do not have an ITIN, see How to get a TIN below. If you are a sole proprietor and you have an EIN, you may enter either your SSN or EIN. However, the IRS prefers that you use your SSN. If you are a single-member LLC that is disregarded as an entity separate from its owner (see Limited Liability Company (LLC) on this page), enter the owner’s SSN (or EIN, if the owner has one). Do not enter the disregarded entity’s EIN. If the LLC is classified as a corporation or partnership, enter the entity’s EIN. Note. See the chart on page 4 for further clarification of name and TIN combinations. How to get a TIN. If you do not have a TIN, apply for one immediately. To apply for an SSN, get Form SS-5, Application for a Social Security Card, from your local SSA office or get this form online at www.ssa.gov. You may also get this form by calling 1-800-772-1213. Use Form W-7, Application for IRS Individual Taxpayer Identification Number, to apply for an ITIN, or Form SS-4, Application for Employer Identification Number, to apply for an EIN. You can apply for an EIN online by accessing the IRS website at www.irs.gov/businesses and clicking on Employer Identification Number (EIN) under Starting a Business. You can get Forms W-7 and SS-4 from the IRS by visiting IRS.gov or by calling 1-800-TAX-FORM (1-800-829-3676). If you are asked to complete Form W-9 but do not have a TIN, apply for a TIN and write “Applied For” in the space for the TIN, sign and date the form, and give it to the requester. For interest and dividend payments, and certain payments made with respect to readily tradable instruments, generally you will have 60 days to get a TIN and give it to the requester before you are subject to backup withholding on payments. The 60-day rule does not apply to other types of payments. You will be subject to backup withholding on all such payments until you provide your TIN to the requester. Note. Entering “Applied For” means that you have already applied for a TIN or that you intend to apply for one soon. Caution: A disregarded U.S. entity that has a foreign owner must use the appropriate Form W-8. Attachment 1 Bid Addendum #2 172 Form W-9 (Rev. 12-2014)Page 4 Part II. Certification To establish to the withholding agent that you are a U.S. person, or resident alien, sign Form W-9. You may be requested to sign by the withholding agent even if items 1, 4, or 5 below indicate otherwise. For a joint account, only the person whose TIN is shown in Part I should sign (when required). In the case of a disregarded entity, the person identified on line 1 must sign. Exempt payees, see Exempt payee code earlier. Signature requirements. Complete the certification as indicated in items 1 through 5 below. 1. Interest, dividend, and barter exchange accounts opened before 1984 and broker accounts considered active during 1983. You must give your correct TIN, but you do not have to sign the certification. 2. Interest, dividend, broker, and barter exchange accounts opened after 1983 and broker accounts considered inactive during 1983. You must sign the certification or backup withholding will apply. If you are subject to backup withholding and you are merely providing your correct TIN to the requester, you must cross out item 2 in the certification before signing the form. 3. Real estate transactions. You must sign the certification. You may cross out item 2 of the certification. 4. Other payments. You must give your correct TIN, but you do not have to sign the certification unless you have been notified that you have previously given an incorrect TIN. “Other payments” include payments made in the course of the requester’s trade or business for rents, royalties, goods (other than bills for merchandise), medical and health care services (including payments to corporations), payments to a nonemployee for services, payments made in settlement of payment card and third party network transactions, payments to certain fishing boat crew members and fishermen, and gross proceeds paid to attorneys (including payments to corporations). 5. Mortgage interest paid by you, acquisition or abandonment of secured property, cancellation of debt, qualified tuition program payments (under section 529), IRA, Coverdell ESA, Archer MSA or HSA contributions or distributions, and pension distributions. You must give your correct TIN, but you do not have to sign the certification. What Name and Number To Give the Requester For this type of account:Give name and SSN of: 1. Individual The individual 2. Two or more individuals (joint account) The actual owner of the account or, if combined funds, the first individual on the account1 3. Custodian account of a minor (Uniform Gift to Minors Act)The minor2 4. a. The usual revocable savings trust (grantor is also trustee) b. So-called trust account that is not a legal or valid trust under state law The grantor-trustee1 The actual owner1 5. Sole proprietorship or disregarded entity owned by an individual The owner3 6. Grantor trust filing under Optional Form 1099 Filing Method 1 (see Regulations section 1.671-4(b)(2)(i) (A)) The grantor* For this type of account:Give name and EIN of: 7. Disregarded entity not owned by an individual The owner 8. A valid trust, estate, or pension trust Legal entity4 9. Corporation or LLC electing corporate status on Form 8832 or Form 2553 The corporation 10. Association, club, religious, charitable, educational, or other tax- exempt organization The organization 11. Partnership or multi-member LLC The partnership 12. A broker or registered nominee The broker or nominee 13. Account with the Department of Agriculture in the name of a public entity (such as a state or local government, school district, or prison) that receives agricultural program payments The public entity 14. Grantor trust filing under the Form 1041 Filing Method or the Optional Form 1099 Filing Method 2 (see Regulations section 1.671-4(b)(2)(i) (B)) The trust 1 List first and circle the name of the person whose number you furnish. If only one person on a joint account has an SSN, that person’s number must be furnished. 2 Circle the minor’s name and furnish the minor’s SSN. 3 You must show your individual name and you may also enter your business or DBA name on the “Business name/disregarded entity” name line. You may use either your SSN or EIN (if you have one), but the IRS encourages you to use your SSN. 4 List first and circle the name of the trust, estate, or pension trust. (Do not furnish the TIN of the personal representative or trustee unless the legal entity itself is not designated in the account title.) Also see Special rules for partnerships on page 2. *Note. Grantor also must provide a Form W-9 to trustee of trust. Note. If no name is circled when more than one name is listed, the number will be considered to be that of the first name listed. Secure Your Tax Records from Identity Theft Identity theft occurs when someone uses your personal information such as your name, SSN, or other identifying information, without your permission, to commit fraud or other crimes. An identity thief may use your SSN to get a job or may file a tax return using your SSN to receive a refund. To reduce your risk: • Protect your SSN, • Ensure your employer is protecting your SSN, and • Be careful when choosing a tax preparer. If your tax records are affected by identity theft and you receive a notice from the IRS, respond right away to the name and phone number printed on the IRS notice or letter. If your tax records are not currently affected by identity theft but you think you are at risk due to a lost or stolen purse or wallet, questionable credit card activity or credit report, contact the IRS Identity Theft Hotline at 1-800-908-4490 or submit Form 14039. For more information, see Publication 4535, Identity Theft Prevention and Victim Assistance. Victims of identity theft who are experiencing economic harm or a system problem, or are seeking help in resolving tax problems that have not been resolved through normal channels, may be eligible for Taxpayer Advocate Service (TAS) assistance. You can reach TAS by calling the TAS toll-free case intake line at 1-877-777-4778 or TTY/TDD 1-800-829-4059. Protect yourself from suspicious emails or phishing schemes. Phishing is the creation and use of email and websites designed to mimic legitimate business emails and websites. The most common act is sending an email to a user falsely claiming to be an established legitimate enterprise in an attempt to scam the user into surrendering private information that will be used for identity theft. The IRS does not initiate contacts with taxpayers via emails. Also, the IRS does not request personal detailed information through email or ask taxpayers for the PIN numbers, passwords, or similar secret access information for their credit card, bank, or other financial accounts. If you receive an unsolicited email claiming to be from the IRS, forward this message to phishing@irs.gov. You may also report misuse of the IRS name, logo, or other IRS property to the Treasury Inspector General for Tax Administration (TIGTA) at 1-800-366-4484. You can forward suspicious emails to the Federal Trade Commission at: spam@uce.gov or contact them at www.ftc.gov/idtheft or 1-877-IDTHEFT (1-877-438-4338). Visit IRS.gov to learn more about identity theft and how to reduce your risk. Privacy Act Notice Section 6109 of the Internal Revenue Code requires you to provide your correct TIN to persons (including federal agencies) who are required to file information returns with the IRS to report interest, dividends, or certain other income paid to you; mortgage interest you paid; the acquisition or abandonment of secured property; the cancellation of debt; or contributions you made to an IRA, Archer MSA, or HSA. The person collecting this form uses the information on the form to file information returns with the IRS, reporting the above information. Routine uses of this information include giving it to the Department of Justice for civil and criminal litigation and to cities, states, the District of Columbia, and U.S. commonwealths and possessions for use in administering their laws. The information also may be disclosed to other countries under a treaty, to federal and state agencies to enforce civil and criminal laws, or to federal law enforcement and intelligence agencies to combat terrorism. You must provide your TIN whether or not you are required to file a tax return. Under section 3406, payers must generally withhold a percentage of taxable interest, dividend, and certain other payments to a payee who does not give a TIN to the payer. Certain penalties may also apply for providing false or fraudulent information. Attachment 1 Bid Addendum #2 173 SECTION “G” APPENDIX “A” PROJECT LOCATIONS AND MAP Attachment 1 Bid Addendum #2 174 Attachment 1 Bid Addendum #2 175 Attachment 1 Bid Addendum #2 176 Attachment 1 Bid Addendum #2 177 Attachment 1 Bid Addendum #2 178 SLURRY SEAL PROJECT #21-02 Name From To L W Area PCI Maint. Type SLURRY LOCATIONS: 18th St W'ly City Limits Whittier Ave 660 37 24,420 83 Type II Slurry, Localized Digout 18th St Whittier Ave Monrovia Ave 1,320 36 47,520 91 Type II Slurry, Localized Digout 18th St Monrovia Ave Placentia Ave 1,312 36 47,232 90 Type II Slurry 18th St Placentia Ave Pomona Ave 1,321 36 47,556 89 Type II Slurry 18th St Pomona Ave Anaheim Ave 1,320 36 47,520 88 Type II Slurry 18th St Anaheim Ave Newport Blvd 880 36 31,680 88 Type II Slurry Anaheim Ave Superior Ave 19th St 2,500 37 92,500 80 Type II Slurry Babcock St 16th St 17th St 1,300 37 48,100 86 Type II Slurry, Localized Digout Bahama Pl Country Club Dr Cul-de-sac 527 37 21,673 73 Type II Slurry, Localized Digout Baker St Mesa Verde Dr Harbor Blvd 2,900 60 174,000 63 Type II Slurry, Localized Digout Bali Cir Cul-de-sac Jamaica Rd 138 37 7,280 60 Type II Slurry, Localized Digout Center St Pomona Ave Anaheim Ave 1,323 33 43,659 96 Type II Slurry Club House Rd Pitcairn Dr Mesa Verde Dr W 1,860 37 68,820 84 Type II Slurry, Localized Digout Columbia Dr Wilson St Wake Forest Rd 793 37 29,341 65 Type II Slurry, Localized Digout Country Club Dr Pemba Dr Mesa Verde Dr 630 37 23,310 88 Type II Slurry, Localized Digout Country Club Dr Mesa Verde Dr Gisler Ave 2,700 37 99,900 97 Type II Slurry, Localized Digout Crestmont Pl Shalimar Dr 18th St 520 37 19,240 87 Type II Slurry El Camino Dr Monterey Ave Mendoza Dr 1,570 37 57,830 81 Type II Slurry Farad St Cul-de-sac Pomona Ave 560 37 22,894 89 Type II Slurry James St Wallace Ave Pomona Ave 650 37 24,050 81 Type II Slurry, Localized Digout Kauai Dr Lanai Dr Club House Rd 440 37 16,280 72 Type II Slurry, Localized Digout Kenwood Pl Shalimar Dr 18th St 500 37 18,500 87 Type II Slurry McClintock Way Logan Ave Baker St 450 37 16,650 92 Type II Slurry Newhall St W'ly end Monrovia Ave 659 37 24,383 91 Type II Slurry Newton Way Placentia Ave Cul-de-sac 580 37 21,460 89 Type II Slurry, Localized Digout Notre Dame Rd Amherst Rd Villanova Rd 862 37 32,439 81 Type II Slurry, Localized Digout Oahu Pl Cul-de-sac Andros St 430 37 18,084 88 Type II Slurry Ohms Way Cul-de-sac Farad St 700 37 28,074 91 Type II Slurry, Localized Digout Park Dr Pomona Ave Crestmont Pl 790 37 29,230 86 Type II Slurry, Localized Digout Park Dr Anaheim Ave 18th St 593 33 19,569 88 Type II Slurry, Localized Digout Parkcrest Dr Parkhill Dr 19th St 700 37 25,900 84 Type II Slurry Parkglen Cir Parkhill Dr Cul-de-sac 126 37 6,836 83 Type II Slurry Parkview Cir S'ly end Cul-de-sac 509 37 21,007 79 Type II Slurry, Localized Digout Parkvista Cir Parkhill Dr Cul-de-sac 143 37 7,465 78 Type II Slurry Plumer St Pomona Ave Anaheim Ave 1,320 33 43,560 90 Type II Slurry, Localized Digout Rhodes Dr Mesa Verde Dr Stromboli Rd 680 37 25,160 70 Type II Slurry, Localized Digout Scott Pl Placentia Ave Wallace Ave 657 37 24,309 87 Type II Slurry, Localized Digout Shalimar Dr Placentia Ave Pomona Ave 1,260 37 46,620 86 Type II Slurry, Localized Digout Shalimar Dr Cul-de-sac Kenwood Pl 1,260 37 48,794 87 Type II Slurry Sunset Dr W'ly end Monrovia Ave 650 37 24,050 86 Type II Slurry Tahiti Dr Pemba Dr Mesa Verde Dr 1,171 37 43,327 68 Type II Slurry, Localized Digout Timor Dr Club House Rd Samar Dr 330 37 12,210 87 Type II Slurry, Localized Digout Villanova Rd Fordham Dr Fair Dr 2,386 37 88,282 87 Type II Slurry, Localized Digout Wake Forest Rd W'ly End Fairview Rd 2,300 37 84,656 86 Type II Slurry, Localized Digout Wallace Ave 18th St 19th St 1,320 37 48,840 88 Type II Slurry, Localized Digout Weelo Dr Wallace Ave Pomona Ave 654 33 21,582 83 Type II Slurry, Localized Digout Whittier Ave S'ly End 19th St 3,300 36 118,800 93 Type II Slurry, Localized Digout Meyer Pl 19th St Hamilton St 2,634 37 97,458 100 Type II Slurry 914 Arbor St 200 33 6,600 100 Type II Slurry 989 Arbor St 100 33 3,300 100 Type II Slurry Page 1 of 1(Rev) Attachment 1 Bid Addendum #2 179 SECTION “G” APPENDIX “B” STRIPING PLANS Attachment 1 Bid Addendum #2 180 Attachment 1Bid Addendum #2181 Attachment 1Bid Addendum #2182 Attachment 1Bid Addendum #2183 Attachment 1Bid Addendum #2184 SECTION “G” APPENDIX “C” CITY AND CALTRANS STANDARD DRAWINGS Attachment 1 Bid Addendum #2 185 $(/0-+"/,"%&’*(",)"#,+/(+/.Attachment 1Bid Addendum #2186 $(/0-+"/,"%&’*(",)"#,+/(+/.Attachment 1Bid Addendum #2187 $(/0-+"/,"%&’*(",)"#,+/(+/.Attachment 1Bid Addendum #2188 $(/0-+"/,"%&’*(",)"#,+/(+/.Attachment 1Bid Addendum #2189 $(/0-+"/,"%&’*(",)"#,+/(+/.Attachment 1Bid Addendum #2190 $(/0-+"/,"%&’*(",)"#,+/(+/.Attachment 1Bid Addendum #2191 $(/0-+"/,"%&’*(",)"#,+/(+/.Attachment 1Bid Addendum #2192 $(/0-+"/,"%&’*(",)"#,+/(+/.Attachment 1Bid Addendum #2193 $(/0-+"/,"%&’*(",)"#,+/(+/.Attachment 1Bid Addendum #2194 $(/0-+"/,"%&’*(",)"#,+/(+/.Attachment 1Bid Addendum #2195 $(/0-+"/,"%&’*(",)"#,+/(+/.Attachment 1Bid Addendum #2196 $(/0-+"/,"%&’*(",)"#,+/(+/.Attachment 1Bid Addendum #2197 $(/0-+"/,"%&’*(",)"#,+/(+/.Attachment 1Bid Addendum #2198 <Wb_\ehd_W FNM<= /-.1 >Z_j_ed &?AP:wi FNM<= /--6 >Z_j_ed) _dYbkZ_d] K[l_i_edi . $ /) Wi Wc[dZ[Z \eh ki[ _d <Wb_\ehd_W’ <^Wfj[h 0; s IWl[c[dj WdZ <khX FWha_d]i Gel[cX[h 4) /-.1 IWhj 0 s FWha_d]i IW][ 43- Attachment 1 Bid Addendum #2 199 Attachment 1 Bid Addendum #2 200 Attachment 1 Bid Addendum #2 201 Attachment 1 Bid Addendum #2 202 LIMIT LINE & LEGEND - CASE AMINORSTREET(RESIDENTIAL,COMMERCIAL,ETC.)Note 2 MINOR STREET /2 R1-210' 8' /2 Note 1 NOTES: WHITE THERMOPLASTIC 'YIELD' LEGEND PER CALTRANS STD. PLAN A24D. WHITE THERMOPLASTIC 'YIELD' PAVEMENT MARKINGS PER CALTRANS STD. PLAN A24E. Attachment 1 Bid Addendum #2 203 LIMIT LINE & LEGEND - CASE BMINORSTREETNote 2 /2 R1-110' 8' /2 Note 1 NOTES: WHITE THERMOPLASTIC 'STOP' LEGEND PER CALTRANS STD. PLAN A24D. 12" WHITE THERMOPLASTIC LIMIT LINE (STOP BAR) PER CALTRANS STD. PLAN A24E. 50' DOUBLE YELLOW LINES PER CALTRANS STD. PLAN A20A, DETAIL 22. Note 3 ARTERIAL Attachment 1 Bid Addendum #2 204 LIMIT LINE & LEGEND - CASE C /2 R1-110' 8' /2 NOTES: WHITE THERMOPLASTIC 'STOP' LEGEND PER CALTRANS STD. PLAN A24D. 12" WHITE THERMOPLASTIC LIMIT LINE (STOP BAR) PER CALTRANS STD. PLAN A24E. 50' DOUBLE YELLOW LINES PER CALTRANS STD. PLAN A20A, DETAIL 22. 10' WIDE (O.C.) CROSSWALK WITH 12" THERMOPLASTIC LINE PER CALTRANS STD. PLAN A24E (YELLOW AT/NEAR SCHOOLS, AS DIRECTED). 5' Note 3 MINORSTREETNote 1 Note 4 Note 2 ARTERIAL Attachment 1 Bid Addendum #2 205 LIMIT LINE & LEGEND - CASE D Note 4 /2 R1-110' 8' /2 Note 1 NOTES: WHITE THERMOPLASTIC 'STOP' LEGEND PER CALTRANS STD. A24D. 12" WHITE THERMOPLASTIC LIMIT LINE (STOP BAR) PER CALTRANS STD. A24E 50' DOUBLE YELLOW LINES PER CALTRANS STD. A20A, DETAIL 22. 10' WIDE (O.C.) CROSSWALK WITH 12" THERMOPLASTIC LINE PER CALTRANS STD. A24E (YELLOW AT/NEAR SCHOOLS, AS DIRECTED). Note 3 /2 R1-1 4' 5' Note 2 MINORSTREETAttachment 1 Bid Addendum #2 206 EXHIBIT C BONDS [TO BE PROVIDED FOLLOWING CITY COUNCIL APPROVAL.] Attachment 1 207 EXHIBIT D DRUG-FREE WORKPLACE POLICY Attachment 1 208 CITY OF COSTA MESA, CALIFORNIA COUNCIL POLICY BACKGROUND Under the Federal Drug -Free Workplace Act of 1988, passed as part of omnibus drug legislation enacted November 18, 1988, contractors and grantees of Federal funds must certify that they will provide drug-free workplaces. At the present time, the City of Costa Mesa, as a sub -grantee of Federal funds under a variety of programs, is required to abide by this Act. The City Council has expressed its support of the national effort to eradicate drug abuse through the creation of a Substance Abuse Committee, institution of a City -wide D.A.R.E. program in all local schools and other activities in support of a drug -free community. This policy is intended to extend that effort to contractors and grantees of the City of Costa Mesa in the elimination of dangerous drugs in the workplace. PURPOSE It is the purpose of this Policy to: 1. Clearly state the City of Costa Mesa’s commitment to a drug -free society. 2. Set forth guidelines to ensure that public, private, and nonprofit organizations receiving funds from the City of Costa Mesa share the commitment to a drug -free workplace. POLICY The City Manager, under direction by the City Council, shall take the necessary steps to see that the following provisions are included in all contracts and agreements entered into by the City of Costa Mesa involving the disbursement of funds. 1. Contractor or Sub-grantee hereby certifies that it will provide a drug -free workplace by: A. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in Contractor’s and/or sub-grantee’s workplace, specifically the job site or location included in this contract, and sp ecifying the actions that will be taken against the employees for violation of such prohibition; B. Establishing a Drug-Free Awareness Program to inform employees about: SUBJECT DRUG-FREE WORKPLACE POLICY NUMBER 100-5 EFFECTIVE DATE 8-8-89 PAGE 1 of 3 Attachment 1 209 SUBJECT DRUG-FREE WORKPLACE POLICY NUMBER 100-5 EFFECTIVE DATE 8-8-89 PAGE 2 of 3 1. The dangers of drug abuse in the workplace; 2. Contractor’s and/or sub-grantee’s policy of maintaining a drug -free workplace; 3. Any available drug counseling, rehabilitation and employee assistance programs; and 4. The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; C. Making it a requirement that each employee to be engaged in the performance of the contract be given a copy of the statement required by subparagraph A; D. Notifying the employee in the statement required by subparagraph 1 A that, as a condition of employment under the contract, the employee will: 1. Abide by the terms of the statement; and 2. Notify the employer of any criminal drug statute conviction for a viol ation occurring in the workplace no later than five (5) days after such conviction; E. Notifying the City of Costa Mesa within ten (10) days after receiving notice under subparagraph 1 D 2 from an employee or otherwise receiving the actual notice of such conviction; F. Taking one of the following actions within thirty (30) days of receiving notice under subparagraph 1 D 2 with respect to an employee who is so convicted: 1. Taking appropriate personnel action against such an employee, up to and including termination; or 2. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health agency, law enforcement, or other appropriate agency; Attachment 1 210 SUBJECT DRUG-FREE WORKPLACE POLICY NUMBER 100-5 EFFECTIVE DATE 8-8-89 PAGE 3 of 3 G. Making a good faith effort to maintain a drug -free workplace through implementation of subparagraphs 1 A through 1 F, inclusive. 2. Contractor and/or sub-grantee shall be deemed to be in violation of this Policy if the City of Costa Mesa determines that: a. Contractor and/or sub-grantee has made a false certification under paragraph 1 above; b. Contractor and/or sub-grantee has violated the certification by failing to carry out the requirements of subparagraphs 1 A through 1 G above; c. Such number of employees of Contractor and/or sub -grantee have been convicted of violations of criminal drug statutes for violations occurring in the workpla ce as to indicate that the contractor and/or sub -grantee has failed to make a good faith effort to provide a drug-free workplace. 3. Should any contractor and/or sub -grantee be deemed to be in violation of this Policy pursuant to the provisions of 2 A, B, and C, a suspension, termination or debarment proceeding subject to applicable Federal, State, and local laws shall be conducted. Upon issuance of any final decision under this section requiring debarment of a contractor and/or sub-grantee, the contracto r and/or sub-grantee shall be ineligible for award of any contract, agreement or grant from the City of Costa Mesa for a period specified in the decision, not to exceed five (5) years. Upon issuance of any final decision recommending against debarment of the contractor and/or sub-grantee, the contractor and/or sub-grantee shall be eligible for compensation as provided by law. Attachment 1 211