HomeMy WebLinkAbout06 - NB-1 - Street and Storm Drain Maintenance Servi - 10/2/2012CITY COUNCIL AGENDA REPORT
MEETING DATE: OCTOBER 2, 2012
SUBJECT: STREET AND STORM DRAIN MAINTENANCE SERVICES
DATE: SEPTEMBER 6, 2012
FROM: PUBLIC SERVICES DEPARTMENT
ITEM NUMBER:
PRESENTATION BY: ERNESTO MUNOZ, PUBLIC SERVICES DIRECTOR
BOBBY YOUNG, FINANCE/IT DIRECTOR
KIMBERLY HALL BARLOW, SPECIAL COUNSEL
FOR FURTHER INFORMATION CONTACT: ERNESTO MUNOZ, PUBLIC SERVICES
DIRECTOR, (714) 754-5343
RECOMMENDATION:
Staff recommends that the City Council:
1. Receive and file this report; and
2. Authorize, staff to rescind the layoff notices. for'five (5) positions to be retained in
the Street and 'Sto'rm Drain Maintenance Section of the Maintenance Se rvices
Division.
BACKGROUND:
In accordance with Council Policy 100-6, a Street and Storm Drain Maintenance
Services Contracting Committee was formed to evaluate the potential for contracting of
on-going City services. On September 7, 2011, the Committee met to discuss the duties
and responsibilities of the Street and Storm Drain Maintenance Services Program and
to determine "available alternatives for service delivery." The alternatives included:
• Retain existing service level at existing cost.
• Retain existing service level at a lower cost by reorganization.
• Lower level of service at lesser cost.
• Eliminate some or all of the services provided to the City and Community.
• Contract with a private provider.
• Contract with another public entity.
On September 14, 2011 and September 20, 2011, the Contracting Committee met to
discuss, clarify, and finalize the alternatives/options and 'the draft Notice Inviting Bids.
Based on a detailed review of all alternatives, the Committee concluded that the most
viable alternative is to retain the existing service level, but at a lower cost through
reorganization, or contracting with either a public entity or a private company. In order to
evaluate the Street and Storm Drain Maintenance service delivery options, staff
prepared a draft Request for Bids, which was reviewed and finalized by the Contracting
Committee.
At the regular City Council meeting of September 26, 2011, the various altematives for
Street and Storm Drain Maintenance services were presented to the City Council. The
Council directed staff to release the Notice Inviting Bids. On April 12, 2012, the Notice
Inviting Bids for Street and Storm Drain Maintenance Services was released
(Attachment 1) with a bid due date of May 10, 2012. No bids were received in response
to the City's solicitation for bids.
ANALYSIS:
Review of Current Services
The City maintains approximately 525 lane miles of streets, 544 miles of sidewalks, 14
miles of City alleys, and miscellaneous easements. In addition, the City is responsible
for maintaining 42 miles of storm drain infrastructure, and 1,165 catch basins.
The City currently provides these services through a combination of in-house staff and
contract services or a "blended approach". In Fiscal Year 2011-12, the in-house staff
included a total of eight (8) full-time employees (6.25 in Streets and 1.75 in Storm
Drains). The City currently contracts for the following services: sidewalk grinding,
spraying of herbicides, sidewalk cleaning, major street rehabilitation, and construction
of the annual Parkway Maintenance and Alley Improvement programs. The crew of
eight (8) full-time staff provided the following services: localized pavement removal and
replacement, minor asphalt overlays, pot -hole repair, removal of discarded debris and
large items" from the public right-of-way, minor concrete replacement, construction and
maintenance of walking trails, emergency parkway concrete removal and
replacements, manhole ring and riser repair and replacement, storm drain system and
debris screen maintenance, coordination of hazardous material removal from the public
right-of-way, and residential street rehabilitation. However, due to the lack of proposals
received in response to -the City's Notice Inviting Bids for these services, Management
staff in coordination with the Contracting Committee, discussed the possibility of
reorganizing the section to realize savings and efficiencies in the delivery of these
services.
Reorganization of the Street and Storm Drain Maintenance Section
The Contracting Committee assessed the current operations and staffing levels for the
Street and Storm Drain Maintenance Section and determined that savings could be
realized by reorganizing the section and eliminating one of its functions. Given the City
Council's increased commitment to the City's Street Maintenance Program and plans
for future increased investment in pavement maintenance Citywide, it was
recommended that the Street and Storm Drain Maintenance Section be reorganized to
eliminate its residential paVing component. The 'reorganization resulted 'in the
elimination of three (3) full-time positions and redistribution of existing responsibilities
among the remaining staff in accordance with their skill and functional levels. The
reorganization did not result in layoffs as personnel displaced by the reorganization
were moved to fill vacancies in the Maintenance Services Division. The reorganization
retained five (5) full-time positions: one (1) Assistant Street Superintendent, (1) Lead
Maintenance Worker, and (3) Senior Maintenance Workers. Management evaluated
2
the remaining responsibilities to ensure that the reduced staffing, in combination with
the currently outsourced services in this area, would continue to provide a high level of
services in this critical maintenance area for the City. In addition to the need for
reducing costs and enhancing the level of maintenance to the streets, alleys, and
parkways, a primary concern to Management was the ability to provide an adequate
"Maintenance of Effort" by the City as required by the Measure "M2" ordinance to
maintain the City's eligibility for Measure "M2" grant revenue to support these
maintenance activities.
Additional Services
Currently, City staff provides a high level of customer service and addresses
emergencies and complaints promptly and efficiently. The Street Maintenance crew
also provides the bulk of personnel available for the City's after-hours Emergency
Standby Program. This program responds to any emergency involving City facilities,
streets, alleys, vehicles, or in support of the Police and Fire Departments, as well as
outside agencies as appropriate. This program has proven to be extremely valuable to
the City in emergencies involving the public right-of-way and during large storms as this
crew is deployed to provide resident assistance in flood -prone areas of the City. The
response is generally provided within minutes as the majority of -the crew resides in
Costa Mesa and has significant institutional knowledge that allows them to quickly
locate and address the emergency. This crew is intimately familiar with the location and
characteristics of the City's 42 miles of storm drain infrastructure, the 1,165 catch
basins, and the City's "drainage hot spots."
The reorganization of the Street and Storm Drain Maintenance function will result in a
higher level of service in the section's remaining areas of responsibility. Most notably,
the increase in response in the areas of large item pick-up from the public right -cif- way,
including alleyways and easements, and the increased attention to pothole and
patching repairs. These two areas are critical to reducing blight -associated debris and
abandoned large items in the right-of-way, and reducing street maintenance costs by
preventing the propagation of street disrepair, respectively.
The City conducted a survey of cities in Orange County to assess how these services
are generally provided and according to the survey results, 18 out of the 27 cities that
responded, including Costa Mesa, indicated that they provide street and storm drain
maintenance services to their communities either by in-house staff, or through a
"blended approach" (combination of in-house staff and contracted services). These
cities are listed in Attachment 3.
FISCAL REVIEW:
The City effected the reorganization of the Street and Storm Drain Maintenance'Sectiion
through: the City Council's adoption of the Fiscal Year 2012-13 Budget for Street and
Storm Drain Maintenance Services. The adopted 2012-13 budget for the Street and
Storm Drain Maintenance Program is $938,602 and includes the section reorganization.
This figure reflects an annual savings from the prior fiscal year of $624,912 due to
reorganization and elimination of staffing and materials. This equals a savings of
approximately 40%. Over a five-year period, the savings is estimated to -be $3,124,560.
This calculation excludes potential cost -of -living increases on service contracts and
3
excludes potential increases in costs related to PERS or other City -employee cost
increases.
The anticipated savings may be allocated toward the City's General Fund to fund other
programs, or added to the City's increased General Fund revenue allocation toward
street maintenance citywide.
ALTERNATIVES CONSIDERED:
The City Council may decide not to accept staffs recommendation and opt to reopen
the Request for Bids for the Street and Storm Drain Maintenance Services.
LEGAL REVIEW:
The City is under a preliminary injunction, which prevents the City from contracting out
services currently being performed by Members of the Costa Mesa City Employees'
Association. The preliminary injunctiondoesnot affect the reorganization in the Street
and Storm Drain Maintenance Section as no personnel layoffs were required to
implement it.
CONCLUSION:
At the September 26, 2011 City Council meeting, Council directed staff to release a
Request for Bids for the Street and Storm Drain Maintenance Services; however, no
bids were received.
Based on a thorough evaluation of the current operation of the Street and Storm Drain
Maintenance Section in the Maintenance Services Division, the Contracting Committee
determined that savings could be realized by reorganizing the section and eliminating
one of its functions. The proposed reorganization was effected through the adoption of
the City's Fiscal Year 2012-13 Budget and resulted in savings of $624,912 to the City's
General Fund.
Staff recommends that the City Council receive and file this report on the reorganization
of the Street and Storm Drain Maintenance Section of the Maintenance Services Division
of the Public Services Department, and authorize staff to rescind layoff notices for the five
(5) full-time positions to be retained.
ERNE Sr MUNOZ
em
P ervices Director
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BOBBY YOUNG -
Finance & I.T. Director.
Aq KIMBEV HALL BARLOW
Special Counsel
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ATTACHMENTS: I Notice Inviting Bids
2 Public Notice
3 Orange County Cities Survey
DISTRIBUTION: Chief Executive Officer
Assistant Chief Executive Officer
City Attorney
Finance & I.T. Director
City Clerk Division
Maintenance Services Manager
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ATTACHMENT 1
NOTICE TO BIDDERS, PROPOSAL, CONTRACT AND SPECIAL PROVISIONS
FOR
COMPREHENSIVE STREET, STORM DRAIN
AND PUBLIC RICHT-OF-WAY MAINTENANCE
CITY PROJECT NO. 12-07
OFFICE OF THE CEO
CITY OF COSTA MESA
Released on May 1, 2012
The referenced document has been modified as per the attached Amendment No. 2
Please sign this Amendment where designated and return the executed copy with
submission of your proposal. This amendment is hereby made part of the referenced
proposal as through fully set forth therein. Any questions regarding this amendment
should be addressed to Kim Wilson, email kimberly.wilsonAci.costa-mesa.ca.us.
PROPOSAL
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 COMPREHENSIVE
STREET, STORM DRAIN AND PUBLIC RIGHT-OF-WAY MAINTENANCE
SERVICES, CITY Project No. 12-07, 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 to perform and
complete the work WITHIN three (3) years, as per the attached agreement 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 therefore, in the manner and time herein
prescribed at the following prices, to wit:
BID SCHEDULE
This request for bid will be governed by the following schedule:
Notice Inviting Bids Advertised
Pre -Bid Meeting
Deadline for Written Questions
Responses to Questions Posted on Web
Bids are Due
Bid Evaluation Completed
Approval of Contract
All dates are subject to change at the discretion of the City
April 12, 2012
April 18, 2012 @ 10:30am
April 20, 2012 @ 2pm
May 1, 2012
May May10,2012@1
May 23, 2012
TBA
F
NOTICE TO BIDDERS, PROPOSAL, CONTRACT AND SPECIAL PROVISIONS
FOR
COMPREHENSIVE STREET, STORM DRAIN
AND PUBLIC RIGHT-OF-WAY MAINTENANCE
CITY PROJECT NO. 12-07
OFFICE OF THE CEO
CITY OF COSTA MESA
Released on April 17, 2012
The referenced document has been modified as per the attached Amendment No. 1
Please sign this Amendment where designated and return the executed copy with
submission of your proposal. This amendment is hereby made part of the referenced
proposal as through fully set forth therein. Any questions regarding this amendment
should be addressed to Kim Wilson, email kimberly.wilsonnir ei.costa-mesa.ca.us.
0
PROPOSAL
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 COMPREHENSIVE
STREET, STORM DRAIN AND PUBLIC RIGHT-OF-WAY MAINTENANCE
SERVICES, CITY Project No. 12-07, 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 to perform and
complete the work WITHIN three (3) years, as per the attached agreement 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 therefore, in the manner and time herein
prescribed at the following prices, to wit:
BID SCHEDULE
This request for bid will be governed by the following schedule:
Notice Inviting Bids Advertised
Pre -Bid Meeting
Deadline for Written Questions
Responses to Questions Posted on Web
Bids are Due
Bid Evaluation Completed
Approval of Contract
All dates are subject to change at the discretion of the City
April 12, 2012
April 18, 2012 a@ 10:30am
April 20, 2012 a@ 2pm
April 27, 2012
May 4, 2012 @ IOam
May 11, 2012
TBA
PART 3
C. SPECIAL PROVISIONS — TECHNICAL SPECIFICATIONS
CONTRACTOR RESPONSIBILITIES - ASPHALT REPAIR, REHABILITATION &
MISCELLANEOUS RIGHT-OF-WAY MAINTENANCE
4-1 VEGETATION MANAGEMENT & RODENT CONTROL SERVICES
4-1.2 SCOPE OF WORK
The Contractor shall supply all labor, materials; including pesticides (herbicides, insecticides,
rodenticides or other pest control materials) required for this contract.
The Contractor shall provide a complete vegetation management and rodent control program
including but not limited to the oversight, labor, tools and equipment necessary for the safe, legal
application of E.P.A. registered materials to control vegetation (weeds) and rodents in the public
rights-of-way within the City of Costa Mesa.
The Contractor shall provide to the City Representative prior to any application of materials, a
complete, current, Material Safety Data Sheet (MSDS) for all hazardous substances as required
by labor code sections 6832 and 6390, General Industrial Safety Order Section 5194 and Title 8,
California Administrative Code.
Some or all of the work specified herein is currently Rerformed under contract. TheCitv
reserves the rip—ht_to include or exclude this work from a contract in its sole discretion.
Locations
See Exhibit A.
4-2.1 WEED ABATEMENT AND DEBRIS REMOVAL SPECIFICATIONS
The work to be done shall consist of destroying weeds, wild grass, and poisonous or noxious
plants and removing rubbish (including but not limited to scrap metals, junk, disassembled parts
of automobiles or machinery, furniture, mattresses, tires, concrete, asphalt, bricks or other
construction or demolition materials, debris, litter, cardboard, metal cans, glass, cut brush, dead
trees, tree limbs and similar materials), garbage, (including but not limited to animal matter
including feces, fruit or vegetable matter) and trimming trees and bushes from alleys designated
by the City Representative.
Discovery of hazardous waste or hazardous materials shall be reported to the City
Representative.
All work, which is determined by the City Representative to be defective or deficient in any of
the requirements of the specifications, shall be remedied by the Contractor at his expense in a
manner acceptable to the City Representative.
The Contractor is required to complete the "Equipment Listing" form and include it with the
proposal. Minimum equipment is listed below.
Contractor shall complete work within the time period set forth as follows:
Contractor shall have the ability to clean alleys at the rate of no less than 18,000 square feet per
day excluding any unforeseen circumstances that may cause work to be delayed provided that
this amount of work is available.
Work shall be completed in the same order in which issued by the City Representative; i.e. no
invoice will be paid for any of the cleaning of any alley until all previous alleys have been
completely cleaned. All invoices shall be submitted within fourteen (14) days of completion of
work.
The Contractor shall perform all work necessary to complete the provisions of this contract in a
satisfactory manner unless otherwise provided. The Contractor shall furnish all equipment, tools,
materials, supplies and labor necessary to complete the work and dispose of all debris generated
in conjunction with the work.
All City owned alleys as shown in Exhibits A and B, for weed abatement and alley cleaning,
shall be thoroughly cleaned of all weeds, grass, noxious growth, trash, rubbish and garbage and
furniture in the following manner.
All City owned alleys, lots, easements, right-of-way to be cleaned shall be cleaned to the
property line or right-of-way limit as directed by the City Representative. All weeds, grasses, or
noxious growths along fences, buildings, in corners or along edges of parcels shall be mowed or
cut by hand-held implements to not more than two (2) inches above the ground.
EXHIBIT NT1T[T ED.
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All other provisions of the invitation of this proposal shall remain in their entirety.
Vendors hereby acknowledge receipt and understanding of the above Amendment
Signature Date
Company Name
Typed Name and Title
Address
Project and Specifications No. 12-07
CITY OF COSTA MESA
ORANGE COUNTY, CALIFORNIA
NOTICE TO BIDDERS, PROPOSAL, CONTRACT AND SPECIAL
PROVISIONS
FOR
COMPREHENSIVE STREET, STORM DRAIN
AND PUBLIC RIGHT-OF-WAY MAINTENANCE
CITY PROJECT NO. 12.47
Dated: April 12, 2012
A
TABLE OF CONTENTS
Project and Specifications No. 12-07
PAGE NUMBER
NOTICEINVITING BIDS...........................................................................................N-1
IvFou",4mov•- tt
PROPOSAL . •
STANDARD SPECIFICATIONS.....................................................................................1
PART 1 -GENERAL PROVISIONS...........................................................................................1
PART 2 - SPECIAL PROVISIONS/PUBLIC WORKS PROVISIONS ............................... 13
PART 3 - SPECIAL PROVISIONS/ SPECIFICATIONS................................................ 20
MISCELLANEOUS CONTRACT DOCUMENTS (SAMPLE)
1 AGREEMENT (SAMPLE)...................................................................19 PAGES
2 COUNCIL POLICY.............................................................................D-1 - D-3
3 INSURANCE (SAMPLE).......................................................................4 PAGES
4 BONDS............................................................................................. 2 PAGES
5 PERMIT APPLICATION.........................................................................1 PAGE
6 APPLICATION FOR BUSINESS LICENSE................................................1 PAGE
14
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XX ........ . . . . ... ........ .. - .........
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Project and Specifications No. 12-07
CITY OF COSTA MESA
ORANGE COUNTY, CALIFORNIA
NOTICE INVITING BIDS
NOTICE IS HEREBY GIVEN that sealed proposals for furnishing all labor, materials,
equipment, transportation and such other facilities as may be required for COMPREHENSIVE
STREET, STORM DRAIN AND PUBLIC RIGHT-OF-WAY MAINTENANCE SERVICES, CITY
PROJECT NO. 12-07, will be received by the City of Costa Mesa at the Office of the City Clerk, 77
Fair Drive, Costa Mesa, California, until the hour of 10:00 a.m., May 4.2012, at which time they will
be opened publicly and read aloud in the Council Chambers. Sealed proposals shall bearthe title of
the work and name of the bidder but no other distinguishing marks. Any bid received after the
scheduled closing time for the receipt of bids shall be returned to bidder unopened. It shall be the
sole responsibility of the bidder to see that his bid is received in proper time.
Each bid shall be made on the Proposal form, sheets P-1 through P -9a provided in the
contract documents, and shall be accompanied by a certified or cashiers check or a bid bond for
not less than 10% of the amount of their bid, made payable to the City of Costa Mesa. No proposal
shall be considered unless accompanied by such cashiers check, cash, or bidder's bond.
No bid shall be considered unless it is made on a blank form furnished by the City of Costa
Mesa and is made in accordance with the provisions of the Proposal requirements.
Each bidder must have a (General Engineering) contractor's license at the time of contract
award. All subcontractors shall be properly licensed by the State of California to perform
specialized trades.
A Contractor using a craft or classification not shown on the General Prevailing Wage
Determinations may be required to pay the wage rate of that craft or classification most closely
related to it as shown in the General Determinations effective at the time of the call for bids.
This is a Public Works Contract. In accordance with section 1720 et seq. of the Labor Code,
the general prevailing wage rates as established by the Director of the California Department of
Industrial Relations will apply. The prevailing wage rates established by the State Director of
Industrial Relations can be viewed at the City's offices, are available on the State of California's
website at hftp://www.dir.ca.gov/ or can be obtained by mail addressed to: Prevailing Wage Unit,
Division of Labor Statistics and Research, Department of Industrial Relations, P.O. Box 603, San
Francisco, CA 94101.
Pursuant to California Civil Code Section 3247, the successful bidder shall furnish a
payment bond if civil work exceeds twenty-five thousand dollars ($25,000).
Pursuant to Public Contract Code Section 22300, the successful bidder may submit certain
securities in lieu of the City withholding retention of payments.
The City Council of the City of Costa Mesa reserves the right to reject any or all bids.
Dated: April 12, 2012
CHRISTINE CORDON
Acting Deputy City Clerk,
City of Costa Mesa
N-1 I S
Project and Specifications No. 12-07
INFORMATION FOR BIDDERS
1. PREPARATION OF BID FORM: The City invites bids on the form attached to be submitted
at such time and place as is stated in the Notice Inviting Bids. All blanks in the bid form
must be appropriately filled in. All bids shall be submitted in sealed envelopes bearing on
the outside the name of the bidder, his address, and the name of the project for which the
bid is submitted. 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
returned to the bidder unopened.
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 fumished with the bid form.
3. BID SECURITY: Each bid shall be accompanied by either cash, cashier's check made
payable to the City, a certified check made payable to the City, or a bidders 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. The bid security shall be given as a guarantee that the
bidder shall execute the contract if it be awarded to him in conformity with the Contract
Documents and shall provide the surety bond or bonds as specified -therein within fourteen
(14) days after a written Notice of Intent to Award Contract is deposited in the mail.
4. NON -COLLUSION AFFIDAVIT: Each bid shall be accompanied by a notarized Non-
collusion Affidavit on a form which is included in the Contract Documents.
5. SIGNATURE: The bid must be signed in the name of the bidder and must bear the
signature in longhand of the person or persons duly authorized to sign the bid on behalf of
the bidder.
6. ERASURES: The bid submitted must not contain any erasures, interlineations, or other
corrections unless each such correction is suitably authenticated by affixing in the margin
immediately opposite the correction the surname or surnames of the person or persons
signing the bid.
7. 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 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.
8. 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.
9. AWARD OF CONTRACT: The CITY reserves, in its sole discretion, the tight to reject any
and all Proposals and to waive any informalities and irregularities in Proposals received,
other provisions in the Contract Documents notwithstanding.
B-1 I a
Project and Specifications No. 12-07
The Proposals will be compared on the basis of the Grand Total Bid Price which is the
sum of the lump sum bid items and, for unit price items, the sum of the products of the
Engineer's Estimate of quantities shown in the Proposal multiplied by the unit bid price. In
the event of a discrepancy between the unit bid price and the extension price, the unit
price shall govern and the mathematical error corrected accordingly. Any mathematical
errors that appear on the face of the bid will be corrected by the City and the City will use
the mathematically correct Grand Total Bid Price to determine the lowest monetary bidder.
The award of the Contract, if it be awarded, will be made to the lowest responsible,
responsive bidder.
In addition, the CITY reserves, in its sole discretion, the right to award the Contract for all
or some of the bid items included in the Bid Schedule. The CITY may eliminate some of
the bid items prior to or after award of the Contract due to budgetary constraints.
10. BID PROTESTS: The CITY will consider written bid protests subject to the following
procedures. All protests must clearly specify in writing the grounds and evidence on which
the protest is based. Protests based upon restrictive specifications or alleged improprieties
in the bidding procedure which are apparent or reasonably should have been discovered
prior to the bid opening shall be filed in writing with the CITY, at least five (5) days prior to
bid opening. Protests based upon alleged improprieties that are not apparent or which
could not reasonably have been discovered prior to bid opening shall be submitted in
writing to the CITY, within forty-eight (48) hours from receipt of notice from the Owner
advising of the recommendation for award of contract. Failure to comply with these
requirements may result in rejection of the protest.
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 required number of executed copies of the Agreement, the Performance
Bond, the Payment Bond and the Certificate of Insurance is two. Payment and performance
bonds shall be issued by an admitted surety insurer as defined by the Code of Civil
Procedure Section 995.120.
12. INTERPRETATION OF SPECIFICATIONS AND DOCUMENTS: If any person
contemplating submitting a bid for the proposed contract is in doubt as to the true meaning
of any part of the, specifications, or other Contract Documents, or finds discrepancies in, or
omissions from the drawings and specifications, he may submit to the Engineer a written
request for an interpretation or correction thereof. The person submitting the request will be
responsible for its prompt delivery. Any interpretation or correction of the 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.
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.
B-2 1
Project and Specifications No.12-07
14. 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 of responsibility, including financial resources, as well as the
trustworthiness, quality, fitness, capacity, and experience to satisfactorily perform the
contract.
15. BID DEPOSIT RETURN: Deposits of three of more low bidders, the number being at the
discretion of the City, will be held for sixty days or until posting by the successful bidder of
the Bonds and Certificates of Insurance required and return of executed copies of the
Agreement, whichever first occurs, at which time the deposits will be returned.
16. FORFEITURE FOR FAILURE TO POST SECURITY AND EXECUTE AGREEMENT: In the
event the successful bidder 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 contract award, the City may declare the bidders bid deposit or bond forfeited as
damages and may give Notice of Intent to Award Contract to the next lowest responsible
bidder, or may call for new bids.
17. 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.
18. 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.
19. DISCLOSURE: Bidder shall disclose any and all pastor current business and/or personal
relationships with any current City of Costa Mesa elected official, appointed official, City
employee, or family member of any current Costa Mesa elected official, appointed official,
or City employee. Any past or current business relationship may not disqualify the firm from
consideration.
B-3 i�
PROPOSAL
The Honorable City Council
City of Costa Mesa
77 Fair Drive
Costa Mesa, CA 92626
Dear Council Members:
Project and Specifications No. 12-07
In compliance with the NOTICE INVITING BIDS FOR COMPREHENSIVE STREET,
STORM DRAIN AND PUBLIC RIGHT-OF-WAY MAINTENANCE SERVICES, CITY
Project No. 12-07, 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 to perform and complete the work WITHIN -three (3) years, as per the
attached agreement 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 therefore, in the manner and time herein prescribed at the following
prices, to wit:
BID SCHEDULE
This request for bid will be governed by the following schedule:
Notice Inviting Bids Advertised
Pre -Bid Meeting
Deadline for Written Questions
Responses to Questions Posted on Web
Bids are Due
Bid Evaluation Completed
Approval of Contract
April 12, 2012
April 18, 2012 @ 1 Oarn
April 20, 2012 @ 2pm
April 27,2012
May 4, 2012 @ 1 Oam
May 11, 2012
TBA
P-1 11
Project and Specifications No. 12-07
PROPOSAL SCHEDULE
DEBRIS PICKUP & EMERGENCY RESPONSE
CONTRACT SERVICES BID PRICING LIST
Unless specified with options, bid pricing should be submitted on an annual basis, based on
estimated quantities. Approved work completed in excess of the 'estimated quantities' will be
compensated at the same rate as entered in Price/Unit by Bidder.
Description of Work
2gHy removal and disposal of large
and small debris dumped on City
property or rights-of-way per
specification
Appliances (white goods)
Electronic Waste
Shopping Cart Removal Program
Hazardous Material (small) Response
Repair & Maintain Minor Facilities in
Rights -of -Way — Labor Only Per
Crew/Hour
Lane Closures — Requested by City
(not in conjunction with other work
specified)
Total Bid Amount
Est. Oty Billing Unit Price/Unit Extension
1500 Cu. Yd.
450
EA.
150
EA.
$ $
350
EA.
$ $
40
EA.
$ $
200 CHR.
25 EA. $
BID ITEM UNITS FOR AS -NEEDED SERVICES
EMERGENCY CALL OUT CHARGE UNIT UNIT PRICE
Rate for Normal Hours, Monday -Friday, per call
8:00 a.m. —4:30 p.m. $
After Normal Business Hours per call $
Saturday, Sundays & Holidays per call $
P -1a
L
Project and Specifications No. 12-07
PROPOSAL SCHEDULE
(CONTINUE)
VEGETATION MANAGEMENT & RODENT CONTROL SERVICES
PESTICIDE APPLICATION
Hourly Labor Rate
Estimated Hours per month
Monthly Total
Annual
Total
-Hourly
Alleys
Sq. Ft.
131
RODENT CONTROL
Labor Rate
Estimated Hours per month
Monthly Total
Annual
Total
-Hourly
Alleys
Sq. Ft.
131
DEBRIS ABATEMENT
Labor Rate
Estimated Hours per month
Monthly Total
Annual
Total
-Hourly
Alleys
Sq. Ft.
131
SECTION I - Abate weeds in alley and lots by hand including edging
Bid No:
Item
Unit
Quantity Unit Price Total
1
Alleys
Sq. Ft.
131
2
Easements and Lots
Sq. Ft.
69
3
Miscellaneous
Sq. Ft.
18
SECTION 11 - Spraying of herbicide in alley, lots, easements and right of ways
Bid No: Item
4 Alleys
5 Easements and Lots
6 Right of ways and curb line
Unit
Quantity
Sq. Ft.
131
Ln. Ft.
69
Sq. Ft.
12
101119
Unit Price Total
�k
. . .. ............
......... ........ ... .. .... ..... .................
Project and Specifications No. 12-07
SECTION 11 REFERENCED BID ITEMS
Bid No: Item
Unit
1 Miscellaneous Hand Work
Sq. Ft.
2 Trimming of Bushes and Trees
Cu. Ft.
3 Removal & Hauling of Rubbish
and Garbage From Lots to
Disposal Site Except Items
designated in Line #4
Cu. Yd.
a. 1 to 20 cubic yards
b. 21 cubic yards and above
Cu. Yd.
4 Removal and Hauling of Concrete,
Cu. Yd.
Asphalt, Blocks, Bricks, Rock
and/or Dirt.
Quantity Unit Price Total
1,505,000
450,000
1050
4300
400
All alleys lots and easements listed in Exhibit "A" will be subject to pest, weed, debris and rodent
control as determined by the City of Costa Mesa.
All locations listed within the Service Areas are to be inspected weekly for the application of pest
and weed control; furniture debris removals in alleyways and lots should be scheduled daily.
PAC
0
..... .. xx"
Project and Specifications No.12-07
PROPOSAL SCHEDULE
(CONTINUE)
PRICING FOR ASPHALT REPAIR, REHABILITATION & MISCELLANEOUS RIGHT-OF-WAY
MAINTENANCE
NOTE:
Item numbers 1 through 8 are for 15 residential
street repaving projects at various
locations within the City.
Item #
Bid Item
Unit
Estimated Quantity
Unit Price
Amount
1
Unclassified Excavation
CY
600
$0.00
$0.00
2
Cold Milling (0 - 2") on 15 street
SF
465,000
$0.00
$0.00
paving jobs
3
Cold Milling (0 - 4") - Roadway
SF
2000
$0.00
$0.00
Hazards and Surface Grinds
4
Crack sealing (in conjunction with
LF
20,000
$0.00
$0.00
repaving)
5
Asphalt Concrete Pavement leveling
TN
1,100
$0.00
$0.00
course of sheet class (F) asphalt / 15
Streets
6
Asphalt Concrete Pavement / Overlay
TN
4,215
$0.00
$0.00
for 15 Streets
7
Locate and adjust water valve box
EA
60
$0.00
$0.00
frame and cover to grade on local
street per Mesa Consolidated Water
District Standards (in conjunction
with paving job)
8
Locate and adjust manhole frame and
EA
50
$0.00
$0.00
cover to grade per City Std. No. 815
this is not a City standard. (in
conjunction with paving job)
9
Crack sealing various locations
LF
15,000
10
Asphalt Concrete for small patches at
TN
800
$0.00
$0.00
various locations.
11
Large Asphalt Concrete patches
5-10 Tons
TN
500
$0.00
$0.00
10 - 20 Tons
TN
500
$0.00
$0.00
20 - 30 Tons
TN
400
$0.00
$0.00
30 - 40 Tons
TN
300
$0.00
$0.00
40 - 50 Tons
TN
300
$0.00
$0.00
50 -100 Tons
TN.
300
$0.00
$0.00
100 - 500 Tons
TN
200
$0.00
$0.00
500 - 1,000 Tons
TN
0
$0.00
$0.00
12
PCC Curb and Gutter per City Std.
LF
200
$0.00
$0.00
No. 311-312 this is not a City std.
13
Sidewalk Grinding
EA
8,200
$0.00
$0.00
14
Gutter Flow line Grind/Slot-Channel
LF
500
$0.00
$0.00
15
Flatwork - 4" thick PCC Sidewalk, per
SF
5000
$0.00
$0.00
City Std. No. 411/412
P-1 d
a3
Project and Specifications No.12-07
PROPOSAL SCHEDULE
(CONTINUE)
STORM DRAIN MAINTENANCE
PRICING FOR ANNUAL SERVICES
16 Adjust manhole frame and cover per City std. No.815 this is EA 10 $0.00 $0.00
not a City standard various locations ,
17 Remove & replace concrete collar around manhole cover per EA 15 $0.00 $0.00
Std. 815 Need reference for this standard
19 Ramp sidewalk lifts with asphalt various locations EA 600 $0.00 $0.00
Unless specified with options, bid pricing should be submitted on a "per location" basis.
Description of Work Est. Qty Billing Unit Price/Unit Extension
Inspect, clean and remove debris from 1195 EA
catch basins and service inlets two $ $
times per year
Repair and maintain environmental 100 EA
catch basin inlets screens $ $
EA
Spill clean-up 50 $ $
Total Annual Bid Amount $
PRICING FOR AS -NEEDED VACUUM TRUCK/CREW SERVICES
EMERGENCY CALL OUT CHARGE
UNIT
UNIT PRICE
During Normal Business Hours:
per call
$
Monday -Friday: 7:00 a.m. — 4:30 p.m.
per hour
$
After Normal Business Hours
per call
perhour
$
$_
Saturday, Sunday & Holidays
per call
per call
$
$
Spill clean-up & disposal
per call
per hour
$
$
The stated estimates of quantities of work herein are given only as a basis for comparison of
bids. The City does not expressly or by implication agree that the estimated amount of work will
correspond with any class or portion of the actual work.
NOTE: The accuracy of estimated quantities as shown is not guaranteed; the Bidder shall make
his/her own estimate. 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. -rhe unit
price proposed shall remain unmodified for the duration of the contract term.
Bidder's Initials
P -le
PN
PROPOSAL SCHEDULE
(CONTINUE)
(Please Type or Print)
Total Bid Amount (in written words)
Project and Specifications No. 12-07
in figures
Contractor's Lawful Name:
Bidder's Name: Bidder's Initials:
Contractor's License No. Expiration:
Contractor's Taxpayer I.D. Number:
Signature: Date:
Contractor's Address:
Telephone Number. ( )
Area Code
Fax Number: (
Are�o e
24 -Hour Emergency Contacts:
Name
Name
Name
Telephone No.: ( )
Area Uo e
Telephone No.: ( )
Area Code
Telephone No.: ( )
Area Code
Bidder's Initials
P -1f ��
Project and Specifications No. 12-07
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 if the above requirements are not
complied with.
Bidders Initials
P-2 A�
Contractors Business Name
Business Address: Street
City State Zip
Business Phone Number
Name Title
Project and Specifications No. 12-07
Respectfully submitted,
Contractor Title
By Title
Contractor's License No. and Classification
Date
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:
NO -FE: 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
P-3
aq-
Project and Specifications No. 12-07
Bidder shall signify receipt of all Addenda here, if any:
Addendum No. Date Received Bidder's Signature
REFERENCES
In order to more fully evaluate your background and experience for the project herein
proposed, it is requested that you submit a list of similar projects completed, or in progress,
within the last 24 months. Your cooperation in this matter is greatly appreciated.
Agency's Contract
Date Project Awarded Awarding Agency Administrator
Bidder's Initials
P-4 ail �/
Project and Specifications No, 12-07
DESIGNATION OF SUBCONTRACTORS
In compliance with Sections 4100-4114 of the Public Contract Code of the State of
California, and any amendments thereto, each bidder shall set forth below the name,
business address contractor's license number 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 ('/2) of one percent (1 %) of the prime
contractor's total bid or $10,000, whichever is greater, and shall further set forth the portion
of the work which will be done by each such subcontractor. 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 shall be deemed to have agreed to perform such portion himself,
and he 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, shair 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.
Please use additional pages in this format if needed.
PORTION SUBCONTRACTOR'S NAME STATE LICENSE NUMBER
OF WORK AND FULL ADDRESS AND CLASSIFICATION
Bidder's Initials
P-5 aq
Project and Specifications No, 12-07
CITY OF COSTA MESA BIDDERS LIST
All bidders are required to provide the following information for all DBE and non -DBE contractors,
who provided a proposal, bid, quote, or were contacted by the proposed prime. This information is
also required from the proposed prime contractor, and must be submitted with their bid/proposal.
City of Costa Mesa will use this information to maintain and update a "Bidders List' to assist in the
overall annual goal DBE goal setting process. To the extent permitted by law, all information
submitted will be held in confidence.
If Bidders List information is not submitted with the bid, it shall be submitted to the City of Costa
Mesa, Project Administration Division, 77 Fair Drive, Costa Mesa, CA 92626, no later than 4:00
p.m. on the fourth day, not including Saturdays, Sundays and legal holidays, following the bid
opening. Bidders List information sent by U.S. Postal Service certified mail with return receipt and
certificate of mailing and mailed on or before the third day, not including Saturdays, Sundays and
legal holidays, following bid opening will be accepted even if it is received after the fourth day
following bid opening. Failure to submit the required Bidders List information by the time specified
will be grounds for finding the bid or proposal non-responsive.
Firm Name:
Address:
Contact Person:
Phone:
Fax:
No. of years in business:
Is the firm currently certified as a DBE under 49 CFR Part 26? ❑ YES ❑ NO
Type of work/services/materials provided by firm?
What was your firm's Gross Annual receipts for last year?
❑
Less than $1 Million
❑
Less than $5 Million
❑
Less than $10 Million
❑
Less than $15 Million
❑
More than $15 Million
This form can be duplicated if necessary to report all bidders (DBEs and non -DBEs information).
P -5a
10
Project and Specifications No. 12-07
BIDDER'S BOND TO ACCOMPANY PROPOSAL
(Required if the bidder desires to submit bond instead of a certified or cashier's check.)
That we, as
Principal, 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 (City) 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, whereas the Principal has submitted said bid to the City on
20 for the , as specified therein.
NOW THEREFORE, if the Principal is awarded a contract by the City and, within the
time and in the manner required by the Specifications, enters into a contract with the City
and furnishes the requisite insurance certificates, bonds, or other contract documents, then
this obligation shall become null and void; otherwise to remain in full force and effect.
In the event suit is brought upon this bond by the City and judgment is recovered,
the Surety shall pay all costs incurred by the City in such suit, including reasonable
attorney's fees to be fixed by the court.
IN WITNESS WHEREOF:
We hereunto set our hands and seals this day of 20.
(Note: Signature of person executing for
Surety must be notarized and evidence of
power of attorney attached)
IMM -R •-
i
By:
Surety:
By: _
W
Attomey-In-Fact
31
Project and Specifications No. 12-07
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.
P-7
)od
3D,
NON -COLLUSION AFFIDAVIT
TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID
(in accordance with California Public Contract Code Section 7106)
Project Title:
State of California
)ss.
County of
being first duly sworn, deposes and says that he or she is
Of
(sole owner, a of partner, president, secretary, etc.)
the party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any
undisclosed person, partnership, company, association, organization, or corporation; that the bid is
genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited
any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired,
connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain
from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement,
communication, or conference with anyone to fix the bid price of the bidder or any other.bidder, or to
fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure
any advantage against the public body awarding the contract or anyone interested in the proposed
contract; that all statements contained in the bid are true; and, further, that the bidder has not,
directly, or indirectly, submitted his or her bid price or any breakdown thereof, or the contents
thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any
corporation, partnership, company, association, organization, bid depository, or to any member or
agent thereof to effectuate a collusive or sham bid.
Signature of Representative of Bidder
Subscribed and sworn to before me,
a Notary Public in and for the
State of California, County of
, this — day of
,20—.
Signature of Notary Public
My commission expires 20—.
(Seal)
P-8
33
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.
CONTRACTOR
COMPANY NAME
Bidder's Initials
P-9
2 ��
....... .... .... ..... ........... . . .... ........................... ............ ............ ..... ........ ....... .............. . .
.... ..... ........ .................. . ... ...... ........ . ..........
....................... ...... ..... . .. . .. X, .
: .... ............
...... ............... ......... ... .........
.......... .. . .. .. ...... . . ... . .. .... . .... . �'. . . .. , ..,: . . .: . . ....
.......... .... .. .. . .. . . .....
.............
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 Attachment No. 1 in the
Project Specifications.
Bidders Initials
P -9a
cel
PART I
A: STANDARD SPECIFICATIONS
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.
Where specified in these specifications, the California Building Code, 2007 Edition, based
on the 2006 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.
B: GENERAL PROVISIONS
The following additions are made to the "Standard Specifications." If there is a conflict
between the "Standard Specifications" and these additions, these additions shall have first
precedence.
1-2 DEFINITIONS
The City of Costa Mesa, California, hereinafter
(a) AGENCY referred to as "CITY."
(b) BOARD The City Council of the City of Costa Mesa,
California, hereinafter referred to as 'BOARD."
(c) CONTRACT Documents including but not limited to the following:
DOCUMENTS The proposal form P-1 through P -9a, 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) CITY REPRESENTATIVE, The administrating officer of the City of Costa Mesa
PROJECT MANAGER OR or his authorized representative hereinafter referred
ENGINEER to as CITY REPRESENTATIVE, PROJECT
MANAGER OR 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
36
representative, hereinafter referred to as BIDDER.
(f) LEGAL ADDRESS OF The legal address of the Contractor shall be the
CONTRACTOR 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
O.C.E.M.A.
O.C.F.C.D.
2-1.1 AWARD OF CONTRACT
State of California, Department of Transportation,
Division of Highways
Orange County Environmental Management Agency
Orange County Flood Control District
The award of contract, if awarded, will be to the lowest responsible bidder, as defined in
Public Contract Code 1103, whose proposal complies with all requirements of the Notice
Inviting Bids and Section 2-1.2 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 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.
2-1.2 PROCEDURE FOR PROPOSAL SUBMITTAL
Proposal shall be made and submitted on proposal forms P-1 through P -9a Yes 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 comer.
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
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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.
2-1.3 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, he may make a request to the ENGINEER,
in writing, for an interpretation or correction thereof. 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 his last
address of record. The CITY will not be responsible for any other explanations or
interpretations of the contract documents.
2-1.4 RETURN OF BID SECURITY
Any BIDDER may withdraw his 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.
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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.
2-1.5 EXECUTION OF AGREEMENT
The agreement shall be signed by the successful BIDDER and returned to the CITY prior to
the award of the contract. Failure to comply with insurance and bonding requirements as
specified in -the agreement and in Section 2-1.1 of the 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.
2-2.1 ASSIGNMENT
No contract or portion thereof may be assigned without consent of the BOARD.
2-3.1 SUBCONTRACTS: GENERAL.
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.
2-4 CONTRACT BONDS
The "Faithful Performance Bond" and the "Payment Bond" as specified in this section shall be
for one hundred percent (100%) of the contract price. 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. The Payment bond shall continue in full force and effect until after the
expiration of the time limit established by Civil Code Section 3249.
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.
Copies of the surety's most recent annual statement and quarterly statement filed
with the Department of Insurance pursuant to Article 10 (cornmencing with Section
900) of Chapter 1 of Part 2 of Division 1 of the Insurance Code.
2-5.1 PLANS AND SPECIFICATIONS
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.
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BIDDER shall, at his own expense, obtain copies of the Standard Specifications and
Standard Plans and Specifications of CA6-TRANS, 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.
2-6.1 REMOVAL OF DEFECTIVE AND UNAUTHORIZED WORK
Ali work which is defective in its construction or does not meet all of the requirements of the
plans and/or specifications shall be remedied, or removed and replaced by the Contractor in
an acceptable manner, and no compensation will be allowed for such correction.
Upon failure on the part of the Contractor to comply forthwith with any order of the
ENGINEER made under the provisions of this article, the ENGINEER shall have authority
to cause defective worts to be remedied, or removed and replaced, and unauthorized worts
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.
2-10 AUTHORITY OF BOARD AND ENGINEER
Authority of BOARD and ENGINEER shall conform to Section 2.10 of Standard
Specifications and 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.
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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 therefore.
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 Con -tractor 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.
2-11.1 INSPECTION COSTS
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.
3-1.1 CHANGES IN WORK: GENERAL
ENGINEER shall be the duly authorized officer of the CITY who may grant the changes
prescribed in this section.
3-3.1 EXTRA WORK: GENERAL
Any work done by the Contractor beyond the estimated quantities shown on the Proposal form
(P-1) 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. Extra work performed at the direction of the ENGINEER shall be compensated at the
appropriate Extra Work Unit Prices as shown in the Proposal (P-1).
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3-4 CHANGED CONDITIONS
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.
5-2 UTILITIES: PROTECTION
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 Sections 5 and
306 of the Standard Specifications and the standards of each affected utility. Should the
Contractorfail 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.
6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK
Prior to the commencement of construction, arrangements will be made for a meeting
between the Contractor and the ENGINEER. The purpose of this meeting is to organize the
activities of the Contractor within the limits of this contract, review scheduling, discuss
construction methods and clarify inspection procedures. At this meeting the Contractor will
be required to submit, for approval by the ENGINEER, a complete work schedule showing
the number of working days required to complete the entire project.
6-1.1 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.
6-9 LIQUIDATED DAMAGES
The amount of liquidated damages shall be as delineated in the Special Provisions and
contract agreement.
7-2.4 APPRENTICES
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
him. The Contractor and any subcontractor under him 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, orfrorn the Division of Apprenticeship Standards
and its branch offices.
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7-2.5 HIRING OF CITY EMPLOYEES
In an effort to retain qualified former employees of the City who have been displaced due to
layoff, Contractor will, upon request, interview any interested former employees of the City
who performed jobs similar to those to be performed by Contractors employees and will
not discriminate against any job applicant who was previously employed by the City.
7-3 LIABILITY INSURANCE
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 7.3 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 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:
Additional Insureds
-rhe 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."
"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.
7-5 PERMITS, LICENSES and COMPLIANCE with SOLID WASTE HAULING
All permits and licenses shall be obtained in sufficient time to prevent delays to the work.
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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 will be responsible for complying with the City of Costa Mesa Muncipal
Code Section 8-77 to use a City -permitted hauler for all work performed under this project.
Non-compliance with this requirement shall be subject to an administrative penalty of
$1,000 or 3% of the total project cost, whichever is greater. A Construction Project
Debris/Solid Waste Hauling Compliance Agreement must be submitted by the contractor to
the city on a City -approved form prior to the release of retention monies.
7-6 THE CONTRACTOR'S REPRESENTATIVE
Contractor shall also file with the ENGINEER the addresses and telephone numbers where
he or his 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.
7-8.5 TEMPORARY LIGHT, POWER AND WATER
The Contractor shall provide for his employees an adequate supply of clean, potable
drinking water, which shall be dispensed through approved sanitary facilities. Contractor
shall supply water, electricity or other necessary utilities to complete the work.
7-8.7.1 DRAINAGE CONTROL: RESPONSIBILITIES
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.
7-10 PUBLIC CONVENIENCE AND SAFETY
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. Traffic
control shall also conform with the provision of the latest edition of Work Area Traffic
Control Handbook (WATCH) published by Building News, Inc.
7-10.1 TRAFFIC AND ACCESS
Prior to restricting normal access From a public street to adjacent properties, the Contractor
shall notify each property owner or owners 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.
Trenches left open overnight shall be bridged in a safe and acceptable manner at all
driveways and walkways to provide safe access.
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.
7-13 LAWS TO BE OBSERVED
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 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.
9-3.1.1 PAYMENT GENERAL
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.
9-3.1.2 PRICE INCREASES/DECREASES
No price increases will be permitted during the term of the contract.
9-3.2 PARTIAL AND FINAL PAYMENT
Contractor shall comply with the requirements of Division 2, Part 1, Chapter 7, Section
7107 of the California Public 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.
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
10 ( 45
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.
Before final payment can be made, the CONTRACTOR shall release and waive any and all
claims against the CITY arising from the work under and in connection with the Agreement.
The release will be in a form furnished by the Engineer and shall be accompanied by a
certification by the CONTRACTOR that:
(1) All warranties and guarantees are in full force and effect; and
(2) The release and certification will survive Final Payment.
Final payment will be made within 30 days after approval of the Final Invoice by the
Engineer, submittal of release form by the CONTRACTOR and resolution of all
CONTRACTOR claims whichever is later, and in no event sooner than 65 days after Notice
of Final Acceptance. If an approved Final Invoice has not been submitted within 60 days
after Notice of Final Acceptance, the CITY may elect to make payment of sums not in
dispute without prejudice to the right of either the CITY or the CONTRACTOR in connection
with such disputed sums.
The CITY will withhold sums sufficient to pay all unsettled claims for which stop notices
have been filed pursuant to Section 3179 et seq. of the California Civil Code, together with
the reasonable cost of any litigation thereunder.
The making of final payment shall not operate to release the CONTRACTOR or its sureties
from obligations arising under this Contract, the Contract bonds and warranties as herein
provided. Specifically, the making of final payment shall not constitute a waiver and
release of claims by the CITY arising from
(1) Unsettled or stop notices,
(2) Failure of the work to comply with the requirements of the Contract ,
(3) The terms of any warranties required by or contained in the Contract,
(4) The right to any insurance proceeds or the right to make any insurance or bond claims,
(5) Any claims with respect to CON-rRACTOR's obligation of indemnity with respect to
claims, asserted by third parties, or
(6) Any latent deficiencies with the work or CONTRACTOR's fraud.
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9-3.2a 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 (see PCC Sec. 10262.5) 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. This cause applies to both DBE
and non -DBE subcontractors.
9-3.3 DELIVERED MATERIALS
Materials delivered, but not in place, will not be classed as work done, except as otherwise
provided in these specifications.
PART 2
SPECIAL PROVISIONS/
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PART 2
B: SPECIAL PROVISIONS -PUBLIC WORKS PROVISIONS
1-1 HAZARDOUS CHEMICALS AND WASTES
The CONTRACTOR shall bear full and exclusive responsibility far the release of hazardous
or non -hazardous chemicals or substances which were brought to the site by the
CONTRACTOR during the course of the Work. The CONTRACTOR shall immediately
report any such release to the Engineer. The CONTRACTOR shall be solely responsible
for all claims and expenses associated with the response to, removal and remediation of
the release, including, without limit, payment of any fines or penalties levied against the
CITY by any agency as a result of such release and shall hold harmless, indemnify and
defend the Owner from any claims arising from such release. For purposes of this article
only, the term "claims" shall include:
(1) All notices, orders, directives, administrative or judicial proceedings, fines, penalties,
fees or charges imposed by any governmental agency with jurisdiction, and
(2) Any claim, cause of action, or administrative or judicial proceeding brought against
the CITY, its directors, employees, and agents for any loss, cost (including reasonable
attorney's fees), damage or liability, sustained or suffered by any person or entity, including
the CITY.
If the performance of the work creates any hazardous wastes as a result of a release of
hazardous material brought to the site by the CONTRACTOR, those wastes shall be
properly disposed of according to federal, state and local laws, at the expense of the
CONTRACTOR. The CONTRACTOR shall dispose of the wastes under its own EPA
Generator Number. In no event shall the CITY be identified as the generator. The
CONTRACTOR shall notify the Engineer of any such hazardous wastes and the Engineer
reserves the right to obtain a copy of the results of any tests conducted on the wastes and,
at CITY°s cost, to perform additional tests or examine those wastes, prior to its disposition.
The CONTRACTOR shall hold harmless, indemnify and defend the CITY from any claims
arising from the disposal of the hazardous wastes brought to the site by the
CONTRACTOR, regardless of the absence of negligence or other malfeasance by
CONTRACTOR. CONTRACTOR shall not be deemed the generator of any hazardous
waste except for those brought to the site by the CONTRACTOR. Disposal of all
Hazardous Materials must be performed in accordance with all laws and regulations.
Copies of required regulatory documentation including copies of final manifests shall be
provided to the Engineer.
2-1 PROHIBITION AGAINST CONTRACTING WITH DEBARRED
SUBCONTRACTORS. Contractors are prohibited from performing work on a public
works project with a subcontractor who is ineligible to perform work on the public works
project pursuant to Section 1777.1 or 1777.7 of the Labor Code.
2-1.1 USE OF SUBCONTRACTORS. Contractor shall not subcontract any work to be
performed by it under this Contract without the prior written approval of CITY. Contractor
shall be solely responsible for reimbursing any subcontractors and CITY shall have no
obligation to them. Attention is directed to the requirements of Sections 4100 to 4113,
inclusive, of the California Public Contract Code which are applicable to this Contract. Each
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Contractor shall list the name and business address of each subcontractor to whom the
Contractor proposes to subcontract a portion of the work in an amount in excess of one-half
of one percent (.5%) of the Total Contract Price, along with a description of the portion of
the work which shall be done by each subcontractor, by executing the "List of
Subcontractors" form attached to this Contract.
3-1 PROMPT PAYMENT TO CONTRACTOR. The City will make progress payments within
30 days after receipt of an undisputed and properly submitted progress payment invoice.
Attention is directed to Section 20104.50 of the Public Contract Code. No such payment will
be made when, in the judgment of the Engineer, (a) the work is not proceeding in
accordance with the provisions of the Contract; (b) the Contractor is not complying with the
requirements of the Contract; or (c) when the total value of the work done as shown on the
invoice does not exceed Three Hundred Dollars ($300.00).
No such invoice or payment will be construed to be an acceptance of any work or materials.
Before any progress payment or the final payment is made, the Contractor may be required
to submit satisfactory evidence that he is not delinquent in payments to his employees,
subcontractors, suppliers or other creditors for labor and materials incorporated into the
work.
Pursuant to Public Contract Code Section 20104.50, if the City fails to make a progress
payment in a timely manner, it shall pay interest to the Contractor at the legal rate set forth
in Section 685.010(a) of the California Code of Civil Procedure.
3-1.1 PARTIAL PAYMENTS. CITY will retain 5% of the estimated value of the work done and
5% of the value of materials estimated to have been furnished and delivered and unused, or
furnished and stored as part security for the fulfillment of the Contract by the Contractor.
Any time after fifty percent (50%) of the work has been completed, if CITY finds that
satisfactory progress is being made, it may make any of the remaining progress payments
in full for actual work completed in accordance with Public Contract Code Section 9203.
Pursuant to Public Contract Code Section 22300, the Contractor may elect, in lieu of having
progress payments retained by CITY, to deposit in escrow with CITY, or with a bank
acceptable to CITY, securities eligible for investment under Government Code Section
16430, bank or savings and loan certificates of deposit, interest bearing demand deposit
accounts, standby letters of credit, or any other security mutually agreed to by the
Contractor and CITY. If the Contractor elects to submit securities in lieu of having progress
payments retained by CITY, the Contractor shall, at the request of any subcontractor
performing more than 5% of the Contractor's total bid, make the same option available to
the subcontractor.
4-1 NON -COLLUSION AFFIDAVIT. Pursuant to Public Contract Code section 7106,
Contractor shall execute a Non -Collusion Affidavit, in a form provided by CITY, which is
attached and incorporated herein.
5-1 ASSIGNMENT OF CLAIMS. In entering into a public works contractor a subcontract to
supply goods, services, or materials pursuant to a public works contract, the Contractor or
subcontractor offers and agrees to assign to the awarding body all rights, title, and interest
in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec.
15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of
Division 7 of the Business and Professions Code), arising from purchases of goods,
services, or materials pursuant to the public works contract or the subcontract. This
assignment shall be made and become effective at the time the awarding body tenders final
payment to the Contractor, without further acknowledgement by the parties.
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5-1.1 THIRD -PARTY CLAIMS.
A. Pursuant to Public Contracts Code Section 9201, CITY shall have full authority to
compromise or otherwise settle any claim relating to the Contract at any time.
B. CITY shall provide for timely notification to the Contractor of the receipt of any third -
party claim, relating to the contract. Notice shall be in writing and will be provided
within thirty (30) days.
C. CITY shall be entitled to recover its reasonable costs incurred in providing the
notification required by subdivision (b).
5-1.2 CLAIMS PROCEDURES.
The claims provisions of California Public Contract Code sections 20104-20104.6 shall
apply, which provisions are summarized• below. Any claim submitted by the Contractor
shall be in writing and include the documents necessary to substantiate the claim.
For claims of less than fifty thousand dollars ($50,000), the CITY shall respond in
writing within 45 days of receipt of the claim, or request additional documentation
supporting the claim within 30 days of receipt of the claim. If additional documentation is
requested, CITY will respond in writing to the claim within 15 days of receipt of the
additional documentation, or within a period of time no greater than that taken by the
claimant in producing the additional information, whichever is greater.
For claims of over $50,000 and less than or equal to $375,000, CITY shall respond in
writing within 60 days of receipt of the claim, or request additional documentation
supporting the claim within 30 days of receipt of the claim. If additional documentation is
requested, CITY will respond in writing to the claim within 30 days of receipt of the
additional documentation, or within a period of time no greater than that taken by the
claimant in producing the additional information, whichever is greater.
For claims over $375,000, CITY shall respond in writing within 90 days of receipt of the
claim, or request additional documentation supporting the claim within 45 days of receipt
of the claim. If additional documentation is requested, CITY will respond in writing to the
claim within 30 days of the additional documentation, or within a period of time no greater
than that taken by the claimant in providing the additional information, whichever is
greater.
For claims of any amount, if the Contractor disputes the CITY's response, or the CITY
fails to respond within the time prescribed, the Contractor may demand an informal
conference to meet and confer for settlement of the issues in dispute within 15 days of
the CITY's response or failure to respond. In the event that the meet and confer
conference is unsuccessful, Contractor must file a government claim pursuant to
Government Code section 910 et seq. in order to initiate a civil action. In any civil action
filed to resolve claims for $375,000 or less, the court shall submit the matter to
nonbinding mediation within 60 days following the filing or responsive pleading. If the
matter remains in dispute after nonbinding mediation, the court shall submit the matter to
judicial arbitration pursuant to Code of Civil Procedure section 1141.10 et seq. If the
matter remains in dispute after judicial arbitration, the CITY or the Contractor may
request a trial de novo.
6-1 UTILITY RELOCATION. Pursuant to California Government Code Section 4215, if during
the course of the work the Contractor encounters utility installations which are not shown or
indicated in the contract plans or in the specifications or which are found in a location
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substantially different from that shown, and such utilities are not reasonably apparent from
visual examination of the work site, then it shall promptly notify CITY in writing. Where
necessary for the work of the Contract, CITY will amend the contract to adjust the scope of
work and the compensation to allow the Contractor to make such adjustment,
rearrangement, repair, removal, alteration, or special handling of such utility, including repair
of the damaged utility. If the Contractor fails to give the notice specified above and
thereafter acts without instructions from CITY, then it shall be liable for any or all damage to
such utilities or other work of the Contract which arises from its operations subsequent to
the discovery, and it shall repair and make good such damage at its own cost.
7-1 EXCAVATION. in accordance with state law (Public Contract Code Section 7104), with
respect to any work involving digging trenches or excavations that extend deeperthan four
feet, the Contractor shall notify CITY promptly in writing of any of the following conditions:
(a) material that the Contractor believes may be hazardous waste, as defined in California
Health and Safety Code Section 25117, that is required to be removed to a Class 1, Class 11
or Class III disposal site in accordance with provisions of existing law; (b) subsurface or
latent physical conditions at the site differing from those indicated; (c) unknown physical
conditions at the site of any unusual nature, differing materially from those ordinarily
encountered and generally recognized as inherent in work of the character provided for in
the Contract Documents. Contractor shall notify CITY of such conditions prior to disturbing
them, and shall await direction from CITY as to how to proceed.
8-1 TRENCH SAFETY. For all contracts over $25,000, excavation for any trench 5 feet or
more in depth shall not begin until the Contractor has received approval from CITY, of the
Contractors detailed plan for worker protection from the hazards of caving ground during
the excavation of such trench. Such plan shall be submitted at least 5 days before the
Contractor intends to begin excavation for the trench and shall show the details of the
design of shoring, bracing, sloping or other provisions to be made for worker protection
during such excavation. No such plan shall allow the use of shoring, sloping or a protective
system less effective than that required by the Construction Safety Orders of the Division of
Industrial Safety; and if such plan varies from the shoring system standards established by
the Construction Safety Orders, the plan shall be prepared and signed by an engineer who
is registered as a Civil or Structural Engineer in the State of California. Attention is directed
to the provisions of Section 6705 of the Labor Code concerning trench excavation safety
plans.
9-1 PAYMENT BOND. For all contracts over $25,000, the successful Bidder shall provide a
payment bond in the amount equal to one hundred percent (100%) of the Total Contract
Price and issued by a California admitted surety. The payment bond shall provide CITY
with security for Contractors full payment to all subcontractors for costs of materials,
equipment, supplies, and labor furnished in the course of the performance of the Contract.
Full compensation for furnishing the payment bond is included in the Total Contract Price.
10-1 CONTRACTOR'S LICENSE REQUIREMENTS. Contractor and any approved
subcontractors shall hold such current and valid Contractor's Licenses as required by
California Law.
11 -1 LABOR CODE REQUIREMENTS. In the performance of this Contract, Contractor's
attention is directed to the following requirements of the Labor Code:
Hours of Labor. Eight hours labor constitutes a legal day's work. Contractor shall forfeit, as
penalty to CITY, $25 for each worker employed in the performance of the Contract
by Contractor or by any subcontractor under it for each calendar day during which
such worker is required or permitted to work more than eight hours in any one day
and 40 hours in any one calendar week in violation of the provisions of the California
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Labor Code and in particular, Sections 1810 to 1815, inclusive. Work performed by
employees of the Contractor in excess of eight hours per day and 40 hours during
any one week shall be permitted upon compensation for all hours worked in excess
of eight hours per day at not less than ane -and -ane -half times the basic rate of pay,
as provided in Section 1815.
Prevailing Wages. Contractor shall comply with California Labor Code Sections 1770 to
1780, inclusive. In accordance with Section 1775, the Contractor shall forfeit as a
penalty to CITY an amount as determined by the Labor Commissioner not to exceed
$50 for each calendar day or portion thereof for each worker paid less than
stipulated prevailing wage rates for such work or craft in which such worker is
employed for any work done under the contract by him or by any subcontractor
under it in violation of the revisions of the Labor Code and in particular, Labor Code
Sections 1770 to 1780, inclusive. In addition to said penalty and pursuant to Section
1775, the difference between such stipulated prevailing wage rates and the amount
paid to each worker for each calendar day or portion thereof for which each worker
was paid less than the stipulated prevailing wage rate shall be paid to each worker
by Contractor. Pursuant to the provisions of Section 1773 of the Labor Code, CITY
has obtained the general prevailing rate of per diem wages and the general
prevailing rate for holiday and overtime work applicable to the work to be done from
the Director of the Department of Industrial Relations. Copies of the prevailing wage
rates are on file at CITY and are available for review upon request.
Payroll Records. The Contractor's attention is directed to the following provisions of Labor
Code Section 1776. The Contractor shall be responsible for the compliance with
these provisions by his subcontractors.
Each contractor and subcontractor shall keep an accurate payroll record, showing
the name, address, social security number, work classification, straight time
and overtime hours worked each day and week, and the actual per diem
wages paid to each journeyman, apprentice, worker, or other employee
employed by him or her in connection with the public work.
The payroll records enumerated under subdivision (a) shall be certified and shall be
available for inspection at all reasonable hours at the principal office of the
Contractor on the following basis:
A certified copy of an employee's payroll record shall be made available for
inspection or furnished to such employee or his or her authorized
representative on request.
A certified copy of all payroll records enumerated in subdivision (a) shall be
made available for inspection or furnished upon request to CITY, the
Division of Labor Standards Enforcement and the Division of
Apprenticeship Standards of the Department of Industrial Relations.
A certified copy of all payroll records enumerated in subdivision (a) shall be
made available upon request to the public for inspection or copies
thereof made; provided, however, that a request by the public shall
be made through either CITY, the Division of Apprenticeship
Standards or the Division of Labor Standards Enforcement. If the
requested payroll records have not been provided pursuant to
paragraph (2), the requesting party shall, prior to being provided the
records, reimburse the costs of preparation by the Contractor,
subcontractor and the entity through which the request was made.
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The public shall not be given access to such records at the principal
office of the Contractor.
The certified payroll records shall be on forms provided by the Division of Labor
Standards Enforcement or shall contain the same information as the forms
provided by the Division.
The Contractor shall file a certified copy of the records enumerated in subdivision
(a) with the entity that requested such records within ten (10) days after
receipt of a written request.
Any copy of records made available for inspection as copies and furnished upon
request to the public or CITY, the Division of Apprenticeship Standards or
the Division of Labor Standards Enforcement shall be marked or obliterated
in such a manner as to prevent disclosure of an individual's name, address
and social security number. The name and address of the Contractor shall
not be marked or obliterated.
The Contractor shall inform CITY of the location of records enumerated under
subdivision (a), including the street address, city and county, and shall,
within five working days, provide a notice of a change of location and
address.
In the event of noncompliance with the requirements of this Section, the Contractor
shall have ten (10) days in which to comply subsequent to receipt of written
notice specifying in what respects such contractor must comply with this
Section. Should noncompliance still be evident after such 10 -day period, the
Contractor shall, as a penalty the State or CITY, forfeit Twenty-five Dollars
($25) for each calendar day, or portion thereof, for each worker, until strict
compliance is effectuated. Upon the request of the Division of
Apprenticeship Standards or the Division of Labor Standards Enforcement,
such penalties shall be withheld from progress payments then due. The
penalties specified in subdivision (g) of Labor Code Section 1776 for
noncompliance with the provisions of said Section 1776 may be deducted
from any monies due or which may become due to the Contractor.
The Contractor and each subcontractor shall preserve their payroll records for a
period of three (3) years from the date of completion of the Contract.
Labor Non-discrimination. Attention is directed to Section 1735 of the Labor Code which
provides that Contractor shall not discriminate against any employee or applicant for
employment because of race or color, religion, physical or mental disability, national
origin or ancestry, medical condition, marital status or sex of such persons, except
as provided in Section 12940 of the Government Code. Contractor further agrees to
include a similar provision in all subcontracts, except subcontracts for standard
commercial supplies or raw materials.
Apprentices. The Contractor and all subcontractors shall comply with the requirements of
California Labor Code sections 1777.5, 1777.6 and 1777.7 regarding the
employment and of apprentices.
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12-1 PAYMENT OF WORKERS COMPENSATION.
Each Contractor to whom a public works contract is awarded shall sign and file with CITY
the following certification, provided with the Bid Forms, prior to performing the work of the
contract:
"I am aware of the provisions of Section 3700 of the 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."
13-1 EXAMINATION AND AUDIT OF RECORDS (GOV. CODE SECTION 8546.7)
Pursuant to Government Code Section 8546.7, Contractor shall retain all project -related
records for a period of 3 years after final payment on this contract, which shall be subject to
audit or inspection by the CITY or the State Auditor during this period.
14-1 NOTICE OF TAXABLE POSSESSORY INTEREST (REV. AND TAXATION CODE
SECTION 107.6)
In accordance with Revenue and Taxation Code Section 107.6, the Contract Documents
may create a possessory interest subject to personal property taxation for which Trade
Contractor will be responsible.
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SPECIAL PROVISIONS/
TECHNICAL SPECIFICATIONS
C. SPECIAL PROVISIONS — TECHNICAL SPECIFICATIONS
CONTRACTOR RESPONSIBILITIES - ASPHALT REPAIR, REHABILITATION &
MISCELLANEOUS RIGHT-OF-WAY MAINTENANCE
1-1.1 WORK ASSIGNMENTS
The work to is be performed throughout the City and shall include, but not limited to street
rehabilitation and paving, pothole repair, asphalt patching, sidewalk and gutter flow -line
grinding, asphalt removal, concrete installation and repair work, roadway crack sealing,
roadway sinkhole repair; manhole height adjusting. Contractor shall provide immediate
response to emergencies in the public right-of-way during working hours and respond to
after-hours and weekend call -outs as needed. In addition to performing on-going
infrastructure maintenance, the Contractor shall service daily maintenance requests as
needed. This is a prevailing wage contract, with applicable laws and regulations to be
followed by Contractor.
1-1.2 LOCATION OF WORK
All work to be perfbrmed hereunder is located within the City of Costa Mesa, on various
streets, alleys unimproved rights-of-way and other locations. Costa Mesa has 525 lane
miles of streets, 14 miles of city alleys, 800 miles of curb and gutter, 1165 catch basins and
42 miles of storm drains, 544 miles of sidewalk (2,872,320 linear feet).
1-1.3 MEETINGS
The Contractor shall contact the Project Manager and/or his/her designee one time per
day, seven (7) days per week at a mutually agreed upon time to discuss the Contractor's
schedule for the day, pending work orders, areas to be maintained and areas to be.
inspected for approval. Weekend work orders may be generated by a voice mailbox where
locations to be abated are recorded for Contractor response.
The Contractor shall receive work orders from the ENGINEER and/or Project Manager or
his/her designee via electronic mail or facsimile, or written as agreed upon by the Project
Manager and/or his/her designee and the Contractor. Upon receipt of a work order, the
Contractor shall inspect the location and determine the method of removal according to the
Public Services Department Graffiti Removal Standards and that will maintain the integrity
of the surface prior to abatement.
The Contractor shall meet With the Project Manager and/or his/her designee one time per
week at a mutually agreed upon time to discuss program status and issues.
1-1.4 SERVICE LEVEL
The Contractor shall provide services within twenty-four (24) hours of receiving work
orders. In the event that a site cannot be abated within twenty-four (24) hours due to
inclement weather, size of the site or other reasons, the Contractor shall notify the Project
Manager and/or his/her designee with the status of the site prior to the end of the twenty-
four (24) hour period.
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KC
Work may be assigned as a 'targeted' or'graffiti route' for graffiti discovery and removal. As
directed by the Project Manager and/or his/her designee, the Contractor shall be assigned
to schedule visits to specified sites, neighborhoods or corridors. The Contractor may be
required to work with a site, neighborhood or corridor liaison in addition to the Project
Manager and/or his/her designee.
The Project Manager and/or his/her designee or the Police Department may designate
sites as needing an emergency response. An emergency work order may be issued
immediately. Emergency response sites will have first priority and will require abatement
within 4 hours, during working hours, or within 4 hours beginning the next working day after
notification, if such notification is after working hours.
1-1.5 REQUIRED DOCUMENTS
The Contractor shall deliver completed work orders to the Project Manager and/or his/her
designee via electronic mail, facsimile, mail or in person on or prior to the first working day
of the week following assignment of the work order. Accommodations for special projects
may be made.
Work on private property shall not be performed without the Consent form signed by the
owner or authorized by the Project Manager and/or his/her designee. A sample of the
Consent form is provided as Attachment A. The Contractor shall obtain the signature of the
property owner on the consent form prior to beginning work. Original consent forms shall be
returned to the Project Manager and/or his/her designee on a weekly basis and are
property of the City. The City will maintain a database of Consent forms.
1-1.6 DESCRIPTION OF WORK
The Contractor shall provide all labor, supervision, equipment, materials, supplies and
disposal needed for a comprehensive municipal maintenance program, including: street
rehabilitation and paving, pothole repair, asphalt patching, sidewalk and gutter flow line
grinding, asphalt removals, concrete work, crack sealing, sinkhole repair and manhole
height adjusting, weed abatement, storm drain maintenance within the City right-of-way.
Some services will be performed on a daily basis. Contractor shall provide all equipment,
labor and services as may be necessary for completing the work identified in the Scope of
Work Standards.
Safety and Traffic Control: Contractor must provide all personal protective equipment and
appropriate safety apparel, including but not limited to; hearing protection, eye protection,
and reflective vests and breathing equipment, as per OSHA requirements. Traffic safety
vests must be worn by all Contractor's employees at all times while on the job site.
Appropriate warning signs must be placed at each end of the work area during all
operations. Work areas are to be coned off to public access. Vehicles used in the city right
of way must have working amber warning lights and a truck mounted or towed arrow board
in operating order unless otherwise specified. All traffic control devices placed in the public
right of way by Bidder shall be per the 'Work Area Traffic Control Handbook" W.A.T.C.H.
340,
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The Contractor shall furnish sufficient employees at all times, to complete all work required
under this contract during the regular and prescribed hours.
All such personnel shall be physically able to do their assigned work. The Contractor and
its employees shall conduct themselves in a proper and efficient manner at all times and
shall cause the least possible annoyance to the public. They shall be fully clothed in
suitable company uniforms, with name of company and employee clearly visible. The City
may require the Contractor to remove from the work site any employee(s) deemed
careless, incompetent, or otherwise objectionable, whose continued employment on the job
is considered to be contrary to the best interest of the City. All personnel working on the
City contract must be capable Of Communicating effectively with City Representative and
the public in English.
1-1.8 SUPERVISION
The Contractor shall assign adequate supervisory personnel to be on site each working
day, working regular working hours, for the duration of this contract. The Contractor and
the supervisor shall have expertise and experience in comprehensive maintenance of a
Wide range of municipal facilities, including but not limited to: plant care, irrigation
management, pest control, soils, fertilizers, and plant identification. The Supervisors must
be fluent in the English language (written and spoken), and must be able to communicate
effectively with City Representative, the public and subordinate staff.
There shall be regular meetings on site with the Contractor and the City to determine
progress and to establish areas requiring attention to meet specifications. City shall retain
the right to schedule meetings at any frequency.
Licenses and Certifications: All working personnel shall possess the following; Work Zone
Safety, First Responder and Confined Space Entry certifications.
All work will be performed in compliance with the California Storm Water Best Management
Practices. Storm drain perimeters will be blocked so as to prevent polluted water from
entering storm drains. Discharge of any polluted water into storm drains is strictly
prohibited. Contractor shall be responsible for any fines or enforcement action taken by
any agency against the Contractor or City as a result of failure to maintain compliance with
all applicable N.P.D.E.S. or other applicable storm water regulations.
Since job locations cannot be determined at this moment, unit prices shown in the bid
schedule shall be used for each job order. Each job order may include repaving several
streets (items 1 through 9), or adjusting manholes or patching damaged asphalt at various
locations in the City. For each job order, specific locations throughout the City will be given
to the Contractor by the City Representative or City Representative.
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1-1.10 UTILITIES - SPECIAL PROVISIONS
All existing utility access frames and covers, both private and public within the work area,
shall be located and marked with paint on the pavement surface by the Contractor prior to
any work being performed.
Upon completion of the project, the Contractor shall remove all painted utility markings
applied in conjunction with the work, from the surfaces of roadways, sidewalks, driveway
approaches, curbs and gutters using a removal method acceptable to the City
Representative. Any damage to sidewalks, driveway approaches, curbs and gutters due to
the Contractor's removal operation shall be repaired at the Contractor's expense and to the
satisfaction of the City Representative. Payment for removing utility markings shall be
included in other items of work, and no additional compensation will be allowed therefore.
If utility construction work within the area is required during the construction of this project,
the Contractor is directed to cooperate with the utility company(s) and their workers to
assure proper installation of the utilities with a minimum of conflict. Contractor shall contact
DigAlert to ensure that all utility lines are identified and protected during work.
The Contractor shall determine the location and depth of all utilities including service
connections, which may affect or be affected by his/her operation.
1-1.11 WORKING HOURS - SPECIAL PROVISIONS
The Contractor's activities for non -emergency work shall be confined to the following hours:
Between 7:00 a.m. and 5:00 p.m., Monday through Friday, within work areas having either
no lane closures or having continuous lane closures, that is, closures lasting more than one
day.
From 9:00 a.m. to 3:00 p.m., Monday through Friday, for work requiring temporary lane
closures (less than one day), and for work at major intersections.
Deviation from these hours/days shall not be permitted without the prior consent of -the City
Representative.
1-1.12 PUBLIC CONVENIENCE & SAFETY -- SPECIAL PROVISIONS
All street closures and signs used for handling traffic during construction shall be provided
by the Bidder and be in accordance with the 'Work Area Traffic Control Handbook"
(W.A.T.C.H.) published by Building News, Inc., which shall be considered a part of these
Special Provisions. The method in which signs, barriers, and other miscellaneous traffic
devices are used during construction shall be in accordance with the publication mentioned
above, except only standard size signs and flashing arrow signs shall be used on streets
consisting of four or more lanes.
All signs shall be illuminated or reflectorized when they are used during hours of darkness.
All cones, pylons, barricades, or posts used in the diversion of traffic shall be reflectorized.
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All signing, barricading and diversion of traffic shall be subject to the approval of the City
Representative. The Contractor shall provide a telephone number at which the Contractor's
representatives can be reached should an emergency require replacement or relocation of
the required traffic devices and for other problems connected to the project.
Prior to the start of construction operations, the Contractor shall notify the Police and Fire
Departments of the City, giving the approximate starting date, completion date, and the
name and telephone number of responsible persons who may be contacted at any hour in
the event of a critical condition requiring immediate correction.
At a minimum of two weeks prior to starting work, the Contractor shall deliver notices
approved by the City to the residences and businesses in the area affected by the
construction. At least 48 hours prior to blocking access to residences or businesses, the
Contractor shall contact the affected parties in person or by written notice to provide
information as to the reason for the closure and the expected duration.
The City at various times and locations temporarily install portable traffic counting
equipment of the type which is activated by vehicles coming on contact with a hose placed
in the roadway. Caution shall be used by the contractor to avoid damaging this equipment.
If the Contractor, while in the performance of his contract duties, damages or causes to be
damaged any of the aforementioned traffic counting equipment or appurtenances, the
Contractor shall bear the entire cost for -the restoration, repair, inspection, testing or
replacement of said damaged equipment.
1-1.13 TEMPORARY STEEL PLATE BRIDGING
When backfilling operation of an excavation in the travel way, whether transverse or
longitudinal cannot be properly completed within a work day, steel plate bridging with a
non-skid surface and shoring may be required to preserve unobstructed traffic flow. In such
cases, the following shall apply:
1. Steel plates used for bridging must extend a minimum of twelve (12") inches beyond
the edge of the trench.
2. Steel plate bridging shall be installed to operate with minimum noise.
3. The trench shall be adequate to support the bridging and the traffic load. Contractor
shall be responsible for complying with all state and federal laws regarding shoring.
4. Temporary paving with cold asphalt concrete shall be used to feather the edges of
the plate.
5. Bridging shall be secured against displacement by adjustable cleats, shims, or other
devices.
6. Approaches plate and ending plate (if longitudinal placement) shall be attached to
the roadway by a minimum of two (2) dowels pre -drilled into the comers of the plate
and drilled two (2") inches into the pavement. Subsequent plates are butted to each
others. Fine graded asphalt concrete shall be compacted to form ramps, maximum
slope of 8.5% with a minimum of twelve (12") inches taper to cover all edges of the
steel plates. When steel plates are removed, the dowel holes in the pavement shall
be backfilled with either fines of asphalt concrete mix, concrete slurry or equivalent
Slurry satisfactory to the Engineer.
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7. The Contractor shall be responsible for maintenance of the steel plates, shoring,
and asphalt concrete ramps.
8. Unless specified, use of steel plate bridging at any given location should not exceed
four (4) consecutive working days in any given week. Backfilling of excavation shall
be covered with a minimum of three (3") inches of temporary layer of cold asphalt
concrete.
The following table shows the required minimal -thickness of steel plate bridging for a given
trench width:
Trench Width
Minimum Plate Thickness
1.0 foot
1/2 -inch
1.5 foot
% -inch
2.0 foot
7/8 -inch
3.0 foot
1 -inch
4.0 foot
2 -inch
For spans greater than four (4`) feet, a structural design for the steel plate bridging shall be
prepared by a registered civil engineer and approved by the Engineer. Steel plate bridging
shall be designed for HS20-44 truck loading per Caltrans Bridge Design Specifications
Manual. The Contractor shall maintain steel plates with a non-skid surface having a
minimum coefficient of friction equivalent to 0.35 as determined by California Test Method
342. The Contractor may use standard steel plate with known coefficient of friction equal or
exceeding 0.35.
A "Steel Plate Ahead" sign (W8-24) with black lettering on an orange background shall be
used in advanced of steel plate bridging. This is to be used along with any other required
construction signing.
Payment for steel plate bridging shall be included in the other items of work involved and
no additional payment will be allowed therefore.
1-1.14 ROCK PRODUCTS
Alternate rock products, asphalt concrete, Portland cement concrete and untreated base
material shall be alternate rock material - Type S per Section 400 of the Standard
Specifications.
1-1.15 RELATIVE COMPACTION TESTS
When required by the Standard Specifications the following test methods shall be used for
determining relative compaction:
1. California Test 216
2. California Test 231
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1-1.16 UNCLASSIFIED EXCAVATION — SPECIAL PROVISIONS
1. This Section shall conform to Subsection 300 of the Standard Specifications and
these Special Provisions. Unclassified excavation shall consist of all excavation
including the removal of bituminous pavement and if necessary, sub -grade.
2. Portland Cement Concrete Removal shall consist of removal of Portland cement
concrete pavement; concrete curb, gutter, sidewalk, cross gutter, wheelchair ramp,
and driveway. (Your bid item for PCC Sidewalk & Curb and Gutter doesn't say
Removal is included, need to clarify that removal is included in the item of work, or
make it a separate bid item)
3. If any asphalt and or sub -grade, through the neglect of the Contractor, are
excavated below the grade required by the plans or the special provisions, it shall be
backfilled to grade with additional bedding. These excess excavation and bedding
shall be at the Contractors expense.
4. All removed pavement and excess excavated materials shall be legally recycled or
immediately disposed of off the project site at a legal dumpsite at the Contractor's
expense.
5. Payment for saw cutting of AC pavement shall be paid under the other items of work
involved and no additional compensation will be allowed therefore.
6. No open trench shall be left unattended at anytime. AM trenches shall be backfilled
and paved or covered with steel traffic plates at the end of each working day.
7. Payment for unclassified fill shall be included in the prices paid for the other items of
work involved, and no additional compensation will be allowed therefore.
1-1.17SUBGRADE PREPARATION
1. Sub -grade preparation shall conform to Section 301-1 of the standard specification
and these special provisions.
2. Section 301-1.3 is modified to require only 90% relative compaction on sub -grade
material.
3. On areas where unsuitable sub -grade materials are encountered, such materials
shall be over excavated and replaced with asphalt concrete, as determined and
directed by the Engineer.
4. Payment for over excavation shall be paid for at the unit bid price for unclassified
excavation. Payment for asphalt concrete used will be paid for at the unit bid price
for AC pavement.
5. Placement of asphalt concrete in over excavated areas shall be done with minimum
disturbance to the sub -grade. Compacting shall be done with light rolling a steel
wheel roller with compaction requirement waived. Asphalt concrete shall be placed
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in lifts not exceeding 4 inches in compacted thickness and shall be allowed to cool
for 24 hours before placing the next lift.
1-1.18 ASPHALT CONCRETE — SPECIAL PROVISIONS
Course aggregate shall consist of material, which at least 75% by weight shall be crushed
particles in lieu of the requirements of Subsection 400-2.3. A tack coat is required and the
cost thereof shall be included in the price paid per ton for asphalt concrete.
The required asphalt concrete mix design shall be as follows:
Base Course Surface Course - III -133 -AR -4000, III C3 -AR -4000
Leveling Course - III F3 -AR -4000
The top layer of asphalt concrete pavement shall not exceed 0.20' in compacted thickness.
The Contractor shall construct temporary asphalt concrete ramping with a slope of 1:1 if all
the following occur.
Clearance between travel lane and open excavation is less than five (5) feet.
Excavation depth is six (6) inches or deeper, and
If open excavation will last for more than 48 hours.
Payment for the construction and removal of temporary asphalt concrete shall be included
in the bid item price for AC pavement.
1-1.19 PORTLAND CEMENT CONCRETE
Portland Cement Concrete shall conform to the requirements of Section 2.05 of these
Specifications, Section 302-6 of the Standard Specifications, Standard Plan No. 120SC,
and these Special Provisions.
1-1.20 ADJUSTMENT OF SURFACE UTILITIES TO GRADE
General
City owned utility frames and covers for survey monuments and manholes within the area
to be paved or graded, shall be set to finish grade by Contractor after construction of new
asphalt concrete pavement.
All other utility frames and covers shall be set to finish grade by the respective utility
company. Manholes and other structures in Asphalt Concrete pavement shall be set to
finish grade in accordance with the provisions of subsection 302-5.8 of the Standard
Specifications.
City Manholes
City utility manhole frames and covers shall be adjusted to grade with a PCC collar in
accordance with the respective Standard Plans.
Payment for adjusting water manhole frames and covers to grade shall be per the contract
unit price for the respective items. It shall include all material, labor, equipment, incidentals
required to complete the work and no additional compensation will be allowed.
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1-1.21 CRACK SEALING
Crack sealant shall be Crafco Polyflex Type 3 or similar. Prior to sealing, any weeds
growing from the cracks shall be removed and an herbicide applied.
Cracks ranging in width from 1/8" to 1" shall be air -blown out to a depth of 2" prior to
sealing. Cracks ranging between 1" and above shall be cleaned to a depth of 3" and then
filled flush with 3/8" rock asphalt or sheet mix (sand and oil), then rolled.
1-1.22 TEMPORARY TRAFFIC STRIPING & PAVEMENT MARKINGS
The Contractor shall install temporary traffic striping or markers on any un -striped lanes
prior to opening them up to traffic. Temporary striping can be per City of Costa Mesa
Standard Plan No. 1125 B (without rpm's), or by installing reflector chip seal markers
(single for 4" line, double for 8" line) at 24 feet on center for continuous line and 48 feet on
center for skip line.
Payment for temporary traffic striping and pavement markers shall be included in the bid
item price for AC pavement.
1-1.23 EMERGENCY CALL -OUT
This item of work will be used in emergency situations as directed by the City
Representative or other authorized City Representative(s) and will require -the Contractor to
respond within 1 hour. An example of this would be major pavement failure due to a sink
hole, sudden asphalt deterioration due to rain, large pothole or other defect that requires an
immediate response.
1-1.24ASPHALT CONCRETE FOR UTILITY PATCHES
This work will consist of constructing asphalt concrete to repair pavement defects over
sunken or damaged trench lines or other trenching and general asphalt repair as assigned
by the City Representative through a job order request. The size of the repairs will vary
from a small patch of approximately 12 square feet to a larger area of over 800 square feet.
Contractor shall begin work on each job order within 24 hours of notification and shall
diligently pursue the work to completion.
The AC pavement replacement for each street shall consist of an AC base course and a
1.5" thick AC surface course. The total pavement section for each local street shall be 6"
thick deep lift AC including base course and surface course. The total pavement section for
arterial streets shall be 12" thick AC.
The required AC mix designs shall be as follows:
Overlay/Surface Course III -C3 -AR -4000
All areas for reconstruction, leveling and skin patching shall be marked in the field by the
City Representative.
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1-1.25 COLD MILL AND ASPHALT CONCRETE OVERLAY
General:
Asphalt concrete shall conform to latest edition of the Standard Specifications for Public
Works Construction and as modified herein.
Scope of Work for Street Paving:
Contractor shall provide adequate personnel, trucks, material and all necessary equipment
and tools to perform residential street paving including all associated traffic control devices.
Work shall include but not limited to the overlaying with asphalt of approximately 15
residential streets. Average street size is approximately 31,000 square feet in area; size will
vary by street. Work shall include but not be limited to: removal and replacement of
damaged asphalt, crack sealing, cold milling, installing a leveling course, and a full width
asphalt overlay. "Thickness of the leveling course and final overlay will be determined by the
City Representative, but is typically between 1" and 2". Job orders for the described work
will be issued by the City Representative. Contractor shall follow an approved haul route to
and from the job site. Any damage to the surrounding streets such as rutting, upheavals,
cracking or any other damage deemed to be the result of not properly following the
established haul route will be the responsibility of the Contractor to repair. Many residential
streets in Costa Mesa have poor sub -grade and can be damaged easily from heavy
equipment, including the streets assigned for work. The Contractor should take this into
consideration when proposing on this project. Additionally, the Contractor shall have the
means and ability to remove and replace with approved base material or treat and stabilize
the sub -grade of the any damaged area whether in the scope of his/her work or due to the
Contractor's operation. All sub -grade preparation will conform to Section 301 -1 of the latest
edition of the Standard Specifications for Public Works Construction standard and will be
completed before continuation of the work.
Should detectable damage occur to any street due to Contractor and/or the Contractors
Subcontractor or affiliates due to the Contractor's equipment or actions it will be the
Contractor's responsibility to repair the aforementioned damage at his/her expense.
Specifications for Street Paving:
Equipment Requirements for Type "D" Asphalt Concrete Paving and Leveling (Paving
Machine)
The requirements of this section specifically apply to the bid item of work for the Type "D"
(paving machine) for the 15 residential streets annually determined by the City Engineer.
"The Bidder shall utilize a small paver with a maximum hopper capacity of six (6) tons. The
cold milling machine shall have a maximum operating weight of 45,000 lbs. The largest
truck used for the transporting of asphalt concrete shall have at least ten wheels with a
capacity of no more than twelve (12) cubic yards.
Sub -grade preparation shall conform to Section 301-1 of the latest edition of the Standard
Specifications for Public Works Construction. Asphalt Street damaged on site or on the
surrounding streets due to Contractors equipment or actions will be repaired at
Contractor's expense and conform to these listed standards.
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AC surface course shall be Type III -C3 -PG 64-10 (1/2" sieve size fine), AC base course
shall be Type III -B2 -PG 64-10 (3/4" sieve size), AC skin patch course shall be Type 111 -D-
PG 64-10, and the Asphalt Rubber Hot Mix shall be ARHM-GG-C-PG 64-16.
Finished surface of the new pavement at the edge of gutter shall be:
• 3/8" higher than edge of gutter for streets without bike lanes
0 Flush with edge of gutter for streets with bike lanes
The Contractor shall be responsible for maintaining location of and access to, all water
valves and manholes during construction.
Prior to placing asphalt concrete, all existing surfaces shall be cleaned by blowing air,
washing with water and/or broom sweeping. All striping and markings shall be removed by
grinding or by other approved method prior placing asphalt concrete surface course, and
skin patching. The surface shall be free of water, dust and all foreign materials prior to the
application of tack coat.
Asphalt concrete shall be compacted to achieve at least 95 percent of the relative
compaction.
The Contractor is not allowed to drive his/her fully loaded trucks on the new asphalt
concrete mat.
Tack Coat:
Tack coat shall be per Section 302 of the latest edition of the Standard Plans for Public
Works Construction.
Rolling:
Pneumatic rollers shall not be used without prior approval of the City Representative. The
top layer of each lane, once rolling has commenced, shall be rolled without
interruption. The Bidder shall roll the newly laid asphalt concrete in such a manner that will
not create a joint between two passes; with no variations at joints.
At all locations where new asphalt concrete pavement is joining or overlaying existing
asphalt pavement, the Bidder shall provide straight neat lines and transition the last twenty
(20) feet of new pavement to form a smooth transition with the existing pavement.
1-2 POTHOLE PATCHING
1-2.1 SCOPE OF WORK - POTHOLE PATCHING
The Contractor shall provide daily, an asphalt patching crew, truck, material and all
necessary equipment to perform such work. Work shall include but not be limited to the
daily filling of potholes, small skin patches, asphalt sidewalk ramps etc. During rain or other
instances such as asphalt plant breakdowns, where appropriate hot asphalt material is
unavailable, the Contractor shall use an approved 'cold' bagged asphalt material in
performance of the work, to insure no interruption in the daily patching schedule. Job
orders for the described work will be issued daily or weekly at the City Representatives
discretion. Documentation of all repaired locations shall be maintained by the Contractor in
a form approved by the City, with information provided to the City on a weekly basis.
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1-2.2 SPECIFICATIONS - POTHOLE PATCHING
Contractor is required to sweep, remove and dispose of any debris within the perimeter of
the pothole. If the area is wet, the pothole and or damaged area shall be dried prior to
patching. A tack coat of approved emulsion shall be applied to the area and allowed to dry
before material is introduced. Material shall be compacted to a rate of 95% using a
motorized compactor plate or equivalent. Contractor is required to clean any debris that
result in work being performed.
Special Equipment:
Contractor shall provide a sealed bed truck capable of maintaining the original temperature
of the asphalt from the plant for a minimum of eight (8) hours. The truck shall be able to
carry the equipment necessary including the emulsion and compactor plate that is required
for street patching. Carrying capacity of the patch truck shall be at least four (4) tons of
asphalt, but shall not exceed eight (8) tons. Truck shall have rotating lights overhead safety
warning lights and an attached arrow board that meets Cal OSHA and Cal Trans
standards.
1-3 SIDEWALK AND GUTTER GRINDING/ASPHALT RAMPING
1-3.1 SCOPE OF WORK - STANDARDS FOR SIDEWALK AND GUTTER
GRINDING/ASPHALT RAMPING
The City of Costa Mesa is divided into thirty-one (31) designated maintenance areas.
Contractor will be assigned sidewalk and gutter grinding and/or asphalt ramping work on a
"per area" basis. Work is to begin within seven (7) days of assignment, with each assigned
area to be completed within thirty (30) days of the work commencing. If Contractor is not
able to complete the assigned work within the specified time, the City shall reserve the right
to utilize a secondary Contractor.
In addition to the sidewalk grinding by maintenance area, the Contractor shall within 24
hours of notification have the ability to respond and provide grinding service per contract
specifications at various locations throughout the City of Costa Mesa. Individual grinding
locations will be assigned by a separate job order issued by the City Representative.
Except for hand-held grinders, all grinding machines shall be equipped with an effective
vacuum dust control system. At no time shall water be used as a dust control agent.
All grinding operations will be performed only on City sidewalks and gutters. No private
property shall be affected. Damage caused to public or private improvements by the
Contractor's operations shall be repaired or replaced at the City's direction to the
satisfaction of the City's Representative, at no cost to the City.
Sidewalk and gutter grinding will be performed in compliance with the California Storm
Water Best Management Practices for saw -cutting and/or grinding surfaces (January 2003).
Storm drain perimeters will be blocked so as to prevent polluted water from entering storm
drains. Discharge of any polluted water into storm drains is strictly prohibited.
1-3.2 SPECIFICATIONS - SIDEWALK GRINDING
Sidewalk Grinding: Uneven sidewalks in relation to other sidewalks, curbs, aprons and
utility covers are to be ground.
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All sidewalk grinding locations shall be ground so as to provide a smooth transition
between concrete slabs. Sidewalk grinding shall be performed so as to provide complete
trip hazard abatement for the full width of the sidewalk. Vertical offsets from one-half inch
(3/8") up to two inches (2") will require grinding. The minimum taper width should be six
inches (6"). Offsets shall be ground so as to produce a finished product that is a non-skid
surface and free of rough or sharp edges.
Contractor agrees to immediately contact and alert the City Representative of all sidewalk
locations with vertical offsets exceeding two (2") inches.
Grinding residue shall not be left on sidewalk or in nearby parkway areas. All grinding
residue shall be the property of the Contractor and is to be removed and disposed of by the
Bidder in a manner prescribed by law. Contractor is required to sweep, remove and
dispose of any debris resulting from grinding operations; with acute care being given to
locate and remove visible fragments from lawn areas where they might pose a hazard to
the public during grass cutting operations.
Gutter Flow Line Drilling -Grinding: To relieve standing water conditions at gutter/curb
displacements and/or vertical offsets.
The gutter flow line drilling -grinding shall be performed using a Flowline 11 (2) or equivalent
piece of equipment capable of grinding a flow channel two (2") inches wide and up to four
(4") inches deep, flush with the curb's vertical face. The equipment must be capable of
operating with no water usage. At no time shall water be used as either a dust control agent
or a residue management agent by washing grinding residue into storm drains.
1-3.3 SPECIFICATIONS - SIDEWALK RAMPING WITH ASPHALT
All sidewalk lifts / displacements of 2" or greater require an asphalt ramp. The ramp will be
constructed with class 'T' asphalt material and compacted to a rate of 95%. The asphalt
ramp will extend perpendicular from the displacement at a rate of 12" per Y2" in rise.
Locations are to be determined as needed by the City Representative and issued through a
job order. Contractor is required to clean any debris that results from work being performed.
1-3.4 RECORD KEEPING
The Contractor shall submit to the City Representative weekly, a list of all locations
completed the prior week in a format to be determined by City. The list shall include the
specific addresses or locations where work has taken place; locations found to require an
asphalt ramp, its cause, such as tree roots, settling etc. and its disposition; nature and
quantity of work performed. The Contractor shall use forms/electronic format approved by
the City.
1-4 PAYMENT
Payment for all of the preceding, including existing road surface and sub -grade preparation,
excavation for Bid Items Nos. 1-9, 2" cold milling for Bid Item No. 2, and trucking and
paving equipment requirements, shall be included in the unit price bid per ton. Payment
shall include full compensation for furnishing all labor, materials, tools, equipment, saw
cutting, transition, hauling, spreading, compacting, grading, furnishing asphalt concrete,
32 ( 1
disposal and incidentals for doing all the work as required. No additional compensation
will be allowed,
Note: The bid item for the Removal and Replacement of Asphalt Concrete next to the curb
and gutter being reconstructed shall not include the one foot slot patch next to the curb and
gutter or the three foot slot patch next to the cross gutter and spandrel. This bid item of
work is for reconstruction requirements beyond the one foot and three foot limits, necessary
to reduce the roadway cross fall or to reconstruct failed areas adjacent to the slot patches.
Note: The payment for the one foot slot patch shall be included within the unit price for curb
and gutter and the payment for the three foot slot patch shall be included within the unit
price for cross gutter and spandrel.
Temporary asphalt concrete work where required by the Engineer for traffic control or other
purposes shall be considered included in the price bid for the various items of work.
2-1 STORM DRAIN MAINTENANCE - DESCRIPTION OF WORK
The work is to be performed on storm drains, catch basins, culverts, clarifiers, under -
sidewalk drains and other storm water conveyance devices at various locations throughout
the City and shall include, but not be limited to bi-annual cleaning, removal of debris, repair
of storm drain and catch basin grates and environmental screens. Additionally, work shall
include data gathering, compilation and storage to meet applicable laws, regulations and
ordinances.
2-1.1 LOCATION OF WORK
All work to be performed hereunder is located within the City of Costa Mesa at various
locations to be determined by the City Representative.
2-1.2 SCOPE OF WORK - STANDARDS AND SPECIFICATIONS
The Contractor shall provide all labor, supervision, equipment, materials and supplies
needed for cleaning; removal of debris; repair of storm drain and catch basin grates and
environmental screens as designated and/or required by 'the City of Costa Mesa.
Contractor is to provide all equipment, labor and services as may be necessary for
completing the work identified in the Scope of Work Standards.
Working hours shall be between 8:00 a.m. and 4:00 p.m. Monday thru Friday on non -
arterial streets. Working hours on arterial streets shall be between 8:30 a.m. and 4:00 p.m.
Monday thru Friday.
Safety and Traffic Control: Contractor must provide all safety apparel, such as reflective
vests and breathing equipment, as per OSHA requirements. Traffic safety vests must be
worn by all Contractor employees at all times while on the job site. "Sidewalk Closed"
and/or other appropriate warning signs must be placed at each end of the work area during
all operations. Work areas are to be coned off to public access.
Equipment / Equipment Capabilities:
Vacuum truck or equivalent
Confined space entry and environmental monitoring safety equipment
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Certificates
Contractor's personnel assigned to the work in this section shall possess valid Confined
Space Entry Certification, First Responder -Operational Certification, IMSA Work Zone
Safety Certification and a valid State of California Class "B" drivers' license with 'tanker
endorsement.
Specifications
The City's storm drain system includes 1195 catch basins and various drain inlets and
culverts. The majority of the City's catch basins and curb opening catch basins range from
4 feet to 21 feet in width. Most catch basins contain a square or circular manhole cover on
the surface for maintenance access. All current National Pollutant Discharge Elimination
System (N.P.D.E.S.) guidelines for best management practices (BMP's) shall be followed
when performing the maintenance requirements of this specification. The City is subject to
Order R8-2009-0030, Section 11 (A)(4), which provides in part:
The co -permittees (City) shall be responsible for the management of storm drain systems
within their jurisdictions and shall:
Conduct storm drain system inspections and maintenance in accordance with the criteria
developed by the principal permittees. (See the following)
Section 5.4.3.3 of the Drainage Area Management Program:
All drainage facilities are categorized as high priority. These facilities will
receive annual inspection and maintenance once per year prior to the wet
season (between May 1 and September 30), and as often as necessary
throughout the wet season.
Typically after every storm drainage facilities should be inspected and
cleaned as necessary.
The Maintenance Objective for the existing City catch basins is to clean all
catch basins to ensure proper functioning in a safe and hydraulically efficient
manner and to minimize the entry of litter, debris, toxic or hazardous
substances into the storm water system.
The inside of all catch basins shall be inspected and cleaned at least twice
every year: The first cleaning shall be completed by September 30th, just
prior to the onset of the winter storm season (October 15th) per N.P.D.E.S.
requirements. Additionally, catch basins where there is a known problem with
debris accumulation, where excessive odor often occurs, or where illegal
dumping may have taken place shall be cleaned per separate job order a
second time each year. Contractor shall remove debris from any catch
basins or drain inlet on an as -needed basis, whenever excessive debris is
visible or discovered by City staff.
34 CH
Cleaning shall follow a route supplied by the City Representative. Manhole
covers shall be opened, large objects removed, and a vacuum truck utilized
to vacuum out all debris. Sand and silt on the bottom of the catch basin shall
be removed. Connecting lines are to be flushed and the debris vacuumed up
at the next down stream catch basin. If entry is required, all applicable safety
procedures for confined spaces shall be followed.
During the storm season, specific catch basins in areas prone to flooding,
shall be checked prior to and during storms to insure unobstructed flow of
storm water run-off. Debris shall be removed from catch basins and curb
openings as necessary to ensure optimum flow of storm water. Debris
removed from the catch basin or environmental screens covering the basin
shall be disposed of properly, in legal manner. Contractor shall supply and
pay for all water that is used in performance of this contract.
Emergency Spill Response:
Contractor shall provide vacuum truck and personnel capable of responding to a variety of
hazardous and non -hazardous spills in the City right-of-way, within 1 hour of request, 24
hours a day, seven days a week including holidays.
Documentation and Record Keeping:
The Contractor shall submit to the City Representative weekly, a list of all locations
completed the prior week in a format to be determined by City. The list shall include the
specific addresses or locations where work has taken place; locations found to require
additional work; nature of work performed; quantity of debris removed. The Contractor
shall use forms/electronic format approved by the City.
3-1 DEBRIS PICKUP & EMERGENCY RESPONSE
3-1.1 DESCRIPTION OF WORK
The work is to be performed throughout the City and shall include, but not be limited to
daily pick up, removal and disposal of large and small commercial and residential
generated debris, appliances, a -waste and shopping carts. Contractor shall clean up and
properly dispose of small to medium size hazardous and nonhazardous spills that occur
throughout the City. The Contractor shall have the capabilities and equipment to repair and
maintain minor facilities within the City right of way. Contractor shall be able to respond to a
variety of after hours and week end call outs and provide a crew for support when needed
and service daily maintenance requests and perform minor utility repair and construction:
Contractor shall respond to emergency power outages, localized flooding or other City
emergency in the public right of way and provide portable stop signs or other warning signs
as appropriate.
3-1.2 SCOPE OF WORK - STANDARDS AND SPECIFICATIONS
The Contractor shall provide all labor, supervision, equipment; materials and supplies
needed for the removal of debris, small hazardous spill clean-ups, abandoned shopping
cart disposal, after hour call -outs and have the capability to repair and/or maintain minor
facilities within the City's right of way on a daily basis. Contractor is to provide all
equipment, labor and services as may be necessary for completing the work identified in
the Scope of Work Standards.
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Safety and Traffic Control: Bidder must provide all safety apparel, such as reflective
vests and breathing equipment, as per OSHA requirements. Traffic safety vests must
be worn by all Contractor employees at all times while on the job site. Appropriate
warning signs must be placed at each end of the work area during all operations. Work
areas are to be coned off to public access. Vehicles used in the city right of way must
have working amber warning lights and a truck mounted or towed arrow board in
operating order. Contractor shall have an inventory of the following signs available for
City of Costa Mesa call outs.
* 40 Street Flooded signs mounted on type 2 fold out barricades.
* 40 portable Stop Signs mounted on self standing barricades
* 5 Road Closed
* 5 Lane Closed Ahead
* 5 Detour
Contractor shall submit with his bid a detailed comprehensive emergency management
disaster plan as it would pertain to a Public works response, which addresses but is not
limited to the following areas: planning, training, record keeping, logistics, heavy equipment
inventory, response time, traffic control inventory, traffic routing plan and large spill
containment plan. Contractor shall have available at all times within the City of Costa
Mesa's limits, the equipment, manpower and posses the training necessary to assist the
City of Costa Mesa emergency operations in the advent a natural or man made disaster.
Contractor shall have current O.E.S., F.E.M.A., E.O.C. and N.I.M.S. training. Contractor
must include a detailed incident communications plan and have the ability to communicate
effectively to all responding agencies prior to and during a disaster emergency.
Licenses and Certifications: Contractor's personnel assigned to the work in this section
shall possess valid Confined Space Entry Certification, First Responder -Operational
Certification, IMSA Work Zone Safety Certification.
All work will be performed in compliance with the California Storm Water Best Management
Practices. Storm drain perimeters will be blocked so as to prevent polluted water from
entering storm drains. Discharge of any polluted water into storm drains is strictly
prohibited
3-1.3 SPECIFICATIONS
Debris Removal: Removal of commercial a ' nd residential generated debris and any
discarded items in the city right of way or as requested by the City Representative. The
Contractor shall pickup and dispose of furniture, tires and other large and small items or
debris that are found during daily inspections of the city's streets, alleys and rights-of-way
or by issued job order. All debris shall be collected, stored and recycled or disposed of in a
legal manner.
Electronic Waste (e -waste) The Contractor shall pickup, store and dispose of e -waste that
is found during daily inspections of the City's streets, alleys and rights-of-way or by issued
job order. E -waste shall include but not limited to: televisions, computers, computer
monitors, microwave ovens etc. All e -waste shall be collected, stored and recycled or
disposed of in legal manner.
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Spill Response:
Small/Medium Spills: All personnel involved in spill response shall be certified as a First
Responder- Operational under Federal Regulations regarding Hazardous Waste
Operations and Emergency Response: 29 CFR 1910.120.
Response time to the location of small/medium spills shall be within 30 minutes of
notification.
Small spills:
Include hydrocarbon spills of ten (10) gallons or less, such as gasoline, diesel, motor oil,
kerosene, or other fluids such as anti -freeze, etc.
Absorbent material utilized for the removal of spilled liquids in the public right-of-way must
be placed in a sealed container, appropriately labeled and taken to the City's designated
hazardous -material storage location during normal business hours for disposal by a
licensed disposal company. Location: City Corporation Yard, 2300 Placentia Avenue,
Costa Mesa, CA. The costs for the actual disposal will not be the responsibility of the
Contractor.
The Contractor shall have the capability to provide adequate quantities of sand for
containment, block storm drains and assist in traffic control. Materials such as sand and
absorbent that have come in contact with the spill and are greater than 10 gallons must be
removed by a licensed environmental clean up company. If necessary Contract will provide
a street sweeper to assist in clean up. Hazardous materials such as corrosives, poisons,
explosives, highly volatile fuels, or unknown substances, will be the responsibility of the City
of Costa Mesa Fire Department to coordinate a response and facilitate the clean up.
Contractor must notify the City Representative of all hazardous material collected and
maintain all required documentation.
Large Spills:
Larger spills, those of unknown origin, or spills of substances that are inherently dangerous
shall be reported to the City of Costa Mesa Fire Department to coordinate response.
Contractor will provide sand, block storm drains and assist with traffic control as requested.
Large quantities of materials such as sand and absorbent that have been provided by
Contractor, but come in contact with the spill shall be removed by an environmental clean
up company at no cost to the Contractor.
Hazardous Material Team Response:
A spill or release of any quantity of toxic, reactive or unknown type of chemical will require a
response of a Hazardous Material Team from the Joint Powers Authority. Contractor will
immediately contact the City of Costa Mesa Fire Department or '911' Communication
Center when encountering a toxic, reactive or unknown type of chemical.
3-1.4 DISPOSAL POLICY
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If a small spill of non -hazardous liquid in the public right-of-way originated from a residence
and not a business, the Contractor may leave the material and absorbent with the property
owner. The property owner should be instructed to take the absorbed material to the
Household Collection Center, 17121 Nichols Street, Huntington Beach, (714)665-6970.
Contractor should ensure that the property owner understands the material is not to be
taken to a regular dump site or placed in the trash. Contractor should explain that persons
who improperly dispose of hazardous material will be subject to prosecution.
If the material is abandoned on City property and the responsible party cannot be located,
the material shall be placed in a sealed container by the Contractor and each container of
absorbed material will be identified with the name of the Company personnel, incident
number, type of material (to the best of the Company Officers ability), date, location where
the material was found, and any other pertinent information.
The container(s) of absorbed material shall be taken to the City's designated hazardous
material disposal location in for pick up by a licensed disposal company at the City's
expense.
If the spill is on a business property, the Contractor may leave the material with the
business and advise the owners then to contact a licensed disposal company.
3-1.5 SHOPPING CART RETRIEVAL
The Contractor shall pickup, store and dispose of specified shopping carts (carts) that are
found in the public right-of-way during daily inspections of the City's streets, alleys and
rights-of-way or by issued job order. Carts not in the public right-of-way or on public
property shall not be subject to this specification. Specified carts shall be collected, stored
and/or disposed of in a manner consistent with City guidelines as stated below.
The Contractor shall abide by the following procedure:
When either a job order is issued or a cart is discovered by the Contractor, the Contractor
will examine the cart to see if a'cart retrieval service' is contracted to retrieve that particular
retailer's cart. If the cart's owner has a contracted service, the Contractor shall contact the
appropriate company by telephone to retrieve the cart (see the list below) and leave the
cart as found. If not, the Contractor shall remove the cart from the public right-of-way. The
retrieved carts) shall be tagged by the Contractor with City -provided labels as to the
location and date found. The carts with ownership identification will be stored by the
Contractor for thirty (30) days and if not claimed by owner or City Representative, disposed
of in a legal manner. Carts with no ownership information on them shall be removed from
the public property or right-of-way and disposed of in a legal manner after five (5) days, as
stated below.
The number, owner (or unknown), location and time the cart(s) were retrieved, shall be
provided to the City Representative daily, by facsimile or other electronic method.
Within 24 hours of discovery for carts with known ownership the Contractor will notify the
applicable business that the cart has been impounded and how it may be retrieved. The
cart shall be stored for 30 days following notice of the owner of the cart. If the owner
wishes to retrieve the cart(s), he/she must provide proof of ownership and payment of any
City mandated fees prior to the cart(s) being released by the Contractor.
38 q`3
Retailers with cart retrieval services and which company provides the service:
Hernandez Cart Retrieval
888.233.2278
Kmart
Henry's Market
Target
TJ Maxx
Marukai
Trader Joe's Santa Ana
99 Cent Store
California Shopping Cart Retrieval Corp.
800.252.4613
Albertsons
Ralphs
CVS
Bev Mo
Marshall's
Smart & Final
Growers Direct
PetSmart
Staples
Stater Brothers
Fresh N Easy
Von's
3-1.17AFTER HOURS EMERGENCY RESPONSE
Contractor shall respond to a variety of after hours and weekend emergency call -outs and
provide a crew for support when needed. Hours shall be Monday through Friday 5:00 pm to
6:00 am and 24 hours each day on weekends and Holidays. Contractor shall have working
personnel on site within'/2 hour of the call -out.
Work may include, but not be limited to rain and street flooding support, road clearing
operations, debris removal within roadways; removal of debris brought curbside by
residents, large tree limbs, spill clean ups, traffic signal failures, etc. Waste streams may
include but not be limited to municipal solid waste, vegetative debris, demolition debris,
white goods and scrap steel and household hazardous waste. Contractor shall provide
necessary lane closures and traffic support for the incident and shall be responsible for the
removal and proper disposal of items involved in the incident.
Contractor shall be responsible for installing temporary signage for street flooding and
traffic signal outages at the request of the City representative. Contractor shall have the
ability to respond within 1 hour of the call -out and provide this service 24 hours a day,
seven days a week. Placement of flooded signs may be requested prior to storm activity at
locations designated by the City representative. All traffic control devices placed in the
public right of way by Contractor shall be per the 'Work Area Traffic Control Handbook"
W.A.T.C.H.
C*
...........
......... .
......... ...
Lane Closures and Traffic Support: When requested by City Representative, Contractor
shall provide traffic control in emergency and non -emergency situations as requested by
the City Representative or assignee per the following guidelines.
Street closures, detours, signs and barricades used for directing traffic shall conform to the
requirements of latest edition of the "Work Area Traffic Control Handbook" (WATCH), City
Standard Plan 1125F (SP 1125F) and these Special Provisions.
Traffic control plan must be submitted and approved before starting work on any public
street, except for the following temporary closures:
• Temporary single lane closure on 4 or 6 -lane arterials can be done per WATCH
handbook with out submitting traffic control plan.
• Temporary two lanes closure on 6 -lane arterials may be done per WATCH
handbook with out submitting traffic control plan. However, this will require prior
approval from Traffic Engineer.
• Temporary closure of Local Street may be done per WATCH handbook without
submitting traffic control plan. However, this will require prior approval from Traffic
Engineer.
Flashing arrow signs shall be used on all streets or where deemed necessary by the City's
Transportation Division. The flashing arrow signs shall be solar powered and left in place
for the duration of the lane closure.
Temporary striping installation for traffic control may be paint or removable tape or
approved equivalent.
Any existing speed limit signs or other conflicting signs in the construction zone shall be
covered during construction with heavy duty black plastic (non transparent) sheets or bags,
which are secured to the sign post below the sign, with tape. In no case shall tape be
applied to either front or back of any sign.
Intersections shall be kept open until work takes place within the intersection. Local
vehicular and pedestrian access, including access to driveways and businesses, shall be
maintained at all times. Pedestrian access (minimum 4 -foot width) across both streets in an
intersection must be maintained at all times.
Where parking is prohibited during construction, "TEMPORARY NO PARKING" signs shall
be posted at least twenty-four hours, but no more than forty-eight hours, in advance of the
work. The signs shall be placed no more than 150 feet apart on each side of the alleys,
streets and parking areas and at shorter intervals if conditions warrant. The Contractor shall
provide the signs and will be responsible for adding the dates and hours of closure to the
Signs.
Compensation for all traffic control shall be considered paid for under other items of work
involved and no additional compensation will be allowed therefore.
Service Daily Maintenance Reguests and Minor Utility Repair and Construction: Contractor
shall include but not be limited to providing labor and materials to repair and maintain guard
rails, block walls, temporary concrete repairs, lot grading, bollard installations and various
other minor maintenance as requested by the City Representative or assigned through a
job order. This work will be on a time and material compensation basis.
40 T-
Appliance Removal and Disposal: Contractor shall pick-up and dispose of appliances
discarded in the City rights-of-way or as requested by the City Representative through a job
order. Appliances shall include but not limited to: refrigerators, ovens, washers and dryers,
etc. The Contractor shall store and/or dispose of all appliances collected in a legal manner.
Reporting_ The tonnage of all materials generated by the Contractor in the course of this
contract, which are deposited in a landfill, shall be reported on a monthly basis to the City
Representative. Contractor shall recycle all materials which are capable of being recycled
and maintain records of tonnage of items recycled, which shall also be reported on a
monthly basis to the City Representative to assist the City in complying with and reporting
pursuant to AB, 939.
4-1 VEGETATION MANAGEMENT & RODENT CONTROL SERVICES
4-1.1 SPECIFICATIONS — VEGETATION MANAGEMENT AND RODENT CONTROL
4-1.2 SCOPE OF WORK
The Contractor shall supply all labor, materials; including pesticides (herbicides,
insecticides, rodenticides or other pest control materials) required for this contract.
rhe Contractor shall provide a complete vegetation management and rodent control
program including but not limited to the oversight, labor, tools and equipment necessary for
the safe, legal application of E.P.A. registered materials to control vegetation (weeds) and
rodents in the public rights-of-way within the City of Costa Mesa.
The Contractor shall provide to the City Representative prior to any application of materials,
a complete, current, Material Safety Data Sheet (MSDS) for all hazardous substances as
required by labor code sections 6832 and 6390, General Industrial Safety Order Section
5194 and Title 8, California Administrative Code.
Some or all of the work specified herein is currently performed under contract. The City
reserves -the right to include or exclude this work from a contract in its sole discretion.
Locations
See Exhibit A.
4-1.3 QUALITY OF WORK
The City Representative or his/her designee shall be the sole judge as to the adequacy and
quality of maintenance. To insure consistent quality of the work being performed, the City
Representative will inspect all areas covered by this contract at the beginning of the third
week of each month. Any deficiencies will be recorded on the Performance Deficiency
Notification form, see Exhibit B, and submitted to the Contractor for review and corrective
action. At the end of the month the City Representative will re -inspect the deficient areas;
complete and submit a Performance Deficiency Status Memo, see Exhibit B, to the
Contractor. Any deficiencies not corrected by the end of the month will have a dollar value
assigned and that amount will be deducted from the monthly payment. The bid prices
quoted by the Contractor in Exhibit A will be used to determine the dollar value of any
deficiencies.
4-1.4 REQUIRED REPORTS
Contractor shall be responsible for the filing of all records and reports, including but not
limited to 'Notice of Intent to Apply', Pesticide Use Reports, or others as specified by all
County of Orange, State and Federal agencies. Reports shall contain accurate and valid
information. Copies of all records and reports shall be submitted to the City at the same
41 0
time as submitted to the regulatory authority, with the exception of the `Notice of Intent to
Apply', which shall be submitted prior to application of pesticide. Copies of all records,
notices, violation or other documents provided or issued to the Contractor by any regulatory
agency shall be provided to the City within five (5) working days of issuance.
Contractor shall record and maintain accurate records of all pesticide applications.
Records to include date, time of day, location, type of chemical, quantity chemical, method
of application, name of licensed applicator and license number, and environmental
conditions data.
If required by the City Representative, a pest monitoring report for each site shall be
submitted to the City by the first day of each month. This report shall include the site
number, date, identification, extent, and location of pest problems (if any), record of
previous control measures, name of inspecting personnel, and proposed control measures
if deemed necessary.
The City shall be notified verbally within 48 hours and in writing within 5 working days of
any new pest problems previously unreported and observed by the Contractor.
4-1.5 PESTICIDE APPLICATION AND RODENT CONTROL
The Contractor shall maintain a set of the contract documents at the project site at all times.
The Contractor shall supply to the City Representative, prior to applying any material,
Written Recommendations completed by a Pest Control Adviser for all pesticides per
California Department of Pesticide Regulation (CDPR) applied within the City.
The Contractor's Applicator shall have in their possession when performing the application
of any pesticide all CDPR required documents. MSDS safety sheets for the product that is
being applied and a Pest Control Recommendation written by a Pest Control Adviser
licensed by the State of California, Department of Pesticide Regulations.
4-1.6 REQUIRED LICENSES
The Contractor shall, prior to submitting bid and during contract period, possess all licenses
and permits required for the performance of the work required by this contract. Contractor
must possess a Business License for Pest Control and must possess or employ person(s)
possessing a valid Pest Control Advisers License in the appropriate category (A, B, D, E &
G) and a valid Qualified Applicators License in the appropriate category (A, B, C & F). In
addition, all persons performing pest control and handling pesticides shall possess a valid
Qualified Applicator Certificate in the appropriate category.
4-1.7 LOADING AND MIXING
The Contractor shall use proper safety equipment for loading and mixing pesticides, as
required by the DPR and in full compliance with the product label. The Contractor is
required to cavy a spill kit on the vehicle. The Contractor will be required to follow proper
clean up procedures in the event of a spill. The Contractor is required to triple rinse all
42 -41
containers into the spray tank, puncture container and dispose of container in a proper
manner. Contractor is responsible for obtaining and paying for water used in conjunction
with this specification.
4-2 PESTICIDE AND RODENT CONTROL SPECIAL PROVISIONS
Pesticide application and rodent control shall be performed as directed on City owned or
controlled, streets, sidewalks, alleyways, vacant lots, embankments, parking lots, drainage
ditches or channels, easements, rights-of-way to manage weed, pest or rodent populations
at a level acceptable to the City. Parks and landscaped areas are excluded.
4-2.1 DAMAGED LANDSCAPE MATERIAL REPLACEMENT POLICY
Plants damaged or destroyed as a result of the improper application of materials or
Contractors negligence shall be replaced at Contractor's expense. All replacement plants
shall be inspected and approved by City prior to installation. All landscape improvements
or repairs shall conform to the City of Costa Mesa Landscape Specifications and Details.
4-2.2 IRRIGATION REPAIRS
Damage to irrigation equipment caused by the Contractor shall be the responsibility of the
Contractor to repair within 24 hours of occurrence, self-discovery or notification by the City.
All replacement parts and materials are to be same manufacturer, type, model and quality
as original installation, unless a substitute is approved by City representative. Failure to do
so will result in City a deduction from the payments. In addition, a performance deficiency
notice will be issued to the Contractor.
4-2.3 IRRIGATION SCHEDULING
The Contractor shall submit to the City Representative a minimum of 48 hours prior to
application, any requested irrigation scheduling changes necessary to support pesticide
application schedules. A detailed schedule of areas to be treated, listing specific dates and
times so irrigation systems shall be submitted at the same time as the irrigation schedule
change request. City staff will adjust irrigation as requested to accommodate the work.
4-2.4 RODENT CONTROL
Contractor shall be responsible for the eradication and control of ground squirrels, gophers,
rats or other rodents, as deemed necessary by the City, on a continual basis, during the
term of the contract. All mounds, burrows, or other damage shall be repaired (mounds
leveled, burrows sealed with soil) by Contractor as required by City.
The Contractor shall provide all necessary chemicals or other materials necessary for
rodent control. Costs shall be included in the hourly rate for the application for this
material.
4-2.5 VEGETATION MANAGEMENT
Control of unwanted vegetation, as determined by the City, shall be the responsibility of the
Contractor. Written recommendations by a DPR Licensed California Agricultural Pest
43 d, ID
Control Adviser are required to be submitted to the City prior to any application of
pesticides. Control shall mean the prevention, control or eradication of any pest to the
satisfaction of the City. The City may determine an acceptable level of impact by any pest
and adjust the pest control program of the Contractor accordingly.
4-2.6 WEED ABATEMENT AND DEBRIS REMOVAL SPECIFICATIONS
The work to be done shall consist of destroying weeds, wild grass, and poisonous or
noxious plants and removing rubbish (including but not limited to scrap metals, junk,
disassembled parts of -automobiles or machinery, furniture, mattresses, tires, concrete,
asphalt, bricks or other construction or demolition materials, debris, litter, cardboard, metal
cans, glass, cut brush, dead trees, tree limbs and similar materials), garbage, (including but
not limited to animal matter including feces, fruit or vegetable matter) and trimming trees
and bushes from alleys designated by the City Representative.
Discovery of hazardous waste or hazardous materials shall be reported to the City
Representative.
All work, which is determined by the City Representative to be defective or deficient in any
of the requirements of the specifications, shall be remedied by the Contractor at his
expense in a manner acceptable to the City Representative.
The Contractor is required to complete the "Equipment Listing" form and include it with the
proposal. Minimum equipment is listed below.
Contractor shall complete work within the time period set forth as follows:
Contractor shall have the ability to clean alleys at the rate of no less than 18,000 square
feet per day excluding any unforeseen circumstances that may cause work to be delayed
provided that this amount of work is available.
Work shall be completed in the same order in which issued by the City Representative; i.e.
no invoice will be paid for any of the cleaning of any alley until all previous alleys have been
completely cleaned. All invoices shall be submitted within fourteen (14) days of completion
of work.
The Contractor shall perform all work necessary to complete the provisions of this contract
in a satisfactory manner unless otherwise provided. The Contractor shall furnish all
equipment, tools, materials, supplies and labor necessary to complete the work and
dispose of all debris generated in conjunction with the work.
All City owned alleys as shown in Exhibit 13, for weed abatement and alley cleaning, shall
be thoroughly cleaned of all weeds, grass, noxious growth, trash, rubbish and garbage and
furniture in the following manner:
All alleys to be cleaned shall be cleaned to the property line or right-of-way limit as directed
by the City Representative. All weeds, grasses, or noxious growths along fences, buildings,
in corners or along edges of parcels shall be mowed or cut by hand-held implements to not
more than two (2) inches above the ground.
001
44
Debris generated from vegetation mowing or removal shall be gathered and removed from
the site and disposed of in legal manner.
All parkways and gutters in front of alleys and or lots with abutting curbs and sidewalks
shall be cleaned of all weed or noxious growths. Any concreted or asphalted area upon
parcel being cleaned shall be swept and/or blown clean of any and all rubbish or debris.
Vegetation shall be cut to not more than two (2) inches above grade and such vegetation
shall be removed. The abutting public sidewalk shall also be thoroughly cleaned.
4-3 WEED CONTROL OF PAVED SURFACES
Contractor shall be responsible for controlling, by chemical means, weeds growing in
cracks, or expansion joints, off public curbs, gutters, sidewalks and areas contiguous to the
City landscape.
4-3.1 RECORDS
Before removing rubbish and/or garbage or abating any weeds from a property, the City
Representative shall photograph the property as is necessary to show all rubbish and/or
garbage to be removed or any weeds to be abated.
The City Representative will keep an accurate record of all properties cleaned by the
Contractor and if any controversy shall arise as to parcels cleaned by the Contractor, the
decision of the City Representative will be final.
Payment for miscellaneous handwork will be made only for the actual work done and actual
area worked upon any property as determined by measurements made by the City
Representative.
Work performed on multiple contiguous properties shall be considered as a single property
and shall have individual square foot areas totaled to determine the applicable rate for
calculating payment to the Contractor.
"fhe Contractor shall prepare an itemized written invoice for each parcel cleaned.
Invoices are to be submitted on the first day of each month, or as frequently as deemed
necessary by the City Representative. The invoice shall identify the parcel cleaned, and the
work order issued for the parcel, and shall contain an approximate calculation of the
amount of work done. The Contractor shall mail all invoices to:
City of Costa Mesa
Attention Accounts Payable
P.O. Box 1200
Costa Mesa, CA 92628-1200
45
4-4 MEASUREMENT AND PAYMENT / SPECIFIC
The unit of measurement and payment for work performed shall be the square footage of
various size categories specified in the proposal.
Payment for removal and disposal of rubbish, garbage, trash, and appliances shall be by
the compacted cubic yard. Removal of less than one (1) cubic yard on any lot shall be
included in the bid price.
Section II of the bid proposal form includes "Reference Bid Items". Item No. 1 thereunder
for "Miscellaneous Hand Work" refers to parcels of work where only handwork is involved
and does not apply if mowing is involved. Miscellaneous handwork will be determined by
City Representative, and may include, but not be limited to dirt removal, tree trimming, or
hedge trimming.
4-5 SCHEDULING OF WORK
On a monthly basis or more frequently if the City determines it is necessary, the Contractor
will provide a comprehensive schedule for the work to be conducted during the next work
period. The schedule shall be of the calendar type and shall list the tasks to be
accomplished per site and the number of employees and man-hours that will be dedicated
to the work.
City Representative may schedule treatment or debris removal when needed on sites not
listed in Exhibit A.
The schedule shall be submitted to the City five (5) working days prior to the first working
day of the month or work period. The Contractor shall accomplish all normal work required
under this contract between the hours of 7:00 a.m. and 4:00 p.m., Monday through Friday.
The permissible Arterial street spraying hours are 8:30 a.m. to 3:30 p.m. The City may
grant, on an individual basis, permission to perform contract maintenance at other hours.
No maintenance functions shall be commenced before 7:00 a.m.
Prior to commencing work, the Contractor shall meet with the City representative to review
areas to be treated and document the starting time. The Contractor shall make contact with
the City Representative when the assigned tasks have been completed and prior to leaving
the City. The City will begin paying the appropriate hourly rate when the Contractor arrives
at the job site and continue payment until the assigned work has been completed and the
Contractor notifies the City representative. No compensation will be paid for lunch and/or
break periods. No compensation will be paid for travel time except within the City during
the performance of the work.
4-6 INSPECTIONS
Inspections will be performed by the City Representative at specified times and/or random
visits when the Contractor may be on the site.
All inspections called for by the Contractor shall be requested from the City Representative
at least forty-eight (48) hours prior to the anticipated inspection.
1$3
46
All work shall meet the approval of the City, or be rectified by the Contractor to a condition
that meets acceptance at no additional cost to the City. If the Contractor calls for
inspections and is not ready for the inspections, he/she shall be charged hourly, including
travel time for all members of the team of inspectors involved.
4-7 GENERAL CLEAN UP
The Contractor is required to insure that all materials or carcasses related to pesticide,
herbicide and rodenticides applications be thoroughly cleaned up and removed from the
work site at the conclusion of each work day. All locations shall be left in an acceptable
condition to the City. In the event the site is left in an unsatisfactory condition, the
Contractor will be required to return to the site and correct the unsatisfactory condition. No
debris may be left on site or placed in a roadway or drainage structure that is part of or
drains to the City's storm water collection system.
M
47
City of Costa Mesa Lots, Easements and Right-of-ways, etc.
The following are City areas to be maintained as per the Specifications.
EXHIBIT A
1
Adams Avenue — Mesa Verde Drive East to the Santa Ana River — parkways and tree
2
Placentia Avenue — Adams to West 1 r Street — parkways, sidewalks and tree wells
3
Canyon at West Wilson — sidewalk and tree wells
4
Sea Bluff Drive — Canyon to Valley — parkway and sidewalks
5
Newport Blvd — East side, East 1 r to East 19 — sidewalk and tree wells
6
Newport Blvd — 19 to Bristol — tree wells, parkways and planters along freeway
7
Rue De Cannes — West side, south of Monte Vista — parkway (oleanders)
8
Monaco — Riviera to Monte Vista — parkway (oleanders)
9
Redlands — North of 23rd Street — parkway
10
Fairview Rd — Newport to 405 freeway — sidewalk and tree wells
11
Fairview Rd — at 405 freeway — slopes on both sides of street
12
Gisler Ave — Harbor to College — parkway
13
Gisler Ave — Harbor to Golf Course Drive
14
Bike Trail — Harbor to Wilson (Joann Bike Trail)
15
Bike Trail — Harbor to Golf Course Drive (Harbor Bike Trail)
16
Harbor — Fair to West Wilson — West side parkway and bike trail
17
South Coast Drive — Carmel to San Leandro — sidewalk on north side
18
Sunflower — Greenville to Bear — sidewalk on south side
19
Smalley — Sunflower to Santa Rosa — west side sidewalk and tree wells
20
Paularino — Manistee to Ludington — parkway and sidewalk
21
Paularino — East of Bear — south sidewalk and tree wells
22
Pullman — North of Paularino — west side parkway along freeway fence
23
Baker — Babb to Fairview — north side parkway and sidewalk
24
Yukon — Yukon to Shiffer Park — easement adjacent to 405 fwy
25
Concord at Jefferson — easement adjacent to 405 fwy
26
Elden — 21 st to 22" — west side parkway
27
Sterling and Victoria — vacant lot
28
Carnegie — Elmhurst to Fair — easement behind sidewalk
29
Del Mar Community Garden — perimeter and between rows
30
Hamilton and Charlie Community Garden — perimeter and between rows
48 1� 5
31
Myran Drive - vacant lot
32
Irvine Ave - between Walnut and Costa Mesa Street - west side of street
33
Behind the following businesses on East 17"' Street at the very back of the properties: 468,-
450, 448, 420. These locations are all on the north side of 17th Street
34
Fairview Road slope at San Diego Freeway, north side
35
Gisler Street - south side of street from 1843 Gisler to Flood Channel
36
Victoria Street - north side of street between Vista Park and Flood Channel
37
Park property from north end of Pacific to the north end of Canyon
38
Northwest corner of Flower and Fullerton sidewalks and parkways
39
Norse street - east side of the street between Brentwood and Santa Isabel
--40—
22"" Street - between Stater Brothers and Elden - south side of street
41
Harbor Blvd and 405 freeway - both sides
42
73 Freeway over Bear Street - both sides
43
Baker Street and 73 Freeway - both sides
44
Bristol and 73 Freeway - both sides
45
55 Freeway and Bristol Street - both sides
46
Baker Street and 55 Freeway - both sides
47
Paularino and 55 Freeway - both sides
48
Harbor Blvd - MacArthur Blvd to le Street
49
Fairview Road - Sunflower Avenue to Newport Blvd
50
Sunflower Ave - Bear Street to Main Street
51
South Coast Drive - San Leandro Lane to Bear Street
52
South Coast Drive - Fairview Road to Harbor Blvd
53
Bear Street - Sunflower Ave to 405 Freeway
54
Bristol Street - Sunflower Ave to Baker Street
55
Avenue of the Arts - Sunflower Ave to Anton Blvd
56
Sakioka Drive - Sunflower Ave to Anton Blvd
57
Redhill Ave - 405 Freeway to McCormick Ave
58
Mesa Verde Loop - Adams Ave to Adams Ave
59
Adams Ave - Harbor Blvd to Fairview Rd
60
Golf Course Drive - Mesa Verde East to Tanager Drive
61
Merrimac Way - Harbor Blvd to Fairview Rd
62
Fair Drive Parkways - Harbor Blvd to Fairview Road
63
Victoria Street - Canyon Drive to Harbor Blvd
49
64
19 Street — Park Ave to Fullerton
65
Newport Blvd — 1 9th Street to 16 Street
66
Golf Course Bike Trail (south side) — Placentia Ave to Harbor Blvd.
67
Golf Course Bike Trail (north side) — Tanager Drive to Harbor Blvd
68
Newport Blvd (south bound) — Bristol Street to 19th Street between the curb and the
Caltrans fence
69
Newport Blvd (north bound) — 19 Street to Bristol Street between the curb and the
Caltrans fence
Main City Arterials (Hardscapes, Sidewalks, Curb and Gutters)
1
Harbor Blvd — City limit to City limit
2
Fairview Road — City limit to City limit
3
Newport Blvd — City limit to City limit
4
Adams Ave — City limit to City limit
5
Victoria Street — City limit to City limit
6
Sunflower Street — City limit to City limit
7
Bristol Ave — City limit to City limit
8
Fair Drive — Harbor Blvd to Irvine Ave
Additional Areas
1
Rue De Cannes Parkway
2
Canyon Pl. and Wilson St. Easement
3
Bike Trail — Harbor Blvd, Joann Street, North side of Golf Course.
4
Sea bluff Parkway
5
Canyon Parkway
6
Canyon Parkway (Parsons School)
7
Andros/Elm Parkway
8
Pullman Parkway
9
Carnegie Parkway
10
Traffic diverters — Monrovia, National, Joann Street
11
Paularino — Parkway west of Manistee and Medians at the 55 Freeway
BEr
50
Barricaded Streets
1
Continental Ave and Oak St.
2
Federal St and Oak St.
3
Monrovia Ave and 20th St
End of Streets
1
Green St (Off of Watson St)
2
Dublin St (Off of Watson St)
3
Wake Forest Dr — E.O. College Dr.
4
Pacific Ave — N.O. Wilson St.
5
Yukon Ave
6
Parkview Circle
7
Jacaranda Ave.
51
EXHIBIT B
INDEX OF PUBLICLY OWNED ALLEYS IN THE CITY OF COSTA MESA
Alley # Street From To
0
4
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
E 1(
31
19TH STREET
VICTORIA STREET
PLACENTIA AVENUE
BANNING PLACE
POMONA AVENUE
PLUMER STREET
ANAHEIM AVENUE
19TH STREET*
18TH STREET*
PARK DRIVE
PALACE AVENUE
STERLING AVENUE
PALACE AVENUE
STERLING AVENUE
CHARLE STREET
HARBOR BOULEVARD
BERNARD STREET
BERNARD STREET
JOANN S"fREET
POMONA AVENUE
MEYER PLACE
FOUNTAIN WAY WEST
FOUNTAIN WAY EAST
FOUNTAIN WAY WEST
FOUNTAIN WAY EAST
CLUBHOUSE FRONT.
CLUBHOUSE CIRCLE
HICKORY DRIVE
PEPPERTREE LANE
HARBOR BOULEVARD
GISLER AVENUE
MONROVIA
SEA BLUFF
19TH
PACIFIC
OHMS
POMONA
PLUMER
HARBOR
HARBOR
ANAHEIM
20TH
20TH
19TH
19TH
BERNARD
CHARLE
BERNARD
19TH
PLACENTIA
JOANN
JOANN
JOANN
JOANN
JOANN
JOANN
CLUBHOUSE
CLUBHOUSE
PONDEROSA
ROYAL PALM
BAKER
CORIANDER
EAST END
EAST END
NORTH END
CANYON
16TH
ALLEY 7
CENTER
NEWPORT
NEWPORT
18TH
HAMILTON
POMONA
20TH
20TH
CHARLE
BERNARD
BERNARD
19TH
HARBOR
ALLEY 19
ALLEY 19
ALLEY 19
ALLEY 19
WILSON
WILSON
CLUBHOUSE
CLUBHOUSE
ALLEY 29
ALLEY 30
PONDEROSA
CINNAMON
Page
1
6
1
4
1
1
4
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
6
6
2
2
2
2
5
32
CORIANDER DRIVE
CORAL
ALLEY 33
2
33
CINNAMON AVENUE
CORIANDER
CARAWAY
2
34
CASSIA AVENUE
CARAWAY
WINTERGREEN
2
35
GINGER AVENUE
CARAWAY
WINTERGREEN
2
36
MACE AVENUE
CARAWAY
WINTERGREEN
2
37
HARBOR BOULEVARD
MACE
MACE
2
38
MACE AVENUE
NUTMEG
CORSICA
2
39
DEODAR AVENUE
NUTMEG
BAKER
2
40
BAY STREET
FORD
PARSONS
1
41
FORD STREET
PARSONS
FORD
1
42
NEWPORT
HARBOR
19TH
1
BOULEVARD
43
PETERSON PLACE
PETERSON
ADAMS
2
44
BAKER -STREET
COLLEGE
BAKER
2
45
FAIRVIEW ROAD
MCCLINTOCK
WEST END
2
46
FAIR DRIVE
VANGUARD
WEST END
5
47
COOLIDGE AVENUE
PAULARINO
BAKER
3
48
FILLMORE WAY
PAULARINO
ALBANY
3
49
FILLMORE WAY
ALBANY
BAKER
3
50
GARFIELD AVENUE
PAULARINO
BAKER
3
51
MENDOZA DRIVE
BAKER
MENDOZA
3
52
ORANGE AVENUE
OGLE
NORTH END
4
53
SPARKS STREET
ALLEY 52
WESTMINSTER
4
54
17TH STREET
SANTA ANA
TUSTIN
4
55
17TH STREET
IRVINE
WEST END
4
56
OGLE STREET
ORANGE
WESTMINSTER
4
57
OGLE STREET
WESTMINSTER
SANTA ANA
4
58
ORANGE AVENUE
16TH PL.
16TH ST.
4
59
SANTA ANA AVENUE
16TH
SOUTH END
4
60
RIVERSIDE PLACE
16 -FH
TUSTIN
4
61
NEWPORT
ALLEY 62
NORTH END
4
BOULEVARD
62
16TH STREET
NEWPORT
ORANGE
4
FRONT.
63
KNOX PLACE
ORANGE
WESTMINSTER
4
64
KNOX PLACE
WESTMINSTER
EAST END
4
53 lb
«
.:
72
73
74
75
91
92
93
94
95
96
KNOX PLACE
KNOX STREET
PALMER STREET
WESTMINSTER
AVENUE
PALMER STREET
19TH STREET
19TH STREET
19TH STREET
TUSTIN AVENUE
19TH STREET
NEWPORT
BOULEVARD
FLOWER STREET
FLOWER STREET
FLOWER STREET
FLOWER STREET
FLOWER STREET
FLOWER STREET
NEWPORT
BOULEVARD
BROADWAY
BROADWAY
BROADWAY
BROADWAY
BROADWAY
BROADWAY
BROADWAY
NEWPORT
BOULEVARD
MAGNOLIA STREET
MAGNOLIA STREET
MAGNOLIA STREET
MAGNOLIA STREET
18TH STREET
18TH STREET
ORANGE
WESTMINSTER
WESTMINSTER
PALMER
WESTMINSTER
ORANGE
WESTMINSTER
TUSTIN
19TH
IRVINE
FLOWER
FULLERTON
ORANGE
ORANGE
WESTMINSTER
RAYMOND
TUSTIN
BROADWAY
FULLERTON
ORANGE
ORANGE
WESTMINSTER
SANTA ANA
RAYMOND
TUSTIN
MAGNOLIA
FULLERTON
ORANGE
WESTMINSTER
TUSTIN
SANTA ANA
18TH
54
WESTMINSTER
EAST END
ORANGE
15TH
SANTA ANA
WESTMINSTER
SANTA ANA
EAST END
FLOWER
ALLEY 73
BROADWAY
ALLEY 75
WEST END
WESTMINSTER
SANTA ANA
TUSTIN
IRVINE
MAGNOLIA
ALLEY 82
WEST END
WESTMINSTER
SANTA ANA
RAYMOND
TUSTIN
IRVINE
18TH
ORANGE
WESTMINSTER
SANTA ANA
IRVINE
EAST END
IRVINE
4
4
4
4
4
4
4
4
4
4
4
4
4
4
4
4
4
4
4
4
4
4
4
4
4
M
4
4
4
4
4
4
91
97
98
99
100
101
102
103
104
105
106
107
108
109
110.
111
112
113
114
115
117
118
119
120
121
122
fi AI
124
125
126
127
128
NEWPORT.
BOULEVARD
CABRILLO STREET
17TH PLACE
SANTA ANA AVENUE
17TH PLACE
CABRILLO STREET
NEWPORT
BOULEVARD
FULLERTON AVENUE
ROSEMARY PLACE
20TH STREET
ESTHER STREET
WESTMINSTER
ESTHER STREET
WALNUT STREET
WALNUT STREET
COSTA MESA STREET
COSTA MESA STREET
COSTA MESA STREET
NEWPORT
BOULEVARD
NEWPORT
BOULEVARD
FAIRWAY PLACE
LILLIAN PLACE
MENDOZA DRIVE
BAKER STREET
LA SALLE AVENUE
MISSION DRIVE
VALENCIA STREET
BEACH STREET
VALASCOLANE
LUDINGTON STREET
JOANN STREET
CABRILLO STREET
w `• •
20TH
20TH
WESTMINSTER
WESTMINSTER
ESTHER
RAYMOND
WESTMINSTER
SANTA ANA
FULLERTON
SANTA ANA
TUSTIN
WILSON
SOUTH END 4
WEST END
RAYMOND
SOUTH END
ALLEY 100
EAST END
SOUTH END
FULLERTON
ORANGE
SANTA ANA
ALLEY 108
WALNUT
TUSTIN
SANTA ANA
RAYMOND
ORANGE
RAYMOND
IRVINE
SANTA ISABEL
WILSON
FAIRWAY DR,
FAIRWAY DR,
EL CAMINO
ALLEY 125
ALLEY 120
LA SALLE
LA SALLE
POMONA
ALLEY 120
NORTH END
WEST END
WEST END
F,
4
4
4
4
4
4
4
4
4
4
4
5
5
5
5
3
3
3
3
3
1
3
4
01
A
56 13
4-8 PRICING INFORMATION
The hourly pricing rate shall include the cost for all administration, supervision, labor,
materials, tools, permits, special equipment, licenses, hauling and disposal fees necessary
to complete the contract requirements.
The standard unit of measurement for work to be completed is square footage. The volume
of weeds, herbicide spraying and debris removed from individual alleys, lots, public right of
ways and easements is addressed in Contractors hauling cubic yards unit price and square
footage of area maintained by herbicide application. In no other way shall the Contractor be
compensated for amount of weeds and debris removed from the alley, street and lot or
areas in which herbicide has been applied.
Section 6-9 — Liquidated Damages
The Contractor shall pay to the City of Costa Mesa the sum of $250.00 per day, for each
and every calendar day where work reported to the Contractor is not responded to and/or
corrected per the Special Provisions.
Section 7-13 Laws to be observed
The Contractor shall comply with and meet all applicable SCAQMD, OSHA, NPDES and
EPA requirements as specified. The Contractor shall be responsible to obtain those
necessary manuals and publications.
Section 9-3.3 Delivered Materials
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.
Section 9-3.4.1 Hauling Of Materials
The Contractor shall comply with the solid waste hauling provisions set forth in the City of
Costa Mesa Municipal Code Section 8-77. Failure to comply will result in an administrative
penalty of $1,000 or 3% of the project costs, whichever is greater.
Section 9-3.4.2 Water Supply
If water is needed for the work specified, Contractor shall contact Mesa Consolidated Water
District or the Irvine Ranch Water District to obtain service. 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.
14
57
MISCELLANEOUS
CONTRACT
DOCUMENTS
(SAMPLE)
3094317.1 16
ORIGINAL - COPY TO USE
Project and Specification No.
AGREEMENT
THIS AGREEMENT, dated 20 , is made by
the CITY OF COSTA MESA, a political subdivision of the State of California ("CITY"), and
a California Corporation, ("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
The Work is further described in the "Contract Documents" referred to below.
The Project is
2. CONTRACT DOCUMENTS.
(0911 1)
N
The complete Agreement consists of the following documents relating to the
Project: this Agreement; notice inviting bids; the Contractor's bid; the complete plans,
profiles, detailed drawings and specifications, including general provisions and special
provisions; the provisions of the most current edition of Standard Specifications for Public
Works Construction, published by Building News, Inc., Los Angeles, California, popularly
known as "The Green Book"; Faithful Performance Bond and Labor and Material Bond,
including agent's Power of Attorney for each Bond; certificates of insurance; Federal
funding supplement (Davis Bacon Act and equal opportunity clause), unless this item is
stricken out by the Project Manager; and all addenda setting forth any modifications or
interpretations of those documents. 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 "Standard
Specifications for Public Works Construction" (The Green Book).
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 I who shall be referred to herein as
the Project Manager ("Project Manager").
4. SCHEDULE.
All Work shall be performed in accordance with the schedule approved on behalf of CITY by
3094317.1
the Project Manager, and in accordance with the time of performance set forth in Paragraph 7.
5. 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 designee, and subject to his approval.
6. CONTRACT PRICE - $
7. TIME OF PERFORMANCE.
Work shall begin within ten (10) days after the date this Agreement is executed
by CITY unless a later time is agreed upon in writing by the parties, and the Work shall be
completed within working days from the first day of commencement of
the Work.
8. OPTION OF CITY TO TERMINATE AGREEMENT IN EVENT OF FAILURE TO
COMPLETE WORK.
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
3094317.1
exercised its option to terminate.
If CONTRACTOR is adjudged a 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.
9. 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 8 of this Agreement, charge to CONTRACTOR or his sureties, or
deduct from payments or credits due CONTRACTOR, a sum equal to $_ 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.
10. PERFORMANCE BY SURETIES.
In the event CONTRACTOR falls or refuses to perform the Work, CITY may
provide CONTRACTOR with a notice of intent to terminate as provided in paragraph 8, 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
3
3094317.1
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 9, 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.
11. DISPUTES PERTAINING TO PAYMENT FOR WORK.
Should any dispute arise respecting whether any delay is excusable, or its
b
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 decisions shall be final and binding upon CONTRACTOR and his
sureties.
12. 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.
13. 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
4
3094317.1
the premises for inspection at all times. However, CITY shall, at all times, comply with
CONTRACTOR'S safety requirements on the job site.
14. 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 be borne by
CONTRACTOR.
15. 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 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 10% retention. Upon approval of the progress payment order by the CITY Engineer, or
his 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
3094317.1
order as the amount to be paid. The retained ten percent (10%) 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 his 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 thirty-five 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), and the maximum
amount for all such claims in the aggregate paid pursuant to this provision shall be five
thousand dollars ($5,000).
16. PROMPT PAYMENT OF SUBCONTRACTORS.
The CONTRACTOR agrees to pay each subcontractor under this Agreement
3094317.1
for satisfactory performance of its contract no later than 10 days from the receipt of each
payment the CONTRACTOR receives from CITY.
The CONTRACTOR agrees further to release retainage payments to each
subcontractor within 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. This clause applies
17. 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
3094317.1
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 Standard
Specifications for Public Works Construction, published by Building News, Inc., Los
Angeles, California, more commonly known as "The Green Book." CONTRACTOR shall, at
his 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 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 his furnishing of the Bonds, nor acceptance thereof by
CITY, shall constitute a waiver of any rights or remedies available to CITY against
CONTRACTOR.
18. 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
3094317.1
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 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
9
3094317.1
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 19 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 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 his 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 CITYS 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.
19. INSURANCE.
CONTRACTOR shall not commence Work under this Agreement until he has
10 3094317.1
obtained all insurance required Linder 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
11
3094317.1 1,0�4
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
CONTIUCTOR, adding the following three provisions:
(i) Additional Insured:
The City of Costa Mesa, and its 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.
20. PROOF OF INSURANCE.
Prior to award of the contract by -the City Council of CITY, CONTRACTOR shall
furnish CITY, through the Project Manager, proof of compliance with the above insurance
requirements in a form satisfactory to the City Attorney.
21. LEGAL WORK DAY - PENALTIES FOR VIOLATION.
Eight hours of labor shall constitute a legal day's work during any one 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 CONTRACTOR or by any
12 C4
3094317.1 I(L')
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.
22. PREVAILING WAGE SCALE.
CONTRACTOR shall comply in all respects with Title 40 U.S.C. Section 276a,
also known as "The Davis -Bacon Act," where Federal government funds are involved, and
CONTRACTOR shall also comply in all respects with California Labor Code, Sections 1770
et seq., including the keeping of all records required by the provisions of Labor Code
Section 1776.
Contractor, who is engaged in the construction, prosecution, completion or
repair of any public building or public work, or building or work financed in whole or in part
by loans or grants from the Federal government, 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.
23. 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 con -tract 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 No. 1. 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.
13 3094317.1
24. 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 Labor Code, Section 1735.
25. 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.
26. 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.
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.
14 3094317.1 \ � ()
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:
The City of Costa Mesa
77 Fair Drive
Post Office Box 1200
Costa Mesa, California 92628-1200
Attention: Construction Management
Notices required to be given to CONTRACTOR shall be addressed as follows:
Notices required to be given to CONTRACTOR'S sureties shall be
addressed as follows:
"rhe 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 thisreement shall be
employees of CONTRACTOR and not employees of the CITY. CONTRACTOR shall pay
all salaries and wages, employees 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, emploVment relations, or any other relationship except as set
forth between the parties. Theparties 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 bv 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.
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,
15 3094317.1 M
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 quality 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. ATTORNEY'S FEES.
In the event any legal proceeding is instituted to enforce any term or provision
of this Agreement, the prevailing party in.said legal proceeding shall be entitled to recover
attorney s fees and costs from the opposing party in an amount determined by the Court to
be reasonable.
33. 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.
34. 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
16 3094317.1 1 � -0*U
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.
34. 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
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.
38. 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.
17 i
3094317.1 1 1_�
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.
(THE REMAINDER OF THIS PAGE LEFT INTENTIONALLY BLANK. SIGNATURE
PAGE FOLLOWS.)
18 114
3094317.1
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
ATTEST:
City Clerk of -the City of Costa Mesa
City Attorney
APPROVED FOR CONTENT:
Project Manager
CITY OF COSTA MESA
Mayor of the City of Costa Mesa
CONTRACTOR:
(Name)
Title:
State License No.:
Federal Tax I.D. No.:
Address:
Telephone:
19 3094317.1 115
CITY OF COSTA MESA, CALIFORNIA
DRUG-FREE WORKPLACE 1 100-5 1 8108189 1 1 OF 3
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 subgrantee 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 subgrantee hereby certifies that it will provide a drug-free workplace by:
A. Publishing a statement notifying employees that the unlawful manufacturer, distribution,
dispensing, possessing, or use of a controlled substance is prohibited in Contractor's and/or
subgrantee's workplace, specifically the job site or location included in this contract, and
specifying the actions that will taken against the employees for violation of such prohibition;
B. Establishing a Drug -Free Awareness Program to inform employees about:
1. The dangers of drug abuse in the workplace;
D-1 l i
3094317.1
CITY OF COSTA MESA, CALIFORNIA
COUNCIL POLICY
�e�
DRUG-FREE WORKPLACE 1 100-5 1 8108189 1 20F3
2. Contractor's and/or subgrantee'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 violation occurring in the
workplace no later than five (5) days after such violation.
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, lip 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.
G. Making a good faith effort to maintain a drug-free workplace through implementation of
Subparagraph 1.A through 1.F, inclusive.
2. Contractor and/or subgrantee shall be deemed to be in violation of this Policy if the City of
Costa Mesa determines that:
A. Contractor and/or subgrantee has made a false certification under Paragraph 1 above.
3094317.1 1 ��
M
CITY OF COSTA MESA, CALIFORNIA
COUNCIL POLICY
raw
DRUG-FREE WORKPLACE 100-5 8108189 3 OF 3
B. Contractor and/or subgrantee 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 subgrantee have been convicted of
violations of criminal drug statutes for Violations occurring in the workplace as to indicate
that the Contractor and/or subgrantee has failed to make a good faith effort to provide a
drug-free workplace.
3. Should any Contractor and/or subgrantee 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, or local laws shall be conducted. Upon issuance of any final decision
under this section requiring debarment of a Contractor and/or subgrantee, the Contractor
and/or subgrantee 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
subgrantee, the Contractor and/or subgrantee shall be eligible for compensation as provided by
law.
VK1
3094317.1
� k�
CERTIFICATE OF INSURANCE
Page 1 of 2
CERnCATF- HOLDER INSURANCE COMPANIES AFFORDING COvERAGrzs
Qty of Costa MP
77 Far Odw Cw"r A
P. a Sax 12M
Com Mesa. CA 92528-M0
NAME AND ADDRESS OF INSURED
E
This is to certify that policies of insurance listed below have been issued to the insured named above and are in force
at this time, including attached endorsemerd(s).
UMM OF LWMM Pt
COMPAM i0t= MOO)
LETM TYPE OF NGURAMM "a MW. WE
08tEM LLMMLFff
Move*.6. F=
ftw4ft—own.
I I
MIN
NOTE; The Comprehensive General Liability pol-y —ti- Aulommve Liability policy Wfam endorsed with the City
W Costa Mesa Endorsement(s) shown an the revefse side.
CANCELLATION: Said policy shall not terminate. nor "I it be cancelled, nor the coverage reduced, urdd thirty
- (3D) days after written notice is given to Clty.
By: I Agency-
A.V—Wd ROOM90,30" 94* fts-d
Description of opefationsnocallonsivehides: AN operations performed for the Cky
at by or on 1;ahail. of the
named insured in connection with the following designated conhw:
NOTICE: This certificate or verification of insuvarce is not an insumnee policy and does not amend, extend or after
the coverage afforded by the policies Rated hemin. Notwithstanding any "ireMent, term or condition of any
contract or other document with respect to which this certificate or verification of Insurance may be issued or
may pertain, the insurance afforded by the policies desoibed herein is subject to all the terms, mcclusions and
conditions of such policies., including attached endorsements.
3094317.1
M
POLICY NUMBER:
COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - DESIGNATED PERSON OR
ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART.
SCHEDULE
Marne of Person or Organization:
The City of Costa Mesa and its elected and appointed boards, officers, agents, and employees are
additional insureds with respect to the subject prefect and agreement
(If no entry appears above, information required to complete this endorsement will be shown in the
Declarations as applicable to this endorsement.)
WHO IS AN INSURED (Section 11) is amended to include as an insured the person or organization shown in
the Schedule as an insured but only with respect to liability arising out of your operations or premises owned by
or rented to you.
Said policy shall not terminate, nor small it be canceled nor the coverage reduced, until thirty (30) days
after written nonce to City.
Any other insurance maintained by the City of Costa Mesa shall be excess and not contributing with the
insurance provided by this policy.
CG 20 26 1185 Copyright, Insurance Services Office, Inc., 1984
w,las I ;La
POLICY NUMBER:
COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - COMPLETED OPERATIONS
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART.
SCHEDULE
1e of Person or Organization:
City of Costa Mesa and its elected and appointed
li onal insureds with respect to the subject project
And Description of
0
°��"(�/D I 11 " /10
(If no entry
orsernent.)
are
to complete this endorsement will be shown in the
Section 11— Who IS—Insured is amended to include as an insured the person or organization shown In
the Schedule, my with respect to liability arising out of'Wur work" at the location designated and
described in the schedule of this endorsement performed for that insured and included in the "products -
completed operations hazard".
Said policy shall not terminate, nor shall it be canceled nor the coverage reduced, until thirty (30) days
after written notice to City.
Any other insurance maintained by the City of Costa Mesa shall be excess and not contributing with the
insurance provided by this policy.
CG 20 37 10 01 ISO Properties, Inc., 2000
sr1M oak
WC 04 03 06 (Ed. 04184)
This endorsement changes the policy to which it is attached and is effective on the date issed
unless otherwise stated.
(The following `clause' need be completed only when this endorsemnt is
preparation of the policy.)
This endorsement, effective on
Policy No.
of the Insurance Company
Issued to:
Policy Expiration Date:
Premium (if any):
We have the right to recover oii3
policy. We will not enforce our r
(This agreement applies only to
requires you to ob this agree
You must maintain I
while engaged in the rk d
The al premia this
co nsation premium erwi
Person or Ornanizalbn
at 12:01 a.m.
M
subsequent to
Representative
a part of
� one'1able for an injury covered by this
►on or organization named in the Schedule.
perform work under a written contract that
us.)
Jy segregating the remuneration of your employees
Schedule.
endorsement shall be % of the California workers
se due on such remuneration.
SCHEDULE
Job Description
M
Bond Number
FAITHFUL PERFORMANCE BOND
PUBLIC WORK
(The premium charge on this bond is S , being at
the rate of S per thousand of #ttC contract price)
KNOW ALL MEN BY THESE PRESENTS:
TFIAT, WHEREAS the CITY OF COSTA MESA, 77 Fair Drive, Costa Mesa, California 92626. has
entered into a contract dated -, ?Q-----, which is hereby incorporated by reference
herein, with
hereinafter designated as the "Principal," for the work desertbed 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, TH£RkFORF, We the Principal, and
a corporation organized and existing under the lams of the State of
and duly authorized to transact business under the laves 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 paymem of
which sum well and truly to be trade, 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
tidy keep and pe& nn the covenants, con ditiorti- ane agreements in the said contract and any alteradon
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 thea 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 virtim
And the said Surety, for value received, hereby stipulates and agrees that no change, extension of
time, alteration or addition to the terries of the contract or to the work to be performed thereunder or the
specifications accompanjing the same shall in any wise affect its obligations an this bond, and it does
hereby waive notice of any such change, extension of tirne, alteration or addition to the terms of the
contract or the work or to the specifications.
IN WITNESS WHEREOF. We b e hereunto se; our hands and sesta this
day of , 441,,,, _
City of Costa Mesa Form -- Public Work 2/00
MAN
Bond Number
LABOR AND MATERIAL BOND TO ACCOMPANY CONTRACT
PUBLIC WORK
KNOW ALL MEN BY THESE PRESENTS:
THAT, WHEREAS the CITY OF COSTAIVESA, 77 Fair Drive, Costa Mesa, California 92625, has awarded
ro -
hereinafter designated as the "Contractor," a contract which is hereby incorporated by reference herein, for the
work described as follows:
aDd
WHEREAS, said Contractor is required by the provisions of Chapter 7, Division 3, Title 15, Sections
3247-3248, Civil Code to furnish a bond in connection with said court, as hereinafter set forth.
NOW, THEREFOR£, We _ ==
the undersigned Contractor, as 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 ofCalifornia, as Surety, are held and firmly
bound unto the CITY OF COSTA bIESA in the penal sum of
Dollars [S ). said stun being not Bess than ore -half of the estimated
amount payable by the said CITY OF COSTA MESA tinder the terms of the contract for which payment well
and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns,
jointly and severally, firmly by these present;.
The Condition Of This Obligation is Such, That. if said Contractor, his or its heirs, executors,
administrators, successors or assigns, or sub-conWwtoM shall fail to pay for any materials, provisions,
provender or other supplies or team's, implements or machinery used in, upon, for or about the performance of
the work contracted to be done, or for any work or labor thereon of any kind., or for amounts due under the
Unemployment Insurance Code with respect to such work or labor performed wxkr the above contract, or for
any amounts requited to be deducted, withheld, and paid over to the Employment Development Department
from the wages of employees of the Contractor and sub -contractors pursuant to Section 13020 of it,,-
Unemployment
heUnemployment Insurance Code with respect to such work and labor, the surety or sureties herein will pay for
the same in an amount not exceeding the stun specified in this bond, otherwise the above obligation sbail be
void. In case suit is brought upon this bond, the said Surety will pay a reasonable attorney's fee w be fixed by
the court This bond shall inure to the benefit of any and all persons, companies and corporations entitled to
file claims under Section 3181 of the Civil Code, so as to give a right of action to them or their assigns in any
suit brought upon this bond. 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 sante shall in any wise affect its oliligations 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.
tN WITNESS WHEREOF, We have hereunto set our hands and seals this day of
City of Costa Mesa Form — Public Work 2/00
City of Costa Mesa, Departcnent of Public Services
Application and Permit for Work Described Below
VENDOR No
A dws or Location of Wa1c
TW* cf Wc* fotae Dolle
Siad Date Penna Nd Vaud After
PERMIT
NO. I �:]
(Facpbn Date) Plan No.
Con»neloes Name Addmss
TsfeOx= Na (Day) Pint) Cilyand Stale
S1eta Ucontse Noiciess CIV Business Llaros Na
1::11L° ': t::L :' •: �•
Inaxa ice Gert No.(s)
Date
TWOO1000 No.
24 Hots Ems' Contact Tefeyhone Na-
Abnn'ftee"contact tits Chy kispectoft office (ra++Taati) at load 24 Haas Prior In oammenaip any Faeces to obtain proper inn*cliom Prior to ooramanamstd of tabic may
be cause for ifs m*Am THS Pry WITH APPROVED PLANS WISE BE Wl THE JOB AND AVANJ i R TO CITY REPRESENTAIRVESAX ALL TMES. You nin quilled by
Mmicl at Coda 8acltons 1.33. 15 -25..I T, 15,27.1,1540 WWI",
,
TM UNDERNMED PERANriEE HEREBY CSRT*IES:
1. That alt worn shall be performed In accordanc* wU h the Sid SpedflosUoas for Pubk fNna7rs Coons#ucdm patent ecWmX SfandErd Drawings cf dte CUy d
Coale Mesar, special sly prrtdsiareti and � tgrpffaabfe laws and uxiinartcea
2. CwW of ba ft shelf-mdono to Bre Work Awa Ttaffle Contmi Handbook (WAT.0-H.) palest ecA wa The penriNes alae fw.M andlar in w a8 sipna, agMs,
barricades, tmft cm**1 or "no* ft ea. Aagtnsn end Padft snow frown. The permiflee shelf o*h sWrsval of the Trompodslbn S& -* ft Engkteo r for ae at"
dosatea, dekxn, turn resbictiona, padang prcFi6bi M and nretitods of aaroaardiing Mates. The panaft shall noW F.mags M, Fbs and Police seram and
ra$ tet Cr tsrsinessesttverd# bV (24) INKNO in acRaftce Of VW 01008:8 ftftlien Ortffift Foal iCtiOn0.
3. That a nmaknem of hns(s) may be dosed If necessary is ped m wak withinfha public rid of %oy &VbV ft hone of Sr3Q ear. - 320 Pea. Monday thasugh
Friday as Ione as f:>affi; can be uafteined in each dkedin vMfiegrnsa udess atnovAse approved byti o Transpodallon Sarvbm i sr.
4 Ttfat #itrorbl W Wl phases of consbuctlon towak Win WW be koo dam wW *an dnftldh debtia all dusland alt .nage Wall be mavrtah8d.
SUBJECT TO THE MOM B&OM {kspesNon 100 ovsr On basic Inspection Smavdil be b®hd at the approved hoadyI*W)
1. City sale provide fnspedlot bels asn 7:Q a.m. and 3:W p m., Monday ftvottph Friday (oxopto on Cityobnrvm ttoldaps
2. Pdor to Owing PoMwW Cw%W Coasr9* orA t Ckaaarete (A.P), the tok mtg Grill have been Inspected and approved; neve ❑ and nrpwted I3-
3. Curb OW asidershait swt bo usnovad on godly Pnto a weskwd arm C11y+abserved holiday.
4 Fill n areas tdt by curb ardgtdter rapovad tkt h ialfh to adjacent pavemimd at Dae ease daythd removal occum
S. Bare under ae MfeeM, MW and YACM. sidearms, aoNVAGre arm miveway spproocbes. Twaaeeng is MAW
e. Open ascavaeons must bs beddi ad or 0".*0 spilus and AC. fwkW emm dedees during nowt Mking horns.
7. SkWAe l"be constructed perChydCoon Meas Stallard Drama No,
8. Ody wayapptoom iM becarrska* d perGOydCoach Mesa Standard Graving Nm
9. No MaeicaBowedor+-rvrsoaformarknonoferoendaysforcuftSeefa ftcoakulahove.
10. Tmoch carpecrom Brad metufaft 4MB cfxft n to CAvol'Ga a Mea fate Wwd OneMng No. 810
11. Tmmdres erceedkag eve (5)19M in deptit re*Av a parse fa mina; Division of kalsom Safety, Stals olCOornie.
12. Parmhfas sW payforall SE. mmPacfonWOnibusisf dneoessinybylbeCey.
13. ANtor dog baparmarmint paidudts"ten(10)daysoi compWon #nakbdmvsubgrade.
14. PomWise doll prAdes thaCtlyw1h moof dfokod WMIthed Work inspection by ft city,
15. P&MOSe acrd ata lathe hcW4aermkna8 OW96018ot MW*od byCMMC SwIlon 132". and Pabttsd On the rswetea srftas
18. Omer.
NOMCE: C;oakeclor mast m*y Bre t1oring U§W CariPardes two woddno days be(me staMng vm&.
Colla Mag Swannery Cldrut Mm Qansaftdated WWor Dlnetot LINDERGROUND SERVICE ALERT
(7"81114731 714) 831400 Toe Free -14=-024t33; Altar Fowl a}fotfdays -(71+3) 739 x091; P" W4111
MOP CTIDN fiECORD Inwax of Records
CERTFICATE CP Mi8PSOM
aW khat Me saw Yvork
� accodagfts �to No bowOans
aa� in gtla manner
ro�actcr
Derr
Date
_
018342ftwo n+ 2at3 I cetify I haw read i ind understand ail of the above and that fall statements mole are coned and complete—
W100-1
or;
Caren
tend
totdaermdmmd -Awplfrnrt APPI icanf'a Sigr alure Date
3 COPIES OF SKETCHES OR PLANS ARE REQUIRED PRIOR TO PERMrr ISSUANCE
THIS APPLICATION BECOMES A PERMIT WHEN APPROVED AND VALIDATED t C�
A0PPLICATION FOR BUSINESS LICENSE
SENA YOUR QUECK MADE PAYABLE TO 771EIT
CY OF COM MESA
TRFA.S`t RY MANAGEMENT pMION, PO BOX 1200, ODSTA NECA, CA 91628-1200
`
(714) 7543234 TDD: (714) 754.5244
Business Name
Parent Company Name
(n C.P.1.a oam.ar
Note Pusimax add,®. all be compared to mini re4uircmmts h,dow appttrevt. tbak with tha Pinning Division regarding the a of the lemfimt at (714) 75".15.
Bughttss Address
(Cm -a M a P.0,EAsr 9.+et a Sn .ante tha 6 Cih Sts. zw
Mailing Address
(c®rea P -Q End ehat4'
Business Telephone # [ I
Ownership (Check tate only)
sae owrmr OC -potation
rV.iurfted Liability Partnership
Sr3ter's permit No.
prAPP—hner
eu- cut nam. n.00 car ae.m
Bush" Start Date No. of Ea&yem (aa average),
01'attnership [IFlusband & Wife Co -ownership aimited Liabft Comfy
Cantraelort StaftNo. 4. Class
tuMN cul
Federal Employes -11) 8 or, Owaer's Social Security S Federal Firearms Licam 9 (if apphaabk)
OWNER'S OR PRV CW - IS NAME{Sy)
Name Name
Rom Address Koltun Address
City Trp City zip
—
Telephone # ) 'Title Telephone # [ 1 Tick
Drivers License No. bate of Berth ??rivers Liceme No. _ _- --- Este of Birth
PLEASE CIRCLE ONE: WhotesaldfietaifMutdatturh%/ScrvkcrJ nim-ProMAdwh*trativeDuly/Wacbmudo*er
' +BY Maori be Business Operation:
Alcohol Beverage Control Permit No.
0f� ilio)
Roars of Operation (M -F) (S Sin
{Comom�vaNlodusuiat tmly)
ONE OFTHE
(wholessle, metra[, professioasle Eta)
Fater Asurval Gross Receipts Assonant S
And Curds the corresponding category below
Aim Cron Rer&U Ta;
$6,00 to 1,nap.UO......._......_.._.._...SRi�
51,001 of to 25AM60............... ...... _S25.00
SAGM.01 w 4DAM110 ..................._..._S AD
$4001.01 to 73,000,00 ........................ _545.00
S75A01.01 to
370 AD"t to 308,009M .................-._..51}0.00
Standard la dustrid Class Code {SIC)
Department of Motor Vebitdes Peratut p
(Rcq*wA for astasnabdabnotomyck Was humtasex)
Number of Rental Unl[WRoomslSpaee .
(r Applivac)
{ Attach proof of - ExemptStetos (regnired foe waiver ofUnt doe)
Y. EXHID7If M SWAP NIMT Tar on tits Feenotar's Cross
Receipts from the Gross Receipts schedule to the left _..._-._.-_-........
......_..—.-..._..._.._.._Enter the to don amamrt here S
s5= T 1
FAWALS _.._..._.., .......... ... .... ...... Total to doe S
A}D1 fN RIA T1VE t)M F[t liSlLVAIiRHODSES
(Fen based as smmi operaft expenses when no rrocktogene rated)
Fans operating expmsmanocmt S
Use Gran Receipts schedule to the left todei4raduehetmecsfseeasatax.
TAXL T11W Bus
(YDN9'RAC't'OR
(Catiterma Licensed) Totst tar due 554.00 Number of Velddes: x 325.00 m Total Tax Doe 5
Will you store, ttandle or use, 55 gallons, 500 pounds or 200 cubic Iter aflutrudout materials peryese? Yes F1_ No n
WM you have an assembly rotas with an occupant load of50 or mom Persons? Yes No Lj_,_
Will you be installing a spray booth? Yes U No _
Will your business produce dusttwood shavings or othermatesiaV Yes CN No
Will ymn be surring or using flammable or combustible liquids or compressed gues? Yugo— 14a
Will you be warehousing materials higher than 12 feet? Yes j_L.,__ No
Fire Department approval nN imd for any "Yea^ answer. Pintas make an appointment by caning (914) 754-512&
Your Busirnm License will be issued under the provisions of Municipal Code Section 9-1, You are cautioned drat this tion" does not learnt[ operation of a
business in violation of other Mnaioipal Cade Sectiorns- There wi0 be no tax mfoad if you sue fecund operating illegally after the Catifimte has been issued -Your
business location will be dunked by Planning, Building, and, if necessmy, Fire Department oSciah Yyou have any doubt whabor your busing posehcn and/or
building may conform with the requirements of the Municipal Cale administemd by those de(mrtmems, you are urged to eontaot these departments for fmtha
ntfmmation before Ming your application- " Solas or use tax ma� analy-tai vats business aotivitias You may seek written a&ioe tsgwdmg the appucatxrm aftax to,
yaw particular business by writing or visiting the neatest State Board of Equariiation, "I declare under penalty ofper3ury than, tothe Crest army knowledge and
baUK Cha statements made herein are ecttect and true and that acceptance of payment does not oonslilate approval of the Business License Authosiarian to
conduct business is not granted until issuance of tho license.
Authorized
Signarure ?ills Date
AY)k�6"TCFH ;'any -
Planning Approval Date Approved CUP Required? CUP d
Building Approval Date Approved Ccunments
Fire Department Approval Date Approved
ATTACHMENT 2
No Blank Spaces -7-6 Type PUBLISH
Tuesday, April 17, 2012
Tuesday, April 24, 2012
CITY OF COSTA MESA
ORANGE COUNTY, CALIFORNIA
NOTICE INVITING BIDS
NOTICE IS HEREBY GIVEN that sealed proposals for furnishing all labor, materials,
equipment, transportation and such other facilities as may be required for COMPREHENSIVE
STREET, STORM DRAIN AND PUBLIC RIGHT-OF-WAY MAINTENANCE SERVICES, CITY
PROJECT NO. 12-07, will be received by the City of Costa Mesa at the Office of the City
Clerk, 77 Fair Drive, Costa Mesa, California, until the hour of 10:00 a.m., May 4, 2012, at
which time they will be opened publicly and read aloud in the Council Chambers. Sealed
proposals shall bear the title of the work and name of the bidder but no other distinguishing
marks. Any bid received after the scheduled closing time for the receipt of bids shall be
returned to bidder unopened. It shall be the sole responsibility of the bidder to see that his bid
is received in proper time.
Each bid shall be made on the Proposal form, sheets P-1 through P -9a provided in the
contract documents, and shall be accompanied by a certified or cashiers check or a bid bond
for not less than 10% of the amount of their bid, made payable to the City of Costa Mesa. No
proposal shall be considered unless accompanied by such cashier's check, cash, or bidders
bond.
No bid shall be considered unless it is made on a blank form furnished by the City of
Costa Mesa and is made in accordance with the provisions of the Proposal requirements. _.
Each bidder must have a (General Engineering) contractor's license at the time of contract
award. All subcontractors shall be properly licensed by the State of California to perform
specialized trades.
A Contractor using a craft or classification not shown on the General Prevailing Wage
Determinations may be required to pay the wage rate of that craft or classification most closely
related to it as shown in the General Determinations effective at the time of the call for bids.
This is a Public Works Contract. In accordance with section 1720 et seq. of the Labor
Code, the general prevailing wage rates as established by the Director of the California
Department of Industrial Relations will apply. The prevailing wage rates established by the
State Director of Industrial Relations can be viewed at the City's offices, are available on the
State of California's website at hftp://www.dir.ca.gov/ or can be obtained by mail addressed to:
Prevailing Wage Unit, Division of Labor Statistics and Research, Department of Industrial
Relations, P.O. Box 603, San Francisco, CA 94101.
Pursuant to California Civil Code Section 3247, the successful bidder .shall furnish a
payment bond if civil work exceeds twenty-five thousand dollars ($25,000).
Pursuant to Public Contract Code Section 22300, the successful bidder may submit
certain securities in lieu of the City withholding retention of payments.
The City Council of the City of Costa Mesa reserves the right to reject any or all bids.
Dated: April 12, 2012
CHRISTINE CORDON
Acting Deputy City Clerk,
City of Costa Mesa
N-1
laq-
Ad Copy:
WOFCOSTA MESA
ORANGE WWI
CWFOWA
NOTICEINYIIIN681)S
NOTICE IS HEREBY
GIVENthat sealed pro-
posal. , furnishing all
labor, materials, equip-
ment, transportation and
such other facilities as
may be required for
COMPREHENSIVE
STREET, STORM DRAIN
AND PUBLIC RIGHT-OF-
WAY MAINTENANCE
SERVICES, CITY PROJ-
ECT NO. 12-07, will be
received by the City of
Costa Mesa at the Office
of the City Clerk, 77 Fair
Drive, Costa Mesa,
California, until the hour
of 10:00 a.m., May 4,
2012, at which time
they will be opened
publicly and read aloud
in the Council Chambers.
Sealed proposals shall
bear the title of the
work and name of the
bidder but no other
distinguishing marks.
Any bid received after
the scheduled closing
time for the receipt of
bids shall be returned to
bidder unopened. It shall
be the sole responsibility
of the bidder to see that
his bid is received in
proper time.
Each bid shall be made
on the Proposal form,
sheets P-1 through P -9a
provided in the contract
documents, and shall be
accompanied by a cer-
tified or cashier's check
or a bid bond for not
less than 10% of the
amount of their bid,
.............. ..... . ............. madB_RaYAbJRt?.the_G_#y _
of Costa Mesa. No
proposal shall be con-
sidered unless accom-
panied by such cashier's
check, cash, or bidder's
bond.
__...�..__..._.__....,._.....__.__-�__w___._...____-.,.._._.___...._...-. �.._.._._.. _w.�.-..___.d9..Ji1sl.�haA_:.bas911;<L�._.---------..._�...___.-,..-..__...-._..__••----.__.._._.._..._.....__._,.„ ._.__...__...__.
ered unless it is made
-- ad proof pg.1 --- ^ti
on a blank form fur-
nished by the City of
Costa Mesa and is made
in accordance with the
provisions of the Pro-
posal requirements
Each bidder must have
a (General Engineering)
contractor's license at
the time of contract
award. All subcontrac-
tors shall be properly
licensed by the State of
California to perform
specialized trades.
A Contractor using a
craft or classification
not shown on the
General Prevailing Wage
Determinations may be
required to pay the wage
rate of that craft or
classification most
closely related to it as
shown in the General
Determinations effective
at the time of the call
for bids.
This Is a Public Works
Contract. In accordance
with section 1720 at seq.
of the Labor Code, the
general prevailing wage
rates as established by
the Director of the
California Department of
Industrial Relations will
apply. The prevailing
wage rates established
by the State Director of
Industrial Relations can
be viewed at the City's
offices, are available on
the State of California's
w e b s I t a a t
ht tp://www. di r, ca.gov/
or can be obtained by
mail addressed to:
Prevailing Wage Unit,
Division of Labor Sta-
tistics and Research,
Department of Industrial
Relations, P.O. Box 603,
San Francisco, CA
94101.
Pursuant to California
Civil Code Section 3247,
the successful bidder
shall furnish a payment
bond if civil work
exceeds twenty-five
thousand dollars
(325,000).
Pursuant to Public
Contract Code Section
22300, the successful
bidder may submit
certain securities in lieu
of the City withholding
retention of payments.
The City Council of the
City of Costa Mesa
reserves the right to
reject any or all bids.
CHRISTINE CORDON
Acting Deputy City Clerk,
City of Costa Mesa
Dated: April 12, 2012
Published Newport
Beach/Costa Mesa Daily
Pilot April 17, 2012.
-- ad proof pg. 2 --- 1 �;kq
09/07/2012
Orange County Cities ATTACHMENT 3
Street and Storm Drain Maintenance Services Survey
storTh in
-Dra
Ma t an"p,
0
1. Aliso Viejo
Contracted
Contracted
2. Anaheim
In -House
In -House
3. Buena Park
In -House
In -House
4. *Costa Mesa
In -House
In -House
5. Cypress
In -House
In -House
6. Dana Point
Contracted
Contracted
7. Fullerton
In -House
In -House
8. Garden Grove
Blended
Blended
9. Huntington Beach
Blended
Blended
10. Irvine
Blended
Blended
11. Laguna Beach
In -House
In -House
12. Laguna Hills
Contracted
Contracted
13. Laguna Niguel
Contracted
Contracted
14. Laguna Woods
Contracted
Contracted
15. La Habra
In -House
In -House
16. Lake Forest
Contracted
Contracted
17. Los Alamitos
Blended
In -House
18. Mission Viejo
Contracted
Contracted
19. Newport Beach
In -House
Blended
20. Orange
Blended
Blended
21. Placentia
Contracted
Contracted
22. Rancho Santa Margarita
Contracted
Contracted
23. San Juan Capistrano
Blended
Blended
24. Santa Ana
Contracted
Contracted
25. Stanton
In -House
In -House
26. Tustin
Blended
Blended
27. Villa Park
Contracted
In -House
28. Westminster
Blended
Contracted