HomeMy WebLinkAbout01 - CC-5 - Award of Formal Bid Item No. 1133 - 5/4/2010CITY COUNCIL AGENDA REPORT
MEETING DATE: MAY 04, 2010
ITEM NUMBER:
SUBJECT: AWARD OF FORMAL BID ITEM NO. 1133 FOR A THREE YEAR CONTRACT FOR THE
GRINDING - COLD PLANING OF ASPHALTIC STREETS
DATE: APRIL 06, 2010
FROM: PUBLIC SERVICES DEPARTMENT - MAINTENANCE SERVICES DIVISION
PRESENTATION BY: PETER NAGHAVI, PUBLIC SERVICES DIRECTOR
FOR FURTHER INFORMATION CONTACT: RICK SIMONS (714) 327-7473
DON STOCKER (714) 754-5227
RECOMMENDATION:
1. Award a contract for asphalt grinding — cold planing services per Formal Bid 1133 to
Lindy's Cold Planing, P.O. Box 385, La Habra, CA 90931. The term of the contract
is three years with the option of renewing for three additional one-year extensions
with the expenditure amount not to exceed $52,500.00 per year.
2. Authorize the Mayor and the City Clerk to execute the Professional Services
Agreement for the contract.
3. Authorize the City Manager to sign for any justified rate increase to the contract
within his signing authority and to extend the contract for three additional one-year
terms upon recommendation from the Public Services Department.
BACKGROUND:
The City of Costa Mesa Maintenance Services Division - Residential Street Rehabilitation
Program has been operating successfully for over twenty-two years. During that time the
Street and Traffic Operations Section has rehabilitated over 185 residential streets within
the City limits, recently averaging up to 15 streets a year. This process includes cold
planing/edge grinding by contract, crack sealing as needed, local asphalt removal and
replacement as needed, installation of an asphalt leveling course and finally a complete full
depth overlay with fresh asphalt.
All rehabilitation work is done using City of Costa Mesa staff, with the exception of the cold
planing/edge grinding. The cold planing/edge grinding process removes approximately 1'/2"
of existing asphalt in a 12 foot wide path along the gutter edge. This process allows for a
stronger asphalt section and seamless transition to the gutter line during the final paving.
The equipment necessary to perform this work is expensive and would not be cost
effective for the City to purchase, when considering the frequency of use. Therefore, staff
is requesting to continue with the practice of hiring a contractor for these services.
Public Services Department staff provided the scope of work for this contract, which
consists of removal of asphaltic concrete pavement by cold planing in accordance with
the bid specifications and in reasonably close conformity with the lines, grades and
cross sections as shown on the plans, or as designated by a City representative.
As required by the City of Costa Mesa Municipal Code, the "Invitation for Bids" was sent to
qualified vendors whose names were on the bidders' list, as well as other vendors
requesting a bid package. All bids were sent electronically. A "Notice Inviting Bids" was
published in the Daily Pilot and posted on the public bulletin board in City Hall. The bid
document was also posted on the City's web site for downloading. A non -mandatory pre-
bid meeting was held at 10:00 a.m. on March 17, 2010, in Room 1A in City Hall. One (1)
vendor participated in the non -mandatory pre-bid meeting. On April 05, 2010, the City
Clerk received, opened and read aloud three (3) submittals.
ANAI YSIS•
The invitation for bid allowed the bidder to provide pricing information based on a per
square foot rate per location for asphalt grinding. The bid tabulation is provided in
Attachment 1.
Lindy's Cold Planing submitted the lowest responsive and responsible bid. The bid
consisted of a per square foot rate of $0.1220, calculated to a per location rate of
$3,500.00 for asphalt grinding cold -planing.
ALTERNATIVES CONSIDERED:
The alternative of not contracting this portion of the maintenance function out and having it
performed completely by City staff is not feasible in light of the high cost to purchase and
maintain asphalt cold planing machinery. The awarding of this contract is a necessity to
facilitate maintaining this program.
FISCAL REVIEW:
Depending on funding, this program rehabilitates up to 15 residential streets each year at
cost of $1.04 a sq. ft. compared to $2.34 a sq. ft. at the current standard contract price.
LEGAL REVIEW:
The City Attorney's office has reviewed and approved the attached Professional Services
agreement as to form. (See Attachment 2)
CONCLUSION:
The award of the proposed three-year contract will allow the Maintenance Services
Division to coordinate the asphalt grinding cold -planing services each year.
It is recommended that City Council award the three-year price agreement for asphalt
grinding cold -planing per Bid 1133 with a not to exceed amount of $52,500.00 per year for
the first three years, and to authorize the Mayor and the City Clerk to execute the
Professional Services Agreement. In addition, it is recommended that the City Council
authorize the City Manager to sign for any justified rate increase within his signing authority
and to authorize the City Manager to extend the contract for an additional three years if the
Public Services Department recommends doing so.
COLLEEN O'DONOGHUE
Assistant Finance Director
BRUCE HARTLEY
Maintenance Services Manager
PETER NAGHAVI
Public Services Director
DONALD L. STOCKER, C.P.M., CPIM
Purchasing Buyer
Attachments:
1.
Bid Tabulation
2.
Professional Services Agreement
art 1
Professional Services Agreement
tp art 2
Distribution: Public Services Director
City Manager
City Clerk
3
BID TABULATION - FORMAL BID ITEM NO. 1133
Asphalt Grindina - Cold Planina
Submitter Bid Bid Total Bid Total
per Sq. foot per Project 15 Projects*
1. Lindy's Cold Planing $ 0.122 $ 3,500.00 $ 52,500.00
P.O. Box 385
La Habra, CA 90631
2. All American Asphalt $ 0.410 $ 11,756.75 $ 176,351.25
P.O. Box 2229
Corona, CA 92878
3. Pavement Recycling systems $ 0.184 $ 5,276.20 $ 79,143.00
10240 San Sevaine Way
Mira Loma, CA 91752
*The stated estimated quantity of work herein is 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.
PROFESSIONAL SERVICES AGREEMENT
FOR ASPHALT GRINDING
THIS AGREEMENT is made and entered into this day of May, 2010
("Effective Date"), by and between the CITY OF COSTA MESA, a municipal corporation
("City"), and LINDY' S COLD PLANING, a sole proprietor ("Consultant").
WITNESSETH:
A. WHEREAS, City proposes to have Consultant perform asphalt grinding and cold
planning on various streets within the City as described herein below; and
B. WHEREAS, Consultant represents that it has that degree of specialized expertise
contemplated within California Government Code, Section 37103, and holds all necessary
licenses to practice and perform the services herein contemplated; and
C. WHEREAS, City and Consultant desire to contract for specific services in connection
with the project described below (the "Project") and desire to set forth their rights, duties and
liabilities in connection with the services to be performed; and
D. WHEREAS, no official or employee of City has a financial interest, within the provisions
of California Government Code, Sections 1090-1092, in the subject matter of this Agreement.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions
contained herein, the parties hereby agree as follows:
1.0. SERVICES PROVIDED BY CONSULTANT
1.1. Scope of Services. Consultant shall provide the professional services described in
the City's Request for Proposal ("RFP") attached hereto as Exhibit "A" and incorporated herein
by reference and Consultant's Response to City's RFP (the "Response"). A copy of said
Response is attached hereto as Exhibit `B" and incorporated herein by this reference.
1.2. Professional Practices. All professional services to be provided by Consultant
pursuant to this Agreement shall be provided by personnel experienced in their respective fields
and in a manner consistent with the standards of care, diligence and skill ordinarily exercised by
professional consultants in similar fields and circumstances in accordance with sound
professional practices. Consultant also warrants that it is familiar with all laws that may affect
its performance of this Agreement and shall advise City of any changes in any laws that may
affect Consultant's performance of this Agreement.
1.3. Warranty. Consultant warrants that it shall perform the services required by this
Agreement in compliance with all applicable Federal and California employment laws including,
but not limited to, those laws related to minimum hours and wages; occupational health and
safety; fair employment and employment practices; workers' compensation insurance and safety
in employment; and all other Federal, State and local laws and ordinances applicable to the
services required under this Agreement. Consultant shall indemnify and hold harmless City from
and against all claims, demands, payments, suits, actions, proceedings, and judgments of every
nature and description including attorneys' fees and costs, presented, brought, or recovered
against City for, or on account of any liability under any of the above-mentioned laws, which
may be incurred by reason of Consultant's performance under this Agreement.
1.4. Non-discrimination. In performing this Agreement, Consultant shall not engage
in, nor permit its agents to engage in, discrimination in employment of persons because of their
race, religion, color, national origin, ancestry, age, physical handicap, medical condition, marital
status, sexual gender 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.
1.5 Non -Exclusive Agreement. Consultant acknowledges that City may enter into
agreements with other consultants for services similar to the services that are subject to this
Agreement or may have its own employees perform services similar to those services
contemplated by this Agreement.
1.6. Delegation and Assignment. This is a personal service contract, and the duties set
forth herein shall not be delegated or assigned to any person or entity without the prior written
consent of City. Consultant may engage a subcontractor(s) as permitted by law and may employ
other personnel to perform services contemplated by this Agreement at Consultant's sole cost
and expense.
2.0. COMPENSATION AND BILLING
2.1. Compensation. Consultant shall be paid in accordance with the fee schedule set
forth in Exhibit `B," attached hereto and made a part of this Agreement (the "Fee Schedule").
Consultant's compensation shall in no case exceed Fifty -Two Thousand Five Hundred Dollars
($52,500.00).
2.2. Additional Services. Consultant shall not receive compensation for any services
provided outside the scope of services specified in the Response unless the City or the Project
Manager for this Project, prior to Consultant performing the additional services, approves such
additional services in writing. It is specifically understood that oral requests and/or approvals of
such additional services or additional compensation shall be barred and are unenforceable.
2.3. Method of Billing. Consultant may submit invoices to City's Project Manager for
approval on a progress basis, but no more often than monthly. Said invoice shall be based on the
total of all Consultant's services which have been completed to City's sole satisfaction. City
shall pay Consultant's invoice within forty-five (45) days from the date City receives said
invoice. Each invoice shall describe in detail, the services performed and the associated time for
completion. Any additional services approved and performed pursuant to this Agreement shall
be designated as "Additional Services" and shall identify the number of the authorized change
order, where applicable, on all invoices.
2.4. Records and Audits. Records of Consultant's services relating to this Agreement
shall be maintained in accordance with generally recognized accounting principles and shall be
made available to City or its Project Manager for inspection and/or audit at mutually convenient
times for a period of three (3) years from the Effective Date.
2 Lindy's Cold Planing
3.0. TIME OF PERFORMANCE
3.1. Commencement and Completion of Work. The professional services to be
performed pursuant to this Agreement shall commence within five (5) days from the Effective
Date of this Agreement. Failure to commence work in a timely manner and/or diligently pursue
work to completion may be grounds for termination of this Agreement.
3.2. Excusable Delays. Neither party shall be responsible for delays or lack of
performance resulting from acts beyond the reasonable control of the party or parties. Such acts
shall include, but not be limited to, acts of God, fire, strikes, material shortages, compliance with
laws or regulations, riots, acts of war, or any other conditions beyond the reasonable control of a
party -
4.0. TERM AND TERMINATION
4.1. Term. This Agreement shall commence on the Effective Date and continue for a
period of three (3) years, ending on April 30, 2013, unless previously terminated as provided
herein or as otherwise agreed to in writing by the parties.
4.2. Notice of Termination. The City reserves and has the right and privilege of
canceling, suspending or abandoning the execution of all or any part of the work contemplated
by this Agreement, with or without cause, at any time, by providing written notice to Consultant.
The termination of this Agreement shall be deemed effective upon receipt of the notice of
termination. In the event of such termination, Consultant shall immediately stop rendering
services under this Agreement unless directed otherwise by the City.
4.3. Compensation. In the event of termination, City shall pay Consultant for
reasonable costs incurred and professional services satisfactorily performed up to and including
the date of City's written notice of termination. Compensation for work in progress shall be
prorated as to the percentage of work completed as of the effective date of termination in
accordance with the fees set forth herein. In ascertaining the professional services actually
rendered hereunder up to the effective date of termination of this Agreement, consideration shall
be given to both completed work and work in progress, to complete and incomplete drawings,
and to other documents pertaining to the services contemplated herein whether delivered to the
City or in the possession of the Consultant.
4.4 Documents. In the event of termination of this Agreement, all documents
prepared by Consultant in its performance of this Agreement including, but not limited to,
finished or unfinished design, development and construction documents, data studies, drawings,
maps and reports, shall be delivered to the City within ten (10) days of delivery of termination
notice to Consultant, at no cost to City. Any use of uncompleted documents without specific
written authorization from Consultant shall be at City's sole risk and without liability or legal
expense to Consultant.
5.0. INSURANCE
5.1. Minimum Scope and Limits of Insurance. Consultant shall obtain and maintain
during the life of this Agreement all of the following insurance coverages:
3 Lindy's Cold Planing
(a) Comprehensive general liability, including premises -operations,
products/completed operations, broad form property damage, blanket
contractual liability, independent contractors, personal injury with a policy
limit of not less than One Million Dollars ($1,000,000.00), combined
single limits, per occurrence and aggregate.
(b) Automobile liability for owned vehicles, hired, and non -owned vehicles,
with a policy limit of not less than One Million Dollars ($1,000,000.00),
combined single limits, per occurrence and aggregate.
(c) Workers' compensation insurance as required by the State of California.
(d) Professional errors and omissions (`B&O") liability insurance with policy
limits of not less than One Million Dollars ($1,000,000.00), combined
single limits, per occurrence and aggregate. Consultant shall obtain and
maintain, said E&O liability insurance during the life of this Agreement
and for three years after completion of the work hereunder.
5.2. Endorsements. The comprehensive general liability insurance policy shall contain
or be endorsed to contain the following provisions:
(a) Additional insureds: "The City of Costa Mesa and its elected and
appointed boards, officers, agents, and employees are additional insureds
with respect to this subject project and contract with City."
(b) Notice: "Said policy shall not terminate, nor shall it be cancelled, nor the
coverage reduced, until thirty (30) days after written notice is given to
City."
(c) 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."
5.3. Certificates of Insurance: Consultant shall provide to City certificates of
insurance showing the insurance coverages and required endorsements described above, in a
form and content approved by City, prior to performing any services under this Agreement.
5.4. Non -limiting: Nothing in this Section shall be construed as limiting in any way,
the indemnification provision contained in this Agreement, or the extent to which Consultant
may be held responsible for payments of damages to persons or property.
6.0. GENERAL PROVISIONS
6.1. Entire Agreement: This Agreement constitutes the entire Agreement between the
parties with respect to any matter referenced herein and supersedes any and all other prior
writings and oral negotiations. This Agreement may be modified only in writing, and signed by
the parties in interest at the time of such modification. The terms of this Agreement shall prevail
4 Lindy's Cold Planing
over any inconsistent provision in any other contract document appurtenant hereto, including
exhibits to this Agreement.
6.2. Representatives. The City Manager or his designee shall be the representative of
City for purposes of this Agreement and may issue all consents, approvals, directives and
agreements on behalf of the City, called for by this Agreement, except as otherwise expressly
provided in this Agreement.
Consultant shall designate a representative for purposes of this Agreement who
shall be authorized to issue all consents, approvals, directives and agreements on behalf of
Consultant called for by this Agreement, except as otherwise expressly provided in this
Agreement.
6.3. Project Managers. City shall designate a Project Manager to work directly with
Consultant in the performance of this Agreement.
Consultant shall designate a Project Manager who shall represent it and be its
agent in all consultations with City during the term of this Agreement. Consultant or its Project
Manager shall attend and assist in all coordination meetings called by City.
6.4. Notices: Any notices, documents, correspondence or other communications
concerning this Agreement or the work hereunder may be provided by personal delivery,
facsimile or mail and shall be addressed as set forth below. Such communication shall be
deemed served or delivered: a) at the time of delivery if such communication is sent by personal
delivery; b) at the time of transmission if such communication is sent by facsimile; and c) 48
hours after deposit in the U.S. Mail as reflected by the official U.S. postmark if such
communication is sent through regular United States mail.
IF TO CONSULTANT:
Lindy's Cold Planing
P. O. Box 385
La Habra, CA 90631
Tel: 562-697-2266
Fax: 562-697-2039
Attn: Brianna Trump -Borg
IF TO CITY:
City of Costa Mesa
77 Fair Drive
Costa Mesa, CA 92626
Tel: 714-327-7473
Fax: 714-327-7558
Attn: Rick Simons
6.5. Drug-free Workplace Policy. Consultant shall provide a drug-free workplace by
complying with all provisions set forth in City's Council Policy 100-5, attached hereto as Exhibit
"C" and incorporated herein by reference. Consultant's failure to conform to the requirements
set forth in Council Policy 100-5 shall constitute a material breach of this Agreement and shall
be for immediate termination of this Agreement by City.
6.6. Attorneys' Fees: In the event that litigation is brought by any party in connection
with this Agreement, the prevailing party shall be entitled to recover from the opposing party all
costs and expenses, including reasonable attorneys' fees, incurred by the prevailing party in the
exercise of any of its rights or remedies hereunder or the enforcement of any of the terms,
conditions, or provisions hereof.
5 Lindy's Cold Planing
6.7. Governing Law: This Agreement shall be governed by and construed under the
laws of the State of California without giving effect to that body of laws pertaining to conflict of
laws. In the event of any legal action to enforce or interpret this Agreement, the parties hereto
agree that the sole and exclusive venue shall be a court of competent jurisdiction located in
Orange County, California.
6.8. Assignment: Consultant shall not voluntarily or by operation of law assign,
transfer, sublet or encumber all or any part of Consultant's interest in this Agreement without
City's prior written consent. Any attempted assignment, transfer, subletting or encumbrance
shall be void and shall constitute a breach of this Agreement and cause for termination of this
Agreement. Regardless of City's consent, no subletting or assignment shall release Consultant of
Consultant's obligation to perform all other obligations to be performed by Consultant hereunder
for the term of this Agreement.
6.9. Indemnification and Hold Harmless: Consultant shall protect, defend, indemnify
and hold harmless City and its elected and appointed officials, officers, and employees from any
and all claims, liabilities, expenses, including attorney fees, damage to property or injuries to or
death of any person or persons or damages of any nature including, but not by way of limitation,
all civil claims or workers' compensation claims arising out of or in any way connected with the
intentional or negligent acts, error or omissions of Consultant, its employees, agents or
subcontractors in the performance of this Agreement.
6.10. Independent Contractor: Consultant is and shall be acting at all times as an
independent contractor and not as an employee of City. Consultant shall secure, at his expense,
and be responsible for any and all payment of Income Tax, Social Security, State Disability
Insurance Compensation, Unemployment Compensation, and other payroll deductions for
Consultant and its officers, agents, and employees, and all business licenses, if any are required,
in connection with the services to be performed hereunder.
6.11. Ownership of Documents: All findings, reports, documents, information and data
including, but not limited to, computer tapes or discs, files and tapes furnished or prepared by
Consultant or any of its subcontractors in the course of performance of this Agreement, shall be
and remain the sole property of City. Consultant agrees that any such documents or information
shall not be made available to any individual or organization without the prior consent of City.
Any use of such documents for other projects not contemplated by this Agreement, and any use
of incomplete documents, shall be at the sole risk of City and without liability or legal exposure
to Consultant. City shall indemnify and hold harmless Consultant from all claims, damages,
losses, and expenses, including attorneys' fees, arising out of or resulting from City's use of such
documents for other projects not contemplated by this Agreement or use of incomplete
documents furnished by Consultant. Consultant shall deliver to City any findings, reports,
documents, information, data, in any form, including but not limited to, computer tapes, discs,
files audio tapes or any other Project related items as requested by City or its authorized
representative, at no additional cost to the City.
6.12. Public Records Act Disclosure: Consultant has been advised and is aware that all
reports, documents, information and data including, but not limited to, computer tapes, discs or
files furnished or prepared by Consultant, or any of its subcontractors, and provided to City may
6 Lindy's Cold Planing
be subject to public disclosure as required by the California Public Records Act (California
Government Code Section 6250 et. seq.). Exceptions to public disclosure may be those
documents or information that qualify as trade secrets, as that term is defined in the California
Government Code Section 6254.7, and of which Consultant informs City of such trade secret.
The City will endeavor to maintain as confidential all information obtained by it that is
designated as a trade secret. The City shall not, in any way, be liable or responsible for the
disclosure of any trade secret including, without limitation, those records so marked if disclosure
is deemed to be required by law or by order of the Court.
6.13. Responsibility for Errors. Consultant shall be responsible for its work and results
under this Agreement. Consultant, when requested, shall furnish clarification and/or explanation
as may be required by the City's representative, regarding any services rendered under this
Agreement at no additional cost to City. In the event that an error or omission attributable to
Consultant occurs, then Consultant shall, at no cost to City, provide all necessary design
drawings, estimates and other Consultant professional services necessary to rectify and correct
the matter to the sole satisfaction of City and to participate in any meeting required with regard
to the correction.
6.14. Prohibited Employment: Consultant will not employ any regular employee of
City while this Agreement is in effect.
6.15. Order of Precedence: In the event of an inconsistency in this Agreement and any
of the attached Exhibits, the terms set forth in this Agreement shall prevail. If, and to the extent
this Agreement incorporates by reference any provision of the RFP or the Response, such
provision shall be deemed a part of this Agreement. Nevertheless, if there is any conflict among
the terms and conditions of this Agreement and those of any such provision or provisions so
incorporated by reference, this Agreement shall govern over both the Response and the RFP and
the Response shall govern over the RFP.
6.16. Costs: Each party shall bear its own costs and fees incurred in the preparation and
negotiation of this Agreement and in the performance of its obligations hereunder except as
expressly provided herein.
6.17. No Third Party Beneficiary Rights: This Agreement is entered into for the sole
benefit of City and Consultant 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.
6.18. Headings: Paragraphs and subparagraph headings contained in this Agreement
are included solely for convenience and are not intended to modify, explain or to be a full or
accurate description of the content thereof and shall not in any way affect the meaning or
interpretation of this Agreement.
6.19. Construction: The parties have participated jointly in the negotiation and drafting
of this Agreement. In the event an ambiguity or question of intent or interpretation arises with
respect to this Agreement, this Agreement shall be construed as if drafted jointly by the parties
and in accordance with its fair meaning. There shall be no presumption or burden of proof
7 Lindy's Cold Planing
favoring or disfavoring any party by virtue of the authorship of any of the provisions of this
Agreement.
6.20. Amendments: Only a writing executed by the parties hereto or their respective
successors and assigns may amend this Agreement.
6.21. Waiver: The delay or failure of either party at any time to require performance or
compliance by the other of any of its obligations or agreements shall in no way be deemed a
waiver of those rights to require such performance or compliance. No waiver of any provision of
this Agreement shall be effective unless in writing and signed by a duly authorized representative
of the parry against whom enforcement of a waiver is sought. 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.
6.22. Prevailing Wage: Consultant shall comply in all respects with Title 40 U.S.C.
Section 276x, also known as "The Davis -Bacon Act," where Federal government funds are
involved, and Consultant 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 a statement with respect
to the wages of each of its employees during the preceding weekly payroll period.
6.23. Severability: If any provision of this Agreement is determined by a court of
competent jurisdiction to be unenforceable in any circumstance, such determination shall not
affect the validity or enforceability of the remaining terms and provisions hereof or of the
offending provision in any other circumstance. Notwithstanding the foregoing, if the value of
this Agreement, based upon the substantial benefit of the bargain for any parry is materially
impaired, which determination as made by the presiding court or arbitrator of competent
jurisdiction shall be binding, then both parties agree to substitute such provision(s) through good
faith negotiations.
6.24. Counterparts: This Agreement may be executed in one or more counterparts,
each of which shall be deemed an original. All counterparts shall be construed together and shall
constitute one agreement.
6.25. 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.
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.
8 Lindy's cola Planing
CITY OF COSTA MESA,
A municipal corporation
Date:
Mayor of the City of Costa Mesa
LINDY'S COLD PLANING
Date:
Signature
Name and Title
Social Security or Taxpayer ID Number
ATTEST:
City Clerk and ex -officio Clerk
of the City of Costa Mesa
APPROVED AS TO FORM:
Date: l�
City Attorne
APPROVED AS TO INSURANCE:
Risk Management
APPROVED AS TO CONTENT:
Project Manager
Date:
Date:
9 Lindy's Cold Planing
EXHIBIT A
CITY'S REQUEST FOR PROPOSAL
10 Lindy's Cold Planing
CITY OF COSTA MESA
77 FAIR DRIVE, P.O. BOX 1200, COSTA MESA, CA 92628-1200
FINANCE DEPARTMENT
PURCHASING
CITY OF COSTA MESA
INVITATION FOR BIDS
ASPHALT GRINDING — COLD PLANING
BID ITEM NO. 1133
NOTICE IS HEREBY GIVEN that sealed bids will be received by the City of Costa Mesa to wit: The
City Clerk, P.O. Box 1200, Costa Mesa, California 92628-1200, on or before the hour of 10:00 a.m.
on April 05, 2010. It shall be the responsibility of the bidder to deliver their bid to the City Clerk Office
by the herein stated time. Delivery Location: City of Costa Mesa, 77 Fair Drive, Room 101, Costa
Mesa, California 92626.
Bids shall be returned to the attention of the City Clerk, within said time limit, in a sealed envelope
identified on the outside with the Bid Item Number and the Opening Date. Bids will be publicly
opened and read aloud at 10:00 a.m. or as soon thereafter as practicable on April 05, 2010 in the
Council Chambers.
A pre-bid meeting will take place on Wednesday, March 17, 2010 at 10:00 a.m. at the City of Costa
Mesa City Hall, 77 Fair Drive, Costa Mesa, California 92626 in Meeting Room 1A.
Attendance at the pre-bid meeting is not mandatory.
The Invitation for Bid may be obtained by authorized vendors at the Office of the Purchasing
Supervisor, 77 Fair Drive, Room 100, Costa Mesa, California 92626, 714/754-5212 or online at
www.ci.costa-mesa.ca.us.
Dated: March 01, 2010
PHONE: (714) 754-5227 FAX: (714) 754-5244 TDD: (714) 754-5244 www.ci.costa-mesa.ca.us
TABLE OF CONTENTS
Introduction........................................................................................................................ 3
Termof Contract................................................................................................................
3
Descriptionof Work...........................................................................................................
3
MinimumQualitications.....................................................................................................
3
License Requirements
Scope of Work Standards and Specifications...............................................................
4 - 5
Safety and Traffic Control
Equipment / Equipment Capabilities
Specifications
Instructions to Bidders....................................................................................................
6-8
Pre -Bid Conference
Inquiries
Bid Openings and Bid Results
Award of Contract
Execution of Contract — Professional Services Agreement
Termsand Conditions..................................................................................................
9-10
Prevailing Wage Requirement
Indemnification..................................................................................................................
11
Insurance....................................................................................................................
12-13
Worker's Compensation Insurance
Liability Insurance Coverage
Proof of Insurance
StandardConditions..........................................................................................................
14
Bidder's Information Form................................................................................................
15
References..........................................................................................................................
16
BidForm.....................................................................................................................
17-19
Contract Services Pricing List
Bidder's Acknowledgement
ATTACHMENT "A" - Sample Document
Professional Services Agreement - Sample...........................................................
20-27
ATTACHMENT "B" - Exhibit Document
Council Policy — Drug-free Workplace....................................................................
28-30
2 Bid 1133— Asphalt Grinding Services.doc
INTRODUCTION
The purpose of this bid is to establish a three-year contract to provide the services of a contractor to
perform asphaltic grinding — cold planing services on various streets throughout the City of Costa Mesa.
TERM OF CONTRACT
It is the intent of the City to enter into a three-year price agreement for asphalt grinding — cold planing
services. The City reserves the right to extend this contract up to three (3) additional one-year (1) terms
at its sole discretion and upon mutual agreement of the parties. The services under this contract will
commence as soon as possible following the May 04, 2010, City Council meeting and shall continue
through April 30, 2013 with three additional one-year optional renewals thereafter. This contract will not
exceed 6 years.
DESCRIPTION OF WORK
The work is to be performed on various streets and other locations throughout the City and shall include,
but not be limited to: grinding (cold planing) of entire surface of specified areas of pavement to depths
up to 1-1/2" in the areas designated by the City Representative. Contractor is to provide all equipment,
labor, materials and services as may be necessary for completing the work identified in the Scope of
Work Standards and Specifications.
LOCATION OF WORK
All work to be performed hereunder is located within the City of Costa Mesa, County of Orange on
various streets and other locations to be assigned by the City Representative.
MINIMUM QUALIFICATIONS
Bidders must demonstrate that they have the resources, capacity and capability to provide the
materials and services described herein. All bidders shall submit documentation with their proposal
indicating compliance with the minimum qualifications. Failure to include anv of the required
documentation may be cause for proposal to be deemed non-responsive and reiected.
Bidders must demonstrate they have been in business providing similar service for at least the
last three (3) years.
Bidders shall provide, at a minimum, references and descriptions of three (3) projects that are
similar in nature and have been completed within the last two (2) years. These references shall
indicate the firm (and all contact information) and a thorough description of the services
performed.
Bidders must be bonded and must provide proof of bonding.
LICENSE REQUIREMENT: Prior to the award of the contract the Prime Contractor must be licensed
in the State of California with a valid Class A license or other appropriate and legal designation. In
accordance with California Public Contract Code 20103.5, if and when federal funds are involved in local
agency contracts, no bid shall be invalidated by the failure of the bidder to be licensed in California at the
time of bid opening. However, at the time of award, the selected contractor shall be properly licensed in
accordance with the laws of the State.
3 Bid 1133— Asphalt Grinding Services.doc
SCOPE OF WORK STANDARDS AND SPECIFICATIONS
SCOPE OF WORK
The contractor shall provide all labor, supervision, equipment, materials and supplies needed for removal
of asphaltic concrete pavement surfaces by cold milling to specific levels from 0" to 1-1/2" as
designated and/or required by the City of Costa Mesa. Contractor is to provide all equipment, labor and
related services as may be necessary for completing the work identified in the Scope of Work Standards.
No personnel shall be employed on any work under these specifications that are found to be
incompetent, disorderly, troublesome, intemperate, or otherwise objectionable. Any employee who fails
or refuses to perform the work properly and acceptably, as determined the City's Representative, shall
be immediately removed from work on the City contract.
The city anticipates 12 to 15 individual street projects during the upcoming year, and each year
thereafter over the term of the contract. Pricing is to be quoted on a per square surface foot basis.
Average street dimensions are 775' X 37'or a per project total average square surface feet area to be
milled as 28,675 sq. ft. at the depths stated herein.
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: All traffic control is to be provided by the City. However, Contractor must
provide to contractor's own staff 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. All pedestrian control is to be provided by the City. "Sidewalk Closed" or other
appropriate warning signs should be placed by City staff at each end of the work area during all
grinding operations. City staff is to cone off work areas to public access.
Equipment / Equipment Capabilities: Each internal combustion engine used for any purpose on the job
or related to the job shall be equipped with a muffler of a type recommended by the manufacturer of such
equipment. No internal combustion engine shall be operated on the project without said muffler.
SPECIFICATIONS
Work shall consist of removal of asphaltic concrete pavement by cold milling on residential streets
within the City of Costa Mesa limits. The pavement surface shall be removed by cold milling to the
specified depth, width, grade, and cross section as stated herein or as directed by the City
Representative. Cold milling of asphaltic concrete pavement shall be performed in a manner which
reasonably prevents the tearing and breaking of underlying and adjacent pavement. City is to provide
disposal of milled residue materials. Contractor will provide all equipment and operators to load all
milled product into City owned trucks being operated only by City staff. Contractor personnel are not at
any time authorized to operate City equipment.
Specifications are as follows: mill up to 1 '/" in depth at the gutter edge of the street to 0" inches, 13 ft.
out perpendicular to the gutter. The contractor's cold planning machines shall have a cutter head width
no less than 6.5 feet (78 inches) and no more than 6.7 feet (80 inches), and a GVW not to exceed
73,OOOlbs. The number of passes required to achieve the specified width and depth shall be
determined by the Contractor. Also included will be two end, or header cuts, consistent with the depth
of other milling. The included milling is to expose frames of an average of 2 manholes and 3 water
valves to the required depth of milling. All hand grinding of manholes, water valves and other detailed
areas is to be included in pricing.
The equipment used should be equipped with means to effectively control dust generated by the
cutting operation. The City is to provide a water source, on-site water meter and open access to water
and meter.
4 Bid 1133— Asphalt Grinding Services.doc
Contractor will provide all equipment and operators to sweep and remove all grinding residue.
Contractor will completely remove all grinding residue by motorized sweeper at the end of each working
day. Equipment for removing any loose material during the sweeping operation shall have the
capability to effectively remove the material from the milled and/or adjacent roadway. Grinding residue
shall not be permitted to flow or travel into gutters, onto adjacent street surfaces or parkways. The use
of water for washing of milling residue into storm drains or any other drainage structures will not be
permitted.
It can be reasonably anticipated that traffic will be routed onto milled surfaces for short intervals prior to
placement of the final asphaltic concrete surface. If the milled surface is to be used by traffic, the
texture produced by the cold planing operation should be characterized by uniform, discontinuous
longitudinal striations or other patterns which will, in the opinion of the City Representative, provide
satisfactory skid resistance and a safe riding surface. When pavement removal is to be completed
across the entire roadway width, it shall be completed to a uniform termination point in any given
working day.
In the event that the end of any milling operations results in a vertical longitudinal face, creating an
abrupt change in the roadway elevation, both perpendicular and parallel transitions may be achieved
by placement of temporary ramps fashioned from hot mix asphalt. All temporary asphalt ramps must
be removed just prior to final asphaltic concrete base and placement of final course surface.
Upon completion of milling operations on corners where wheelchair ramps are located, contractor shall
place temporary ramps fashioned from hot mix asphalt to facilitate safe use by handicapped
pedestrians. All temporary asphalt wheelchair ramps must be removed within two (2) hours prior to
final paving.
Billing shall be submitted "per project" and shall include the quantity of square surface feet completed,
as well as a stated location designation, such as the street name, or other acceptable information that
would clearly identify the project.
(THIS AREA OF THE PAGE WAS INTENTIONALLY LEFT BLANK)
5 Bid 1133 — Asphalt Grinding Services.doc
INSTRUCTIONS TO BIDDERS
1. DEFINITION OF KEYWORDS USED IN THE SOLICITATION:
For purposes of this solicitation and subsequent contract, the following definitions shall apply:
Bidder: The individual, partnership, or corporation who submits a bid in response to a solicitation.
City: The City of Costa Mesa, California.
Contract: The legal agreement executed between the City and the Contractor/Consultant. The Contract shall include
this IFB document incorporated herein by reference, all terms, conditions, specifications, scope of work, Amendments
and the Contractor's bid as accepted by the City.
Contractor/Consultant: The individual, partnership, or corporation who, as a result of the competitive solicitation
process, is awarded a contract by the City.
Contract Representative: The City employee or employees who have specifically been designated to act as a contact
person or persons to the Contractor; and are responsible for monitoring and overseeing the Contractor's performance
under this Contract.
May: Indicates something that is not mandatory but permissible.
Shall, Will, Must: Indicates a mandatory requirement. Failure to meet these mandatory requirements, if they constitute
a substantive requirement, may at the City's sole discretion, result in the rejection of the bid as non-responsive.
Should: Indicates something that is recommended but not mandatory. If the Bidder fails to provide recommended
information, the City may, at its sole option, ask the Bidder to provide the information or evaluate the bid without the
information.
2. PRE-BID CONFERENCE: If scheduled, the date and time of a Pre -Bid conference is indicated on the cover page of this
document. Attendance at this conference is not mandatory. Written minutes and/or notes will not be available, therefore
attendance is encouraged. If a Bidder is unable to attend the Pre -Bid Conference questions may be submitted in writing.
Bidders are encouraged to submit written questions, via electronic mail or facsimile, at least ten (10) days prior to the
Invitation for Bid due date to the listed above. The purpose of this conference will be to clarify the contents of this
Invitation for Bid in order to prevent any misunderstanding of the City's position. Any doubt as to the requirements of
this Invitation for Bid or any apparent omission or discrepancy should be presented to the City at this conference. The
City will then determine the appropriate action necessary, if any, and may issue a written amendment to the Invitation
for Bid. Oral statements or instructions will not constitute an amendment to this Invitation for Bid.
3. INQUIRIES: Any question related to an Invitation for Bid shall be directed to the Purchasing Buyer. A bidder shall not
contact or ask questions of the department for whom the requirement is being procured. The Purchasing Supervisor
may require any and all questions to be submitted in writing. Bidders are encouraged to submit written questions, via
electronic mail or facsimile, at least ten (10) days prior to the bid due date. Any correspondence related to a solicitation
should refer to the appropriate Invitation for Bid number, page, and paragraph number. An envelope containing
questions should be identified as such otherwise it may not be opened until after the official bid due date and time. Oral
interpretations or clarifications will be without legal effect. Only questions answered by a formal written Amendment to
the Invitation for Bid will be binding. If any potential Bidder is in doubt as to the meaning of any part of the bid
documents, finds discrepancies in, or omissions from the specifications, Bidder may request a written interpretation or
correction thereof, either by mail to the City of Costa Mesa, Purchasing Buyer, 77 Fair Drive, Costa Mesa, California,
92626, by facsimile at (714) 754-5040, or via e-mail at: dstocker@ci.costa-mesa.ca.us. The person submitting such a
request shall be responsible for its prompt delivery.
4. AMENDMENT OF INVITATION FOR BID: All interpretations or corrections of the bid document will be made by
addenda only and duly issued to each submitter's last address of record. The bidder shall acknowledge receipt of an
Invitation for Bid Amendment by signing and returning the document by the specified due date and time. The City is not
responsible for any oral instruction and will not acknowledge any other interpretation of the bid document.
5. FAMILIARIZATION WITH SCOPE OF WORK: Before submitting a bid, each bidder shall familiarize itself with the
requirements, laws, regulations and other factors affecting contract performance. The Bidder shall be responsible for
fully understanding the requirements of the subsequent Contract and otherwise satisfy itself as to the expense and
difficulties accompanying the fulfillment of contract requirements. The submission of a bid will constitute a
representation of compliance by the Bidder. There will be no subsequent financial adjustment, other than that provided
by the subsequent Contract, for lack of such familiarization.
PREPARATION OF BID:
A. All bids shall be on the forms provided in this Invitation for Bid package. It is permissible to copy these forms as
required. Bidder must submit one (1) original bid and two (2) complete copies of the bid. Copies must be
marked "copy" on the first page. Facsimile or electronic mail bids shall not be considered. Incomplete bids will be
rejected.
B. The Bidder's Information Form, the Independent Price Determination Certification and the Bid Form and any
solicitation amendments must be signed and returned with the bid.
6 Bid 1133 —Asphalt Grinding Services.doc
C. The Bid Form signature page shall be signed by the person authorized to submit a bid. An authorized signature on
the Bidders Information Form, Independent Price Determination Certification, the Bid Form and any Amendment(s)
accompanying the bid documents shall constitute an irrevocable offer to sell the good and/or service specified
herein. Bidder shall submit any additional requested documentation, signifying intent to be bound by the terms of
the agreement.
D. The authorized person signing the bid shall initial erasures, interlineations, or other modifications in the bid.
E. In case of error in the extension of prices in the bid, unit price shall govern. No bid shall be altered, amended or
withdrawn after the specified bid due time and date.
F. Periods of time, stated as a number of days, shall be in calendar days.
G. It is the responsibility of all bidders to examine the entire Invitation for Bid package and seek clarification of any
requirement that may not be clear and to check all responses for accuracy before submitting a bid. Negligence in
preparing a bid confers no right of withdrawal after due date and time.
H. The City shall not reimburse the cost of developing, presenting, submitting or providing any response to this
solicitation.
I. Submission of additional terms, conditions or agreements with the bid document may result in bid rejection.
J. Bidder must list any subcontractors to be utilized in the performance of the contract specified herein.
7. BID OPENINGS AND BID RESULTS: Bids are opened publicly in the City Council Chambers and read on the date
and time published in the bid document. Interested parties are invited to attend the bid opening. Award shall be made
in accordance to Section 2-166 of the City of Costa Mesa Municipal Code, to the lowest, responsive, responsible Bidder
and in accordance with Section 2-171 (e) and Resolution 03=69 in which the City Council established a Costa Mesa
vendor preference. A tabulation of bids received will be available within a reasonable time after the bid opening and the
Bid Results will be posted on the City's website: www.ci.costa-mesa.ca.us. The City of Costa Mesa reserves the right to
postpone the date and time of the bid opening by announcing the postponement at any time prior to the date and time
announced in this document. Award of this bid will be made by the City of Costa Mesa City Council. Subsequent to
Council award, and receipt by successful bidder of the City of Costa Mesa purchase order, successful bidder shall order
and deliver the goods or services. The bid award will be posted on the website after the contract is awarded by the City
Council.
8. PAYMENT TERMS: Subsequent to receipt of goods, the vendor must submit an invoice for payment. Invoices shall be
sent to: City of Costa Mesa, Accounts Payable, P. O. Box 1200, Costa Mesa, CA. 92628-1200. Invoices shall include
the Purchase Order number, description of the goods provided and price. Payment shall be made within thirty (30) days
after receipt of invoice. Invoices are to be submitted in arrears for goods provided. Any "prompt payment discounts" will
be taken by the City of Costa Mesa, if possible, and will be included in the bid evaluation, if the terms offered are for
twenty (20) or more days. Payment discounts must be clearly indicated on the Bid Form. Payment discount periods
shall be computed from the date of receipt of the material/service or correct invoice, whichever is later, to the date City's
warrant is mailed.
9. PUBLIC RECORD: All bids submitted in response to this invitation shall become the property of the City and shall
become a matter of public record available for review subsequent to the contract award.
10. CERTIFICATION: By signature on the Bidder's Information Form, Independent Price Determination Certification, Bid
Form, and any accompanying bid documents, bidder certifies:
A. The submission of the offer did not involve collusion or other anti-competitive practices.
B. The Bidder shall not discriminate against any employee, or applicant for employment in violation of Federal or State
law.
C. The Bidder has not given, offered to give, nor intends to give at any time hereafter, any economic opportunity, future
employment, gift, loan, gratuity, special discount, trip, favor, meal or service to a public servant in connection with
the submitted offer.
D. The Bidder hereby certifies that the individual signing the bid is an authorized agent for the bidder and has the
authority to bind the Bidder to the Contract.
E. Bidder hereby agrees that the material, equipment or services offered will meet all the requirements of the
specifications in this solicitation unless deviations from them are clearly indicated in the Bidder's response. Bidder
may submit an attachment entitled "Exceptions to Specifications, which must be signed by Bidder's authorized
representative. An explanation must be made for each item to which an exception is taken, giving in detail the
extent of the exception and the reason for which it is taken. Bids failing to comply with this requirement will be
considered non-responsive. Submittal of brochure or other manufacturer literature is desirable but shall not be an
acceptable substitution for this requirement. Supplier shall be solely responsible for clearing the right to use any
patented or copyrighted materials in the performance of this contract.
11. LATE BIDS: Late bids shall be rejected.
7 Bid 1133 —Asphalt Grinding Services.doc
12. OFFER AND ACCEPTANCE PERIOD: In order to allow for an adequate evaluation, the City requires a bid in response
to this solicitation to be valid and irrevocable for ninety (90) days after the bid due date and time.
13. TAXES: The City of Costa Mesa is exempt from federal excise tax.
14. LAWS GOVERNING CONTRACT: All bids shall comply with current federal, state, local and other laws relative thereto.
This contract shall be in accordance with the laws of the State of California. The parties stipulate that this contract was
entered into in the County of Orange, in State of California. The parties further stipulate that the County of Orange,
California, is the only appropriate forum for any litigation resulting from a breach hereof or any questions risen here from.
All articles delivered under this contract must conform to the Safety Orders of the State of California, Division of
Industrial Safety. Supplier shall comply with all Cal -OSHA Standards, air pollution control, water pollution, Safety and
Health Ordinances and statues, which apply to the work performed or supplies provided pursuant to this contract
including, but not limited to, any requirements specified in State government codes.
15. AWARD OF CONTRACT:
A. Unless otherwise provided within the IFB, the City reserves the right to award by individual line item, by group of
line items, or as a total, whichever is deemed most advantageous to the City.
B. Notwithstanding any other provision of the Invitation for Bid, the City reserves the right to:
(1) waive any immaterial defect or informality; or
(2) reject any or all bids, or portions thereof; or
(3) reissue an Invitation for Bid.
C. A response to the Invitation for Bid is an offer to contract with the City based upon the terms, conditions, and
Specifications contained in the City's Invitation for Bid. Bids do not become Contracts unless and until they are
executed by the City Council. All of the terms and conditions of the Contract are contained in the Invitation for Bid,
unless any of the terms and conditions are modified by an IFB Amendment, a Contract Amendment, or by mutually
agreed terms and conditions in the Contract documents.
D. The City of Costa Mesa may cancel this contract WITHOUT CAUSE at any time by giving thirty (30) days written
notice to the supplier/contractor. The City of Costa Mesa may cancel this contract WITH CAUSE at any time by
giving ten (10) days written notice to the supplier/contractor. Cancellation for cause shall be at the discretion of the
City of Costa Mesa and shall be, but is not limited to, failure to supply the materials, equipment or service specified
within the time allowed or within the terms, conditions or provisions of this contract. The successful Bidder may not
cancel this contract without prior written consent of the Purchasing Supervisor.
E. If any provisions, or portions of any provisions, of this contract are held invalid, illegal, or unenforceable, they shall
be severed from the contract and the remaining provisions shall be valid and enforceable.
16. FORCE MAJEURE: If execution of this contract shall be delayed or suspended and if such failure arises out of causes
beyond the control of and without fault or negligence of the Contractor, the Contractor shall notify the City of Costa
Mesa, in writing, within twenty-four (24) hours, after the delay. Such causes may include but are not limited to acts of
God, war, acts of a public enemy, acts of any governmental entity in its sovereign or contractual capacity, fires, floods,
epidemics, strikes and unusually severe weather.
17. SELL OR ASSIGN: The successful Bidder shall not have the right to sell, assign, or transfer, any rights or duties under
this contract without prior specific written consent of the City of Costa Mesa.
18. INDEPENDENT PRICE DETERMINATION: This bid is made without prior understanding, arrangement, agreement, or
connection with any corporation, firm, or person submitting a bid for the same materials, supplies, or equipment, and is
in all respects fair and without collusion or fraud. By signing this bid document, the bidder certifies they have not
entered into any arrangement or agreement with any City of Costa Mesa public officer. It is understood that collusive
bidding is a violation of State and Federal law and can result in fines, prison sentences, and civil damage awards. The
bidder agrees to abide by all conditions of this bid and certify they are authorized to sign this bid for the bidder.
19. EXECUTION OF CONTRACT. A Professional Services Agreement will be created by the City Attorney's Office (See
Sample Attachment A). The bid document, the bid submittal, and the Professional Services Agreement will become
incorporated as the complete contract. The Successful Bidder shall execute the contract, including but not limited to
signing all necessary documents and submitting all required evidences of insurance, within ten (10) days after personal
delivery of the notice or within fifteen (15) days after such notice has been deposited in the United States mail. Incase
of failure of the successful bidder to execute and return the contract and all required documents within the time allowed,
the City of Costa Mesa may, at its option, consider that the bidder has abandoned the contract.
(SEE STANDARD AND WORK ORDER CONDITIONS ON PAGE 14) - ALSO PRINTED ON THE BACK OF THE PURCHASE ORDER)
8 Bid 1133 — Asphalt Grinding Services.doc
TERMS AND CONDITIONS
A. No guarantee may be given as to the estimated annual square surface feet of cold planing grinding.
Contractor agrees to supply items/services as needed by the City, at the price listed upon purchasing
document regardless of usage.
B. This contract is subject to and contingent upon applicable budgetary appropriations being made by the
City of Costa Mesa's City Council for each fiscal year during the term of this contract. If such
appropriations are not forthcoming, the contract will be terminated without penalty to the City. This
contract may be renewed, on an annual basis, by mutual agreement of both parties. The City is not
required to give a reason if it elects not to renew.
C. Contractor agrees to supply items and/or services listed, as needed by the City, at prices listed herein,
regardless of item usage. No price increase will be permitted during the first contract year. All decreases
will automatically be extended to the City. Requests for price increase in the second or third year will
require thirty days written notice to the Purchasing Division and include bona fide proof of cost increase.
The net dollar amount of profit will remain firm during the period of the contract. The City of Costa Mesa
reserves the right to accept, negotiate or refuse the increase request, rebid the contract, or take any
other action it deems appropriate in lieu of granting contract price increases.
D. Default: In the event of contractor's default, the City of Costa Mesa may procure from other sources and
hold the original bidder liable for any resulting increased costs.
E. A purchase order resulting from this Invitation for Bid will include all City of Costa Mesa specifications,
terms and conditions contained herein unless specifically modified by the City of Costa Mesa prior to the
award. The City of Costa Mesa's terms and conditions will take precedence over other terms and
conditions.
F. All changes in specifications will be issued in writing. The City of Costa Mesa is not responsible for any
oral instruction.
G. Conflict of Interest: Supplier/Contractor shall exercise reasonable care and diligence to prevent any
actions or conditions that could result in a conflict with the best interest of the City. This obligation shall
apply to supplier/contractor's employees, agents, relatives, sub -tier contractors, and third parties
associated with accomplishing the work hereunder. Supplier/Contractor's efforts shall include, but not be
limited to, establishing precautions to prevent its employees or agents from making, receiving, providing,
or offering gifts, entertainment, payments, loans, or other considerations which could be deemed to
appear to influence individuals to act contrary to the best interest of the City. In addition, the awarded
supplier/contractor shall not employ any regular employee of the City of Costa Mesa while this contract is
in effect.
H. Supplier/Contractor shall comply with all air pollution control, water pollution, Safety and Health
Ordinances and statues, which apply to the work performed or supplies provided pursuant to this contract
including, but not limited to, any requirements specified in State government codes.
I. Patent/Copyright Materials: Supplier/Contractor shall be solely responsible for clearing the right to use
any patented or copyrighted materials in the performance of this contract.
J. This contact shall be constructed and interpreted according to the laws of the State of California.
K. Any correspondence referring to the terms, prices and conditions of this contract must be directed to the
Purchasing Office to the attention of the Purchasing Buyer. For further information, contact Don Stocker
at (714) 754-5227. Under no circumstances shall the Contractor contact the using department without
first clearing it through the Purchasing Office. Any changes beyond this document shall occur only when
ordered in writing by the City of Costa Mesa Purchasing Supervisor. In absence of such written order,
any such product supplied or work done shall be considered unauthorized and will not be paid.
9 Bid 1133— Asphalt Grinding Services.doc
L. Contractor agrees that if there is a change in ownership prior to completion of this price agreement, the
new owners will be required under terms of sale to assume this contract and complete it to the
satisfaction of the City.
M. The provisions of Section 1773 of the California Labor Code, the general prevailing rates of per diem wages
and holiday and overtime work in the locality in which the work is to be performed will apply. The contractor,
and any subcontractor, shall pay not less than the specified prevailing rates of wages to all workmen
employed in the execution of the contract. The responsibility of compliance with the provisions of the
California Labor Code, Section 1770 et seq. shall be with the prime contractor, and as such, is responsible
for ascertaining and complying with all applicable general prevailing wage rates for trade workers, and any
rate changes that may occur during the term of the contract.
N. Contractor is, for all purposes arising out of this contract, an independent contractor and shall not be deemed
an employee of the City of Costa Mesa. It is expressly understood and agreed that the successful bidder
shall in no event, as a result of this contract, be entitled to any benefits to which City of Costa Mesa
employees are entitled, including but not limited to, overtime, any retirement benefits, worker's compensation
benefits, and injury leave or other leave benefits.
O. Assignment or Subcontracting: No performance of this contract or any portion thereof may be assigned or
subcontracted by the contractor without the express written consent of the City. Any attempt by the
contractor to assign or subcontract any performance of this contract without express written consent of the
City shall be invalid and shall constitute a breach of this contract. Whenever the contractor is authorized to
subcontract or assign, the terms thereof shall incorporate by reference and not conflict with this contract.
P. The contractor warrants that all persons employed have satisfactory past records indicating their ability to
accept the kind of responsibility anticipated in this type of work. All employees shall be required to wear
uniforms, badges or other means of identification which are to be furnished by the contractor and must be
worn at all times while working on City property.
Q. The contractor acknowledges that he has read and understands the City of Costa Mesa's Council Policy
#100-5 "Drug -Free Workplace" included as Attachment B and hereby agrees to comply with the required
policy.
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INDEMNIFICATION
Contractor shall protect and indemnify the City of Costa Mesa, the City Council, and all of its or their
officers, agents and servants against any claim or liability arising from or based on bidder's violation of
any existing or future State, Federal, and local laws, ordinances, regulations, orders or decrees
pertaining to bidder's submittal.
All work covered by this contract done at the job site or in preparing or delivering materials or
equipment to and/or from the job site shall be at the risk of contractor alone.
Contractor agrees to protect, defend, indemnify, save and hold harmless the City and its elected and
appointed boards, officers, agents, and employees from any and all claims, liabilities, expenses, or
damages of any nature, including attorney fees, for injury to or death of any person (contractor's
employees included), and for injury to any property, including consequential damages of any nature
resulting there from, arising out of or in any way connected with the performance of this contract,
except that the indemnity obligation of contractor shall be reduced by an amount proportional to the
active negligence of City, if any.
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 56 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, or every nature and description, including attorney fees, that may be presented,
brought or recovered against the City for or on account of any liability under or failure to comply with
any of said laws which may be incurred by reason of any work performed under this contract by
contractor or any subcontractor or others performing on behalf of contractor.
The 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 the City or the deposit with the City by
contractor of any or all of the required insurance policies.
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 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 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 City's property
created by contractor or existing while the property was under the control of contractor, contractor shall
not be relieved of its indemnity obligation to City by any settlement with any such third party unless that
settlement includes a full release and dismissal of all claims by the third party against the City.
11 Bid 1133— Asphalt Grinding Services.doc
INSURANCE
Contractor shall not commence work under this contract until he/she has obtained all insurance
required under this section and the insurance has been approved by City 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 this contract.
WORKERS' COMPENSATION INSURANCE
A. Contractor shall obtain and maintain during the life of this contract workers' compensation
insurance and, if any work is sublet, contractor shall require all subcontractors to obtain workers'
compensation insurance.
B. 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.
C. Contractor is aware of the provision of Section 3700 of the Labor Code, which requires every
employer to be insured against liability for Workman's Compensation or undertake self-
insurance in accordance with the provisions of that Code, and will comply with such provisions
before commencing the performance of the work of this contract.
LIABILITY INSURANCE COVERAGE
A. Contractor shall obtain and maintain during the life of this contract the following insurance
coverage:
■ Commercial General Liability, including coverage for premises -operations,
products/completed operations hazard, blanket contractual, broad form property damage,
and independent contractors, personal injury.
■ Automobile liability, including owned, hired, and non -owned vehicles.
B. The above insurance coverage shall have limits of not less than one million dollars
($1,000,000.00) combined single limit, per occurrence and aggregate.
C. Endorsements to the policies providing the above insurance shall be obtained by contractor,
adding the following three provisions:
■ Additional insured: (For Commercial General Liability only)
"The City of Costa Mesa and its elected and appointed boards, officers, agents,
and employees are additional insured with respect to the subject project and agreement:"
This needs to be done by an endorsement to the policy.
■ 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."
12 Bid 1133— Asphalt Grinding Services.doc
■ 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."
D. All insurance carriers utilized by the contractor or any subcontractor under this contract shall be
approved by the California Department of Insurance to transact business in the State of
California. The types of services provided under this contract may further require contractor's
insurance carrier(s) to be admitted insurers in the State of California.
• • • ► 31:7_1► C
Prior to award of the contract, contractor shall furnish City proof of compliance with the above
insurance requirements in a form satisfactory to the City Attorney and/or Risk Management.
Name of Insurance Company/Broker Address
Insurance Company/Broker Contact Telephone
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13 Bid 1133— Asphalt Grinding Services.doc
CONDITIONS. The following standard conditions are always applicable, and the following work order conditions are also applicable when this order provides for performance of any work.
STANDARD CONDITIONS
1. Law: This contract is govemed by the laws of the State of California. The
provisions of the Uniform Commercial Code shall apply except as otherwise set
forth in this contract.
2. Contract: This order, when accepted by SELLER either in writing or by the
shipment of any article or other commencement of performance hereunder,
constitutes the entire contract between SELLER and the CITY, no exceptions,
alternates, substitutes or revisions are valid or binding on the CITY unless
authorized by the CITY in writing. The SELLER acknowledges that he has read
and agrees to all terms and conditions of this contract/purchase order. The only
terms and conditions that will be applicable to the interpretation of this contract
are those issued by the City of Costa Mesa.
3. Taxes: Unless otherwise provided herein or by law, price quoted does not include
California State sales or use tax. The City is exempt from Federal excise tax.
4. Delivery: Time of delivery is the essence of this contract The CITY reserves the
right to refuse any goods and to cancel all or any part of the goods not delivered
by the due date and/or not conforming to applicable specifications, drawings,
samples or descriptions. Acceptance of any part of the order shall not bind CITY
to accept future shipments, nor deprive it the right to return goods already
accepted, at SELLER'S expense. Over shipments and under shipments shall be
only as agreed to by CITY.
5. Risk of Loss: Delivery shall not be deemed to be complete until goods have
been actually received and accepted by CITY. Payment shall be made after
satisfactory acceptance of shipments by the CITY.
6. Warranty: SELLER expressly warrants that the goods covered by this order are
of merchantable quality, satisfactory and safe for consumer use, and are fit for the
particular purpose as set forth in the CITY'S specification. Acceptance of this
order shall constitute an agreement upon SELLER'S part to indemnify and hold
harmless from liability, loss, damage and expense, including reasonable attorney
fees, incurred or sustained by CITY, its officers, employees and agents, by reason
of the failure of the goods to conform to such warranties, faulty work performance,
negligent or unlawful acts, and noncompliance with any applicable local, State or
Federal codes, ordinances, orders, or statutes, including the Occupational Safety
and Health Act (OSHA) and the California Industrial Safety Act. Such remedies
shall be in addition to any other remedies provided by law. Inspection by the City
of Costa Mesa or its agents or employees and acceptance of the articles,
materials and work covered by this contract shall not constitute release or waiver
of the City of Costa Mesa's rights by reason of failure of Contractor to comply with
any of the warranties contained herein. Warranties herein expressed or implied
shall be construed as consistent with each other and as cumulative and, where in
conflict, the specifications of the City of Costa Mesa shall be paramount.
7. Infringement: SELLER shall indemnify and defend CITY, at SELLER'S expense,
against all claims, demands, suits, liability and expense on account of alleged
infringement of any patent, copyright or trademark, resulting from or arising in
connection with the manufacture, sale, normal use or other normal disposition of any
article or material furnished hereunder.
8. Assignment: Neither this order nor any claim against CITY arising directly or
indirectly out of or in connection with this order shall be assignable by SELLER or by
operation or law, nor shall SELLER subcontract any obligations hereunder, without
CITY'S prior written consent
Default: If SELLER or any subcontractor breaches any provision hereof, or
becomes insolvent, enters bankruptcy, receivership or other like proceeding
(voluntarily or involuntarily) or makes assignment for the benefit or creditors, CITY
shall have the right, in addition to any other rights it may have hereunder or by law,
to terminate this order by giving SELLER written notice whereupon (a) CITY shall be
relieved of all further obligation hereunder, except to pay the reasonable value of
SELLER'S prior performance, but not more than the contracted price, and (b) CITY
may procure the articles or services from other sources and may deduct from unpaid
balance due the vendor or may collect against the bond or surety, or may invoice
the vendor for excess cost so paid. The price paid by CITY shall be considered
prevailing market price at the time such purchase is made.
10. Labor Disputes: Whenever any actual or potential labor dispute delays or threatens
to delay the timely performance of this order, SELLER shall immediately give written
notice thereof to CITY.
11, Nondiscrimination: In the performance of the terms of any contract resulting from
this order, SELLER agrees that they will not engage nor permit such subcontractors,
where applicable as he may employ, from engaging in discrimination in employment
of persons because of the race, color, sex, national origin or ancestry, disability or
religion of such person.
12. Termination: The CITY reserves the right to terminate this contract without penalty
and without cause after 30 days' written notice unless otherwise specked.
WORK ORDER CONDITIONS
13. Performance: SELLER shall perform all work diligently, carefully, and in a good 1s.
and workmanlike manner, shall furnish all labor, supervision, machinery,
equipment, materials and supplies necessary therefore; shall obtain and maintain
all building and other permits and licenses required by public authorities in
connection with performance of the work; and, if permitted to subcontract, shall be
fully responsible for all work performed by subcontractors. SELLER shall conduct
all operations in SELLER'S own name and as independent contractor, and not in
the name of, or as an agent for CITY.
14. Indemnification: The Contractor hereby agrees to defend at his own cost and to
indemnify and hold harmless the City of Costa Mesa, its officers, agents and
employees, from and against any and all liability, damages, costs, losses, claims
and expenses, howsoever caused, resulting directly or indirectly from or
connected with the performance of the contract (including but not limited to such
liability, costs, damage, loss, claim, or expense arising from the death or injury to
an agent or employee of the Contractor, subcontractor, or the City of Costa Mesa
or loss of, damage to, or destruction of the property of Contractor, subcontractor,
or of the City of Costa Mesa, or of any agent or employee of the Contractor,
subcontractor, or of the City of Costa Mesa), except where such liability,
damages, costs, losses, claims or expenses are caused solely by the negligent or
wrongful acts of the City of Costa Mesa or any of its agents or employees other
than negligent omission or commissions of the City of Costa Mesa, its agents or
employees, in connection with the general supervision or direction of the work to
be performed hereunder. The Contractor, in addition to the foregoing, specifically
shall indemnify and save harmless the City of Costa Mesa, any and all of the City
of Costa Mesa's officers, agents, and employees, from any liability by reason of
California safe place statutes or similar provisions pertaining to the workplace or
safety of materials or equipment supplied by the City of Costa Mesa or others at
the direction of the City of Costa Mesa and used in the performance of the work
hereunder.
Insurance: SELLER shall maintain in full force during the term of this contract the
following insurances, in a form and with companies as approved by the CITY, with
limits not less than those specified: (a) Worker's Compensation and Employer's
Liability complying with any statutory requirements; (b) Commercial General Liability
insurance including broad form property damage, products/completed operations
and contractual liability coverage, with a $1,000,000 combined single limit each
occurrence; Endorsements to the Commercial General Liability insurance shall be
obtained by contractor, adding the following three provisions; (1) Additional
insureds: "The City of Costa Mesa and its elected and appointed boards, officers,
agents, and employees are additional insureds with respect to the subject project
and agreement." (2) Notice: "Said policy shall not terminate, nor shall it be cancelled
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." (c)
Comprehensive Auto Liability (including the owned, nonowned and hired automobile
hazards) with $1,000,000 combined single limit each occurrence. If the CITY so
desires, these limits may be increased or decreased.
16. Bills and Liens: SELLER shall pay promptly all indebtedness for labor, materials
and equipment used in performance of the work. SELLER shall not permit any lien
or charge to attach to the work or the premises, but if any does so attach, SELLER
shall promptly procure its release and indemnify CITY against all damages and
expense incident thereto.
17. Bonds: If the CITY so desires, SELLER shall provide payment and performance
bonds as required.
18. Changes: SELLER shall make no change in the work or perform any additional
work without the CITY'S specific written approval.
MISCELLANEOUS CONDITIONS
19. All plants and materials must be free of pests and disease. If any are found, the 20. Vendor is required to provide a completed MSDS (Material Safety Data Sheet) for
material will be rejected and refused. Vendor will pick up at no cost to the CITY. hazardous substances as required by Labor Code Sections 6390; General Industrial
Safety Order, Section 5194; and Title 8, California Admins. Code. MSDS sheet for
each specified item shall be sent to place of shipment, and a copy sent to the
Purchasing Division.
DEFINITION
Whenever used herein, "CITY" shall mean, City of Costa Mesa, a political subdivision of the State of California.
BIDDER'S INFORMATION FORM
If the bid is by 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. If the bid is by a partnership or a joint venture,
state the names and addresses of all general partners and joint venture parties. 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 undersigned, as bidder, declares that all documents regarding this bid have been examined and
accepted and that, if awarded, will enter into a contract with the City of Costa Mesa.
Firm Name:
Address:
Telephone: (
Area Code
Length of time in business:
Federal Tax I.D. Number:
Authorized Signature:
Fax: (
Area Code
Incorporated: Yes No
Circle One: Owner Partner Officer Other
Print Signature Name:
Title:
Vendor Contact Person:
Telephone: (
Area Code
E-mail address:
15 Bid 1133— Asphalt Grinding Services.doc
REFERENCES
The Bidder is required to state what work of the same character to that included in the proposed contract
he/she has successfully performed, especially for public agencies, and give references which will enable
the City to judge his/her responsibility, experience, skill, and business and financial standing. Include at
least three references in California with the name of the firm, address, contact person, phone number,
and dollar amount of the contract. Detail any involvement, past or current, relative to litigation or other
disputes, if any, concerning your performance. References shall not be within the bidder's own
organization or subsidiary. The City of Costa Mesa reserves the right to contact all references.
Firm Name:
Address:
Contact Person:
Contract Amount:
Firm Name:
Address:
Contact Person:
Contract Amount:
Firm Name:
Address:
Contact Person:
Contract Amount:
Phone:
Phone:
16 Bid 1133— Asphalt Grinding Services.doc
11-1 9 6Z 1_l
To: City of Costa Mesa
Purchasing Office Room 100
77 Fair Drive City
Costa Mesa, CA 92626
From:
Name of Bidder
Mailing Address
City, State, & Zip
Responding to Invitation for Bid No. 1133 due Monday, April 05, 2010 at 10:OOam, the undersigned
Bidder agrees to provide asphaltic concrete grinding services as described herein for the City of Costa
Mesa on a time, labor and materials used basis as needed. I/We have stated herein the price(s) at
which we will provide the services described in this document (pages 4-5). Bidder further agrees; in
addition to the terms and conditions specified herein the following terms and conditions that are a part of
this bid and any resulting contract:
Award shall be made in accordance to Section 2-166 of the City of Costa Mesa Municipal Code, to
the lowest, responsive, responsible bidder and in accordance with Section 2-171(e) and Resolution
03-69 in which the City Council established a Costa Mesa vendor preference.
To be considered for award, this bid form shall be signed by an authorized representative of the bidder.
Where applicable, the City of Costa Mesa will calculate the California Sales Tax at 8.75% (Orange
County rate) on parts/materials and pay it to the Successful Bidder(s) who are California suppliers.
Where applicable, the City of Costa Mesa will pay the State Sales Tax directly to the State of California
when the Successful Bidder(s) is not registered with the state to collect it. The City of Costa Mesa is
exempt from Federal Excise Tax.
The Contractor shall complete the requested work within the time period designated by the City and
submit written billing within 30 days of completion. The written billing shall be submitted in duplicate.
Billing shall be submitted "per project" and shall include the quantity of square surface feet completed,
as well as a stated designation, such as the street name, to identify the project.
Please quote your most competitive pricing, INCLUDING ANY GOVERNMENT OR CO-OPERATIVE
AGREEMENT PRICING. Bids that are not filled out completely will be ruled nonresponsive and will not
be evaluated. Bidder is to complete and include all requested information, including signatures, and
return all pages of the bid as the bid submittal.
"PIGGYBACK" CLAUSE: Bidder shall indicate below if the same prices, terms, and conditions of his
bid will be extended to other public agencies: Yes No. Bidder's response to this question will
not be considered in award of bid. When the Bidder extends the prices, terms, and conditions of this
bid to other public agencies, the contract shall be between Bidder and the other agencies, and the
City of Costa Mesa shall bear no responsibility or liability for the contracts.
Please attach and/or include any additional information that will assist us in determining the total cost of
the service/materials stated.
17 Bid 1133 —Asphalt Grinding Services.doc
BID FORM continued
CONTRACT SERVICES BID PRICING LIST
Unless specified with options, bid pricing should be submitted on a "per square surface foot" basis.
*Each street (project) is an average of 775ft X 37ft or 28,675 square surface feet. *The city anticipates
12 to 15 individual street projects during the upcoming year, and each year thereafter over the term of
the contract. Quoted pricing is to include all milling, hand grinding and sweeping work as stated in
the Scope of Work and Specifications section on pages 4-5. Quoted pricing is to include any and all
move -in charges for all pieces of equipment.
Description of Work Est. Qty Billing Unit Price/Unit Extension
Cold Mill Grinding and removal of *28,675 sq fter square
asphaltic concrete and residue per the p q
Scope of Work Specifications
Per project surface foot $ $
Total of *15 proiects anticipated
during each year of contract. *X 15 **Grand Total $
Please state in clock hours the
estimated time for your company to project size =
complete one project of the 28,675 sq ft
dimensions stated herein. Total hours =
*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.
**This amount shall be the not to exceed amount per year of the contract.
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18 Bid 1133 —Asphalt Grinding Services.doc
BID FORM continued
Independent Price Determination
Authorized signature below certifies that this bid is made without prior understanding, arrangement,
agreement, or connection with any corporation, firm or person submitting a bid for the same materials,
supplies, or equipment, and is in all respects fair and without collusion of fraud. Authorized signature
below certifies that no arrangements or agreements have been entered into with any City of Costa Mesa
public officer. Authorized signature below acknowledges understanding that collusive bidding is a
violation of State and Federal law and can result in fines, prison sentences, and civil damage awards.
Authorized signature below indicates agreement to abide by all conditions of this bid and certifies that
individual signing is authorized to sign this bid for the Bidder/Contractor.
Term of Offer: Authorized signature below verifies understanding and agreement that this bid may
not be withdrawn for a period of ninety- (90) days from the Bid Submittal Deadline, and at no time in
the case of the successful Bidder.
Bidder's Acknowledgement of Understanding of the Terms and Conditions.
Authorized signature below verifies that Bidder has read, understands, and agrees to the conditions
contained herein and on all of the attachments and agenda.
Statement of Ability to Meet Insurance Requirements
Authorized signature below verifies We/I have reviewed the attached City of Costa Mesa Insurance
Requirements with my insurer and am able to provide verification of coverage after award of the contract.
Statement of Acknowledgement of Drug -Free Workplace Policy
Authorized signature below acknowledges that he has read and understands the City of Costa Mesa's
Council Policy #100-5 in a "Drug -Free Workplace" included as Attachment - A and hereby agrees to
comply with required policy.
Representations Made Under Penalty Of Perjury
The representations herein are made under penalty of perjury. We hereby offer to provide the
services/materials to the City of Costa Mesa the prices stated herein and under the terms and conditions
herein, attached, or incorporated by referenced.
Bidder Name (Person, Firm, Corp.)
Address
City, State, Zip Code
Telephone Number
Signature of Authorized Representative
Printed Name of Authorized Representative
Title of Authorized Representative
Facsimile Number
19
Bid 1133— Asphalt Grinding Services.doc
SAMPLE DOCUMENT ATTACHMENT - A
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this day of , 2008 ("Effective
Date"), by and between the CITY OF COSTA MESA, a municipal corporation ("City"), and
a ("Consultant").
WITNESSETH:
A. WHEREAS, City proposes to have Consultant perform the services described herein below; and
B. WHEREAS, Consultant represents that it has that degree of specialized expertise contemplated
within California Government Code, Section 37103, and holds all necessary licenses to practice and
perform the services herein contemplated; and
C. WHEREAS, City and Consultant desire to contract for specific services in connection with the
project described below (the "Project") and desire to set forth their rights, duties and liabilities in
connection with the services to be performed; and
D. WHEREAS, no official or employee of City has a financial interest, within the provisions of
California Government Code, Sections 1090-1092, in the subject matter of this Agreement.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained
herein, the parties hereby agree as follows:
1.0. SERVICES PROVIDED BY CONSULTANT
1.1. Scope of Services. Consultant shall provide the professional services described in the
City's Invitation for Bids ("IFB") attached hereto as Exhibit "A" and incorporated herein by reference
and Bidder's Response to City's IFB (the "Response"). A copy of said Response is attached hereto
as Exhibit "B" and incorporated herein by this reference.
1.2. Professional Practices. All professional services to be provided by Consultant pursuant
to this Agreement shall be provided by personnel experienced in their respective fields and in a
manner consistent with the standards of care, diligence and skill ordinarily exercised by professional
consultants in similar fields and circumstances in accordance with sound professional practices.
Consultant also warrants that it is familiar with all laws that may affect its performance of this
Agreement and shall advise City of any changes in any laws that may affect Consultant's
performance of this Agreement.
1.3. Warranty. Consultant warrants that it shall perform the services required by this
Agreement in compliance with all applicable Federal and California employment laws including, but
not limited to, those laws related to minimum hours and wages; occupational health and safety; fair
employment and employment practices; workers' compensation insurance and safety in employment;
and all other Federal, State and local laws and ordinances applicable to the services required under
this Agreement. Consultant shall indemnify and hold harmless City from and against all claims,
demands, payments, suits, actions, proceedings, and judgments of every nature and description
including attorneys' fees and costs, presented, brought, or recovered against City for, or on account
of any liability under any of the above-mentioned laws, which may be incurred by reason of
Consultant's performance under this Agreement.
20 Bid 1133 —Asphalt Grinding Services.doc
SAMPLE DOCUMENT ATTACHMENT - A
1.4. Non-discrimination. In performing this Agreement, Consultant shall not engage in, nor
permit its agents to engage in, discrimination in employment of persons because of their race, religion,
color, national origin, ancestry, age, physical handicap, medical condition, marital status, sexual
gender 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.
1.5 Non -Exclusive Agreement. Consultant acknowledges that City may enter into
agreements with other consultants for services similar to the services that are subject to this
Agreement or may have its own employees perform services similar to those services contemplated
by this Agreement.
1.6. Delegation and Assignment. This is a personal service contract, and the duties set forth
herein shall not be delegated or assigned to any person or entity without the prior written consent of
City. Consultant may engage a subcontractor(s) as permitted by law and may employ other
personnel to perform services contemplated by this Agreement at Consultant's sole cost and expense.
2.0. COMPENSATION AND BILLING
2.1. Compensation. Consultant shall be paid in accordance with the fee schedule set forth
in Exhibit "_,n attached hereto and made a part of this Agreement (the "Fee Schedule").
Consultant's compensation shall in no case exceed Dollars ($.00).
2.2. Additional Services. Consultant shall not receive compensation for any services
provided outside the scope of services specified in the Response unless the City or the Project
Manager for this Project, prior to Consultant performing the additional services, approves such
additional services in writing. It is specifically understood that oral requests and/or approvals of such
additional services or additional compensation shall be barred and are unenforceable.
2.3. Method of Billing. Consultant may submit invoices to City's Project Manager for
approval on a progress basis, but no more often than monthly. Said invoice shall be based on the
total of all the Consultant's services which have been completed to City's sole satisfaction. City shall
pay Consultant's invoice within forty-five (45) days from the date City receives said invoice. Each
invoice shall describe in detail, the services performed and the associated time for completion. Any
additional services approved and performed pursuant to this Agreement shall be designated as
"Additional Services" and shall identify the number of the authorized change order, where applicable,
on all invoices.
2.4. Records and Audits. Records of Consultant's services relating to this Agreement shall
be maintained in accordance with generally recognized accounting principles and shall be made
available to City or its Project Manager for inspection and/or audit at mutually convenient times for a
period of three (3) years from the Effective Date.
3.0. TIME OF PERFORMANCE
3.1. Commencement and Completion of Work. The professional services to be performed
pursuant to this Agreement will commence upon notification/request by the City representative as
described in the Scope of Work and Standards section on page 3 of this Agreement. Said services
shall be performed in strict compliance with the Scope of Work and Standards as stated herein. The
Project Schedule may be amended by mutual agreement of the parties. Failure to commence work in
a timely manner and/or diligently pursue work to completion may be grounds for termination of this
agreement.
21 Bid 1133— Asphalt Grinding Services.doc
SAMPLE DOCUMENT ATTACHMENT - A
3.2. Excusable Delays. Neither party shall be responsible for delays or lack of performance
resulting from acts beyond the reasonable control of the party or parties. Such acts shall include, but
not be limited to, acts of God, fire, strikes, material shortages, compliance with laws or regulations,
riots, acts of war, or any other conditions beyond the reasonable control of a party.
4.0. TERM AND TERMINATION
4.1. Term. This Agreement shall commence on the Effective Date and continue for a period
of two (2) years, ending on February 28, 2011 and can be renewed on an annual basis for three
additional one year periods, unless previously terminated as provided herein or as otherwise agreed
to in writing by the parties.
4.2. Notice of Termination. The City reserves and has the right and privilege of canceling,
suspending or abandoning the execution of all or any part of the work contemplated by this
Agreement, with or without cause, at any time, by providing written notice to Consultant. The
termination of this Agreement shall be deemed effective upon receipt of the notice of termination. In
the event.of such termination, Consultant shall immediately stop rendering services under this
Agreement unless directed otherwise by the City.
4.3. Compensation. In the event of termination, City shall pay Consultant for reasonable
costs incurred and professional services satisfactorily performed up to and including the date of City's
written notice of termination. Compensation for work in progress shall be prorated as to the
percentage of work completed as of the effective date of termination in accordance with the fees set
forth herein. In ascertaining the professional services actually rendered hereunder up to the effective
date of termination of this Agreement, consideration shall be given to both completed work and work
in progress, to complete and incomplete drawings, and to other documents pertaining to the services
contemplated herein whether delivered to the City or in the possession of the Consultant.
4.4 Documents. In the event of termination of this Agreement, all documents prepared by
Consultant in its performance of this Agreement including, but not limited to, finished or unfinished
design, development and construction documents, data studies, drawings, maps and reports, shall be
delivered to the City within ten (10) days of delivery of termination notice to Consultant, at no cost to
City. Any use of uncompleted documents without specific written authorization from Consultant shall
be at City's sole risk and without liability or legal expense to Consultant.
5.0. INSURANCE
5.1. Minimum Scope and Limits of Insurance. Consultant shall obtain and maintain during
the life of this Agreement all of the following insurance coverage:
a) Comprehensive general liability, including premises -operations, products/completed
operations, broad form property damage, blanket contractual liability, independent
contractors, personal injury with a policy limit of not less than One Million Dollars
($1,000,000.00), combined single limits, per occurrence and aggregate.
b) Automobile liability for owned vehicles, hired, and non -owned vehicles, with a policy
limit of not less than One Million Dollars ($1,000,000.00), combined single limits, per
occurrence and aggregate.
c) Workers' compensation insurance as required by the State of California.
d) Professional errors and omissions ("E&O") liability insurance with policy limits of not less
than One Million Dollars ($1,000,000.00) combined single limits, per occurrence and
aggregate. Consultant shall obtain and maintain, said E&O liability insurance during the
life of this Agreement and for three years after completion of the work hereunder.
22 Bid 1133— Asphalt Grinding Services.doc
SAMPLE DOCUMENT ATTACHMENT - A
5.2. Endorsements. The comprehensive general liability insurance policy shall contain or be
endorsed to contain the following provisions:
a) Additional insured: "The City of Costa Mesa and its elected and appointed boards,
officers, agents, and employees are additional insured with respect to this subject
project and contract with City."
b) Notice: "Said policy shall not terminate, nor shall it be cancelled, nor the coverage
reduced, until thirty (30) days after written notice is given to City."
c) 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."
5.3. Certificates of Insurance: Consultant shall provide to City certificates of insurance
showing the insurance coverage and required endorsements described above, in a form and content
approved by City, prior to performing any services under this Agreement.
5.4. Non -limiting: Nothing in this Section shall be construed as limiting in any way, the
indemnification provision contained in this Agreement, or the extent to which Consultant may be held
responsible for payments of damages to persons or property.
6.0. GENERAL PROVISIONS
6.1. Entire Agreement: This Agreement constitutes the entire Agreement between the
parties with respect to any matter referenced herein and supersedes any and all other prior writings
and oral negotiations. This Agreement may be modified only in writing, and signed by the parties in
interest at the time of such modification. The terms of this Agreement shall prevail over any
inconsistent provision in any other contract document appurtenant hereto, including exhibits to this
Agreement.
6.2. Representatives. The City Manager or his designee shall be the representative of City
for purposes of this Agreement and may issue all consents, approvals, directives and agreements on
behalf of the City, called for by this Agreement, except as otherwise expressly provided in this
Agreement.
Consultant shall designate a representative for purposes of this Agreement who shall be authorized
to issue all consents, approvals, directives and agreements on behalf of Consultant called for by this
Agreement, except as otherwise expressly provided in this Agreement.
6.3. Project Managers. City shall designate a Project Manager to work directly with
Consultant in the performance of this Agreement. Consultant shall designate a Project Manager who
shall represent it and be its agent in all consultations with City during the term of this Agreement.
Consultant or its Project Manager shall attend and assist in all coordination meetings called by City.
6.4. Notices. Any notices, documents, correspondence or other communications concerning
this Agreement or the work hereunder may be provided by personal delivery, facsimile or mail and
shall be addressed as set forth below. Such communication shall be deemed served or delivered: a)
at the time of delivery if such communication is sent by personal delivery; b) at the time of
transmission if such communication is sent by facsimile; and c) 48 hours after deposit in the U.S. Mail
as reflected by the official U.S. postmark if such communication is sent through regular United States
mail.
23 Bid 1133 —Asphalt Grinding Services.doc
SAMPLE DOCUMENT ATTACHMENT - A
IF TO CONSULTANT: IF TO CITY:
City of Costa Mesa
77 Fair Drive
Costa Mesa, CA 92626
Tel: Tel: 714-327-7558
Fax: Fax: 714-327-7492
Attn: Attn: Dean Rodia
6.5. Drug-free Workplace Policy. Consultant shall provide a drug-free workplace by
complying with all provisions set forth in City's Council Policy 100-5, attached hereto as Exhibit " A "
and incorporated herein by reference. Consultant's failure to conform to the requirements set forth in
Council Policy 100-5 shall constitute a material breach of this Agreement and shall be cause for
immediate termination of this Agreement by City.
6.6. Attorneys' Fees. In the event that litigation is brought by any party in connection with
this Agreement, the prevailing party shall be entitled to recover from the opposing party all costs and
expenses, including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any
of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions
hereof.
6.7. Governing Law. This Agreement shall be governed by and construed under the laws of
the State of California without giving effect to that body of laws pertaining to conflict of laws. In the
event of any legal action to enforce or interpret this Agreement, the parties hereto agree that the sole
and exclusive venue shall be a court of competent jurisdiction located in Orange County, California.
6.8. Assignment. Consultant shall not voluntarily or by operation of law assign, transfer,
sublet or encumber all or any part of Consultant's interest in this Agreement without City's prior
written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void and
shall constitute a breach of this Agreement and cause for termination of this Agreement. Regardless
of City's consent, no subletting or assignment shall release Consultant of Consultant's obligation to
perform all other obligations to be performed by Consultant hereunder for the term of this Agreement.
6.9. Indemnification and Hold Harmless. Consultant shall protect, defend, indemnify and
hold harmless City and its elected and appointed officials, officers, and employees from any and all
claims, liabilities, expenses, including attorney fees, damage to property or injuries to or death of any
person or persons or damages of any nature including, but not by way of limitation, all civil claims or
workers' compensation claims arising out of or in any way connected with the intentional or negligent
acts', error or omissions of Consultant, its employees, agents or subcontractors in the performance of
this Agreement.
6.10. Independent Contractor. Consultant is and shall be acting at all times as an
independent contractor and not as an employee of City. Consultant shall secure, at his expense, and
be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance
Compensation, Unemployment Compensation, and other payroll deductions for Consultant and its
officers, agents, and employees, and all business licenses, if any are required, in connection with the
services to be performed hereunder.
6.11. Ownership of Documents. All findings, reports, documents, information and data
including, but not limited to, computer tapes or discs, files and tapes furnished or prepared by
Consultant or any of its subcontractors in the course of performance of this Agreement, shall be and
remain the sole property of City. Consultant agrees that any such documents or information shall not
be made available to any individual or organization without the prior consent of City. Any use of such
documents for other projects not contemplated by this Agreement, and any use of incomplete
24 Bid 1133 — Asphalt Grinding Services.doc
SAMPLE DOCUMENT ATTACHMENT - A
documents, shall be at the sole risk of City and without liability or legal exposure to Consultant. City
shall indemnify and hold harmless Consultant from all claims, damages, losses, and expenses,
including attorneys' fees, arising out of or resulting from City's use of such documents for other
projects not contemplated by this Agreement or use of incomplete documents furnished by
Consultant. Consultant shall deliver to City any findings, reports, documents, information, data, in
any form, including but not limited to, computer tapes, discs, files audio tapes or any other Project
related items as requested by City or its authorized representative, at no additional cost to the City.
6.12. Public Records Act Disclosure. Consultant has been advised and is aware that all
reports, documents, information and data including, but not limited to, computer tapes, discs or files
furnished or prepared by Consultant, or any of its subcontractors, and provided to City may be subject
to public disclosure as required by the California Public Records Act (California Government Code
Section 6250 et. seq.). Exceptions to public disclosure may be those documents or information that
qualifies as trade secrets, as that term is defined in the California Government Code Section 6254.7,
and of which Consultant informs City of such trade secret. The City will endeavor to maintain as
confidential all information obtained by it that is designated as a trade secret. The City shall not, in
any way, be liable or responsible for the disclosure of any trade secret including, without limitation,
those records so marked if disclosure is deemed to be'required by law or by order of the Court.
6.13. Responsibility for Errors. Consultant shall be responsible for its work and results under
this Agreement. Consultant, when requested, shall furnish clarification and/or explanation as may be
required by the City's representative, regarding any services rendered under this Agreement at no
additional cost to City. In the event that an error or omission attributable to Consultant occurs, then
Consultant shall, at no cost to City, provide all necessary design drawings, estimates and other
Consultant professional services necessary to rectify and correct the matter to the sole satisfaction of
City and to participate in any meeting required with regard to the correction.
6.14. Prohibited Employment. Consultant will not employ any regular employee of City while
this Agreement is in effect.
6.15. Order of Precedence. In the event of an inconsistency in this Agreement and any of the
attached Exhibits, the terms set forth in this Agreement shall prevail. If, and to the extent this
Agreement incorporates by reference any provision of the RFP or the Response, such provision shall
be deemed a part of this Agreement. Nevertheless, if there is any conflict among the terms and
conditions of this Agreement and those of any such provision or provisions so incorporated by
reference, this Agreement shall govern over both the Response and the RFP and the Response shall
govern over the RFP.
6.16. Costs. Each party shall bear its own costs and fees incurred in the preparation and
negotiation of this Agreement and in the performance of its obligations hereunder except as expressly
provided herein.
6.17. No Third Party Beneficiary Rights. This Agreement is entered into for the sole benefit of
City and Consultant 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.
6.18. Headings. Paragraphs and subparagraph headings contained in this Agreement are
included solely for convenience and are not intended to modify, explain or to be a full or accurate
description of the content thereof and shall not in any way affect the meaning or interpretation of this
Agreement.
25 Bid 1133 —Asphalt Grinding Services.doc
SAMPLE DOCUMENT ATTACHMENT - A
6.19. Construction. The parties have participated jointly in the negotiation and drafting of this
Agreement. In the event an ambiguity or question of intent or interpretation arises with respect to this
Agreement, this Agreement shall be construed as if drafted jointly by the parties and in accordance
with its fair meaning. There shall be no presumption or burden of proof favoring or disfavoring any
party by virtue of the authorship of any of the provisions of this Agreement.
6.20. Amendments. Only a writing executed by the parties hereto or their respective
successors and assigns may amend this Agreement.
6.21. Waiver. The delay or failure of either party at any time to require performance or
compliance by the other of any of its obligations or agreements shall in no way be deemed a waiver
of those rights to require such performance or compliance. 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. 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.
6.22. Prevailing Wage. Consultant 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
Consultant 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 a statement with respect to the wages of each of
its employees during the preceding weekly payroll period.
6.23. Severability. If any provision of this Agreement is determined by a court of competent
jurisdiction to be unenforceable in any circumstance, such determination shall not affect the validity or
enforceability of the remaining terms and provisions hereof or of the offending provision in any other
circumstance. Notwithstanding the foregoing, if the value of this Agreement, based upon the
substantial benefit of the bargain for any party is materially impaired, which determination as made by
the presiding court or arbitrator of competent jurisdiction shall be binding, and then both parties agree
to substitute such provision(s) through good faith negotiations.
6.24. Counterparts. This Agreement may be executed in one or more counterparts, each of
which shall be deemed an original. All counterparts shall be construed together and shall constitute
one agreement.
6.25. 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.
26 Bid 1133 —Asphalt Grinding Services.doc
SAMPLE DOCUMENT
ATTACHMENT - A
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and
through their respective authorized officers, as of the date first above written.
CITY OF COSTA MESA,
A municipal corporation
Mayor of the City of Costa Mesa
CONSULTANT
Signature
Name and Title
Social Security or Taxpayer ID Number
/vf*.�
Deputy City Clerk and ex -officio Clerk
of the City of Costa Mesa
Date
Date
27 Bid 1133— Asphalt Grinding Services.doc
f =VA .(I 1kdOON 11Ji_I_=1►rI
(;ouncll F'ollcv — Urua-Free WorKDlace
CITY OF COSTA MESA CALIFORNIA
COUNCIL POLICY
SUBJECT
DRUG-FREE WORKPLACE
BACKGROUND
ATTACHMENT - B
POLICY I EFFECTIVE I
NUMBER DATE PAGE
100-5 1 8/08/89 1 1 OF 3
Under the Federal Drug -Free Workplace Act of 1988, passed as part of omnibus drug legislation enacted
November 18, 1988, contractors and grantees of Federal. funds must certify that they will provide drug-free
workplaces. At the present time, the City of Costa Mesa, as a sub -grantee of Federal funds under a variety
of programs, is required to abide by this Act. The City Council has expressed its support of the national
effort to eradicate drug abuse through the creation of a Substance Abuse Committee, institution of a City-
wide D.A.R.E. program in all local schools and other activities in support of a drug-free community. This
Policy is intended to extend that effort to contractors and grantees of the City of Costa Mesa in the
elimination of dangerous drugs in the workplace.
PURPOSE
It is the purpose of this Policy to:
1. Clearly state the City of Costa Mesa's commitment to a drug-free society.
2. Set forth guidelines to ensure that public, private, and non-profit organizations receiving funds
from the City of Costa Mesa share the commitment to a drug-free workplace.
POLICY
The City Manager, under direction by the City Council, shall take the necessary steps to see that the
following provisions are included in all contracts and agreements entered into by the City of Costa Mesa
involving the disbursement of funds.
1. Contractor or sub -grantee hereby certifies that it will provide a drug-free workplace by:
A. Publishing a statement notifying employees that the unlawful 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;
28 Bid 1133— Asphalt Grinding Services.doc
EXHIBIT DOCUMENT ATTACHMENT - B
CITY OF COSTA MESA, CALIFORNIA
COUNCIL POLICY
POLICY EFFECTIVE
SUBJECT NUMBER DATE PAGE
DRUG-FREE WORKPLACE 100-5 8/08/89 2 OF 3
2. Contractor's and/or sub -grantee's policy of maintaining a drug-free workplace;
3. Any available drug counseling, rehabilitation and employee assistance programs; and
4. The penalties that may be imposed upon employees for drug abuse violations occurring in
the workplace.
C. Making it a requirement that each employee to be engaged in the performance of the contract
be given a copy of the statement required by Subparagraph A.
D. Notifying the employee in the statement required by Subparagraph 1.A that, as a condition of
employment under the contract, the employee will:
1. Abide by the terms of the statement; and
2. Notify the employer of any criminal drug statute conviction for a 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, up to and including
termination; or
2. Requiring such employee to participate satisfactorily in a drug abuse assistance or
rehabilitation program approved for such purposes by a Federal, State, or local health
agency, law enforcement, or other appropriate agency.
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 sub -grantee shall be deemed to be in violation of this Policy if the City of Costa
Mesa determines that:
A. Contractor and/or sub -grantee has made a false certification under Paragraph 1 above.
29 Bid 1133 —Asphalt Grinding Services.doc
SUBJECT
CITY OF COSTA MESA, CALIFORNIA
COUNCIL POLICY
DRUG-FREE WORKPLACE
ATTACHMENT - B
POLICY I EFFECTIVE
NUMBER DATE I PAGE
100-5 1 8/08/89 1 3 OF 3
B. Contractor and/or sub -grantee has violated the certification by failing to carry out the
requirements of Subparagraphs 1.A through 1.G above.
C. Such number of employees of Contractor and/or sub -grantee having been convicted of
violations of criminal drug statutes for violations occurring in the workplace as to indicate that
the Contractor and/or sub -grantee has failed to make a good faith effort to provide a drug-free
workplace.
3. Should any Contractor and/or sub -grantee be deemed to be in violation of this Policy pursuant to
the provisions of 2.A, B and C, a suspension, termination or debarment proceeding subject to
applicable Federal, State, or local laws shall be conducted. Upon issuance of any final decision
under this section requiring debarment of a Contractor and/or sub -grantee, the Contractor and/or
sub -grantee shall be ineligible for award of any contract, agreement or grant from the City of Costa
Mesa for a period specified in the decision, not to exceed five (5) years. Upon Issuance of any
final decision recommending against debarment of the Contractor and/or sub -grantee, the
Contractor and/or sub -grantee shall be eligible for compensation as provided by law.
30 Bid 1133— Asphalt Grinding Services.doc
EXHIBIT B
RESPONSE, SCOPE OF SERVICES
and
FEE SCHEDULE
11 Lindy's Cold Planing
I
CITY OF COSTA MESA
77 FAIR DRIVE, P.O. BOX 1200, COSTA MESA, CA`92628-1200
FINANCE DEPARTMENT
PURCHASING
CITY OF COSTA MESA j
I
INVITATION FOR BIDS
ASPHALT GRINDING — COLD PLA ING
BID ITEM NO. 1133
NOTICE 1S HEREBY GIVEN that sealed bids will be received by the City of Costa Mesa to wit: The
City Clerk, P.O. Box 1200, Costa Mesa, California 92628-1200, on or before the hour of 10:00 a.m.
on April 05, 2010. It shall be the responsibility of the bidder to deliver their bid to the City Clerk Office
by the herein stated time. Delivery Location: City of Costa Mesar 77 Fair Drive, Room 101, Costa
Mesa, California 92626.
i
Bids shall be returned to the attention of the City Clerk, within se►d time limit, in a sealed envelope
identified on the outside with the Bid Item Number and the Opening Date. Bids will be publicly
opened and read aloud at 10:00 a.m. or as soon thereafter as procticable on April 05, 2010 in the
Council Chambers.
A pre-bid meeting will take place on Wednesday, March 17 2010 at 10:00 a.m. at the City of Costa
Mesa City Hall, 77 Fair Drive, Costa Mesa, California 92626 in Meeting Room 1A.
Attendance at the pre-bid meeting is not mandatory.
The Invitation for Bid may be obtained by authorized vendors I at the Office of the Purchasing
Supervisor, 77 Fair Drive, Room 100, Costa Mesa, California 92626, 714/754-5212 or online at
www.ci.costa-mesa.ca.us.
Dated: March 01, 2010
i
c
PHONE: (714) 754-5227 FAX: (714) 754-5244 MD: (714) 754-5244 .d t -m axa.as
Contractor will provide all equipment and operators to sweep ed remove all grinding residue.
Contractor will completely remove all grinding residue by motorized s eeper at the end of each working
day. Equipment for removing any loose material during the sw� eping operation shall have the
capability to effectively remove the material from the milled and/or aid acent roadway. Grinding residue
shall not be permitted to flow or travel into gutters, onto adjacent stye t surfaces or parkways. The use
of water for washing of milling residue into storm drains or any oth r drainage structures will not be
permitted. i
It can be reasonably anticipated that traffic will be routed onto milled urfaces for short intervals prior to
placement of the final asphaltic concrete surface. if the milled su face is to be used by traffic, the
texture produced by the cold planing operation should be charas erized by uniform, discontinuous
longitudinal striations or other patterns which will, in the opinion of the City Representative, provide
satisfactory skid resistance and a safe riding surface. When pavement removal is to be completed
across the entire roadway width, it shall be completed to a unlfo m termination point in any given
working day.
In the event that the end of any milling operations results in a ve ical longitudinal face, creating an
abrupt change in the roadway elevation, both perpendicular and p, rallel transitions may be achieved
by placement of temporary ramps fashioned from hot mix asphalt. All temporary asphalt ramps must
be removed just prior to final asphaltic concrete base and placement of final course surface.
Upon completion of milling operations on corners where wheelchair' amps are located, contractor shall
place temporary ramps fashioned from hot mix asphalt to facilitate safe use by handicapped
pedestrians. All temporary asphalt wheelchair ramps must be rerroved within two (2) hours prior to
final paving.
Billing shall be submitted "per project" and shall include the quantity of square surface feet completed,
as well as a stated location designation, such as the street name, or other acceptable information that
would clearly identify the project.
E
(THIS AREA OF THE PAGE WAS INTENTiONA
Y LEFT BLANK)
5 1 Bid 1133 — Asphalt Grinding Services.doc
TERMS AND CONDiTIONS 1 1
A. No guarantee may be given as
to the estimated annual square b�rface feet of cold planing grinding.
Contractor agrees to supply items/services as needed by the City., at the price listed upon purchasing
document regardless of usage.
B. This contract is subject to and contingent upon applicable budgetoiy appropriations being made by the
City. of Costa Mesa's City Council for each fiscal year during; he term of this contract. If such
appropriations are noton ann annual bass, by the contract will
mut all ag eem ant without both parties, The City ito the City. s n t
is
contract may be renewed,
required to give a reason if it elects not to renew.
C. Contractor agrees to supply items and/or services listed, as neede by the Gity, at prices listed herein,
regardless of item usage. No price increase will be permitted during the first contract year. All decreases
will automatically be extended to the City. Requests for price inGrease in the second or third year will
require thirty days written notice to the Purchasing Division and include bona fide proof of cost Increase.
The net dollar amount of profit will remain firm during the period of ilhe contract. The City of Costa Mesa
reserves the right to accept, negotiate or refuse the increase req est, rebid the contract, or take any
Other action it deems appropriate in lieu of granting contract price increases.
D. Default: In the event of anyreincreased costs
actoes dfault, the City of Costa
Mes; may procure from other sources and
hold the original bidder liable
E. A purchase order resulting from this Invitation for Bid will include 311 City of Costa Mesa specifications,
terms and conditions contained herein unless specifically modified y the City of Costa Mesa prior to the
award. The City of Costa Mesa's terms and conditions will t4 a precedence over other terms and
conditions.
F. All changes in specifications will be issued in writing. The City of os#a Mesa is not responsible for any
oral instruction.
G. Conflict of Interest: Supplier/Contractor shall exercise reasonal a care and diligence to prevent any
actions or conditions that could result in a conflict with the best int rest of the City. This obligation shall
apply to supplier/contractor's employees, agents, relatives, sub -tier contractors, and third parties
associated with accomplishing the work hereunder. Supplier/Con actor's efforts shall include, but not be
limited to, establishing precautions to prevent its employees or ag nts from making, receiving, providing,
or offering gifts, entertainment, payments, loans, or other cons] erations which could be deemed to
pea/individuals
contrary of the City. In dition, the dis
suppleontractoshall ot empoy any egusr aplYee of the G ty of Costa Mesa while this contract
in effect.
H. Supplier/Contractor shall comply with all air pollution controls, water pollution, Safety and Health
Ordinances and statues, which apply to the work performed or sup lies provided pursuant to this contract
including, but not limited to, any requirements specified in State government codes.
1. PatentlCopyright Materials: Supplier/Contractor shall be solely responsible for clearing the right to use
any patented or copyrighted materials in the performance of this c§ntract.
J. This contact shall be constructed and interpreted according to the aws of the State of California.
K. Any correspondence referring to the terms, prices and conditions of this contract must be directed to the
Purchasing Office to the attention of the Purchasing Buyer. For f rther information, contact Don Stocker
at (714) 754-5227. Under no circumstances shall the Contractocontact the using department without
first clearing it through the Purchasing Office. Any changes beyo d this document shall occur only when
ordered in writing by the City of Costa Mesa Purchasing Supery sor. In absence of such written order,
any such product supplied or work done shall be considered unau horized and will not be paid.
9 Bid 1133 -- Asphalt Civinding SeMces.doc
I
L. Contractor agrees that if there is a change in ownership prior to co pletion of this price agreement, the
new owners q
will be required under terms of sale to assume this contract and complete it to the
satisfaction of the City.
M. The provisions of Section 1773 of the Cal'rfomia Labor Code, the genet al prevailing rates o f per the nbac es
and holiday and overtime work in the locality in which the work is to bL- performed will apply,
and any subcontractor, shall pay not less than the specified previa ling rates of wages to all workmen
employed in the execution of the contract. The responsibility of c mpliance with the provisions of the
California Labor Code, Section 1770 et seq. shall be with the primei ntractor, and as such, is responsible
for ascertaining and complying with all applicable general prevailing age rates for trade workers, and any
rate changes that may occur during the term of the contract.
N. Contractor is, for all purposes arising out of this contract, an independc nt contractor and shall not be deemed
an employee of the City of Costa Mesa. it is expressly understood ,nd agreed that the successful bidder
shall In no event, as a result of this contract, be entitled to any nefits to which City of Costa Mesa
employees are entitled, including but not limited to, overtime, any retir ment benefits, worker's compensation
benefits, and injury leave or other leave benefits.
O. Assignment or Subcontracting: No performance of this contract or any portion thereof may be assigned or
subcontracted by the contractor without the express written consent of the City. Any attempt by the
contractor to assign or subcontract any performance of this contract without express written consent of the
City shall be invalid and shall constitute a breach of this contract. Wienever the contractor is authorized to
subcontract or assign, the terms thereof shall incorporate by reference and not conflict with this contract.
P. The contractor warrants that all persons employed have satisfacto. past records indicating their ability to
accept the kind of responsibility anticipated in this type of work. Al employees shall be required to wear
uniforms, badges or other means of Identification which are to be fi nished by the contractor and must be
worn at all times while working on City property.
Q. The contractor acknowledges that he has read and understands th City of Costa Mesa's Council Policy
#100-5 "Drug -Free Workplace" included as Attachment B and herL. y agrees to comply with the required
policy.
1 Bid 1133 —Asphalt Grinding Services.doc
INDEMNIFICATION
Contractor shall protect and indemnify the City of Costa Mesa, the C
officers, ting orand
uturee Statets , Federagainst l andm or ocalilability arising laws, ordinancron
es
any existing
pertaining to bidder's submittal.
All work covered by this contract done at the job site or in pre
equipment to and/or from the job site shall be at the risk of contractor
Contractor agreesto protect, defend, indemnify, save and hold hart
appointed boards, officers, agents, and employees from any and 4
damages of any nature, including attorney fees, for injury to or i
employees included), and for injury to any property, including coni
resulting there from, arising out of or in any way connected with'
except that the indemnity obligation of contractor shall be reduced
dive n ligence of City, if any.
ty Council, and all of its or their
or based on bidder's violation of
regulations, orders or decrees
ring or delivering materials or
ss the City and its elected and
claims, liabilities, expenses, or
ith of any person (contractor's
uential damages of any nature
performance of this contract,
► an amount proportional to the
a eg
Contractor shall comply with all of the provisions of the Workers' Compensation
the t
insurance laws and
provisions of Divisions 4
Safety in Employment laws of the State of California, including
Labor Code and ail amendments thereto ant
pplicable
regulations promulgated pursuant
and 56 of the California
thereto, and all similar State, Federal, or local taws applicable; and 0ontractor
damages,
shall indemnify and hold
suits, actions, proceedings
harmless City from and against all claims, liabilities, expenses,
nature and description, including attorney
fees, that may be presented,
and judgments, or every
brought or recovered against the City for or on account of any lie
lity under or failure to comply with
under this contract by
any of said laws which may be dby reason f a
performed
ethers behalf of co
contractor or any subcontractorperforming
The City does not, and shall not waive any rights against contractor:which
because of the acceptance by th
it may have by reason of the
City or the deposit with the City by
above hold harmless agreements,
contractor of any or all of the required insurance policies.
The hold harmless agreements by contractor shall apply to all
limited to attorney fees'
liabilities, expenses, claims, and
incurred or alleged to have been
damages of every kind (including but not
incurred, by reason of the operations of contractor or any subcontr
ctor or others performing on behalf
of contractor, whether or not such insurance policies are applicable.
Contractor shall require any and all subcontractors to afford the sa
City of Costa Mesa and its elected and appointed boards, offs
a degree of indemnification to the
rs, agents, and employees that is
required of contractor and shall incorporate identical Indemnity
irovisions in all contracts between
contractor and his subcontractors.
'
In the event that contractor and City are sued by a third party for dmages
by or other wrongful conduct of contractor, or by a daintrol
caused or allegedly caused
erous condition of City's property
negligent
created by contractor or existing while the property was under the
its indemnity obligation to City by any settlement
of contractor, contractor shall
ith any such third party unless that
not be relieved of
settlement includes a full release and dismissal of all claims by the
Jhird party against the City.
11 1 _ aid 1133 —Asphalt Gdnding SeNlces.doc
INSURANCE
Contractor shall not commence work under this contract until he
required under this section and the insurance contractor teen o commernce a
carrier, nor shall contractor allow any
required of the subcontractor has been obtained and approved.
Neither the failure of contractor to supply specified insurance policic
City to approve same shall alter or invalidate the provisions of this co
WORKERS' COMPENSATION INSURANCE
A. Contractor shall obtain and maintain during the life of this
insurance and, if any work is sublet, contractor shall require a
compensation insurance.
B. All workers' compensation insurance policies stall provid
canceled without thirty (30) days advance written notice of su
e has obtained all insurance
City as to form, amount, and
work until all similar insurance
and coverage, nor the failure of
j contract workers' compensation
1 subcontractors to obtain workers'
that the insurance may not be
cancellation to City.
C. Contractor is aware of the provision ofSe Section
Workman's00 of the'
abor ompensation orwhich
undertakeesel�
employer to be insured againstliability
insurance in accordance with the �provisionso othe work f this Code, r ctwill comply with such provisions
before commencing the perform
LIABILITY INSURANCE COVERAGE
A. Contractor shall obtain and maintain during the life of
coverage:
• Commercial General Liability, including
products/completed operations hazard, blanket co
and independent contractors, personal injury.
• Automobile liability, including owned, hired, and nc
B. The above insurance coverage shall have limits of
($1,000,00o.00) combined single limit, per occurrence and
C. Endorsements to the policies providing the above insun
adding the following three provisions:
Additional insured: (For Commercial General Lial
contract the following insurance
ige for premises -operations,
jai, broad form property damage,
ied vehicles.
less than one million dollars
regate,
shall be obtained by contractor,
only)
,YThe City of Costa Mesa and its elected and appointal I boards, officers, agents,
and employees are additional insured with respect to he subject project and agreement:"
This needs to be done by an endorsement to the policy.
■ Notice:
°Said policy shall not terminate, nor shall it be cane
reduced, until thirty (30) days after written notice is
12
nor the coverage
I to City.
Bid 1133 -. Asphalt Gdnding Semces.doc
Other Insurance:
"Any other insurance maintained by the City of Costa &esa shall
be excess and not contributing with the insurance proVi ded by this policy."
D. All insurance carriers utilized by the contractor or any subcorit actor under this contract shall be
approved by the California Department of Insurance to trOnsact business in the State of
California. The types of services provided under this contrast may further require contractor's
insurance carrier(s) to be admitted insurers in the State of Califomia.
i
PROOF OF INSURANCE
Prior to award of the contract, contractor shall furnish City proof of ccsi npliance with the above
insurance requirements in a form satisfactory to the City Attorney an/or Risk Management.
Vit.
L
Name of Insurance C' mpany/Broker Address
Insurance Company/Broker Contact Telephone
(THIS AREA OF THE PAGE WAS
tj-1�71 L�1
_Y LEFT BLANK)
13 Bid 1133 — Asphalt Grinding Services.doc
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