HomeMy WebLinkAboutCC-10 - - Street Maintenance RFP - 10/4/2011CITY COUNCIL AGENDA REPORT
MEETING DATE: October 4, 2011 ITEM NUMBER: CC -10
SUBJECT: STREET AND STORM DRAIN MAINTENANCE SERVICES
DATE: SEPTEMBER 26, 2011
FROM: OFFICE OF THE CEO
PRESENTATION BY: THOMAS R. HATCH, CEO
FOR FURTHER INFORMATION CONTACT: THOMAS R. HATCH @ (714) 754-5328
RECOMMENDATION:
Staff recommends that the City Council authorize staff to release a Notice to Bidders and
Request for Bids for Street and Storm Drain Maintenance (Attachment 3) or authorize the street
paving portion of the work to be put out for bid and issue a Request for Proposal (RFP) for the
remainder of the work, based upon the analysis provided by both the Street and Storm Drain
Maintenance Contracting Committee and the Public Services Department.
BACKGROUND/ANALYSIS:
Council Policy 100-6 provides guidelines for evaluating the potential contracting of on-going City
services on a long-term or permanent basis. As set forth in the policy, a committee was formed
and comprised of three segments: Project Responsibility, Department Representative and
Employee Representative. The committee was tasked with the following:
- Hearing a presentation from department representatives and asking questions about the
specific proposal under consideration;
- Working together to outline how to evaluate a comparable City effort to provide the same
or similar service;
- Having the project facilitator draft an analysis addressing the available alternatives for
service delivery as outlined by the committee; and,
- Determining;if'outside comparative data would be useful.
On September 7, 2011 the Street and Storm Drain Maintenance Contracting Committee met to
discuss the duties and responsibilities of the Street and Storm Drain Maintenance program and
determine "the available alternatives for service delivery." After hearing a presentation by
department staff and asking questions, the Contracting Committee determined the following
alternatives for the Street and Storm Drain Maintenance services:
1. Retain existing service level at existing cost.
2. Retain existing service level at lower cost by reorganization.'
3. Lower level of service at a lesser cost.
4. Eliminate some or all of the service provided to the City and Community.
5. Contract with a private provider.
6. Contract with another public entity.
On September 14 2011 and September 20, 2011, the Contracting Committee met to discuss,
clarify and finalize the alternatives/options and the draft RFP. The following is an explanation of
the attachments.
Attachment 1, a memo from the Contracting Committee to the City CEO Tom Hatch, provides
identification and analysis of each alternative and survey information provided by other
agencies.
Attachment 2, a memo from the Interim Public Services Director Ernesto Munoz to the City CEO
Tom Hatch, provides a written evaluation (including pros and cons) of each option addressed by
the Contracting Committee.
Attachment 3, the draft Notice to Bidder and related Bid documents for Street and Storm Drain
Maintenance Services, was prepared by the Public Services Department and reviewed and
finalized by the Contracting Committee.
Based on the attached information it appears that the most viable alternatives are to retain the
existing service level but at a lower cost through reorganization or contracting with either a
public entity or private company for services. it is difficult to determine which of these
alternatives would provide the highest level of service at the lowest cost without issuing a bid or
a bid and RFP so that appropriate cost analysis and comparisons in level of service can be
made.
A few items should be noted with regard to the draft Bid. While we have identified in the draft
Bid the current level of expected service in terms of a mixture of in-house and contracted
services, we have done so on the assumption that the Council wishes to retain the existing level
of service, whoever provides it. Many of the services identified in the proposed Bid are
maintenance services which are not normally required to be let by competitive bid. However,
the services involved in the annual residential street paving project are "public works" which
must be bid out formally under the Public Contract Code and awarded to the lowest responsive
and responsible bidder, if at all, unless done by in-house forces. Thus, if the street repaving
work is to be combined with the other services currently performed by City employees, the
entire package must be done by bid. If the street paving item (15 residential streets per year as
selected by the City Engineer) is bid separately, an RFP could be issued for the remaining
maintenance work. This would allow the City to include in the RFP a provision requesting
proposers to identify "innovative and/or creative approaches for providing the service that will
maximize efficient, cost-effective operations or increase performance capabilities." This could
make it easier to evaluate either a different level of service, method of delivery, or other
alternative that could maintain or enhance service levels at a lower overall cost. It should also
be noted that doing the annual repaving in-house requires keeping a minimum crews size of
eight persons who also perform other functions when they are not doing repaving. Contracting
out the paving only would likely lead to a reduction in necessary work force even if other
functions are kept in house.
As directed under Council Policy 100-6, the above is an analysis addressing the available
alternatives for service delivery as outlined by the Street and Storm Drain Maintenance
Contracting Committee.
ALTERNATIVES CONSIDERED:
The City Council may decide not to release the bid documents and direct the CEO to evaluate
other alternatives identified by the Street and Storm Drain Maintenance Contracting Committee.
One alternative would be to put out only the street paving portion of the work for bid and prepare
and issue a Request for Proposal (RFP) for the remaining work identified in the scope of work.
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FISCAL REVIEW:
The fiscal impact for outsourcing the identified City service is unknown at this time. If the City
Council directs staff to release the Bid or a Bid and RFP, a complete analysis of the proposals
and the costs for each will be provided to the City Council at that time.
CONCLUSION:
Staff recommends either 1) releasing the Bid for Street and Storm Drain Maintenance Services
or 2) releasing a bid for the street paving portion of the work only and issuing an RFP for other
street and storm drain maintenance services, based upon the analysis provided by both the
Street and Storm Drain Maintenance Contracting Committee and the Public Services
Department.
Tfiomas R. Hatch Tammy Letourneau
Chief Executive Officer Interim Administrative Services Director
Attachment: Attachment 1 Contract Committee Analysis Memo
Attachment 2 Departmental Analysis
Attachment 3 Draft Bid
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ATTACHMENT 1
CITY OF COSTA MESA
DEPARTMENT OF ADMINSTRATIVE SERVICES
INTEROFFICE MEMORANDUM
TO: THOMAS R. HATCH, CHIEF EXECUTIVE OFFICER
FROM: TAMARA S. LETOURNEAU, INTERIM ADMISTRATIVE SERVICES
DIRECTOR
DATE: SEPTEMBER 20, 2011
SUBJECT: STREET AND STORM DRAIN MAINTENANCE CONTRACTING
COMMITTEE
Council Policy 100-6, provides guidelines for evaluating the potential contracting of on-going City
services on a long-term or permanent basis. As set forth in the policy, a committee should be formed
and comprised of three segments: Project Responsibility, Department Representative and Employee
Representative. The committee is tasked with the following:
• Hearing a presentation from department representatives and asking questions about the specific
proposal under consideration;
• Working together to outline how to evaluate a comparable City effort to provide the same or
similar service;
• Having the project facilitator draft analysis addressing the available alternatives for service
delivery as outlined by the committee; and,
• Determining if outside comparative data would be useful.
On September 7, 2011 the Street and Storm Drain Maintenance Contracting Committee met to discuss
the duties and responsibilities on the Street and Storm Drain Maintenance program and determine "the
available alternatives for service delivery". After hearing a presentation about the draft RFP by
department staff and asking questions, the Committee determined alternatives for the Street Sweeping
program.
On September 14, 2011 the Committee met to further discuss and clarify the draft bid and
alternatives/options. On September 20, 2011 the Committee met to further discuss and clarify the draft
RFP and alternatives/options.
The following alternatives for contracting street and storm drain maintenance are described below.
1. Retain existing service level at existing cost.
Currently, the City maintains approximately 525 lane miles of streets, 544 miles of sidewalks, 14
miles of City alleys, and miscellaneous easements. In addition, the City is responsible for
maintaining the 42 miles of storm drain infrastructure and 1,165 catch basins and annually
repaving 15 residential streets per year.
Page 1 of 3
ATTACHMENT 1
The current services are provided through a combination of in-house staff and contract services.
The in-house staff includes a total of 8 full-time equivalent employees (6.25 in streets and 1.75 in
storm drains). The City contracts for the following services: edge grinding, sidewalk grinding,
spraying of herbicides and sidewalk cleaning. The total FY 2011-12 budget for street and storm
drain maintenance is approximately $1.6 million.
2. Retain existing service level at lower cost by reorganization.
A possible reorganization plan would be to contract out street paving at the existing service level
which may be done at a reduced cost. The reduction in the number of staff as a result of this
option would be determined at the time the proposals are received. If this option is selected the
City should annually bid this service to determine the number of streets that can be paved each
year.
Another option for the City to consider is to bid out the paving and either have the remaining (or
some) in-house staff be responsible for the other maintenance functions. The City also has the
option of bidding the paving service and sending out a separate Request for Proposal (RFP) for
the other maintenance functions now or in the future.
3. Lower level of service at a lesser cost.
Implementing this option means reducing the service level which would result in decreasing the
number of residential streets that are paved each year. This would result in an increase in the
street maintenance backlog. The number of streets paved each year would depend upon the
funding available and the .cost of the proposals received as described above. It is important to
note that this option may not result in a decrease in labor costs because the positions responsible
for street paving also have responsibilities in other public service areas. The time made available
by contracting out street paving would be shifted to other public service areas which would
reduce the cost savings.
4. Contract with a private provider.
The City could contract with a private provider for the same level of service as is currently
provided. There are other local government agencies across the country which contract for street
and storm drain maintenance at some level. It is a best practice to maintain in-house staff for
contract management. The cost to contract out this entire service area is unknown at this time.
The Committee believes that there is a possibility that implementing this option could result in a
decrease in the current level of customer service provided by City staff because City staff
currently provides other services when they are in the field (e.g. calling in other issues that they
observe such as raised sidewalks, tree issues etc.). Further, response times to address critical
and/or emergency issues could be reduced by utilizing a contractor provider depending upon
where the contractor is located at the time of the incident.
S. Contract with another public entity.
The City could explore working with another public agency to provide street and storm drain
maintenance services. The efficiencies in this option will be predicated on the proximity of the
other public agency to Costa Mesa. The cost savings that could be achieved with this option is
unknown at this time, but the Committee believes that this is an option that could be explored.
Page 2 of 3
ATTACHMENT 1
As directed under Council Policy 100-6, the above is an analysis addressing the available alternatives for
service delivery as outlined by the Street and Storm Drain Maintenance Contracting Committee. The
Committee has also drafted a bid for this service should you desire to present this to the City Council.
The Street and Storm Drain Maintenance Contract Committee is available should you have any
questions or request more information.
Tamara S. Letourneau
Interim Director of Administrative Services
Page 3 of 3
ATTACHMENT 2
CITY OF COSTA MESA
Department of Public Services
INTER OFFICE MEMORANDUM
TO: Tom Hatch, Chief Executive Officer
FROM Ernesto Munoz, interim Director, Public Services Department
DATE: 1 September 26, 2011
SUBJECT: Analysis of Alternatives Proposed by the Street and Storm
Maintenance Contracting Committee
The Public Services Department has reviewed the alternatives for contracting Street
and Storm Maintenance Services as outlined in the September 20, 2011
memorandum from the Contracting Committee. The following analysis is provided
on each of the five alternatives as requested.
Alternative 1: Retain existing service level at existing cost.
Pros: Flexibility is provided across the various functions in this service area
to adequately address current service levels and priorities. This
alternative also provides flexibility relative to supplementing
(augmenting) service levels through contracting portions of the
services provided, The contracted services are administered and
supervised with existing staff. Institutional history is preserved.
1
Cons: Majority of costs associated with the existing organizational structure in
this service area are dependent on employment contracts and
negotiated costs of contracted services. Current staffing levels must
be maintained to continue to provide existing level of service.
Alternative 2: Retain existing service level at lower cost by reorganization.
Pros: Service levels could be maintained by extending the number of
contracted functions in this service area. Contracts may be written to
require increased service levels and responsiveness by the contractor
to address immediate needs as they arise. The City will have the
flexibility to control quantity of work performed on a given year subject
to budget restrictions. Competitiveness will be assured through the
annual public bid process, resulting in potentially lower paving costs.
Cons: Cost for this alternative is more susceptible to changes in market
conditions. Work will be limited to contract scope and may limit the
flexibility of contract staff to address other functions i.e., storm drain
maintenance. Reduction of equipment and corresponding flexibility.
Page 1 of 2
ATTACHMENT 2
Alternative 3; Lower level of service at a lesser cost.
Pros: Overall budgeted costs for this service area will be reduced. Lower
material and sub -contracted costs as a result of reduction in the
number of streets paved. Extended life of equipment due to lower use.
Cons: Reducing the level of service in this area, particularly in the street
maintenance function, will result in immediate cost savings to the City.
However, it will increase the City's long term cost liability associated
with the accelerated decline of the street system beyond its
maintenance requirements. Savings will be reduced due to retention of
a crew size necessary to effectively execute paving operations.
Alternative 4: Contract with a private provider.
Pros: Service levels can be maintained by contracting all the functions under
this service. This alternative will reduce permanent staffing costs, and
will allow the City to reduce or increase level of service upon contract
expiration, to meet budgetary expectations.
Cons: Will necessitate appropriate staff to manage, and oversee contract
which may reduce cost effectiveness of this alternative. May reduce
responsiveness to customer complaints.
Alternative 5: Contract with another public entity.
Pros: This alternative results in potentially lower costs for similar services as
provided by our current organizational structure. Will reduce staffing
levels and equipment costs.
Cons: Will require administration of a maintenance agreement. This
alternative will limit the City's ability to control staff and reduce the
versatility of having our own staff or managing an on-call contractor.
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Page 2 of 2
ATTACHMENT
Project and Specifications No.
CITY OF COSTA MESA
ORANGE COUNTY, CALIFORNIA
NOTICE TO BIDDERS, PROPOSAL, CONTRACT AND SPECIAL
PROVISIONS
FOR
COMPREHENSIVE STREET, STORM DRAIN
AND PUBLIC RIGHT-OF-WAY MAINTENANCE
CITY PROJECT NO.
Dated: /2011
Copy No. Checked by
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ATTACHMENT 3
Project and Specifications No.
TABLE OF CONTENTS
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PAGE NUMBER
TABLE OF CONTENTS
"'
NOTICEINVITING
BIDS...........................................................................................N-1
INFORMATION FOR BIDDERS...........................................................................B-1
- B-3
PROPOSAL...................................................................................................
P-1 - P -9a
STANDARD SPECIFICATIONS ....:...........................................................................1
PART 1 - GENERAL PROVISIONS............................................................................................1
1-2
DEFINITIONS.............................................................................................1-2
1-3
ABBREVIATIONS...........................................................................................2
2-1.1
AWARD OF CONTRACT.................................................................................2
2-1.2
PROCEDURE FOR PROPOSAL SUBMITTAL..................................................... 3
2-1.3
REQUEST FOR INTERPRETATION.................................................................. 3
2-1.4
RETURN OF BID SECURITY........................................................................3-4
2-1.5
EXECUTION OF AGREEMENT........................................................................4
2-2
ASSIGNMENT...............................................................................................4
2-3.1
SUBCONTRACTS: GENERAL..........................................................................4
2-4
CONTRACT BONDS...................................................................................4-5
2-5.1
PLANS AND SPECIFICATIONS........................................................................
5
2-6.1
REMOVAL OF DEFECTIVE AND UNAUTHORIZED WORK................................5-6
2-7.1
SOIL CONDITIONS........................................................................................6
2-9.1
PERMANENT SURVEY MARKERS..................................................................
6
2-9.3
SURVEY SERVICE....................................................................................
6-7
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ATTACHMENT 3
Project and Specifications No.
TABLE OF CONTENTS
(CONTINUED)
PAGE NUMBER
PART 1 - GENERAL PROVISION (CONTINUED)
2-10
AUTHORITY OF BOARD AND ENGINEER .....................................................
7-8
2-11.1
INSPECTION COSTS.................................................................................... 8
3-1.1
CHANGES IN WORK: GENERAL.................................................................... 8
3-3.1
EXTRA WORK: GENERAL............................................................................ 8
3-4
CHANGED CONDITIONS............................................................................... 8
4-1.4
TEST OF MATERIALS...................................................................................
9
5-1
UTILITIES: LOCATION..................................................................................
9
5-2
UTILITIES: PROTECTION..............................................................................
9
5-4
UTILITIES: RELOCATION AND ABANDONMENT .......................................... 9-11
6-1
CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK ................ 11-12
6-1.1
DAILY REPORT SUBMITTAL........................................................................12
6-9
LIQUIDATED DAMAGES..............................................................................
12
6-10
OCCUPANCY.............:..............................................................................
12
7-2.3
PREVAILING WAGE RATES........................................................................
12
7-2.4
APPRENTICES..........................................................................................
13
7-3
LIABILITY INSURANCE................................................................................
13
7-5
PERMITS AND LICENSES...........................................................................
14
7-6
THE BIDDER'S REPRESENTATIVE................................................................14
7-8.1
CLEAN-UP AND DUST CONTROL................................................................
14
7-8.5
TEMPORARY LIGHT, POWER AND WATER ..................................................
14
7-8.7.1
DRAINAGE CONTROL: RESPONSIBILITIES...................................................
15
7-8.7.2
DRAINAGE CONTROL: EXCAVATION DEWATERING REQUIREMENTS..............15
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ATTACHMENT 3
Project and Specifications No.
TABLE OF CONTENTS
(CONTINUED) _
PART 1 - GENERAL PROVISIONS (CONTINUED)
7-10 PUBLIC CONVENIENCE AND SAFETY.....
7-10.1 TRAFFIC AND ACCESS .........................
7-13 LAWS TO BE OBSERVED .......................
PAGE NUMBER
.......................................... 15
.......................................... 16
...........................................16
9-3.1.1 PAYMENT GENERAL.................................................................................. 16
9-3.2 PARTIAL AND FINAL PAYMENT............................................................. 16-17
9-3.2a PROMPT PROGRESS PAYMENT TO SUBCONTRACTORS .............................. 17
9-3.3 DELIVERED MATERIALS............................................................................. 17
PART 2 - SPECIAL PROVISIONS/SPECIFICATIONS................................. SP -18 — SP -21
PART 3 - SPECIAL PROVISIONS/BID ITEMS
TECHNICAL SPECIFICATIONS................................................................................................ 7 PAGES
MISCELLANEOUS CONTRACT DOCUMENTS (SAMPLE)
1 AGREEMENT (SAMPLE)...................................................................20 PAGES
2 COUNCIL POLICY.............................................................................D-1 - D-3
3 INSURANCE (SAMPLE)......................................................................4 PAGES
4 BONDS.............................................................................................2 PAGES
5 PERMIT APPLICATION.........................................................................1 PAGE
6 APPLICATION FOR BUILDING PERMIT .................................................. 1 PAGE
7 APPLICATION FOR BUSINESS LICENSE ................................................ 1 PAGE
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ATTACHMENT
Project and Specifications No.
CITY OF COSTA MESA
ORANGE COUNTY, CALIFORNIA
NOTICE INVITING BIDS
NOTICE IS HEREBY GIVEN that sealed proposals for furnishing all labor, materials,
equipment, transportation and such other facilities as may be required for COMPREHENSIVE
STREET, STORM DRAIN AND PUBLIC RIGHT-OF-WAY MAINTENANCE SERVICES', CITY
PROJECT NO. will be received by the City of Costa Mesa at the Office of the City Clerk, 77
Fair Drive, Costa Mesa, California, until the hour of 10:00 a.m., 2011', at which
time they will be opened publicly and read aloud in the Council Chambers. Sealed proposals shall
bear the title of the work and name of the bidder but no other distinguishing marks. Any bid received
after the scheduled closing time for the receipt of bids shall be returned to bidder unopened. It shall
be the sole responsibility of the bidder to see that his bid is received in proper time.
A set of Bid Documents may be obtained at the Office of the City Engineer, 77 Fair Drive,
Costa Mesa, California, upon non-refundable payment of $10.00. An additional charge of
10.00 will be made if handled by mail. Bid Documents and other contract documents may also be
examined at the Office of the City Clerk of the City of Costa Mesa. Bid Documents will not be mailed
unless the additional $10.00 charge is included with payment.
Each bid shall be made on the Proposal form, sheets P-1 through P -9a provided in the
contract documents, and shall be accompanied by a certified or cashier's check or a bid bond for
not less than 10% of the amount of their bid, made payable to the City of Costa Mesa. No proposal
shall be considered unless accompanied by such cashier's check, cash, or bidder's bond.
No bid shall be considered unless it is made on a blank form furnished by the City of Costa
Mesa and is made in accordance with the provisions of the Proposal requirements.
Each bidder must have a C33 (Painting and Decorating Contractor) contractor's license at the
time of contract award. All subcontractors shall be properly licensed by the State of California to
perform specialized trades.
A Contractor using a craft or classification not shown on the General Prevailing Wage
Determinations may be required to pay the wage rate of that craft or classification most closely
related to it as shown in the General Determinations effective at the time of the call for bids.
This is a Public Works Contract. In accordance with section 1720 et seq. of the Labor Code,
the general prevailing wage rates as established by the Director of the California Department of
Industrial Relations will apply. The prevailing wage rates established by the State Director of
Industrial Relations can be viewed at the City's offices, are available on the State of California's
website at http://www.dir.ca.gov/ or can be obtained by mail addressed to: Prevailing Wage Unit,
Division of Labor Statistics and Research, Department of Industrial Relations, P.O. Box 603, San
Francisco, CA 94101.
Pursuant to California Civil Code Section 3247, the successful bidder shall furnish a
payment bond if civil work exceeds twenty-five thousand dollars ($25,000).
Pursuant to Public Contract Code Section 22300, the successful bidder may submit certain
securities in lieu of the City withholding retention of payments.
The City Council of the City of Costa Mesa reserves the right to reject any or all bids.
JULIE FOLCIK
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ATTACHMENT 3
Project and Specifications No.
City Clerk,
City of Costa Mesa
Dated: (date of the advertisement
N-1
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ATTACHMENT
Project and Specifications No.
INFORMATION FOR BIDDERS
1. PREPARATION OF BID FORM: The City invites bids on the form attached to be
submitted at such time and place as is stated in the Notice Inviting Bids. All blanks in
the bid form must be appropriately filled in. All bids shall be submitted.in sealed
envelopes bearing on the outside the name of the bidder, his address, and the name
of the project for which the bid is submitted. It is the sole responsibility of the bidder to
see that his bid is received in proper time. Any bid received after the scheduled closing
time for receipt of bids will be returned to the bidder unopened.
2. QUALIFICATION OF BIDDERS: Each bidder shall submit list of Construction Project
References indicating Public Works and/or similar construction projects completed or
in progress within the last 24 months. Forms for this purpose are furnished with the bid
form.
3. BID SECURITY: Each bid shall be accompanied by either cash, cashier's check made
payable to the City, a certified check made payable to the City, or a bidder's bond
executed by an admitted surety insurer, made payable to the City, in an amount not
less than 10% of the maximum amount of the bid. The bid security shall be given as a
guarantee that the bidder shall execute the contract if it be awarded to him in
conformity with the Contract Documents and shall provide the surety bond or bonds as
specified therein within fourteen (14) days after a written Notice of Intent to Award
Contract is deposited in the mail.
4. NON -COLLUSION AFFIDAVIT: Each bid shall be accompanied by a notarized Non-
collusion Affidavit on a form which is included in the Contract Documents.
5. SIGNATURE: The bid must be signed in the name of the bidder and must bear the
signature in longhand of the person or persons duly authorized to sign the bid on
behalf of the bidder.
,6. ERASURES: The bid submitted must not contain any erasures, interlineations, or
other corrections unless each such correction is suitably authenticated by affixing in
the margin immediately opposite the correction the surname or surnames of the
person or persons signing the bid.
7. EXAMINATION OF SITE AND CONTRACT DOCUMENTS: Each bidder shall visit the
site of the proposed work and fully acquaint himself with the conditions relating to the
construction and labor so that he may fully understand the facilities, difficulties, and
restrictions attending the execution of the work under the contract. Bidders shall
thoroughly examine and be familiar with the specifications. The failure or omission of
any bidder to receive or examine any contract document, form, instrument, addendum,
or other document or to visit the site and acquaint himself with conditions there
existing shall in no way relieve any bidder from any obligation with respect to his bid or
to the contract. The submission of a bid shall be taken as prima facie evidence of
compliance with this section.
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Project and Specifications No.
8. WITHDRAWAL OF BIDS: Any bidder may withdraw his bid either personally, by
written request, or by telegraphic request confirmed in the manner specified above at
any time prior to the scheduled closing time for receipt of bids.
9. AWARD OF CONTRACT: The CITY reserves, in its sole discretion, the right to reject
any and all Proposals and to waive any informalities and irregularities in Proposals
received, other provisions in the Contract Documents notwithstanding.
The Proposals will be compared on the basis of the Grand Total Bid Price which is the
sum of the lump sum bid items and, for unit price items, the sum of the products of the
Engineer's Estimate of quantities shown in the Proposal multiplied by the unit bid
price. In the event of a discrepancy between the unit bid price and the extension
price, the unit price shall govern and the mathematical error corrected accordingly.
Any mathematical errors that appear on the face of the bid will be corrected by the City
and the City will use the mathematically correct Grand Total Bid Price to determine
the lowest monetary bidder.
The award of the Contract, if it be awarded, will be made to the lowest responsible,
responsive bidder.
In addition, the Owner reserves, in its sole discretion, the right to award the Contract
for all or some of the bid items included in the Bid Schedule, The Owner may
eliminate some of the bid items prior to or after award of the Contract due to budgetary
constraints.
10. BID PROTESTS: The CITY will consider written bid protests subject to the following
procedures. All protests must clearly specify in writing the grounds and evidence on
which the protest is based. Protests based upon restrictive specifications or alleged
improprieties in the bidding procedure which are apparent or reasonably should have
been discovered prior to the bid opening shall be filed in writing with the CITY, at least
five (5) days prior to bid opening. Protests based upon alleged improprieties that are
not apparent orwhich could not reasonably have been discovered prior to bid opening
shall be submitted in writing to the CITY, within forty-eight (48) hours,from receipt of
notice from the Owner advising of the recommendation for award of contract. Failure
to comply with these requirements may result in rejection of the protest.
11. AGREEMENT AND BONDS: The Agreement form, which the successful bidder, as
Contractor, will be required to execute, and the forms and amounts of surety bonds
and Certificate of Insurance which he will be required to furnish prior to the execution
of the Agreement, are included in the Contract Documents and should be carefully
examined by the bidder. The required number of executed copies of the Agreement,
the Performance Bond, the Payment Bond and the Certificate of Insurance is two.
Payment and performance bonds shall be issued by an admitted surety insurer as
defined by the Code of Civil Procedure Section 995.120.
12. INTERPRETATION OF SPECIFICATIONS AND DOCUMENTS: If any person
contemplating submitting a bid for the proposed contract is in doubt as to the true
meaning of any part of the, specifications, or other Contract Documents, or finds
discrepancies in, or omissions from the drawings and specifications, he may submit to
the. Engineer a written request for an interpretation or correction thereof. The person
submitting the request will be responsible for its prompt delivery. Any interpretation or
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ATTACHMENT 3
Project and Specifications No.
correction of the Contract Documents will be made only by addendum duly issued and
a copy of such addendum will be mailed or delivered to each person receiving a set of
the Contract Documents, No person is authorized to make any oral interpretation of
any provision in the Contract documents to any bidder, and no bidder is authorized to
rely on any such unauthorized oral interpretation.
13. BIDDERS INTERESTED IN MORE THAN ONE BID: No person, firm or corporation
shall be allowed to make, or file or be interested in more than one bid for the same
work unless alternate bids are specifically called for.
14. EVIDENCE OF RESPONSIBILITY: Upon the request of the City, a bidder whose bid is
under consideration for the award of the contract shall submit promptly to the City
satisfactory evidence of responsibility, including financial resources, as well as the
trustworthiness, quality, fitness, capacity, and experience to satisfactorily perform the
contract.
15. BID DEPOSIT RETURN: Deposits of three of more low bidders, the number being at
the discretion of the City, will be held for sixty days or until posting by the successful
bidder of the Bonds and Certificates of Insurance required and return of executed
copies of the Agreement, whichever first occurs, at which time the deposits will be
returned.
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3094317.1
ATTACHMENT 3
Project and Specifications No.
16. FORFEITURE FOR FAILURE TO POST SECURITY AND EXECUTE AGREEMENT:
In the event the successful bidder fails or refuses to post the required bonds and
Certificate of Insurance and return executed copies of the Agreement within fourteen
(14) calendar days after contract award, the City may declare the bidder's bid deposit
or bond forfeited as damages and may give Notice of Intent to Award Contract to the
next lowest responsible bidder, or may call for new bids.
17. ANTI -DISCRIMINATION: It is the policy of the City that in connection with all work
performed under contracts, there be no discrimination against any prospective or
active employee engaged in the work because of race, color, ancestry, national origin,
religious creed, sex, age, or marital status. The Contractor agrees to comply with
applicable Federal and California laws including, but not limited to, the California Fair
Employment Practice Act, beginning with Government Code Section 12900, and Labor
Code Section 1735. In addition, the Contractor agrees to require like compliance by
any subcontractors employed on the work by him.
18. DRUG-FREE WORKPLACE POLICY: Contractor, upon notification of contract award,
shall establish a Drug -Free Awareness Program to inform employees of the dangers
of drug abuse in the workplace, the penalties that may be imposed upon employees
for drug abuse violations occurring in the workplace, and the employee assistance
programs available to employees. Each employee engaged in the performance of a
City contract must be notified of this Drug -Free Awareness Program, and must abide
by its terms. Contractor shall conform to all the requirements of City's Policy No. 100-
5. Failure to establish a program, notify employees, or inform the City of a drug-related
workplace conviction will constitute a material breach of contract and cause for
immediate termination of the contract by the City.
19, DISCLOSURE: Bidder shall disclose any and all past or current business and/or
personal relationships with any current City of Costa Mesa elected official, appointed
official, City employee, or family member of any current Costa Mesa elected official,
appointed official, or City employee. Any past or current business relationship maynot
disqualify the firm from consideration.
Page 10 of 124
3094317.1
PROPOSAL
The Honorable City Council
City of Costa Mesa
77 Fair Drive
Costa Mesa, CA 92626
Dear Council Members:
ATTACHMENT 3
Project and Specifications No.
In compliance with the NOTICE INVITING BIDS FOR COMPREHENSIVE STREET,
STORM DRAIN AND PUBLIC RIGHT-OF-WAY MAINTENANCE SERVICES, CITY
Project No.. a copy which is hereto attached, the undersigned has carefully
examined the location of the proposed work, the plans, specifications and other contract
documents and is therefore satisfied as to the conditions to be encountered, as to the
character, quality and quantity of work to be performed and materials to be furnished and
as to the requirements of the specifications and the contract. It is mutually agreed that the
submission of a proposal shall be considered prima facie evidence that the bidder has
made such examination. If awarded the contract, the undersigned agrees to commence the
work under the contract WITHIN TEN (10) WORKING DAYS AFTER DATE OF
CONTRACT and to perform and complete the work WITHIN three (3) years, as per the
attached agreement and in accordance with the specifications and other contract
documents, and to furnish all labor, materials, tools and equipment necessary to complete
the work in place therefore, in the manner and time herein prescribed at the following
prices, to wit:
Page 11 of 124
3094317.1
ATTACHMENT 3
Project and Specifications No.
PROPOSAL SCHEDULE
DEBRIS PICKUP & EMERGENCY RESPONSE
CONTRACT SERVICES BID PRICING LIST
Unless specified with options, bid pricing should be submitted on an annual basis, based on
estimated quantities. Approved work completed in excess of the `estimated quantities' will be
compensated at the same rate as entered in Price/Unit by Bidder.
Description of Work Est. Qty Billing Unit Price/Unit Extension
Daily removal and disposal of large 1500 Cu. Yd.
and small debris dumped on City
$
$
property or rights-of-way per
specification
Appliances (white goods)
450
EA.
Electronic Waste
150
EA.
$
$
Shopping Cart Removal Program
350
EA.
$
$
Hazardous Material (small) Response
40
EA.
$
$
Repair & Maintain Minor Facilities in
Rights -of -Way— Labor Only Per
200
CHR.
$
$
Crew/Hour
Lane Closures — Requested by City
(not in conjunction with other work
25
EA.
$
$
specified)
Total Bid Amount $
BID ITEM UNITS FOR AS -NEEDED SERVICES
EMERGENCY CALL OUT CHARGE UNIT UNIT PRICE
Rate for Normal Hours, Monday -Friday, per call
8:00 a.m. — 4:30 p.m. $
After Normal Business Hours per cal!
Saturday, Sundays & Holidays per call $
Page 12 of 124
3094317.1
ATTACHMENT 3
Project and Specifications No.
PROPOSAL SCHEDULE
(CONTINUE)
VEGETATION MANAGEMENT & RODENT CONTROL SERVICES
PESTICInF APPI Ir.ATlnr\l
Hourly Labor Rate
Estimated Hours per month
Monthly Total
Annual
Total
$
$
$
$
RnnFNT cnNTRnI
Hourly Labor Rate
Estimated Hours per month
Monthly Total
Annual
Total
$
$
$
$
nFRRIR ARATFRAFNT
HourlyLabor Rate
Estimated Hours er month
Monthl Total
Annual
Total
$
$
$
$
SECTION I - Abate weeds in alley and lots by hand including edging
Bid No:
Item
Unit
Quantity Unit Price Total
1
Alleys
Sq. Ft.
131
2
Easements and Lots
Sq. Ft.
69
3
Miscellaneous
Sq. Ft.
18
SECTION II - Spraying of herbicide in alley, lots, easements and right of ways
Bid No:
Item
Unit
Quantity Unit Price Total
4
Alleys
Sq. Ft.
131
5
Easements and Lots
Ln. Ft.
69
6
Right of ways and curb line
Sq. Ft.
12
SECTION II REFERENCED BID ITEMS
Bid No: Item
1 Miscellaneous Hand Work
2 Trimming of Bushes and Trees
3 Removal & Hauling of Rubbish
and Garbage From Lots to
Disposal Site Except Items
designated in Line #4
a. 1 to 20 cubic yards
Unit Quantity Unit Price Total
Sq. Ft. 1,505,000
Cu. Ft. 450,000
Cu. Yd. 1050
Page 13 of 124
3094317.1
ATTACHMENT
Project and Specifications No.
b. 21 cubic yards and above Cu. Yd. 4300
4 Removal and Hauling of Concrete, Cu. Yd. 400
Asphalt, Blocks, Bricks, Rock
and/or Dirt.
All alleys lots and easements listed in Exhibit "A" will be subject to pest, weed, debris and rodent
control as determined by the City of Costa Mesa.
All locations listed within the Service Areas are to be inspected weekly for the application of pest
and weed control; furniture debris removals in alleyways and lots should be scheduled daily.
Page 14 of 124
3094317.1
ATTACHMENT 3
Project and Specifications No.
PROPOSAL SCHEDULE
(CONTINUE)
PRICING FOR ASPHALT REPAIR, REHABILITATION & MISCELLANEOUS RIGHT-OF-WAY
MAINTENANCE
NOTE:
Item numbers 1 through 8 are for 15 residential street repaving projects
at various
locations within the City.
Item #
Bid Item
Unit
Estimated Quantity
Unit Price
Amount
1
Unclassified Excavation
CY
600
$0.00
$0.00
2
Cold Milling (0 - 2") on 15 street
SF
465,000
$0.00
$0.00
paving jobs
3
Cold Milling (0 - 4") - Roadway
SF
2000
$0.00
$0.00
Hazards and Surface Grinds
4
Crack sealing (in conjunction with
LF
20,000
$0.00
$0.00
5
Asphalt Concrete Pavement leveling
TN
1,100
$0.00
$0.00
course of sheet class (F) asphalt / 15
Streets
6
Asphalt Concrete Pavement / Overlay
TN
4,215
$0.00
$0.00
for 15 Streets
7
Locate and adjust water valve box
EA
60
$0.00
$0.00
frame and cover to grade on local
street per City Std. No. 1410 (in
conjunction with paving job)
8
Locate and adjust manhole frame and
EA
50
$0.00
$0.00
cover to grade per City Std. No. 1201.
(in conjunction with paving job)
9
Crack sealing various locations
LF
15,000
10
Asphalt Concrete for small patches at
TN
800
$0.00
$0.00
various locations.
11
Large Asphalt Concrete patches
5-10 Tons
TN
500
$0.00
$0.00
10 - 20 Tons
TN
500
$0.00
$0.00
20 - 30 Tons
TN
400
$0.00
$0.00
30 - 40 Tons
TN
300
$0.00
$0.00
40 - 50 Tons
TN
300
$0.00
$0.00
50 - 100 Tons
TN
300
$0.00
$0.00
100 - 500 Tons
TN
200
$0.00
$0.00
500 - 1,000 Tons
TN
0
$0.00
$0.00
12
PCC Curb and Gutter per City Std.
LF
200
$0.00
$0.00
No. 1101
13
Sidewalk Grinding
EA
8,200
$0.00
$0.00
14
Gutter Flow line Grind/Slot-Channel
LF
500
$0.00
$0.00
15
Flatwork - 4" thick PCC Sidewalk
SF
5000
$0.00
$0.00
16
Adjust manhole frame and cover per
EA
10
$0.00
$0.00
City std.No. 1201 various locations
17
Remove & replace concrete collar
EA
15
$0.00
$0.00
around manhole cover per Std. 1201
19
Ramp sidewalk lifts with asphalt
EA
600
$0.00
$0.00
various locations
Page 15 of 124
3094317.1
ATTACHMENT 3
Project and Specifications No.
PROPOSAL SCHEDULE
(CONTINUE)
STORM DRAIN MAINTENANCE
PRICING FOR ANNUAL SERVICES
Unless specified with options, bid pricing should be submitted on a "per location" basis.
Description of Work Est. Qty Billing Unit Price/Unit Extension
Inspect, clean and remove debris from 1195 Location*
catch basins and service inlets two $ $
times per year
Repair and maintain environmental 100 Location
catch basin inlets screens $ $
Spill clean-up 50 Location $ $
Total Annual Bid Amount $
PRICING FOR AS -NEEDED VACUUM TRUCK/CREW SERVICES
EMERGENCY CALL OUT CHARGE
UNIT
UNIT PRICE
During Normal Business Hours:
per call
$
Monday -Friday: 7:00 a.m. — 4:30 p.m.
per hour
$
After Normal Business Hours
per call
$
per hour
$
Saturday, Sunday & Holidays
per call
$
per call
$
Spill clean-up & disposal
per call
$
per hour
$
The stated estimates of quantities of work herein are given only as a basis for comparison of
bids. The City does not expressly or by implication agree that the estimated amount of work will
correspond with any class or portion of the actual work.
NOTE: The accuracy of estimated quantities as shown is not guaranteed; the Bidder shall make
his/her own estimate. If the unit price and the total amount are different, the unit price will control
the bid. Payment shall be based on actual work done and/or actual quantities used. The unit
price proposed shall remain unmodified for the duration of the contract term.
Bidder's Initials
Page 16 of 124
3094317.1
ATTACHMENT 3
Project and Specifications No.
P-1
Page 17 of 124
3094317.1
(Please Type or Print)
Total Bid Amount (in written words)
Contractor's Lawful Name:
Bidder's Name:
Contractor's License No.
Contractor's Taxpayer I.D. Number:
Signature:
Contractor's Address:
Telephone Number: ( )
Area Uode
Fax Number:
Area e
24 -Hour Emergency Contacts:
Name
Name
Name
ATTACHMENT 3
Project and Specifications No.
PROPOSAL SCHEDULE
(CONTINUE)
in figures
Bidder's Initials:
Expiration:
Date:
Telephone No.: ( )
Area Uode
Telephone No.: ( )
Area Uode
Telephone No.: ( )
rea o e
Bidder's Initials
Page 18f 124 (180.SPC)CS Created 2/13/04
(Rev. 10/95) P-1 � 3094317.1
Project and SpecificatioA9WHMENT 3
The Contractor agrees that the City will not be held responsible if any of the
approximate quantities shown in the foregoing proposal shall be found incorrect, and he
shall not make any claim for damages or for loss of profits because of a difference between
the quantities of the various classes of work as estimated and the work actually done. If any
error, omission or misstatements shall be discovered in the estimated quantities, it shall not
invalidate this contract or release the Contractor from the execution and completion of the
whole or part of the work herein specified, in accordance with the specifications and the
plans herein mentioned and the prices herein agreed upon and fixed therefore, or excuse
him from any of the obligations or liabilities hereunder, or entitle him to any damages or
compensation otherwise than as provided for in this contract.
The Contractor agrees that the City shall have the right to increase or decrease the
quantity of any bid item or portion of the work or to omit portions of the work as may be
deemed necessary or expedient, and that the payment for incidental items or work, not
separately provided in the proposal shall be considered included in the price bid for other
various items or work.
Accompanying this proposal is "Cash," "Certified Check," or "Bidder's Bond" (circle
one) in the amount of
($ ) equal to at least ten (10%) percent of the total bid price, payable to the
City of Costa Mesa, to guarantee that within fourteen (14) days after written notice is
deposited in the mail, or the bidder has received notice by telephone, the bidder will furnish
proper Certificates of Insurance, and required bonds satisfactoryto the City and execute a
contract in accordance with the proposal and in the manner and form required by the
contract documents.
The undersigned deposits the above-named security as a proposal guarantee and
agrees that it shall be forfeited to the City of Costa Mesa if the above requirements are not
complied with.
Bidder's Initials
Page P9 f 124 (180.SPC)CS Created 2/13/04
L 3094317.1
Project and SpecificatioA§-T,=HMENT 3
Respectfully submitted,
Contractor's Business Name Contractor Title
Business Address: Street By Title
City State Zip Contractor's License No. and Classification
Business Phone Number Date
Name Title Residence: Street
City State Zip Residence Phone Number
If the bid is by a corporation, state the names of the officers who can sign an agreement on behalf
of the corporation and whether more than one officer must sign.
❑ Corporation Taxpayer I.D. Number:
Can Sign Must Sign
Name
Name
Name
If the bid is by a partnership or a joint venture, state the names and addresses of all general
partners and joint ventures.
❑ Partnership or Joint Ventures Taxpayer I.D. Number:
Name
Address
Name
Address
If the bidder is a sole proprietorship or another entity that does business under a fictitious name, the
bid shall be in the real name of the bidder with a designation following showing "DBA (the fictitious
name)"; provided, however, no fictitious name shall be.used unless there is a current registration
with the Orange County Recorder.
The full names and residences of all persons and parties interested in the foregoing proposal, as
principals, are as follows:
NOTE: Give first and last names in full; in case of corporation, give names of President,
Secretary, Treasurer and Manager, and affix corporate seal; in case of partnerships and
joint ventures, give names of all the individual members.
Bidder's Initials
Page 293of 124 (180.sac)cs created 2/13/04
3094317.1
Project and Specificatio►TVV,'HMENT 3
Bidder shall signify receipt of all Addenda here, if any:
Addendum No. Date Received
REFERENCES
Bidder's Signature
In order to more fully evaluate your background and experience for the project herein
proposed, it is requested that you submit a list of similar projects completed, or in progress,
within the last 24 months. Your cooperation in this matter is greatly appreciated.
Agency's Contract
Date Project Awarded Awarding Agency Administrator
Bidder's Initials
Page � Qf 124 (160.sPC)CS Created 2/13/04
4 3094317.1
ATTACHMENT
Project and Specifications No.
DESIGNATION OF SUBCONTRACTORS
In compliance with Sections 4100-4114 of the Public Contract Code of the State of
California, and any amendments thereto, each bidder shall set forth below the name,
business address contractor's license numberof each subcontractor who will perform work
or labor or render service to the prime contractor in or about the construction of the work or
improvement in an amount in excess of one-half ('/2) of one percent (1%) of the prime
contractor's total bid or $10,000, whichever is greater, and shall further set forth the portion
of the work which will be done by each such subcontractor. Only one subcontractor for
each such portion shall be listed.
If the contractor fails to specify a subcontractor for any portion of the work to be performed
under the contract, he shall be deemed to have agreed to perform such portion himself,
and he shall not be permitted to subcontract that portion of the work except under the
conditions hereinafter set forth.
Subletting or subcontracting of any portion of the work to which no subcontractor was
designated in the original bid, shall only be permitted in cases of public emergency or
necessity, and then only after a finding reduced to writing as a public record of the
Legislative Body of the owner.
Please use additional pages in this format if needed.
PORTION SUBCONTRACTOR'S NAME STATE LICENSE NUMBER
DF WORK AND FULL ADDRESS I AND CLASSIFICATION
Bidder's Initials
Page Fgf 124 (180.SPC)CS Created 2/13/04
r 3094317.1
Project and SpecificatioPMETWHMENT 3
CITY OF COSTA MESA BIDDERS LIST
All bidders are required to provide the following information for all DBE and non -DBE contractors,
who provided a proposal, bid, quote, or were contacted by the proposed prime. This information is
also required from the proposed prime contractor, and must be submitted with their bid/proposal.
City of Costa Mesa will use this information to maintain and update a "Bidders List" to assist in the
overall annual goal DBE goal setting process. To the extent permitted by law, all information
submitted will be held in confidence.
If Bidders List information is not submitted with the bid, it shall be submitted to the City of Costa
Mesa, Project Administration Division, 77 Fair Drive, Costa Mesa, CA 92626, no later than 4:00
p.m. on the fourth day, not including Saturdays, Sundays and legal holidays, following the bid
opening. Bidders List information sent by U.S. Postal Service certified mail with return receipt and
certificate of mailing and mailed on or before the third day, not including Saturdays, Sundays and
legal holidays, following bid opening will be accepted even if it is received after the fourth day
following bid opening. Failure to submit the required Bidders List information by the time specified
will be grounds for finding the bid or proposal non-responsive.
Firm Name:
Address:
Contact Person:
Phone:
Fax:
No. of years in business:
Is the firm currently certified as a DBE under 49 CFR Part 26? ❑ YES ❑ NO
Type of work/services/materials provided by firm?
What was your firm's Gross Annual receipts for last year?
❑
Less than $1 Million
❑
Less than $5 Million
❑
Less than $10 Million
❑
Less than $15 Million
❑
More than $15 Million
This form can be duplicated if necessary to report all bidders (DBEs and non -DBEs information).
Paget of 124 (180.SPC)CS Created 2/13/04
N- a 3094317.1
Project and Specificatiop!KTTHMENT 3
BIDDER'S BOND TO ACCOMPANY PROPOSAL
(Required if the bidder desires to submit bond instead of a certified or cashier's check.)
KNOW ALL PEOPLE BY THESE PRESENTS:
That we, as
Principal, and as
Surety, are held and firmly bound unto the City of Costa Mesa, a municipal corporation,
organized under the laws of the State of California and situated in Orange County (City) in
the sum of ($ )
to be paid to the City, its successors and assigns, for which payment well and truly to be
made, we bind ourselves, our heirs, executors, and administrators, successors or assigns,
jointly and severally firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH,
That, whereas the Principal has submitted said bid to the City on ,
200_ for the , as specified therein.
NOW THEREFORE, if the Principal is awarded a contract by the City and, within the
time and in the manner required by the Specifications, enters into a contract with the City
and furnishes the requisite insurance certificates, bonds, or other contract documents, then
this obligation shall become null and void; otherwise to remain in full force and effect.
In the event suit is brought upon this bond by the City and judgment is recovered,
the Surety shall pay all costs incurred by the City in such suit, including reasonable
attorney's fees to be fixed by the court.
IN WITNESS WHEREOF:
We hereunto set our hands and seals this day of , 20
Principal
By:
By:
(Note: Signature of person executing for Surety:
Surety must be notarized and evidence of
power of attorney attached) By: _
Attorney -In -Fact
Page Pof 124 (180.SPC)CS Created 2/13/04
3094317.1
Project and SpecificatioAfflJdDHMENT 3
CONTRACT ASSURANCE
The CONTRACTOR or subcontractor shall not discriminate on the basis of race, color,
national origin, or sex in the performance of this contract. The CONTRACTOR shall
carry out applicable requirements of 49 CFR part 26 in the award and administration of
DOT -assisted contracts. Failure by the CONTRACTOR to carry out these requirements
is a material breach of this contract, which may result in the termination of this contract
or such other remedy as recipient deems appropriate.
The CONTRACTOR will require that the above provision is included in all
subcontracts.
Bidder's Initials
Page Pff 124 (180.SPC)CS Created 2/13/04
3094317.1
Project and SpecificatioATVtCHM ENT 3
NON -COLLUSION AFFIDAVIT
TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID
(In accordance with California Public Contract Code Section 7106)
Project Title:
State of California )
) ss.
County of )
being first duly sworn, deposes and says that he or she is
of
(sole owner, a of partner, president, secretary, etc.)
the party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any
undisclosed person, partnership, company, association, organization, or corporation; that the bid is
genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited
any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired,
connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain
from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement,
communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to
fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure
any advantage against the public body awarding the contract or anyone interested in the proposed
contract; that all statements contained in the bid are true; and, further, that the bidder has not,
directly, or indirectly, submitted his or her bid price or any breakdown thereof, or the contents
thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any
corporation, partnership, company, association, organization, bid depository, or to any member or
agent thereof to effectuate a collusive or sham bid.
Signature of Representative of Bidder
Subscribed and sworn to before me,
a Notary Public in and for the
State of California, County of
, this day of
,20—.
Signature of Notary Public
My commission expires , 20_.
(Seal)
Page P6f 124 (180.SPC)CS Created 2/13/04
r y 3094317.1
Project and SpecificatioVffWtCHMENT 3
CONTRACTOR'S CERTIFICATION
OF
WORKERS' COMPENSATION INSURANCE REQUIREMENTS
FOR
PUBLIC WORKS PROJECTS
(Labor Code §1861)
I am aware of the provisions of Section 3700 of the California Labor Code which requires
every employer to be insured against liability for workers' compensation or to undertake
self-insurance in accordance with the provisions of that Code, and I will comply with such
provisions before commencing the performance of the work of this contract.
Dated:
CONTRACTOR
COMPANY NAME
PROJECT
Bidder's Initials
Page Fgf 124 (180.SPC)CS Created 2/13/04
�7 �j 3094317.1
ATTACHMENT 3
DRUG-FREE WORKPLACE POLICY
CONTRACTOR, upon notification of contract award, shall establish a Drug -Free
Awareness Program to inform employees of the dangers of drug abuse in the workplace,
the penalties that may be imposed upon employees for drug abuse violations occurring in
the workplace, and the employee assistance programs available to employees. Each
employee engaged in the performance of a CITY contract must be notified of this Drug -
Free Awareness Program, and must abide by its terms. Failure to establish a program,
notify employees, or inform CITY of a drug-related workplace conviction will constitute a
material breach of contract and cause for immediate termination of the contract by CITY.
CONTRACTOR shall conform to all the requirements of CITY'S Policy No. 100-5. A
copy of this policy is attached to the sample contract agreement as Attachment No. 1 in the
Project Specifications.
Bidder's Initials
Page 28 of 124 3094317.1
PART I
A: STANDARD SPECIFICATIONS
ATTACHMENT 3
Except as hereinafter provided, the provisions of the latest edition of the "Standard
Specifications for Public Works Construction" (Green Book), and all amendments thereto,
adopted by the Joint Cooperative Committee of Southern California Chapter, American
Public Works Association, Southern California District and Associated Contractors of
California; hereinafter referred to as Standard Specifications, are adopted as the "Standard
Specifications of the City of Costa Mesa" and shall be considered as a part of these
specifications,
Where specified in these specifications, the California Building Code, 2007 Edition, based
on the 2006 International Building Code, the latest edition of the "Standard Specifications
and Standard Plans of the State of California, Department of Transportation, Division of
Highways," "Standard Plans of the Orange County Environmental Management Agency,"
and "Los Angeles County Flood Control District, Design Manual, Standard Drawings" shall
apply.
B: GENERAL PROVISIONS
The following additions are made to the "Standard Specifications." If there is a conflict
between the "Standard Specifications" and these additions, these additions shall have first
precedence.
1-2 DEFINITIONS
The City of Costa Mesa, California, hereinafter
(a) AGENCY referred to as "CITY."
(b) BOARD The City Council of the City of Costa Mesa,
California, hereinafter referred to as "BOARD."
(c) CONTRACT Documents including but not limited to the following:
DOCUMENTS The proposal form P-1 through P -9a, Notice Inviting
Bids, Standard Specifications, General Provisions,
Special Provisions, Plans, Bonds, Insurance
Certificates, Agreement, and all Addenda setting
forth any modifications of the documents as further
specified in contract agreement.
(d) CITY REPRESENTATIVE, The administrating officer of the City of Costa Mesa
PROJECT MANAGER OR or his authorized representative hereinafter referred
ENGINEER to as CITY REPRESENTATIVE, PROJECT
MANAGER OR ENGINEER.
(e) BIDDER Any individual, firm, partnership, corporation, or
combination thereof, submitting a bid proposal for
the work contemplated in the contract documents,
12
B -
Page 29 of 124 3094317.1
(f) LEGAL ADDRESS OF
CONTRACTOR
(g) LABORATORY
1-3 ABBREVIATIONS
CALTRANS
O.C.E.M.A.
O.C.F.C.D.
2-1.1 AWARD OF CONTRACT
ATTACHMENT 3
acting directly or through a duly authorized
representative, hereinafter referred to as BIDDER.
The legal address of the Contractor shall be the
address given on the Contractor's bid and is hereby
designated as the place to which all notices, letters
or other communications to the Contractor shall be
mailed or delivered.
An established laboratory approved and authorized
by the ENGINEER for testing materials and work
involved in the contract.
State of California, Department of Transportation,
Division of Highways
Orange County Environmental Management Agency
Orange County Flood Control District
The award of contract, if awarded, will be to the lowest responsible bidder, as defined in
Public Contract Code 1103, whose proposal complies with all requirements of the Notice
Inviting Bids and Section 2-1.2 of these specifications. The BIDDER, upon notification as
the "apparent low bidder," shall comply with the CITY'S insurance and bonding
requirements by submitting the required insurance certificates and bonds within fourteen
(14) days after the mailing of a notice to the BIDDER that the contract is ready for
execution. The contract will be awarded within thirty (30) days of receipt of properly
approved insurance certificates and bonds pursuant to CITY requirements spelled out in
these specifications. BIDDER must take particular note of "insurance requirements"
contained in these specifications and sample agreement included within the contract
documents, and should provide that information to his insurance broker in order that a
properly executed certificate is submitted. The CITY, however, reserves the right to reject
any or all bids and to waive any informality in the bids received.
2-1.2 PROCEDURE FOR PROPOSAL SUBMITTAL
Proposal shall be made and submitted on proposal forms P-1 through P -9a in accordance
with the Notice Inviting Bids. In addition to the required signatures in the spaces provided in
the proposal forms, each BIDDER shall initial each sheet of the proposal forms at the
bottom right hand corner.
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No person, firm, partnership, corporation, or combination thereof shall be allowed to make
or file or be interested in more than one bid for the same work, unless alternate bids are
called for. A person, firm, partnership, corporation, or combination thereof who
has submitted a sub -proposal to a BIDDER or who has quoted prices on materials to a
BIDDER is not thereby disqualified from submitting a sub -proposal to or quoting prices to
the other bidders. If, on the opening of bids, more than one bid appears in which the same
person, firm, partnership, corporation or combination thereof is interested as a principal, all
such bids shall be rejected.
Proposals with interlineations, alterations, or erasures shall be initialed by the BIDDER'S
authorized agent. Alternative proposals, special conditions, or other limitations or provisions
affecting the bid, except as such called for in the contract documents, will render the bid
informal and may cause its rejection.
All proposals must give the prices bid for the various items of work and must be signed by
the BIDDER, who shall give his address. Each bid shall have thereon the affidavit of the
BIDDER that such bid is genuine and not sham nor collusive, nor made in the interest nor
behalf of any other person not therein named and that the BIDDER has not directly nor
indirectly induced or solicited any other BIDDER to put in a sham bid, nor induced nor
solicited any person, firm, partnership, corporation, or combination thereof to refrain from
bidding, and that the BIDDER has not in any manner sought by collusion to secure himself
an advantage over any other BIDDER.
2-1.3 REQUEST FOR INTERPRETATION
If any person contemplating submitting a bid is in doubt as to the meaning of any part of the
plans, specification, or other proposed contract documents, or finds discrepancies in, or
omissions from the drawings or specifications, he may make a request to the ENGINEER,
in writing, for an interpretation or correction thereof. The person submitting such a request
shall be responsible for its prompt delivery. All such interpretations of the contract
documents will be made only by addenda duly issued, and a copy of each such addendum
will be mailed or delivered to each person receiving a set of contract documents at his last
address of record. The CITY will not be responsible for any other explanations or
interpretations of the contract documents.
2-1.4 RETURN OF BID SECURITY
Any BIDDER may withdraw his bid, either personally, or by telegraphic or written request,
at any time prior to the scheduled closing time for the receipt of bids. It is the sole
responsibility of the BIDDER to see that any such telegraphic or written request is delivered
to the City Clerk prior to said closing time. Bid security of such BIDDERS will be returned
promptly to the BIDDER.
The bid security of the BIDDER whose bid is accepted will be held by the CITY until the
contract has been executed and the accompanying insurance certificates, performance
bond and labor and materials bond are approved and filed, whereupon the bid security will
then be returned to the BIDDER.
The bid security of the second and third lowest BIDDERS will be retained until the contract
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is awarded to and executed by the BIDDER whose bid is accepted, or until 45 days after
the opening of bids, whichever period is shorter. The bid security of all BIDDERS other than
the three lowest will be returned promptly after the opening of bids.
If a BIDDER fails or refuses promptly to execute the agreement to do the work or fails or
refuses to comply with insurance and bonding requirements, the bid security shall be
forfeited to the CITY and shall be collected and paid into the General Fund of the CITY.
2-1.5 EXECUTION OF AGREEMENT
The agreement shall be signed by the successful BIDDER and returned to the CITY prior to
the award of the contract. Failure to comply with insurance and bonding requirements as
specified in the agreement and in Section 2-1.1 of the General Provisions shall be
considered grounds for the revocation and rejection of the bid and forfeiture of bid security.
No proposal shall be considered binding upon the CITY until the execution of the
agreement by the CITY. In case of conflict, the agreement shall have precedence over all
other written specifications.
2-2.1 ASSIGNMENT
No contract or portion thereof may be assigned without consent of the BOARD.
2-3.1 SUBCONTRACTS: GENERAL
The ENGINEER, as duly authorized officer, may consent to subcontractor substitution
requested by the Contractor subject to the limitations and notices prescribed in Section 4107 of
the Public Contract Code.
2-4 CONTRACT BONDS
The "Faithful Performance Bond" and the "Payment Bond" as specified in this section shall be
for one hundred percent (100%) of the contract price. The Faithful Performance Bond shall also
be kept by the Contractor in full force and effect for at least one (1) year following the filing of
the Notice of Completion. The Payment bond shall continue in full force and effect until after the
expiration of the time limit established by Civil Code Section 3249.
CONTRACTOR shall provide the following:
A certified copy of the certificate of authority of the surety issued by the Insurance
Commissioner.
A certificate from the clerk of the county in which the court or officer is located that
the certificate of authority of the surety has not been surrendered, revoked,
canceled, annulled, or suspended or, in the event that it has, that renewed authority
has been granted.
Copies of the surety's most recent annual statement and quarterly statement filed
with the Department of Insurance pursuant to Article 10 (commencing with Section
900) of Chapter 1 of Part 2 of Division 1 of the Insurance Code.
2-5.1 PLANS AND SPECIFICATIONS
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Contractor will obtain from the ENGINEER, free of charge, copies of plans, general provisions,
special provisions and additions to the Standard Specifications that are reasonably necessary
for the execution of work.
BIDDER shall, at his own expense, obtain copies of the Standard Specifications and
Standard Plans and Specifications of CALTRANS, for his general use.
If after the contract is awarded it appears that the work to be done, or any matter relative
thereto, is not sufficiently detailed or explained in the specifications and plans, the
Contractor shall apply to the ENGINEER for such further explanations as may be
necessary and shall conform to such explanation or interpretation as part of the contract.
All scaled dimensions are approximate. Before proceeding with the work, the Contractor
shall carefully check and verify all dimensions and quantities and shall immediately inform
the ENGINEER or his representative of any discrepancies.
2-6.1 REMOVAL OF DEFECTIVE AND UNAUTHORIZED WORK
All work which is defective in its construction or does not meet all of the requirements of the
plans and/or specifications shall be remedied, or removed and replaced by the Contractor in
an acceptable manner, and no compensation will be allowed for such correction.
Upon failure on the part of the Contractor to comply forthwith with any order of the
ENGINEER made under the provisions of this article, the ENGINEER shall have authority
to cause defective work to be remedied, or removed and replaced, and unauthorized work
to be removed, and to deduct the costs and thereof from any monies due or to come due
the Contractor.
Payment will not be made for materials wasted or disposed of in a manner not called for
under the contract. This includes rejected material not unloaded from vehicles, material
rejected after is has been placed and material placed outside the limits of the project. No
compensation will be allowed for disposing of rejected or excess material.
2-10 AUTHORITY OF BOARD AND ENGINEER
Authority of BOARD and ENGINEER shall conform to Section 2.10 of Standard
Specifications and the following:
When any of the various units or operations of the work have been suspended, the
Contractor shall give at least 24 hours advance notice of the time when he or his
subcontractor will start or resume any of such units or operations. That notice is to be given
during working hours, exclusive of Saturdays, Sundays or holidays, for the purpose of
permitting the ENGINEER to make necessary assignments to his representative on the
work.
Any work performed in conflict with said notice, without the presence or approval of the
ENGINEER, or work covered up without notice, approval or consent may be rejected or
ordered to be uncovered for examination at Contractor's expense and shall be removed at
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Contractor's expense, if so ordered by the ENGINEER or his representative on the work.
Any unauthorized or defective work, defective material or workmanship or any unfaithful or
imperfect work that may be discovered before the final payment and final acceptance of
work shall be corrected immediately by the Contractor without extra charge even though it
may have been overlooked in previous inspections and estimates or may have been
caused due to failure to inspect the work.
All authorized alterations affecting the requirements and information given on the approved
plans shall be in writing. No changes shall be made on any plan or drawing by the
Contractor after the same has been approved by the ENGINEER, except by direction of the
ENGINEER in writing. Deviations from the approved plans, as may be required by critical
conditions of construction, must be authorized in writing by the ENGINEER.
All instructions, rulings and decisions of the ENGINEER shall be in writing and are binding
on all parties unless a formal protest is made as provided in the following paragraph:
If the Contractor considers any work demanded of him to be outside the requirements of
the contract, or if he considers any instruction, ruling or decision of the ENGINEER or
ENGINEER'S representative to be unfair, the Contractor shall, within ten (10) days after
any such demand is made, or instruction, ruling or decision is given, file a written protest
with the ENGINEER, stating clearly and in detail his objections and reasons therefore.
Except for such protests and objections as are made of record, in the manner and within
the time above stated, the Contractor shall be deemed to have waived and does hereby
waive all claims for extra work, damages and extensions of time on account of demands,
instructions, rulings and decisions of the ENGINEER.
Upon receipt of any such protest from the Contractor, the ENGINEER shall review the
demand, instruction, ruling or decision objected to and shall promptly advise the Contractor,
in writing, of his final decision, which shall be binding on all parties, unless within the ten
(10) days thereafter the Contractor shall file with the BOARD a formal protest against said
decision of the ENGINEER. The BOARD shall consider and render a final decision on any
such protest within thirty (30) days of receipt of same. If the BOARD fails to consider and
render a final decision on any such protest within thirty (30) days of receipt of the same, the
protest shall be deemed denied.
2-11.1 INSPECTION COSTS
If the Contractor requests and receives approval from the ENGINEER to receive inspection
services from the CITY outside of a normal eight (8) hour day/forty (40) hour work week or
on Saturday, Sunday, or CITY holidays, the Contractor shall arrange with the CITY and
ENGINEER for the special inspection services and Contractor shall pay for such special
inspection services at a fee established by the ENGINEER to defray the cost for such
service.
3-1.1 CHANGES 1N WORK: GENERAL
ENGINEER shall be the duly authorized officer of the CITY who may grant the changes
prescribed in this section.
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3-3.1 EXTRA WORK: GENERAL
Any work done by the Contractor beyond the estimated quantities shown on the Proposal form
(P-1) shall only be performed when ordered in writing by the ENGINEER. In absence of such
written order, any such work by the Contractor shall be considered unauthorized and will not be
paid. Extra work performed at the direction of the ENGINEER shall be compensated at the
appropriate Extra Work Unit Prices as shown in the Proposal (P-1).
3-4 CHANGED CONDITIONS
The Contractor shall promptly act to supply all information to the ENGINEER for proper
evaluation. Failure to do so shall constitute a waiver of any payment for delays suffered by
the Contractor.
5-2 UTILITIES: PROTECTION
The Contractor shall be responsible for protecting and supporting all existing utilities and
maintaining the location of and access to all gate valves during construction. When damage
to existing utilities is caused by the Contractor's operations, the Contractor shall, at his
expense, repair or replace damaged facilities promptly, in accordance with Sections 5 and
306 of the Standard Specifications and the standards of each affected utility. Should the
Contractor fail to perform the required repairs or replacements, the cost of performing such
repairs or replacement by others shall be deducted from any monies due or to become due
the Contractor.
6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK
Prior to the commencement of construction, arrangements will be made for a meeting
between the Contractor and the ENGINEER. The purpose of this meeting is to organize the
activities of the Contractor within the limits of this contract, review scheduling, discuss
construction methods and clarify inspection procedures. At this meeting the Contractor will
be required to submit, for approval by the ENGINEER, a complete work schedule showing
the number of working days required to complete the entire project.
6-1.1 DAILY REPORT SUBMITTAL
Contractor shall submit daily reports to the CITY at the end of each working day. All forms
shall be provided by the CITY. Any cost for.this item shall be included in the various items
of work and no other compensation will be allowed.
6-9 LIQUIDATED DAMAGES
The amount of liquidated damages shall be as delineated in the Special Provisions and
contract agreement.
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7-2.4 APPRENTICES
Attention is directed to the provisions of Sections 1777.5 and 1777.6 of the Labor Code
concerning the employment of apprentices by the Contractor or any subcontractor under
him. The Contractor and any subcontractor under him shall comply with the requirements of
those sections in the employment of apprentices.
Information relative to apprenticeship standards, wage schedules and other requirements
may be obtained from the Director of Industrial Relations, Ex -officio the Administrator of
Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards
and its branch offices.
7-2.5 HIRING OF CITY EMPLOYEES
In an effort to retain qualified former employees of the City who have been displaced due to
layoff, Contractor will, upon request, interview any interested former employees of the City
who performed jobs similar to those to be performed by Contractor's employees and will
not discriminate against any job applicant who was previously employed by the City.
7-3 LIABILITY INSURANCE
The minimum amounts and types of insurance coverages are as stated.in the agreement
(sample copy attached). Prior to bid submittal the BIDDER shall keep fully informed of the
latest insurance requirements of the City of Costa Mesa and shall comply with all other
provisions of Section 7.3 of the Standard Specifications.
Below are approved endorsements which satisfy the basic insurance requirements
contained in contracts entered into by City of Costa Mesa. These have been approved by
the City Attorney's office. The terms of any specific contract with the City are controlling.
Prior to the commencement of any work, the CITY requires that the ENGINEER receive
Certificates of Insurance in DUPLICATE for liability coverage of at least $1,000,000
combined single limit, per occurrence and in the aggregate.
Each insurance policy required by the CITY of the Contractor shall contain the following
endorsements:
1. Additional Insureds
"The City of Costa Mesa and its elected and appointed boards, officers, agents,
and employees are additional insureds with respect to the subject project and agreement."
2. Notice
"Said policy shall not terminate, nor shall it be canceled nor the coverage
reduced, until thirty (30) days after written notice is given to City."
3. Other Insurance
"Any other insurance maintained by the City of Costa Mesa shall be excess and
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not contributing with the insurance provided by this policy."
If any of such policies provide for a deductible or self-insured retention to provide such
coverage, the amount of such deductible or self-insured retention shall be approved in
advance by City. No policy of insurance issued as to which the City is an additional insured
shall contain a provision which requires that no insured except the named insured can
satisfy any such deductible or self-insured retention.
7-5 PERMITS, LICENSES and COMPLIANCE with SOLID WASTE HAULING
All permits and licenses shall be obtained in sufficient time to prevent delays to the work.
In the event that the CITY has obtained permits, licenses or other authorizations applicable
to the work, the Contractor shall comply with the provisions of said permits, licenses and
other authorizations.
The Contractor will be responsible for complying with the City of Costa Mesa Muncipal
Code Section 8-77 to use a City -permitted hauler for all work performed under this project.
Non-compliance with this requirement shall be subject to an administrative penalty of
$1,000 or 3% of the total project cost, whichever is greater. A Construction Project
Debris/Solid Waste Hauling Compliance Agreement must be submitted by the contractor to
the city on a City -approved form prior to the release of retention monies.
7-6 THE CONTRACTOR'S REPRESENTATIVE
Contractor shall also file with the ENGINEER the addresses and telephone numbers where
he or his designated representative may be reached during hours when the work is not in
progress.
Instructions and information given by the ENGINEER to the Contractor's authorized
representative or at the address or telephone numbers filed in accordance with this section
shall be considered as having been given to the Contractor.
The Contractor shall have on the work site at all times a competent English-speaking
superintendent, as his agent, capable of reading and thoroughly understanding the plans
and specifications and other related documents.
7-8.5 TEMPORARY LIGHT, POWER AND WATER
The Contractor shall provide for his employees an adequate supply of clean, potable
drinking water, which shall be dispensed through approved sanitary facilities. Contractor
shall supply water, electricity or other necessary utilities to complete the work.
7-8.7.1 DRAINAGE CONTROL: RESPONSIBILITIES
The Contractor shall be responsible for any damage to any portion of the work occasioned
by failure to provide proper drainage control prior to the completion and acceptance of the
work.
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7-10 PUBLIC CONVENIENCE AND SAFETY
Material or other obstructions shall not be placed within fifteen feet (16) of fire hydrants.
Fire hydrants shall be made readily accessible to the Fire Department at all times. Traffic
control shall also conform with the provision of the latest edition of Work Area Traffic
Control Handbook (WATCH) published by Building News, Inc.
7-10.1 TRAFFIC AND ACCESS
Prior to restricting normal access from a public street to adjacent properties, the Contractor
shall notify each property owner or owner's agent, informing them of the nature of the
access restriction and the approximate duration of the restriction. The Contractor shall
make every effort possible to minimize such restrictions.
Trenches left open overnight shall be bridged in a safe and acceptable manner at all
driveways and walkways to provide safe access.
A minimum of one four (4) foot wide pedestrian walkway shall be maintained and safely
delineated along each public street at all times during construction.
7-13 LAWS TO BE OBSERVED
The Contractor shall. protect and indemnify the CITY, the BOARD, the ENGINEER, and all
of its or their officers, agents and servants against any claim or liability arising from or
based on the violation of any existing or future State, Federal and local laws, ordinances,
regulations, orders or decrees, whether by himself or his employees. If any discrepancy or
inconsistency is discovered in the plans, drawings, specifications or contract for the work in
relation to any such law, ordinance, regulation, order or decree, the Contractor shall
forthwith report the same to the ENGINEER in writing.
9-3.1.1 PAYMENT GENERAL
Payment for the various items listed on the Bid Proposal, as further specified herein, shall
constitute full compensation to the Contractor for furnishing all material, tools, equipment,
supplies, and manufactured articles, and for all labor, operations, and incidentals
appurtenant to the items of work and as specified and shown on the drawings, including all
costs for compliance with the regulations of public agencies having jurisdiction, including
Safety and Health Requirements of the. California Division of Industrial Safety and the
Occupational Safety and Health Administration (OSHA) of the U.S. Department of Labor.
No separate payment will be made for any item that is not specifically set forth in the Bid
Proposal..
Costs arising from violations of regulations will be paid by the offending party to the extent
that there will be no additional cost to the CITY.
9-3.1.2 PRICE INCREASES/DECREASES
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No price increases will be permitted during the term of the contract.
9-3.2 PARTIAL AND FINAL PAYMENT
Contractor shall comply with the requirements of Division 2, Part 1, Chapter 7, Section
7107 of the California Public Code.
The lead time for processing invoices for the monthly progress payments approved by the
ENGINEER for inclusion on the warrant list of the CITY is governed by the rules and
regulations established by the Finance Department of the CITY. Monthly payments will be
processed and paid in accordance with the rules and regulations established or revised by
the said Finance Department.
After completion of the contract, the BOARD shall, upon recommendation of the
ENGINEER, accept the work as completed and authorize the final payment.
The final payment shall be the entire sum found to be due the Contractor after deducting
therefrom all previous payments and all amounts to be kept and all amounts to be retained
under the provisions of the contract. All prior partial estimates and payments shall be
subject to correction in the final estimate and payment.
No certificate given or payment made under the contract, except the final certificate or final
payment, shall be conclusive evidence of full or substantial performance of this contract;
and no payment shall be construed to be an acceptance of any defective work or improper
material.
Before final payment can be made, the CONTRACTOR shall release and waive any and all
claims against the CITY arising from the work under and in connection with the Agreement.
The release will be in a form furnished by the Engineer and shall be accompanied by a
certification by the CONTRACTOR that:
(1) All warranties and guarantees are in full force and effect; and
(2) The release and certification will survive Final Payment.
Final payment will be made within 30 days after approval of the Final Invoice by the
Engineer, submittal of release form by the CONTRACTOR and resolution of all
CONTRACTOR claims whichever is later, and in no event sooner than 65 days after Notice
of Final Acceptance. If an approved Final Invoice has not been submitted within 60 days
after Notice of Final Acceptance, the CITY may elect to make payment of sums not in
dispute without prejudice to the right of either the CITY or the CONTRACTOR in connection
with such disputed sums.
The CITY will withhold sums sufficient to pay all unsettled claims for which stop notices
have been filed pursuant to Section 3179 et seq. of the California Civil Code, together with
the reasonable cost of any litigation thereunder.
The making of final payment shall not operate to release the CONTRACTOR or its sureties
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from obligations arising under this Contract, the Contract bonds and warranties as herein
provided. Specifically, the making of final payment shall not constitute a waiver and
release of claims by the CITY arising from
(1) Unsettled or stop notices,
(2) Failure of the work to comply with the requirements of the Contract ,
(3) The terms of any warranties required by or contained in the Contract ,
(4) The right to any insurance proceeds or the right to make any insurance or bond claims,
(5) Any claims with respect to CONTRACTOR's obligation of indemnity with respect to
claims, asserted by third parties, or
(6) Any latent deficiencies with the work or CONTRACTOR's fraud.
9-3.2a PROMPT PROGRESS PAYMENT TO SUBCONTRACTORS
Contractor shall comply with the requirements of Division 2, Part 1, Chapter 7, Section
7200 of the California Public Code.
The CONTRACTOR agrees to pay each subcontractor under this Agreement for
satisfactory performance of its contract no later than 10 days from the receipt of each
payment the CONTRACTOR receives from CITY.
The CONTRACTOR agrees further to release retainage payments to each subcontractor
within 7 days after the retention payment is received by the contractor.
Any delay or postponement of payment from the above referenced time frame may occur
only for good cause following written approval of the CITY. This cause applies to both DBE
and non -DBE subcontractors.
9-3.3 DELIVERED MATERIALS
Materials delivered, but not in place, will not be classed as work done, except as otherwise
provided in these specifications.
[NEED TO INCLUDE AND RENUMBER THE FOLLOWING SECTIONS]
Hazardous Chemicals and Wastes
The CONTRACTOR shall bearfull and exclusive responsibility for the release of hazardous
or non -hazardous chemicals or substances which were brought to the site by the
CONTRACTOR during the course of the Work. The CONTRACTOR shall immediately
report any such release to the Engineer. The CONTRACTOR shall be solely responsible
for all claims and expenses associated with the response to, removal and remediation of
the release, including, without limit, payment of any fines or penalties levied against the
CITY by any agency as a result of such release and shall hold harmless, indemnify and
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defend the Owner from any claims arising from such release. For purposes of this article
only, the term "claims" shall include:
(1) All notices, orders, directives, administrative or judicial proceedings, fines, penalties,
fees or charges imposed by any governmental agency with jurisdiction, and
(2) Any claim, cause of action, or administrative orjudicial proceeding brought against
the CITY, its directors, employees, and agents for any loss, cost (including reasonable
attorney's fees), damage or liability, sustained or suffered by any person or entity, including
the CITY.
If the performance of the work creates any hazardous wastes as a result of a release of
hazardous material brought to the site by the CONTRACTOR, those wastes shall be
properly disposed of according to federal, state and local laws, at the expense of the
CONTRACTOR. The CONTRACTOR shall dispose of the wastes under its own EPA
Generator Number. In no event shall the CITY be identified as the generator. The
CONTRACTOR shall notify the Engineer of any such hazardous wastes and the Engineer
reserves the right to obtain a copy of the results of any tests conducted on the wastes and,
at CITY's cost, to perform additional tests or examine those wastes, prior to its disposition.
The CONTRACTOR shall hold harmless, indemnify and defend the CITY from any claims
arising from the disposal of the hazardous wastes brought to the site by the
CONTRACTOR, regardless of the absence of negligence or other malfeasance by
CONTRACTOR. CONTRACTOR shall not be deemed the generator of any hazardous
waste except for those brought to the site by the CONTRACTOR. Disposal of all
Hazardous Materials must be performed in accordance with all laws and regulations.
Copies of required regulatory documentation including copies of final manifests shall be
provided to the Engineer.
PUBLIC WORKS PROVISIONS
Prohibition Against Contracting with Debarred Subcontractors. Contractors are prohibited
from performing work on a public works project with a subcontractor who is ineligible to
perform work on the public works project pursuant to Section 1777.1 or 1777.7 of the Labor
Code.
Use Of Subcontractors. Contractor shall not subcontract any work to be performed by it under
this Contract without the prior written approval of CITY. Contractor shall be solely
responsible for reimbursing any subcontractors and CITY shall have no obligation to them.
Attention is directed to the requirements of Sections 4100 to 4113, inclusive, of the
California Public Contract Code which are applicable to this Contract. Each Contractor shall
list the name and business address of each subcontractor to whom the Contractor proposes
to subcontract a portion of the work in an amount in excess of one-half of one percent (.5%)
of the Total Contract Price, along with a description of the portion of the work which shall be
done by each subcontractor, by executing the "List of Subcontractors" form attached to this
Contract.
Prompt Payment to Contractor. The City will make progress payments within 30 days after
receipt of an undisputed and properly submitted progress payment invoice. Attention is
directed to Section 20104.50 of the Public Contract Code. No such payment will be made
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when, in the judgment of the Engineer, (a) the work is not proceeding in accordance with the
provisions of the Contract; (b) the Contractor is not complying with the requirements of the
Contract; or (c) when the total value of the work done as shown on the invoice does not
exceed Three Hundred Dollars ($300.00).
No such invoice or paymentwill be construed to be an acceptance of anywork or materials.
Before any progress payment or the final payment is made, the Contractor may be required
to submit satisfactory evidence that he is not delinquent in payments to his employees,
subcontractors, suppliers or other creditors for labor and materials incorporated into the
work.
Pursuant to Public Contract Code Section 20104.50, if the City fails to make a progress
payment in a timely manner, it shall pay interest to the Contractor at the legal rate set forth
in Section 685.010(a) of the California Code of Civil Procedure.
Partial Payments. CITY will retain ten percent (10%) of the estimated value of the work done and
ten percent (10%) of the value of materials estimated to have been furnished and delivered
and unused, orfurnished and stored as part security forthe fulfillment of the Contract bythe
Contractor. Any time after fifty percent (50%) of the work has been completed, if CITY finds
that satisfactory progress is being made, CITY may reduce the total amount being retained
from payment pursuant to the above requirements to five percent (5%) of the total Contract
value in accordance with Public Contract Code Section 9203.
Pursuant to Public Contract Code Section 22300, the Contractor may elect, in lieu of having
progress payments retained by CITY, to deposit in escrow with CITY, or with a bank
acceptable to CITY, securities eligible for investment under Government Code Section
16430, bank or savings and loan certificates of deposit, interest bearing demand deposit
accounts, standby letters of credit, or any other security mutually agreed to by the
Contractor and CITY. If the Contractor elects to submit securities in lieu of having progress
payments retained by CITY, the Contractor shall, at the request of any subcontractor
performing more than 5% of the Contractor's total bid, make the same option available to
the subcontractor.
Non -Collusion Affidavit. Pursuant to Public Contract Code section 7106, Contractor shall execute
a Non -Collusion Affidavit, in a form provided by CITY, which is attached and incorporated
herein.
Assignment of Claims. In entering into a public works contractor a subcontract to supply goods,
services, or materials pursuant to a public works contract, the Contractor or subcontractor
offers and agrees to assign to the awarding body all rights, title, and interest in and to all
causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or
under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division
7 of the Business and Professions Code), arising from purchases of goods, services, or
materials pursuant to the public works contract or the subcontract. This assignment shall be
made and become effective at the time the awarding body tenders final payment to the
Contractor, without further acknowledgement by the parties.
Third -Party Claims.
A. Pursuant to Public Contracts Code Section 9201, CITY shall have full authority to
compromise or otherwise settle any claim relating to the Contract at any time.
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B. CITY shall provide for timely notification to the Contractor of the receipt of any third -
party claim, relating to the contract. Notice shall be in writing and will be provided
within thirty (30) days.
C. CITY shall be entitled to recover its reasonable costs incurred in providing the
notification required by subdivision (b).
Claims Procedures.
The claims provisions of California Public Contract Code sections 20104-20104.6 shall
apply, which provisions are summarized below. Any claim submitted by the Contractor
shall be in writing and include the documents necessary to substantiate the claim.
For claims of less than fifty thousand dollars ($50,000), the CITY shall respond in
writing within 45 days of receipt of the claim, or request additional documentation
supporting the claim within 30 days of receipt of the claim. If additional documentation is
requested, CITY will respond in writing to the claim within 15 days of receipt of the
additional documentation, or within a period of time no greater than that taken by the
claimant in producing the additional information, whichever is greater.
For claims of over $50,000 and less than or equal to $375,000, CITY shall respond in
writing within 60 days of receipt of the claim, or request additional documentation
supporting the claim within 30 days of receipt of the claim. If additional documentation is
requested, CITY will respond in writing to the claim within 30 days of receipt of the
additional documentation, or within a period of time no greater than that taken by the
claimant in producing the additional information, whichever is greater.
For claims over $375,000, CITY shall respond in writing within 90 days of receipt of the
claim, or request additional documentation supporting the claim within 45 days of receipt
of the claim. If additional documentation is requested, CITY will respond in writing to the
claim within 30 days of the additional documentation, or within a period of time no greater
than that taken by the claimant in providing the additional information, whichever is
greater.
For claims of any amount, if the Contractor disputes the CITY's response, or the CITY
fails to respond within the time prescribed, the Contractor may demand an informal
conference to meet and confer for settlement of the issues in dispute within 15 days of
the CITY's response or failure to respond. In the event that the meet and confer
conference is unsuccessful, Contractor must file a government claim pursuant to
Government Code section 910 et seq. in order to initiate a civil action. In any civil action
filed to resolve claims for $375,000 or less, the court shall submit the matter to
nonbinding mediation within 60 days following the filing or responsive pleading. If the
matter remains in dispute after nonbinding mediation, the court shall submit the matter to
judicial arbitration pursuant to Code of Civil Procedure section 1141.10 et seq. If the
matter remains in dispute after judicial arbitration, the CITY or the Contractor may
request a trial de novo.
Utility Relocation. Pursuant to California Government Code Section 4215, if during the course of
the work the Contractor encounters utility installations which are not shown or indicated in
the contract plans or in the specifications or which are found in a location substantially
different from that shown, and such utilities are not reasonably apparent from visual
examination of the work site, then it shall promptly notify CITY in writing. Where necessary
for the work of the Contract, CITY will amend the contract to adjust the scope of work and
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the compensation to allow the Contractor to make such adjustment, rearrangement, repair,
removal, alteration, or special handling of such utility, including repair of the damaged utility.
If the Contractor fails to give the notice specified above and thereafter acts without
instructions from CITY, then it shall be liable for any or all damage to such utilities or other
work of the Contract which arises from its operations subsequent to the discovery, and it
shall repair and make good such damage at its own cost.
Excavation. In accordance with state law (Public Contract Code Section 7104), with respect to
any work involving digging trenches or excavations that extend deeper than four feet, the
Contractor shall notify CITY promptly in writing of any of the following conditions: (a)
material that the Contractor believes may be hazardous waste, as defined in California
Health and Safety Code Section 25117, that is required to be removed to a Class I, Class II
or Class III disposal site in accordance with provisions of existing law; (b) subsurface or
latent physical conditions at the site differing from those indicated; (c) unknown physical
conditions at the site of any unusual nature, differing materially from those ordinarily
encountered and generally recognized as inherent in work of the character provided for in
the Contract Documents. Contractor shall notify CITY of such conditions prior to disturbing
them, and shall await direction from CITY as to how to proceed.
Trench Safety. For all contracts over $25,000, excavation for any trench 5 feet or more in depth
shall not begin until the Contractor has received approval from CITY, of the Contractor's
detailed plan for worker protection from the hazards of caving ground during the excavation
of such trench. Such plan shall be submitted at feast 5 days before the Contractor intends
to begin excavation for the trench and shall show the details of the design of shoring,
bracing, sloping or other provisions to be made for worker protection during such
excavation. No such plan shall allow the use of shoring, sloping or a protective system less
effective than that required by the Construction Safety Orders of the Division of Industrial
Safety; and if such plan varies from the shoring system standards established by the
Construction Safety Orders, the plan shall be prepared and signed by an engineer who is
registered as a Civil or Structural Engineer in the State of California. Attention is directed to
the provisions of Section 6705 of the Labor Code concerning trench excavation safety
plans.
Payment Bond. For all contracts over $25,000, the successful Bidder shall provide a payment
bond in the amount equal to one hundred percent (100%) of the Total Contract Price and
issued by a California admitted surety. The payment bond shall provide CITY with security
for Contractor's full payment to all subcontractors for costs of materials, equipment,
supplies, and labor furnished in the course of the performance of the Contract. Full
compensation for furnishing the payment bond is included in the Total Contract Price.
Contractor's License Requirements. Contractor and any approved subcontractors shall hold
such current and valid Contractor's Licenses as required by California Law.
Labor Code Requirements. In the performance of this Contract, Contractor's attention is directed
to the following requirements of the Labor Code:
Hours of Labor. Eight hours labor constitutes a legal day's work. Contractor shall forfeit, as
penalty to CITY, $25 for each worker employed in the performance of the Contract
by Contractor or by any subcontractor under it for each calendar day during which
such worker is required or permitted to work more than eight hours in any one day
and 40 hours in any one calendar week in violation of the provisions of the California
Labor Code and in particular, Sections 1810 to 1815, inclusive. Work performed by
employees of the Contractor in excess of eight hours per day and 40 hours during
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any one week shall be permitted upon compensation for all hours worked in excess
of eight hours per day at not less than one -and -one-half times the basic rate of pay,
as provided in Section 1815.
Prevailing Wages. Contractor shall comply with California Labor Code Sections 1770 to
1780, inclusive. In accordance with Section 1775, the Contractor shall forfeit as a
penalty to CITY an amount as determined by the Labor Commissioner not to exceed
$50 for each calendar day or portion thereof for each worker paid less than
stipulated prevailing wage rates for such work or craft in which such worker is
employed for any work done under the contract by him or by any subcontractor
under it in violation of the revisions of the Labor Code and in particular, Labor Code
Sections 1770 to 1780, inclusive. In addition to said penalty and pursuant to Section
1775, the difference between such stipulated prevailing wage rates and the amount
paid to each worker for each calendar day or portion thereof for which each worker
was paid less than the stipulated prevailing wage rate shall.be paid to each worker
by Contractor. Pursuant to the provisions of Section 1773 of the Labor Code, CITY
has obtained the general prevailing rate of per diem wages and the general
prevailing rate for holiday and overtime work applicable to the work to be done from
the Director of the Department of Industrial Relations. Copies of the prevailing wage
rates are on file at CITY and are available for review upon request.
Payroll Records. The Contractor's attention is directed to the following provisions of Labor
Code Section 1776. The Contractor shall be responsible for the compliance with
these provisions by his subcontractors.
Each contractor and subcontractor shall keep an accurate payroll record, showing
the name, address, social security number, work classification, straight time
and overtime hours worked each day and week, and the actual per diem
wages paid to each journeyman, apprentice, worker, or other employee
employed by him or her in connection with the public work.
The payroll records enumerated under subdivision (a) shall be certified and shall be
available for inspection at all reasonable hours at the principal office of the
Contractor on the following basis:
A certified copy of an employee's payroll record shall be made available for
inspection or furnished to such employee or his or her authorized
representative on request.
A certified copy of all payroll records enumerated in subdivision (a) shall be
made available for inspection or furnished upon request to CITY, the
Division of Labor Standards Enforcement and the Division of
Apprenticeship Standards of the Department of Industrial Relations.
A certified copy of all payroll records enumerated in subdivision (a) shall be
made available upon request to the public for inspection or copies
thereof made; provided, however, that a request by the public shall
be made through either CITY, the Division of Apprenticeship
Standards or the Division of Labor Standards Enforcement. If the
requested payroll records have not been provided pursuant to
paragraph (2), the requesting party shall, prior to being provided the
records, reimburse the costs of preparation by the Contractor,
subcontractor and the entity through which the request was made.
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The public shall not be given access to such records at the principal
office of the Contractor.
The certified payroll records shall be on forms provided by the Division of Labor
Standards Enforcement or shall contain the same information as the forms
provided by the Division.
The Contractor shall file a certified copy of the records enumerated in subdivision
(a) with the entity that requested such records within ten (10) days after
receipt of a written request.
Any copy of records made available for inspection as copies and furnished upon
request to the public or CITY, the Division of Apprenticeship Standards or
the Division of Labor Standards Enforcement shall be marked or obliterated
in such a manner as to prevent disclosure of an individual's name, address
and social security number. The name and address of the Contractor shall
not be marked or obliterated.
The Contractor shall inform CITY of the location of records enumerated under
subdivision (a), including the street address, city and county, and shall,
within five working days, provide a notice of a change of location and
address.
In the event of noncompliance with the requirements of this Section, the Contractor
shall have ten (10) days in which to comply subsequent to receipt of written
notice specifying in what respects such contractor must comply with this
Section. Should noncompliance still be evident after such 10 -day period, the
Contractor shall, as a penalty the State or CITY, forfeit Twenty-five Dollars
($25) for each calendar day, or portion thereof, for each worker, until strict
compliance is effectuated. Upon the request of the Division of
Apprenticeship Standards or the Division of Labor Standards Enforcement,
such penalties shall be withheld from progress payments then due. The
penalties specified in subdivision (g) of Labor Code Section 1776 for
noncompliance with the provisions of said Section 1776 may be deducted
from any monies due or which may become due to the Contractor.
The Contractor and each subcontractor shall preserve their payroll records for a
period of three (3) years from the date of completion of the Contract.
Labor Non-discrimination. Attention is directed to Section 1735 of the Labor Code which
provides that Contractor shall not discriminate against any employee or applicant for
employment because of race or color, religion, physical or mental disability, national
origin or ancestry, medical condition, marital status or sex of such persons, except
as provided in Section 12940 of the Government Code. Contractor further agrees to
include a similar provision in all subcontracts, except subcontracts for standard
commercial supplies or raw materials.
Apprentices. The Contractor and all subcontractors shall comply with the requirements of
California Labor Code sections 1777.5, 1777.6 and 1777.7 regarding the
employment and of apprentices.
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Payment of Workers Compensation.
Each Contractor to whom a public works contract is awarded shall sign and file with CITY
the following certification, provided with the Bid Forms, prior to performing the work of the
contract:
"I am aware of the provisions of Section 3700 of the Labor Code which requires every
employer to be insured against liability for workers' compensation or to undertake self-
insurance in accordance with the provisions of that code, and I will comply with such
provisions before commencing the performance of the work of this Contract."
Examination and Audit of Records (Gov. Code section 8546.7)
Pursuant to Government Code Section 8546.7, Contractor shall retain all project -related
records for a period of 3 years afterfinal payment on this contract, which shall be subject to
audit or inspection by the CITY or the State Auditor during this period.
Notice of Taxable Possessory Interest (Rev. and Taxation Code section 107.6)
In accordance with Revenue and Taxation Code Section 107.6, the Contract Documents
may create a possessory interest subject to personal property taxation for which Trade
Contractor will be responsible.
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PART 2
ATTACHMENT 3
C. SPECIAL PROVISIONS — TECHNICAL SPECIFICATIONS
CONTRACTOR RESPONSIBILITIES - ASPHALT REPAIR, REHABILITATION &
MISCELLANEOUS RIGHT-OF-WAY MAINTENANCE
1-1.1 WORK ASSIGNMENTS
The work to is be performed throughout the City and shall include, but not limited to street
rehabilitation and paving, pothole repair, asphalt patching, sidewalk and gutter flow -line
grinding, asphalt removal, concrete installation and repair work, roadway crack sealing,
roadway sinkhole repair; manhole height adjusting. Contractor shall provide immediate
response to emergencies in the public. right-of-way during working hours and respond to
after-hours and weekend call -outs as needed. In addition to performing on-going
infrastructure maintenance, the Contractor shall service daily maintenance requests as
needed. This is a prevailing wage contract, with applicable laws and regulations to be
followed by Contractor.
1-1.2 LOCATION OF WORK
All work to be performed hereunder is located within the City of Costa Mesa, on various
streets, alleys unimproved rights-of-way and other locations. Costa Mesa has 525 lane miles
of streets, 14 miles of city alleys, 800 miles of curb and gutter, 1165 catch basins and 42
miles of storm drains, 544 miles of sidewalk (2,872,320 linear feet).
1-1.3 MEETINGS
1-1.4 SERVICE LEVEL
1-1.5 REQUIRED DOCUMENTS
1-1.6 DESCRIPTION OF WORK
The Contractor shall provide all labor, supervision, equipment, materials, supplies and
disposal needed for a comprehensive municipal maintenance program, including: street
rehabilitation and paving, pothole repair, asphalt patching, sidewalk and gutter flow line
grinding, asphalt removals, concrete work, crack sealing, sinkhole repair and manhole height
adjusting, weed abatement, storm drain maintenance within the City right-of-way. Some
services will be performed on a daily basis. Contractor shall provide all equipment, labor and
services as may be necessary for completing the work identified in the Scope of Work
Standards.
Safety and Traffic Control: Contractor must provide all personal protective equipment and
appropriate safety apparel, including but not limited to; hearing protection, eye protection,
and reflective vests and breathing equipment, as per OSHA requirements. Traffic safety
vests must be worn by all Contracor's employees at all times while on the job site.
Appropriate warning signs must be placed at each end of the work area during all operations.
Work areas are to be coned off to public access. Vehicles used in the city right of way must
have working amber warning lights and a truck mounted or towed arrow board in operating
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ATTACHMENT 3
order unless otherwise specified. All traffic control devices placed in the public right of way by
Bidder shall be per the 'Work Area Traffic Control Handbook" W.A.T.C.H.
1-1.7 PERSONNEL
The Contractor shall furnish sufficient employees at all times, to complete all work required
under this contract during the regular and prescribed hours.
All such personnel shall be physically able to do their assigned work. The Contractor and its
employees shall conduct themselves in a proper and efficient manner at all times and shall
cause the least possible annoyance to the public. They shall be fully clothed in suitable
company uniforms, with name of company and employee clearly visible. The City may
require the Contractor to remove from the work site any employee(s) deemed careless,
incompetent, or otherwise objectionable, whose continued employment on the job is
considered to be contrary to the best interest of the City. All personnel working on the City
contract must be capable of communicating effectively with City Representative and the
public in English.
1-1.8 SUPERVISION
The Contractor shall assign adequate supervisory personnel to be on site each working day,
working regular working hours, for the duration of this contract. The Contractor and the
supervisor shall have expertise and experience in comprehensive maintenance of a wide
range of municipal facilities, including but not limited to: plant care, irrigation management,
pest control, soils, fertilizers, and plant identification. The supervisors must be fluent in the
English language (written and spoken), and must be able to communicate effectively with
City Representative, the public and subordinate staff.
There shall be regular meetings on site with the Contractor and the City to determine
progress and to establish areas requiring attention to meet specifications. City shall retain
the right to schedule meetings at any frequency.
Licenses and Certifications: All working personnel shall possess the following; Work Zone
Safety, First Responder and Confined Space Entry certifications.
All work will be performed in compliance with the California Storm Water Best Management
Practices. Storm drain perimeters will be blocked so as to prevent polluted water from
entering storm drains. Discharge of any polluted water into storm drains is strictly prohibited.
Contractor shall be responsible for any fines or enforcement action taken by any agency
against the Contractor or City as a result of failure to maintain compliance with all applicable
N.P.D.E.S. or other applicable storm water regulations.
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ATTACHMENT 3
1-1.9 JOB ORDERS
Since job locations cannot be determined at this moment, unit prices shown in the bid
schedule shall be used for each job order. Each job order may include repaving several
streets (Items 1 through 9), or adjusting manholes or patching damaged asphalt at various
locations in the City. For each job order, specific locations throughout the City will be given to
the Contractor by the City Representative or City Representative.
1-1.10 UTILITIES - SPECIAL PROVISIONS
All existing utility access frames and covers, both private and public within the work area,
shall be located and marked with paint on the pavement surface by the Contractor prior to
any work being performed.
Upon completion of the project, the Contractor shall remove all painted utility markings
applied in conjunction with the work, from the surfaces of roadways, sidewalks, driveway
approaches, curbs and gutters using a removal method acceptable to the City
Representative. Any damage to sidewalks, driveway approaches, curbs and gutters due to
the Contractor's removal operation shall be repaired at the Contractor's expense and to the
satisfaction of the City Representative. Payment for removing utility markings shall be
included in other items of work, and no additional compensation will be allowed therefore.
If utility construction work within the area is required during the construction of this project,
the Contractor is directed to cooperate with the utility company(s) and their workers to assure
proper installation of the utilities with a minimum of conflict. Contractor shall contact DigAlert
to ensure that all utility lines are identified and protected during work.
The Contractor shall determine the location and depth of all utilities including service
connections, which may affect or be affected by his/her operation.
1-1.11 WORKING HOURS - SPECIAL PROVISIONS
The Contractor's activities for non -emergency work shall be confined to the following hours:
Between 7:00 a.m. and 5:00 p.m., Monday through Friday, within work areas having either no
lane closures or having continuous lane closures, that is, closures lasting more than one day.
From 9:00 a.m. to 3:00 p.m., Monday through Friday, for work requiring temporary lane
closures (less than one day), and for work at major intersections.
Deviation from these hours/days shall not be permitted without the prior consent of the City
Representative.
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ATTACHMENT 3
1-1.12 PUBLIC CONVENIENCE & SAFETY — SPECIAL PROVISIONS
All street closures and signs used for handling traffic during construction shall be provided by
the Bidder and be in accordance with the'Work Area Traffic Control Handbook" (W.A.T.C.H.)
published'by Building News, Inc., which shall be considered a part of these Special
Provisions. The method in which signs, barriers, and other miscellaneous traffic devices are
used during construction shall be in accordance with the publication mentioned above,
except only standard size signs and flashing arrow signs shall be used on streets consisting
of four or more lanes.
All signs shall be illuminated or reflectorized when they are used during hours of darkness.
All cones, pylons, barricades, or posts used in the diversion of traffic shall be reflectorized.
All signing, barricading and diversion of traffic shall be subject to the approval of the City
Representative. The Contractor shall provide a telephone number at which the Contractor's
representatives can be reached should an emergency require replacement or relocation of
the required traffic devices and for other problems connected to the project.
Prior to the start of construction operations, the Contractor shall notify the Police and Fire
Departments of the City, giving the approximate starting date, completion date, and the name
and telephone number of responsible persons who may be contacted at any hour in the
event of a critical condition requiring immediate correction.
At a minimum of two weeks prior to starting work, the Contractor shall deliver notices
approved by the City to the residences and businesses in the area affected by the
construction. At least 48 hours prior to blocking access to residences or businesses, the
Contractor shall contact the affected parties in person or by written notice to provide
information as to the reason for the closure and the expected duration.
The City at various times and locations temporarily install portable traffic counting equipment
of the type which is activated by vehicles coming on contact with a hose placed in the
roadway. Caution shall be used by the contractor to avoid damaging this equipment. If the
Contractor, while in the performance of his contract duties, damages or causes to be
damaged any of the aforementioned traffic counting equipment or appurtenances, the
Contractor shall bear the entire cost for the restoration, repair, inspection, testing or
replacement of said damaged equipment.
1-1.13 TEMPORARY STEEL PLATE BRIDGING
When backfilling operation of an excavation in the travel way, whether transverse or
longitudinal cannot be properly completed within a work day, steel plate bridging with a non-
skid surface and shoring may be required to preserve unobstructed traffic flow. In such
cases, the following shall apply:
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ATTACHMENT 3
1. Steel plates used for bridging must extend a minimum of twelve (12") inches beyond
the edge of the trench.
2. Steel plate bridging shall be installed to operate with minimum noise.
3. The trench shall be adequate to support the bridging and the traffic load. Contractor
shall be responsible for complying with all state and federal laws regarding shoring.
4. Temporary paving with cold asphalt concrete shall be used to feather the edges of the
plate.
5. Bridging shall be secured against displacement by adjustable cleats, shims, or other
devices.
6. Approaches plate and ending plate (if longitudinal placement) shall be attached to the
roadway by a minimum of two (2) dowels pre -drilled into the comers of the plate and
drilled two (2") inches into the pavement. Subsequent plates are butted to each
others. Fine graded asphalt concrete shall be compacted to form ramps, maximum
slope of 8.5% with a minimum of twelve (12") inches taper to cover all edges of the
steel plates. When steel plates are removed, the dowel holes in the pavement shall be
backfilled with either fines of asphalt concrete mix, concrete slurry or equivalent slurry
satisfactory to the Engineer.
7. The Contractor shall be responsible for maintenance of the steel plates, shoring, and
asphalt concrete ramps.
8. Unless specified, use of steel plate bridging at any given location should not exceed
four (4) consecutive working days in any given week. Backfilling of excavation shall be
covered with a minimum of three (3") inches of temporary layer of cold asphalt
concrete.
The following table shows the required minimal thickness of steel plate bridging for a given
trench width:
Trench Width
Minimum Plate Thickness
1.0 foot
X2 -inch
1.5 foot
% -inch
2.0 foot
7/8 -inch
3.0 foot
1 -inch
4.0 foot
2 -inch
For spans greater than four (4') feet, a structural design for the steel plate bridging shall be
prepared by a registered civil engineer and approved by the Engineer. Steel plate bridging
shall be designed for HS20-44 truck loading per Caltrans Bridge Design Specifications
Manual. The Contractor shall maintain steel plates with a non-skid surface having a minimum
coefficient of friction equivalent to 0.35 as determined by California Test Method 342. The
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ATTACHMENT 3
Contractor may use standard steel plate with known coefficient of friction equal or exceeding
0.35.
A "Steel Plate Ahead" sign (W8-24) with black lettering on an orange background shall be
used in advanced of steel plate bridging. This is to be used along with any other required
construction signing.
Payment for steel plate bridging shall be included in the other items of work involved and no
additional payment will be allowed therefore.
1-1.14 ROCK PRODUCTS
Alternate rock products, asphalt concrete, Portland cement concrete and untreated base
material shall be alternate rock material - Type S per Section 400 of the Standard
Specifications.
1-1.15 RELATIVE COMPACTION TESTS
When required by the Standard Specifications the following test methods shall be used for
determining relative compaction:
1. California Test 216
2. California Test 231
1-1.16 UNCLASSIFIED EXCAVATION — SPECIAL PROVISIONS
1. This Section shall conform to Subsection 300 of the Standard Specifications and
these Special Provisions. Unclassified excavation shall consist of all excavation
including the removal of bituminous pavement and if necessary, sub -grade.
2. Portland Cement Concrete Removal shall consist of removal of Portland cement
concrete pavement; concrete curb, gutter, sidewalk, cross gutter, wheelchair ramp,
and driveway.
3. If any asphalt and or sub -grade, through the neglect of the Contractor, are excavated
below the grade required by the plans or the special provisions, it shall be backfilled to
grade with additional bedding. These excess excavation and bedding shall be at the
Contractor's expense.
4. All removed pavement and excess excavated materials shall be legally recycled or
immediately disposed of off the project site at a legal dumpsite at the Contractor's
expense.
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ATTACHMENT 3
5. Payment for saw cutting of AC pavement shall be paid under the other items of work
involved and no additional compensation will be allowed therefore.
6. No open trench shall be left unattended at any time. All trenches shall be backfilled
and paved or covered with steel traffic plates at the end of each working day.
7. Payment for unclassified fill shall be included in the prices paid for the other items of
work involved, and no additional compensation will be allowed therefore.
1-1.17SUBGRADE PREPARATION
1. Sub -grade preparation shall conform to Section 301-1 of the standard specification
and these special provisions.
2. Section 301-1.3 is modified to require only 90% relative compaction on sub -grade
material.
3. On areas where unsuitable sub -grade materials are encountered, such materials shall
be over excavated and replaced with asphalt concrete, as determined and directed by
the Engineer.
4. Payment for over excavation shall be paid for at the unit bid price for unclassified
excavation. Payment for asphalt concrete used will be paid for at the unit bid price for
AC pavement.
5. Placement of asphalt concrete in over excavated areas shall be done with minimum
disturbance to the sub -grade. Compacting shall be done with light rolling a steel wheel
roller with compaction requirement waived. Asphalt concrete shall be placed in lifts not
exceeding 4 inches in compacted thickness and shall be allowed to cool for 24 hours
before placing the next lift.
1-1.18 ASPHALT CONCRETE — SPECIAL PROVISIONS
Course aggregate shall consist of material, which at least 75% by weight shall be crushed
particles in lieu of the requirements of Subsection 400-2.3. A tack coat is required and the
cost thereof shall be included in the price paid per ton for asphalt concrete.
The required asphalt concrete mix design shall be as follows:
Base Course Surface Course - III -133 -AR -4000, 111 C3 -AR -4000
Leveling Course - III F3 -AR -4000
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ATTACHMENT 3
The top layer of asphalt concrete pavement shall not exceed 0.20' in compacted thickness.
The Contractor shall construct temporary asphalt concrete ramping with a slope of 1:1 if all
the following occur.
Clearance between travel lane and open excavation is less than five (5) feet.
Excavation depth is six (6) inches or deeper, and
If open excavation will last for more than 48 hours.
Payment for the construction and removal of temporary asphalt concrete shall be included in
the bid item price for AC pavement.
1-1.19 PORTLAND CEMENT CONCRETE
Portland Cement Concrete shall conform to the requirements of Section 2.05 of these
Specifications, Section 302-6 of the Standard Specifications, Standard Plan No. 120SC, and
these Special Provisions.
1-1.20 ADJUSTMENT OF SURFACE UTILITIES TO GRADE
General
City owned utility frames and covers for survey monuments and manholes within the area to
be paved or graded, shall be set to finish grade by Contractor after construction of new
asphalt concrete pavement.
All other utility frames and covers shall be set to finish grade by the respective utility
company. Manholes and other structures in Asphalt Concrete pavement shall be set to finish
grade in accordance with the provisions of subsection 302-5.8 of the Standard Specifications.
City Manholes
City utility manhole frames and covers shall be adjusted to grade with a PCC collar in
accordance with the respective Standard Plans.
Payment for adjusting water manhole frames and covers to grade shall be per the contract
unit price for the respective items. It shall include all material, labor, equipment, incidentals
required to complete the work and no additional compensation will be allowed.
1-1.21 CRACK SEALING
Crack sealant shall be Crafco Polyflex Type 3 or similar. Prior to sealing, any weeds growing
from the cracks shall be removed and an herbicide applied.
Cracks ranging in width from 1/8" to 1" shall be air -blown out to a depth of 2" prior to sealing.
Cracks ranging between 1" and above shall be cleaned to a depth of 3" and then filled flush
with 3/8" rock asphalt or sheet mix (sand and oil), then rolled.
1-1.22 TEMPORARY TRAFFIC STRIPING & PAVEMENT MARKINGS
The Contractor shall install temporary traffic striping or markers on any un -striped lanes prior
to opening them up to traffic. Temporary striping can be per City of Costa Mesa Standard
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Plan No. 1125 B (without rpm's), or by installing reflector chip seal markers (single for 4" line,
double for 8" line) at 24 feet on center for continuous line and 48 feet on center for skip line.
Payment for temporary traffic striping and pavement markers shall be included in the bid item
price for AC pavement.
1-1.23 EMERGENCY CALL -OUT
This item of work will be used in emergency situations as directed by the City Representative
or other authorized City Representative(s) and will require the Contractor to respond within 1
hour. An example of this would be major pavement failure due to a sink hole, sudden asphalt
deterioration due to rain, large pothole or other defect that requires an immediate response.
1-1.24ASPHALT CONCRETE FOR UTILITY PATCHES
This work will consist of constructing asphalt concrete to repair pavement defects over
sunken or damaged trench lines or other trenching and general asphalt repair as assigned by
the City Representative through a job order request. The size of the repairs will vary from a
small patch of approximately 12 square feet to a larger area of over 800 square feet.
Contractor shall begin work on each job order within 24 hours of notification and shall
diligently pursue the work to completion.
The AC pavement replacement for each street shall consist of an AC base course and a 1.5"
thick AC surface course. The total pavement section for each local street shall be 6" thick
deep lift AC including base course and surface course. The total pavement section for arterial
streets shall be 12" thick AC.
The required AC mix designs shall be as follows:
Base Course 111 -B3 -AR -4000
Overlay/Surface Course III -C3 -AR -4000
All areas for reconstruction, leveling and skin patching shall be marked in the field by the
City Representative.
1-1.25 COLD MILL AND ASPHALT CONCRETE OVERLAY
General:
Asphalt concrete shall conform to latest edition of the Standard Specifications for Public
Works Construction and as modified herein.
Scope of Work for Street Paving:
Contractor shall provide adequate personnel, trucks, material and all necessary equipment
and tools to perform residential street paving including all associated traffic control devices.
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Work shall include but not limited to the overlaying with asphalt of approximately 15
residential streets. Average street size is approximately 31,000 square feet in area; size will
vary by street. Work shall include but not be limited to: removal and replacement of damaged
asphalt, crack sealing, cold milling, installing a leveling course, and a full width asphalt
overlay. Thickness of the leveling course and final overlay will be determined by the City
Representative, but is typically between 1" and 2". Job orders for the described work will be
issued by the City Representative. Contrator shall follow an approved haul route to and from
the job site. Any damage to the surrounding streets such as rutting, upheavals, cracking or
any other damage deemed to be the result of not properly following the established haul
route will be the responsibility of the Contractor to repair. Many residential streets in Costa
Mesa have poor sub -grade and can be damaged easily from heavy equipment, including the
streets assigned forwork. The Contractor should take this into consideration when proposing
on this project. Additionally, the Contractor shall have the means and ability to remove and
replace with approved base material or treat and stabilize the sub -grade of the any damaged
area whether in the scope of his/her work or due to the Contractor's operation. All sub -grade
preparation will conform to Section 301-1 of the latest edition of the Standard Specifications
for Public Works Construction standard and will be completed before continuation of the
work.
Should detectable damage occur to any street due to Contractor and/or the Contractor's
Subcontractor or affiliates due to the Contractor's equipment or actions it will be the
Contractor's responsibility to repair the aforementioned damage at his/her expense.
Specifications for Street Paving:
Equipment Requirements for Type "D" Asphalt Concrete Paving and Leveling (Paving
Machine)
The requirements of this section specifically apply to the bid item of work for the Type "D"
(paving machine) for the 15 residential streets annually determined by the City Engineer.
The Bidder shall utilize a small paver with a maximum hopper capacity of six (6) tons. The
cold milling machine shall have a maximum operating weight of 45,000 lbs. The largest truck
used for the transporting of asphalt concrete shall have at least ten wheels with a capacity of
no more than twelve (12) cubic yards.
Sub -grade preparation shall conform to Section 301-1 of the latest edition of the Standard
Specifications for Public Works Construction. Asphalt Street damaged on site or on the
surrounding streets due to Contractor's equipment or actions will be repaired at Contractor's
expense and conform to these listed standards.
AC surface course shall be Type I I I -C3 -PG 64-10 (1/2" sieve size fine), AC base course shall
be Type III -B2 -PG 64-10 (3/4" sieve size), AC skin patch course shall be Type III -D -PG 64-
10, and the Asphalt Rubber Hot Mix shall be ARHM-GG-C-PG 64-16.
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Finished surface of the new pavement at the edge of gutter shall be:
• 3/8" higher than edge of gutter for streets without bike lanes
• Flush with edge of gutter for streets with bike lanes
The Contractor shall be responsible for maintaining location of and access to, all water
valves and manholes during construction.
Prior to placing asphalt concrete, all existing surfaces shall be cleaned by blowing air,,
washing with water and/or broom sweeping. All striping and markings shall be removed by
grinding or by other approved method prior placing asphalt concrete surface course, and skin
patching. The surface shall be free of water, dust and all foreign materials prior to the
application of tack coat.
Asphalt concrete shall be compacted to achieve at least 95 percent of the relative
compaction.
The Contractor is not allowed to drive his/her fully loaded trucks on the new asphalt concrete
mat.
Tack Coat:
Tack coat shall be per Section 302 of the latest edition of the Standard Plans for Public
Works Construction.
Rolling:
Pneumatic rollers shall not be used without prior approval of the City Representative. The top
layer of each lane, once rolling has commenced, shall be rolled without interruption. The
Bidder shall roll the newly laid asphalt concrete in such a manner that will not create a joint
between two passes; with no variations at joints.
At all locations where new asphalt concrete pavement is joining or overlaying existing asphalt
pavement, the Bidder shall provide straight neat lines and transition the last twenty (20) feet
of new pavement to form a smooth transition with the existing pavement.
1-2.1 SCOPE OF WORK FOR POTHOLE PATCHING
The Contractor shall provide daily, an asphalt patching crew, truck, material and all
necessary equipment to perform such work. Work shall include but not be limited to the daily
filling of potholes, small skin patches, asphalt sidewalk ramps etc. During rain or other
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instances such as asphalt plant breakdowns, where appropriate hot asphalt material is
unavailable, the Contractor shall use an approved `cold' bagged asphalt material in
performance of the work, to insure no interruption in the daily patching schedule. Job orders
for the described work will be issued daily or weekly at the City Representatives discretion.
Documentation of all repaired locations shall be maintained by the Contractor in a form
approved by the City, with information provided to the City on a weekly basis.
1-2.2 POTHOLE PATCHING SPECIFICATIONS
Contractor is required to sweep, remove and dispose of any debris within the perimeter of the
pothole. If the area is wet, the pothole and or damaged area shall be dried prior to patching.
A tack coat of approved emulsion shall be applied to the area and allowed to dry before
material is introduced. Material shall be compacted to a rate of 95% using a motorized
compactor plate or equivalent. Contractor is required to clean any debris that result in work
being performed.
Special Equipment:
Contractor shall provide a sealed bed truck capable of maintaining the original temperature of
the asphalt from the plant for a minimum of eight (8) hours. The truck shall be able to carry
the equipment necessary including the emulsion and compactor plate that is required for
street patching. Carrying capacity of the patch truck shall be at least four (4) tons of asphalt,
but shall not exceed eight (8) tons. Truck shall have rotating lights overhead safety warning
lights and an attached arrow board that meets Cal OSHA and Cal Trans standards.
1-3.1 SCOPE OF WORK - STANDARDS FOR SIDEWALK AND GUTTER
GRINDING/ASPHALT RAMPING
The City of Costa Mesa is divided into thirty-one (31) designated maintenance areas.
Contractor will be assigned sidewalk and gutter grinding and/or asphalt ramping work on a
"per area" basis. Work is to begin within seven (7) days of assignment, with each assigned
area to be completed within thirty (30) days of the work commencing. If Contractor is not
able to complete the assigned work within the specified time, the City shall reserve the right
to utilize a secondary Contractor.
In addition to the sidewalk grinding by maintenance area, the Contractor shall within 24 hours
of notification have the ability to respond and provide grinding service per contract
specifications at various locations throughout the City of Costa Mesa. Individual grinding
locations will be assigned by a separate job order issued by the City Representative.
Except for hand-held grinders, all grinding machines shall be equipped with an effective
vacuum dust control system. At no time shall water be used as a dust control agent.
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All grinding operations will be performed only on City sidewalks and gutters. No private
property shall be affected. Damage caused to public or private improvements by the
Contractor's operations shall be repaired or replaced at the City's direction to the satisfaction
of the City's Representative, at no cost to the City.
Sidewalk and gutter grinding will be performed in compliance with the California Storm Water
Best Management Practices for saw -cutting and/or grinding surfaces (January 2003). Storm
drain perimeters will be blocked so as to prevent polluted water from entering storm drains.
Discharge of any polluted water into storm drains is strictly prohibited.
1-3.2 SIDEWALK GRINDING SPECIFICATIONS
Sidewalk Grinding: Uneven sidewalks in relation to other sidewalks, curbs, aprons and utility
covers are to be ground.
All sidewalk grinding locations shall be ground so as to provide a smooth transition between
concrete slabs. Sidewalk grinding shall be performed so as to provide complete trip hazard
abatement for the full width of the sidewalk. Vertical offsets from one-half inch (3/8") up to
two inches (2") will require grinding. The minimum taper width should be six inches (6").
Offsets shall be ground so as to produce a finished product that is a non-skid surface and
free of rough or sharp edges.
Contractor agrees to immediately contact and alert the City Representative of all sidewalk
locations with vertical offsets exceeding two (2") inches.
Grinding residue shall not be left on sidewalk or in nearby parkway areas. All grinding
residue shall be the property of the Contractor and is to be removed and disposed of by the
Bidder in a manner prescribed by law. Contractor is required to sweep, remove and dispose
of any debris resulting from grinding operations; with acute care being given to locate and
remove visible fragments from lawn areas where they might pose a hazard to the public
during grass cutting operations.
Gutter Flow Line Drilling -Grinding: To relieve standing water conditions at gutter/curb
displacements and/or vertical offsets.
The gutter flow line drilling -grinding shall be performed using a Flowline II (2) or equivalent
piece of equipment capable of grinding a flow channel two (2") inches wide and up to four
(4") inches deep, flush with the curb's vertical face. The equipment must be capable of
operating with no water usage. At no time shall water be used as either a dust control agent
or a residue management agent by washing grinding residue into storm drains.
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1-3.3 SPECIFICATIONS FOR SIDEWALK RAMPING WITH ASPHALT
All sidewalk lifts / displacements of 2" or greater require an asphalt ramp. The ramp will be
constructed with class 'T' asphalt material and compacted to a rate of 95%. The asphalt ramp
will extend perpendicular from the displacement at a rate of 12" per V2" in rise. Locations are
to be determined as needed by the City Representative and issued through a job order.
Contractor is required to clean any debris that results from work being performed.
1-3.4 RECORD KEEPING
The Contractor shall submit to the City Representative weekly, a list of all locations
completed the prior week in a format to be determined by City. The list shall include the
specific addresses or locations where work has taken place; locations found to require an
asphalt ramp, its cause, such as tree roots, settling etc. and its disposition; nature and
quantity of work performed. The Contractor shall use forms/electronic format approved by
the City.
1-4 PAYMENT
Payment for all of the preceding, including existing road surface and sub -grade preparation,
excavation for Bid Items Nos. 1-9, 2" cold milling for Bid Item No. 2, and trucking and paving
equipment requirements, shall be included in the unit price bid per ton. Payment shall
include full compensation for furnishing all labor, materials, tools, equipment, saw cutting,
transition, hauling, spreading, compacting, grading, furnishing asphalt concrete, disposal and
incidentals for doing all the work as required. No additional compensation will be allowed.
Note: The bid item for the Removal and Replacement of Asphalt Concrete next to the curb
and gutter being reconstructed shall not include the one foot slot patch next to the curb and
gutter or the three foot slot patch next to the cross gutter and spandrel. This bid item of work
is for reconstruction requirements beyond the one foot and three foot limits, necessary to
reduce the roadway cross fall or to reconstruct failed areas adjacent to the slot patches.
Note: The payment for the one foot slot patch shall be included within the unit price for curb
and gutter and the payment for the three foot slot patch shall be included within the unit price
for cross gutter and spandrel.
Temporary asphalt concrete work where required by the Engineer for traffic control or other
purposes shall be considered included in the price bid for the various items of work.
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2-1 STORM DRAIN MAINTENANCE - DESCRIPTION OF WORK
The work is to be performed on storm drains, catch basins, culverts, clarifiers, under -
sidewalk drains and other storm water conveyance devices at various locations throughout
the City and shall include, but not be limited to bi-annual cleaning, removal of debris, repair of
storm drain and catch basin grates and environmental screens. Additionally, work shall
include data gathering, compilation and storage to meet applicable laws, regulations and
ordinances.
2-1.1 LOCATION OF WORK
All work to be performed hereunder is located within the City of Costa Mesa at various
locations to be determined by the City Representative.
2-1.2 SCOPE OF WORK - STANDARDS AND SPECIFICATIONS
The Contractor shall provide all labor, supervision, equipment, materials and supplies
needed for cleaning; removal of debris; repair of storm drain and catch basin grates and
environmental screens as designated and/or required by the City of Costa Mesa. Contractor
is to provide all equipment, labor and'services as may be necessary for completing the work
identified in the Scope of Work Standards.
Working hours shall be between 8:00 a.m. and 4:00 p.m. Monday thru Friday on non -arterial
streets. Working hours on arterial streets shall be between 8:30 a.m. and 4:00 p.m. Monday
thru Friday.
Safety and Traffic Control: Contractor must provide all safety apparel, such as reflective
vests and breathing equipment, as per OSHA requirements. Traffic safety vests must be
worn by all Contractor employees at all times while on the job site. "Sidewalk Closed" and/or
other appropriate warning signs must be placed at each end of the work area during all
operations. Work areas are to be coned off to public access.
Equipment / Equipment Capabilities:
Vacuum truck or equivalent
Confined space entry and environmental monitoring safety equipment
Certificates
Contractor's personnel assigned to the work in this section shall possess valid Confined
Space Entry Certification, First Responder -Operational Certification, IMSA Work Zone Safety
Certification and a valid State of California Class "B" drivers' license with `tanker'
endorsement.
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Specifications
The City's storm drain system includes 1195 catch basins and various drain inlets and
culverts. The majority of the City's catch basins and curb opening catch basins range from 4
feet to 21 feet in width. Most catch basins contain a square or circular manhole cover on the
surface for maintenance access. All current National Pollutant Discharge Elimination System
(N.P.D.E.S.) guidelines for best management practices (BMP's) shall be followed when
performing the maintenance requirements of this specification. The City is subject to Order
R8-2009-0030, Section II (A)(4), which provides in part:
The co -permittees (City) shall be responsible for the management of storm drain systems
within their jurisdictions and shall:
Conduct storm drain system inspections and maintenance in accordance with the criteria
developed by the principal permittees. (See the following)
Section 5.4.3.3 of the Drainage Area Management Program:
All drainage facilities are categorized as high priority. These facilities will receive annual
inspection and maintenance once per year prior to the wet season (between May 1 and
September 30), and as often as necessary throughout the wet season.
• Typically after every storm drainage facilities should be inspected and cleaned as
necessary.
The Maintenance Objective for the existing City catch basins is to clean all catch basins to
ensure proper functioning in a safe and hydraulically efficient manner and to minimize the
entry of litter, debris, toxic or hazardous substances into the storm water system.
The inside of all catch basins shall be inspected and cleaned at least twice every year: The
first cleaning shall be completed by September 30th, just prior to the onset of the winter storm
season (October 15th) per N.P.D.E.S. requirements. Additionally, catch basins where there is
a known problem with debris accumulation, where excessive odor often occurs, or where
illegal dumping may have taken place shall be cleaned per separatejob order a second time
each year. Contractor shall remove debris from any catch basins or drain inlet on an as -
needed basis, whenever excessive debris is visible or discovered by City staff.
Cleaning shall follow a route supplied by the City Representative. Manhole covers shall be
opened, large objects removed, and a vacuum truck utilized to vacuum out all debris. Sand
and silt on the bottom of the catch basin shall be removed. Connecting lines are to be flushed
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and the debris vacuumed up at the next down stream catch basin. If entry is required, all
applicable safety procedures for confined spaces shall be followed.
During the storm season, specific catch basins in areas prone to flooding, shall be checked
prior to and during storms to insure unobstructed flow of storm water run-off. Debris shall be
removed from catch basins and curb openings as necessary to ensure optimum flow of storm
water. Debris removed from the catch basin or environmental screens covering the basin
shall be disposed of properly, in legal manner. Contractor shall supply and pay for all water
that is used in performance of this contract.
Emergency Spill Response:
Contractor shall provide vacuum truck and personnel capable of responding to a variety of
hazardous and non -hazardous spills in the City right-of-way, within 1 hour of request, 24
hours a day, seven days a week including holidays.
Documentation and Record Keeping:
The Contractor shall submit to the City Representative weekly, a list of all locations
completed the prior week in a format to be determined by City. The list shall include the
specific addresses or locations where work has taken place; locations found to require
additional work; nature of work performed; quantity of debris removed. The Contractor shall
use forms/electronic format approved by the City.
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3-1 DEBRIS PICKUP & EMERGENCY RESPONSE
3-1.1 DESCRIPTION OF WORK
The work is to be performed throughout the City and shall include, but not be limited to daily
pick up, removal and disposal of large and small commercial and residential generated
debris, appliances, a -waste and shopping carts. Contractor shall clean up and properly
dispose of small to medium size hazardous and nonhazardous spills that occur throughout
the City. The Contractor shall have the capabilities and equipment to repair and maintain
minor facilities within the City right of way. Contractor shall be able to respond to a variety of
after hours and week end call outs and provide a crew for support when needed and service
daily maintenance requests and perform minor utility repair and construction: Contractor
shall respond to emergency power outages, localized flooding or other City emergency in the
public right of way and provide portable stop signs or other warning signs as appropriate.
3-1.2 SCOPE OF WORK - STANDARDS AND SPECIFICATIONS
The Contractor shall provide all labor, supervision, equipment; materials and supplies
needed for the removal of debris, small hazardous spill clean-ups, abandoned shopping cart
disposal, after hour call -outs and have the capability to repair and/or maintain minor facilities
within the City's right of way on a daily basis. Contractor is to provide all equipment, labor
and services as may be necessary for completing the work identified in the Scope of Work
Standards.
Safety and Traffic Control: Bidder must provide all safety apparel, such as reflective
vests and breathing equipment, as per OSHA requirements. Traffic safety vests must be
worn by all Contractor employees at all times while on the job site. Appropriate warning
signs must be placed at each end of the work area during all operations. Work areas are
to be coned off to public access. Vehicles used in the city right of way must have working
amber warning lights and a truck mounted or towed arrow board in operating order.
Contractor shall have an inventory of the following signs available for City of Costa Mesa
call outs.
40 Street Flooded signs mounted on type 2 fold out barricades.
40 portable Stop Signs mounted on self standing barricades
5 Road Closed
5 Lane Closed Ahead
5 Detour
Contractor shall submit with his bid a detailed comprehensive emergency management
disaster plan as it would pertain to a Public works response, which addresses but is not
limited to the following areas: planning, training, record keeping, logistics, heavy equipment
inventory, response time, traffic control inventory, traffic routing plan and large spill
containment plan. Contractor shall have available at all times within the City of Costa Mesa's
limits, the equipment, manpower and posses the training necessary to assist the City of
Costa Mesa emergency operations in the advent a natural or man made disaster.
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Contractor shall have current O.E.S., F.E.M.A., E.O.C. and N.I.M.S. training. Contractor must
include a detailed incident communications plan and have the ability to communicate
effectively to all responding agencies prior to and during a disaster emergency.
Licenses and Certifications: Contractor's personnel assigned to the work in this section shall
possess valid Confined Space Entry Certification, First Responder -Operational Certification,
IMSA Work Zone Safety Certification.
All work will be performed in compliance with the California Storm Water Best Management
Practices. Storm drain perimeters will be blocked so as to prevent polluted water from
entering storm drains. Discharge of any polluted water into storm drains is strictly prohibited
3-1.3 SPECIFICATIONS
Debris Removal: Removal of commercial and residential generated debris and any
discarded items in the city right of way or as requested by the City Representative. The
Contractor shall pickup and dispose of furniture, tires and other large and small items or
debris that are found during daily inspections of the city's streets, alleys and rights-of-way or
by issued job order. All debris shall be collected, stored and recycled or disposed of in a legal
manner.
Electronic Waste (e -waste): The Contractor shall pickup, store and dispose of a -waste that
is found during daily inspections of the City's streets, alleys and rights-of-way or by issued
job order. E -waste shall include but not limited to: televisions, computers, computer monitors,
microwave ovens etc. All e -waste shall be collected, stored and recycled or disposed of in
legal manner.
Spill Response:
Small/Medium Spills: All personnel involved in spill response shall be certified as a First
Responder- Operational under Federal Regulations regarding Hazardous Waste Operations
and Emergency Response: 29 CFR 1910.120.
Response time to the location of small/medium spills shall be within 30 minutes of
notification.
Small spills:
Include hydrocarbon spills of ten (10) gallons or less, such as gasoline, diesel, motor oil,
kerosene, or other fluids such as anti -freeze, etc.
Absorbent material utilized for the removal of spilled liquids in the public right-of-way must be
placed in a sealed container, appropriately labeled and taken to the City's designated
hazardous -material storage location during normal business hours for disposal by a licensed
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disposal company. Location: City Corporation Yard, 2300 Placentia Avenue, Costa Mesa,
CA. The costs for the actual disposal will not be the responsibility of the Contractor.
The Contractor shall have the capability to provide adequate quantities of sand for
containment, block storm drains and assist in traffic control. Materials such as sand and
absorbent that have come in contact with the spill and are greater than 10 gallons must be
removed by a licensed environmental clean up company. If necessary Contract will provide a
street sweeper to assist in clean up. Hazardous materials such as corrosives, poisons,
explosives, highly volatile fuels, or unknown substances, will be the responsibility of the City
of Costa Mesa Fire Department to coordinate a response and facilitate the clean up.
Contractor must notify the City Representative of all hazardous material collected and
maintain all required documentation.
Large Spills:
Larger spills, those of unknown origin, or spills of substances that are inherently dangerous
shall be reported to the City of Costa Mesa Fire Department to coordinate response.
Contractor will provide sand, block storm drains and assist with traffic control as requested.
Large quantities of materials such as sand and absorbent that have been provided by
Contractor, but come in contact with the spill shall be removed by an environmental clean up
company at no cost to the Contractor.
Hazardous Material Team Response:
A spill or release of any quantity of toxic, reactive or unknown type of chemical will require a
response of a Hazardous Material Team from the Joint Powers Authority. Contractor will
immediately contact the City of Costa Mesa Fire Department or `911' Communication Center
when encountering a toxic, reactive or unknown type of chemical.
3-1.5 DISPOSAL POLICY
If a small spill of non -hazardous liquid in the public right-of-way originated from a residence
and not a business, the Contractor may leave the material and absorbent with the property
owner. The property owner should be instructed to take the absorbed material to the
Household Collection Center, 17121 Nichols Street, Huntington Beach, (714)665-6970.
Contractor should ensure that the property owner understands the material is not to be taken
to a regular dump site or placed in the trash. Contractor should explain that persons who
improperly dispose of hazardous material will be subject to prosecution.
If the material is abandoned on City property and the responsible party cannot be located,
the material shall be placed in a sealed container by the Contractor and each container of
absorbed material will be identified with the name of the Company personnel, incident
number, type of material (to the best of the Company Officer's ability), date, location where
the material was found, and any other pertinent information.
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The container(s) of absorbed material shall be taken to the City's designated hazardous
material disposal location in for pick up by a licensed disposal company at the City's
expense.
If the spill is on a business property, the Contractor may leave the material with the business
and advise the owners then to contact a licensed disposal company.
3-1.6 SHOPPING CART RETRIEVAL
The Contractor shall pickup, store and dispose of specified shopping carts (carts) that are
found in the public right-of-way during daily inspections of the City's streets, alleys and rights-
of-way or by issued job order. Carts not in the public right-of-way or on public property shall
not be subject to this specification. Specified carts shall be collected, stored and/or disposed
of in a manner consistent with City guidelines as stated below.
The Contractor shall abide by the following procedure:
When either a job order is issued or a cart is discovered by the Contractor, the Contractor will
examine the cart to see if a `cart retrieval service' is contracted to retrieve that particular
retailer's cart. If the cart's owner has a contracted service, the Contractor shall contact the
appropriate company by telephone to retrieve the cart (see the list below) and leave the cart
as found. If not, the Contractor shall remove the cart from the public right-of-way. The
retrieved cart(s) shall be tagged by the Contractor with City -provided labels as to the location
and date found. The carts with ownership identification will be stored by the Contractor for
thirty (30) days and if not claimed by owner or City Representative, disposed of in a legal
manner. Carts with no ownership information on them shall be removed from the public
property or right-of-way and disposed of in a legal manner after five (5) days, as stated
below.
The number, owner (or unknown), location and time the cart(s) were retrieved, shall be
provided to the City Representative daily, by facsimile or other electronic method.
Within 24 hours of discovery for carts with known ownership the Contractor will notify the
applicable business that the cart has been impounded and how it may be retrieved. The cart
shall be stored for 30 days following notice of the owner of the cart. If the owner wishes to
retrieve the cart(s), he/she must provide proof of ownership and payment of any City
mandated fees prior to the cart(s) being released by the Contractor.
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Retailers with cart retrieval services and which company provides the service:
Hernandez Cart Retrieval
888.233.2278
Kmart
Henry's Market
Target
TJ Maxx
Marukai
Trader Joe's Santa Ana
99 Cent Store
California Shopping Cart Retrieval Corp.
800.252.4613
Albertsons
Ralphs
CVS
Bev Mo
Marshall's
Smart & Final
Grower's Direct
PetSmart
Staples
Stater Brothers
Fresh N Easy
Von's
3-1.17 AFTER HOURS EMERGENCY RESPONSE
Contractor shall respond to a variety of after hours and weekend emergency call -outs and
provide a crew for support when needed. Hours shall be Monday through Friday 5:00 pm to
6:00 am and 24 hours each day on weekends and Holidays. Contractor shall have working
personnel on site within Y2 hour of the call -out.
Work may include, but not be limited to rain and street flooding support, road clearing
operations, debris removal within roadways; removal of debris brought curbside by residents,
large tree limbs, spill clean ups, traffic signal failures, etc. Waste streams may include but not
be limited to municipal solid waste, vegetative debris, demolition debris, white goods and
scrap steel and household hazardous waste. Contractor shall provide necessary lane
closures and traffic support for the incident and shall be responsible for the removal and
proper disposal of items involved in the incident.
Contractor shall be responsible for installing temporary signage for street flooding and traffic
signal outages at the request of the City representative. Contractor shall have the ability to
respond within 1 hour of the call -out and provide this service 24 hours a day, seven days a
week. Placement of flooded signs may be requested prior to storm activity at locations
designated by the City representative. All traffic control devices placed in the public right of
way by Contractor shall be per the 'Work Area Traffic Control Handbook" W.A.T.C.H.
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Lane Closures and Traffic Support: When requested by City Representative, Contractor
shall provide traffic control in emergency and non -emergency situations as requested by the
City Representative or assignee per the following guidelines.
Street closures, detours, signs and barricades used for directing traffic shall conform to the
requirements of latest edition of the "Work Area Traffic Control Handbook" (WATCH), City
Standard Plan 1125F (SP 1125F) and these Special Provisions.
Traffic control plan must be submitted and approved before starting work on any public
street, except for the following temporary closures:
Temporary single lane closure on 4 or 6 -lane arterials can be done per WATCH
handbook with out submitting traffic control plan.
• Temporary two lanes closure on 6 -lane arterials maybe done per WATCH handbook
with out submitting traffic control plan. However, this will require prior approval from
Traffic Engineer.
Temporary closure of Local Street may be done per WATCH handbook without
submitting traffic control plan. However, this will require prior approval from Traffic
Engineer.
Flashing arrow signs shall be used on all streets or where deemed necessary by the City's
Transportation Division. The flashing arrow signs shall be solar powered and left in place for
the duration of the lane closure.
Temporary striping installation for traffic control may be paint or removable tape or approved
equivalent.
Any existing speed limit signs or other conflicting signs in the construction zone shall be
covered during construction with heavy duty black plastic (non transparent) sheets or bags,
which are secured to the sign post below the sign, with tape. In no case shall tape be applied
to either front or back of any sign.
Intersections shall be kept open until work takes place within the intersection. Local vehicular
and pedestrian access, including access to driveways and businesses, shall be maintained at
all times. Pedestrian access (minimum 4 -foot width) across both streets in an intersection
must be maintained at all times.
Where parking is prohibited during construction, "TEMPORARY NO PARKING" signs shall
be posted at least twenty-four hours, but no more than forty-eight hours, in advance of the
work. The signs shall be placed no more than 150 feet apart on each side of the alleys,
streets and parking areas and at shorter intervals if conditions warrant. The Contractor shall
provide the signs and will be responsible for adding the dates and hours of closure to the
Signs.
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ATTACHMENT
Compensation for all traffic control shall be considered paid for under other items of work
involved and no additional compensation will be allowed therefore.
Service Daily Maintenance Requests and Minor Utility Repair and Construction: Contractor
shall include but not be limited to providing labor and materials to repair and maintain guard
rails, block walls, temporary concrete repairs, lot grading, bollard installations and various
other minor maintenance as requested by the City Representative or assigned through a job
order. This work will be on a time and material compensation basis.
Appliance Removal and Disposal: Contractor shall pick-up and dispose of appliances
discarded in the City rights-of-way or as requested by the City Representative through a job
order. Appliances shall include but not limited to: refrigerators, ovens, washers and dryers,
etc. The Contractor shall store and/or dispose of all appliances collected in a legal manner.
Reporting: The tonnage of all materials generated by the Contractor in the course of this
contract, which are deposited -in a landfill, shall be reported on a monthly basis to the City
Representative. Contractor shall recycle all materials which are capable of being recycled
and maintain records of tonnage of items recycled, which shall also be reported on a monthly
basis to the City Representative to assist the City in complying with and reporting pursuant to
AB 939.
4-1 VEGETATION MANAGEMENT & RODENT CONTROL SERVICES
4-1.1 SPECIFICATIONS — VEGETATION MANAGEMENT AND RODENT CONTROL
4-1.2 SCOPE OF WORK
The Contractor shall supply all labor, materials; including pesticides (herbicides, insecticides,
rodenticides or other pest control materials) required for this contract.
The Contractor shall provide a complete vegetation management and rodent control program
including but not limited to the oversight, labor, tools and equipment necessary for the safe,
legal application of E.P.A. registered materials to control vegetation (weeds) and rodents in
the public rights-of-way within the City of Costa Mesa.
The Contractor shall provide to the City Representative prior to any application of materials, a
complete, current, Material Safety Data Sheet (MSDS) for all hazardous substances as
required by labor code sections 6832 and 6390, General Industrial Safety Order Section
5194 and Title 8, California Administrative Code.
Some or all of the work specified herein is currently performed under contract. The City
reserves the right to include or exclude this work from a contract in its sole discretion.
Locations
See Exhibit A.
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ATTACHMENT
4-1.3 QUALITY OF WORK
The City Representative or his/her designee shall be the sole judge as to the adequacy and
quality of maintenance. To insure consistent quality of the work being performed, the City
Representative will inspect all areas covered by this contract at the beginning of the third
week of each month. Any deficiencies will be recorded on the Performance Deficiency
Notification form, see Exhibit B, and submitted to the Contractor for review and corrective
action. At the end of the month the City Representative will re -inspect the deficient areas;
complete and submit a Performance Deficiency Status Memo, see Exhibit B, to the
Contractor. Any deficiencies not corrected by the end of the month will have a dollar value
assigned and that amount will be deducted from the monthly payment. The bid prices quoted
by the Contractor in Exhibit A will be used to determine the dollar value of any deficiencies.
4-1.4 REQUIRED REPORTS
Contractor shall be responsible for the filing of all records and reports, including but not
limited to 'Notice of Intent to Apply', Pesticide Use Reports, or others as specified by all
County of Orange, State and Federal agencies. Reports shall contain accurate and valid
information. Copies of all records and reports shall be submitted to the City at the same time
as submitted to the regulatory authority, with the exception of the 'Notice of Intent to Apply',
which shall be submitted prior to application of pesticide. Copies of all records, notices,
violation or other documents provided or issued to the Contractor by any regulatory agency
shall be provided to the City within five (5) working days of issuance.
Contractor shall record and maintain accurate records of all pesticide applications. Records
to include date, time of day, location, type of chemical, quantity chemical, method of
application, name of licensed applicator and license number, and environmental conditions
data.
If required by the City Representative, a pest monitoring report for each site shall be
"submitted to the City by the first day of each month. This report shall include the site
number, date, identification, extent, and location of pest problems (if any), record of previous
control measures, name of inspecting personnel, and proposed control measures if deemed
necessary.
The City shall be notified verbally within 48 hours and in writing within 5 working days of any
new pest problems previously unreported and observed by the Contractor.
4-1.5 PESTICIDE APPLICATION AND RODENT CONTROL
The Contractor shall maintain a set of the contract documents at the project site at all times.
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The Contractor shall supply to the City Representative, prior to applying any material, Written
Recommendations completed by a Pest Control Adviser for all pesticides per California
Department of Pesticide Regulation (CDPR) applied within the City.
The Contractor's Applicator shall have in their possession when performing the application of
any pesticide all CDPR required documents. MSDS safety sheets for the product that is
being applied and a Pest Control Recommendation written by a Pest Control Adviser
licensed by the State of California, Department of Pesticide Regulations.
4-1.6 REQUIRED LICENSES
The Contractor shall, prior to submitting bid and during contract period, possess all licenses
and permits required for the performance of the work required by this contract. Contractor
must possess a Business License for Pest Control and must possess or employ person(s)
possessing a valid Pest Control Advisers License in the appropriate category (A, B, D, E &
G) and a valid Qualified Applicators License in the appropriate category (A, B, C & F). In
addition, all persons performing pest control and handling pesticides shall possess a valid
Qualified Applicator Certificate in the appropriate category.
4-1.7 LOADING AND MIXING
The Contractor shall use proper safety equipment for loading and mixing pesticides, as
required by the DPR and in full compliance with the product label. The Contractor is required
to carry a spill kit on the vehicle. The Contractor will be required to follow proper clean up
procedures in the event of a spill. The Contractor is required to triple rinse all containers into
the spray tank, puncture container and dispose of container in a proper manner. Contractor is
responsible for obtaining and paying for water used in conjunction with this specification.
4-2 PESTICIDE AND RODENT CONTROL SPECIAL PROVISIONS
Pesticide application and rodent control shall be performed as directed on City owned or
controlled, streets, sidewalks, alleyways, vacant lots, embankments, parking lots, drainage
ditches or channels, easements, rights-of-way to manage weed, pest or rodent populations at
a level acceptable to the City. Parks and landscaped areas are excluded.
4-2.1 DAMAGED LANDSCAPE MATERIAL REPLACEMENT POLICY
Plants damaged or destroyed_ as a result of the improper application of materials or
Contractor's negligence shall be replaced at Contractor's expense. All replacement plants
shall be inspected and approved by City prior to installation. All landscape improvements or
repairs shall conform to the City of Costa Mesa Landscape Specifications and Details.
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ATTACHMENT
4-2.2 IRRIGATION REPAIRS
Damage to irrigation equipment caused by the Contractor shall be the responsibility of the
Contractor to repair within 24 hours of occurrence, self-discovery or notification by the City.
All replacement parts and materials are to be same manufacturer, type, model and quality as
original installation, unless a substitute is approved by City representative. Failure to do so
will result in City a deduction from the payments. In addition, a performance deficiency notice
will be issued to the Contractor.
4-2.3 IRRIGATION SCHEDULING
The Contractor shall submit to the City Representative a minimum of 48 hours prior to
application, any requested irrigation scheduling changes necessary to support pesticide
application schedules. A detailed schedule of areas to be treated, listing specific dates and
times so irrigation systems shall be submitted at the same time as the irrigation schedule
change request. City staff will adjust irrigation as requested to accommodate the work.
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ATTACHMENT 3
4-2.4 RODENT CONTROL
Contractor shall be responsible for the eradication and control of ground squirrels, gophers,
rats or other rodents, as deemed necessary by the City, on a continual basis, during the term
of the contract. All mounds, burrows, or other damage shall be repaired (mounds leveled,
burrows sealed with soil) by Contractor as required by City.
The Contractor shall provide all necessary chemicals or other materials necessary for rodent
control. Costs shall be included in the hourly rate for the application for this material.
4-2.5 VEGETATION MANAGEMENT
Control of unwanted vegetation, as determined by the City, shall be the responsibility of the
Contractor. Written recommendations by a DPR Licensed California Agricultural Pest
Control Adviser are required to be submitted to the City prior to any application of pesticides.
Control shall mean the prevention, control or eradication of any pest to the satisfaction of the
City. The City may determine an acceptable level of impact by any pest and adjust the pest
control program of the Contractor accordingly.
IN
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ATTACHMENT 3
4-2.6 WEED ABATEMENT AND DEBRIS REMOVAL SPECIFICATIONS
The work to be done shall consist of destroying weeds, wild grass, and poisonous or noxious
plants and removing rubbish (including but not limited to scrap metals, junk, disassembled
parts of automobiles or machinery, furniture, mattresses, tires, concrete, asphalt, bricks or
other construction or demolition materials, debris, litter, cardboard, metal cans, glass, cut
brush, dead trees, tree limbs and similar materials), garbage, (including but not limited to
animal matter including feces, fruit or vegetable matter) and trimming trees and bushes from
alleys designated by the City Representative.
Discovery of hazardous waste or hazardous materials shall be reported to the City
Representative.
All work, which is determined by the City Representative to be defective or deficient in any of
the requirements of the specifications, shall be remedied by the Contractor at his expense in
a manner acceptable to the City Representative.
The Contractor is required to complete the "Equipment Listing" form and include it with the
proposal. Minimum equipment is listed below.
Contractor shall complete work within the time period set forth as follows:
Contractor shall have the ability to clean alleys at the rate of no less than 18,000 square feet
per day excluding any unforeseen circumstances that may cause work to be delayed
provided that this amount of work is available.
Work shall be completed in the same order in which issued by the City Representative; i.e.
no invoice will be -paid for any of the cleaning of any alley until all previous alleys have been
completely cleaned. All invoices shall be submitted within fourteen (14) days of completion of
work.
The Contractor shall perform all work necessary to complete the provisions of this contract in
a satisfactory manner unless otherwise provided. The Contractor shall furnish all equipment,
tools, materials, supplies and labor necessary to complete the work and dispose of all debris
generated in conjunction with the work.
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All City owned alleys as shown in Exhibit B, for weed abatement and alley cleaning, shall be
thoroughly cleaned of all weeds, grass, noxious growth, trash, rubbish and garbage and
furniture in the following manner:
All alleys to be cleaned shall be ,cleaned to the property line or right-of-way limit as directed
by the City Representative. All weeds, grasses, or noxious growths along fences, buildings,
in corners or along edges of parcels shall be mowed or cut by hand-held implements to not
more than two (2) inches above the ground.
Debris generated from vegetation mowing or removal shall be gathered and removed from
the site and disposed of in legal manner.
All parkways and gutters in front of alleys and or lots with abutting curbs and sidewalks shall
be cleaned of all weed or noxious growths. Any concreted or asphalted area upon parcel
being cleaned shall be swept and/or blown clean of any and all rubbish or debris. Vegetation
shall be cut to not more than two (2) inches above grade and such vegetation shall be
removed. The abutting public sidewalk shall also be thoroughly cleaned.
4-3 WEED CONTROL OF PAVED SURFACES
Contractor shall be responsible for controlling, by chemical means, weeds growing in cracks,
or expansion joints, off public curbs, gutters, sidewalks and areas contiguous to the City
landscape.
4-3.1 RECORDS
Before removing rubbish and/or garbage or abating any weeds from a property, the City
Representative shall photograph the property as is necessary to show all rubbish and/or
garbage to be removed or any weeds to be abated.
The City Representative will keep an accurate record of all properties cleaned by the
Contractor and if any controversy shall arise as to parcels cleaned by the Contractor, the
decision of the City Representative will be final.
Payment for miscellaneous handwork will be made only for the actual work done and actual
area worked upon any property as determined by measurements made by the City
Representative.
Work performed on multiple contiguous properties shall be considered as a single property
and shall have individual square foot areas totaled to determine the applicable rate for
calculating payment to the Contractor.
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The Contractor shall prepare an itemized written invoice for each parcel cleaned.
Invoices are to be submitted on the first day of each month, or as frequently as deemed
necessary by the City Representative. The invoice shall identify the parcel cleaned, and the
work order issued for the parcel, and shall contain an approximate calculation of the amount
of work done. The Contractor shall mail all invoices to:
ADDRESS
4-4 MEASUREMENT AND PAYMENT/ SPECIFIC
The unit of measurement and payment for work performed shall be the square footage of
various size categories specified in the proposal.
Payment for removal and disposal of rubbish, garbage, trash, and appliances shall be by the
compacted cubic yard. Removal of less than one (1) cubic yard on any lot shall be included
in the bid price.
Section II of the bid proposal form includes "Reference Bid Items". Item No. 1 thereunder for
"Miscellaneous Hand Work" refers to parcels of work where only handwork is involved and
does not apply if mowing is involved. Miscellaneous handwork will be determined by City
Representative, and -may include, but not be limited to dirt removal, tree trimming, or hedge
trimming.
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ATTACHMENT
4-5 SCHEDULING OF WORK
On a monthly basis or more frequently if the City determines it is necessary, the Contractor
will provide a comprehensive schedule for the work to be conducted during the next work
period. The schedule shall be of the calendar type and shall list the tasks to be
accomplished per site and the number of employees and man-hours that will be dedicated
to the work.
City Representative may schedule treatment or debris removal when needed on sites not
listed in Exhibit A.
The schedule shall be submitted to the City five (5) working days prior to the first working
day of the month or work period. The Contractor shall accomplish all normal work required
under this contract between the hours of 7:00 a.m. and 4:00 p.m., Monday through Friday.
The permissible Arterial street spraying hours are 8:30 a.m. to 3:30 p.m. The City may
grant, on an individual basis, permission to perform contract maintenance at other hours.
No maintenance functions shall be commenced before 7:00 a.m.
Prior to commencing work, the Contractor shall meet with the City representative to review
areas to be treated and document the starting time. The Contractor shall make contact with
the City Representative when the assigned tasks have been completed and prior to leaving
the City. The City will begin paying the appropriate hourly rate when the Contractor arrives
at the job site and continue payment until the assigned work has been completed and the
Contractor notifies the City representative. No compensation will be paid for lunch and/or
break periods. No compensation will be paid for travel time except within the City during
the performance of the work.
4-6 INSPECTIONS
Inspections will be performed by the City Representative at specified times and/or random
visits when the Contractor may be on the site.
All inspections called for by the Contractor shall be requested from the City Representative
at least forty-eight (48) hours prior to the anticipated inspection.
All work shall meet the approval of the City, or be rectified by the Contractor to a condition
that meets acceptance at no additional cost to the City. If the Contractor calls for
inspections and is not ready for the inspections, he/she shall be charged hourly, including
travel time for all members of the team of inspectors involved.
4-7 GENERAL CLEAN UP
The Contractor is required to insure that all materials or carcasses related to pesticide,
herbicide and rodenticides applications be thoroughly cleaned up and removed from the
work site at the conclusion of each work day. All locations shall be left in an acceptable
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ATTACHMENT 3
condition to the City. In the event the site is left in an unsatisfactory condition, the
Contractor will be required to return to the site and correct the unsatisfactory condition. No
debris may be left on site or placed in a roadway or drainage structure that is part of or
drains to the City's storm water collection system.
City of Costa Mesa lots, Easements and Right-of-ways, etc.
The following are City areas to be maintained as per the Specifications.
EXHIBIT A
1
Adams Avenue — Mesa Verde Drive East to the Santa Ana River — parkways and tree
2
Placentia Avenue — Adams to West 16 th Street — parkways, sidewalks and tree wells
3
Canyon at West Wilson - sidewalk and tree wells
4
Sea Bluff Drive — Canyon to Valley — parkway and sidewalks
5
Newport Blvd — East side, East 17 th to East 19 — sidewalk and tree wells
6
Newport Blvd —19 to Bristol — tree wells, parkways and planters along freeway
7
Rue De Cannes — West side, south of Monte Vista — parkway (oleanders)
8
Monaco — Riviera to Monte Vista — parkway (oleanders)
9
Redlands — North of 23rdStreet — parkway
10
Fairview Rd — Newport to 405 freeway — sidewalk and tree wells
11
Fairview Rd — at 405 freeway — slopes on both sides of street
12
Gisler Ave — Harbor to College — parkway
13
Gisler Ave — Harbor to Golf Course Drive
14
Bike Trail — Harbor to Wilson (Joann Bike Trail)
15
Bike Trail — Harbor to Golf Course Drive (Harbor Bike Trail)
16
Harbor — Fair to West Wilson — West side parkway and bike trail
17
South Coast Drive — Carmel to San Leandro — sidewalk on north side
18
Sunflower — Greenville to Bear — sidewalk on south side
19
Smalley — Sunflower to Santa Rosa — west side sidewalk and tree wells
20
Paularino — Manistee to Ludington — parkway and sidewalk
21
Paularino — East of Bear — south sidewalk and tree wells
22
Pullman — North of Paularino — west side parkway along freeway fence
23
Baker — Babb to Fairview — north side parkway and sidewalk
24
Yukon — Yukon to Shiffer Park — easement adjacent to 405 fwy
25
Concord at Jefferson — easement adjacent to 405 fwy
26
Elden — 21'tto 22nd— west side parkway
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27
Sterling and Victoria — vacant lot
28
Carnegie — Elmhurst to Fair — easement behind sidewalk
29
Del Mar Community Garden — perimeter and between rows
30
Hamilton and Charlie Community Garden — perimeter and between rows
31
Myran Drive — vacant lot
32
Irvine Ave — between Walnut and Costa Mesa Street — west side of street
33
Behind the following businesses on East 17th Street at the very back of the properties: 468,
450, 448, 420. These locations are all on the north side of 17th Street
34
Fairview Road slope at San Diego Freeway, north side
35
Gisler Street — south side of street from 1843 Gisler to Flood Channel
36
Victoria Street — north side of street between Vista Park and Flood Channel
37
Park property from north end of Pacific to the north end of Canyon
38
j Northwest corner of Flower and Fullerton sidewalks and parkways.
39
1 Norse street — east side of the street between Brentwood and Santa Isabel
40
22ndStreet - between Stater Brothers and Elden — south side of street
41
Harbor Blvd and 405 freeway — both sides
42
73 Freeway over Bear Street — both sides
43
Baker Street and 73 Freeway — both sides
44
Bristol and 73 Freeway — both sides
45
55 Freeway and Bristol Street — both sides
46
Baker Street and 55 Freeway - both sides
47
Paularino and 55 Freeway - both sides
48
Harbor Blvd — MacArthur Blvd to 1 9th Street
49
Fairview Road — Sunflower Avenue to Newport Blvd
50
Sunflower Ave — Bear Street to Main Street
51
South Coast Drive — San Leandro Lane to Bear Street
52
South Coast Drive — Fairview Road to Harbor Blvd
53
Bear Street — Sunflower Ave to 405 Freeway
54
Bristol Street — Sunflower Ave to Baker Street
55
Avenue of the Arts — Sunflower Ave to Anton Blvd
56
Sakioka Drive — Sunflower Ave to Anton Blvd
57
Redhill Ave — 405 Freeway to McCormick Ave
58
Mesa Verde Loop — Adams Ave to Adams Ave
59
Adams Ave — Harbor Blvd to Fairview Rd
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60
Golf Course Drive — Mesa Verde East to Tanager Drive
61
Merrimac Way — Harbor Blvd to Fairview Rd
62
Fair Drive Parkways — Harbor Blvd to Fairview Road
63
Victoria Street — Canyon Drive to Harbor Blvd
64
19 Street — Park Ave to Fullerton
65
Newport Blvd —19 Street to 16 Street
66
Golf Course Bike Trail (south side) — Placentia Ave to Harbor Blvd.
67
Golf Course Bike Trail (north side) — Tanager Drive to Harbor Blvd
68
Newport Blvd (south bound) — Bristol Street to 1 9th Street between the curb and the
Caltrans fence
69
Newport Blvd (north bound) — 1 9th Street to Bristol Street between the curb and the
Caltrans fence
Main City Arterials (Hardscapes, Sidewalks, Curb and Gutters)
1
Harbor Blvd — City limit to City limit
2
Fairview Road— City limit to City limit
3
Newport Blvd — City limit to City limit
4
Adams Ave — City limit to City limit
5
Victoria Street — City limit to City limit
6
Sunflower Street — City limit to City limit
7
Bristol Ave — City limit to City limit
8
Fair Drive — Harbor Blvd to Irvine Ave
Additional Areas
1
Rue De Cannes Parkway
2
Canyon PI. and Wilson St. Easement
3
Bike Trail — Harbor Blvd, Joann Street, North side of Golf Course.
4
Sea bluff Parkway
5
Canyon Parkway
6
Canyon Parkway (Parsons School)
7
Andros/Elm Parkway
8
Pullman Parkway
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ATTACHMENT
9
Carnegie Parkway
10
Traffic diverters — Monrovia, National, Joann Street
11
Paularino — Parkway west of Manistee and Medians at the 55 Freeway
Barricaded Streets
1
Continental Ave and Oak St.
2
Federal St and Oak St.
3
Monrovia Ave and 20th St
End of Streets
1
Green St (Off of Watson St)
2
Dublin St (Off of Watson St)
3
Wake Forest Dr — E.O. College Dr.
4
Pacific Ave — N.O. Wilson St.
5
Yukon Ave
6
Parkview Circle
7
Jacaranda Ave.
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ATTACHMENT 3
EXHIBIT B
INDEX OF PUBLICLY OWNED ALLEYS IN THE CITY OF COSTA MESA
Alley #
Street
From
To
Page
1
19TH STREET
MONROVIA
EAST END
1
2
VICTORIA STREET
SEA BLUFF
EAST END
6
3
PLACENTIA AVENUE
19TH
NORTH END
1
4
BANNING PLACE
PACIFIC
CANYON
5
POMONA AVENUE
OHMS
16TH
4
6
PLUMER STREET
POMONA
ALLEY 7
1
7
ANAHEIM AVENUE
PLUMER
CENTER
1
8
19TH STREET*
HARBOR
NEWPORT
9
18TH STREET*
HARBOR
NEWPORT
10
PARK DRIVE
ANAHEIM
18TH
4
11
PALACE AVENUE
20TH
HAMILTON
1
12
STERLING AVENUE
20TH
POMONA
1
13
PALACE AVENUE
19TH
20TH
1
14
STERLING AVENUE
19TH
20TH
1
15
CHARLE STREET
BERNARD
CHARLE
1
16
HARBOR BOULEVARD
CHARLE
BERNARD
1
17
BERNARD STREET
BERNARD
BERNARD
1
18
BERNARD STREET
19TH
19TH
1
19
JOANN STREET
PLACENTIA
HARBOR
1
20
POMONA AVENUE
JOANN
ALLEY 19
1
21
MEYER PLACE
JOANN
ALLEY 19
1
22
FOUNTAIN WAY WEST
JOANN
ALLEY 19
1
23
FOUNTAIN WAY EAST
JOANN
ALLEY 19
1
24
FOUNTAIN WAY WEST
JOANN
WILSON
1
25
FOUNTAIN WAY EAST
JOANN
WILSON
1
26
CLUBHOUSE FRONT.
CLUBHOUSE
CLUBHOUSE
6
27
CLUBHOUSE CIRCLE
CLUBHOUSE
CLUBHOUSE
6
28
HICKORY DRIVE
PONDEROSA
ALLEY 29
2
29
PEPPERTREE LANE
ROYAL PALM
ALLEY 30
2
30
HARBOR BOULEVARD
BAKER
PONDEROSA
2
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ATTACHMENT 3
31
GISLER AVENUE
CORIANDER
CINNAMON
2
32
CORIANDER DRIVE
CORAL
ALLEY 33
2
33
CINNAMON AVENUE
CORIANDER
CARAWAY
2
34
CASSIA AVENUE
CARAWAY
WINTERGREEN
2
35
GINGER AVENUE
CARAWAY
WINTERGREEN
2
36
MACE AVENUE
CARAWAY
WINTERGREEN
2
37
HARBOR BOULEVARD
MACE
MACE
2
38
MACE AVENUE
NUTMEG
CORSICA
2
39
DEODAR AVENUE
NUTMEG
BAKER
2
40
BAY STREET
FORD
PARSONS
1
41
FORD STREET
PARSONS
FORD
1
42
NEWPORT
HARBOR
19TH
1
BOULEVARD
43
PETERSON PLACE
PETERSON
ADAMS
2
44
BAKER -STREET
COLLEGE
BAKER
2
45
FAIRVIEW ROAD
MCCLINTOCK
WEST END
2
46
FAIR DRIVE
VANGUARD
WEST END
5
47
COOLIDGE AVENUE
PAULARINO
BAKER
3
48
FILLMORE WAY
PAULARINO
ALBANY
3
49
FILLMORE WAY
ALBANY
BAKER
3
50
GARFIELD AVENUE
PAULARINO
BAKER
3
51
MENDOZA DRIVE
BAKER
MENDOZA '
3
52
ORANGE AVENUE
OGLE
NORTH END
4
53
SPARKS STREET
ALLEY 52
WESTMINSTER
4
54
17TH STREET
SANTA ANA
TUSTIN
4
55
17TH STREET
IRVINE
WEST END
4
56
OGLE STREET
ORANGE
WESTMINSTER
4
57
OGLE STREET
WESTMINSTER
SANTA ANA
4
58
ORANGE AVENUE
16TH PL.
16TH ST.
4
59
SANTA ANA AVENUE
16TH
SOUTH END
4
60
RIVERSIDE PLACE
16TH
TUSTIN
4
61
NEWPORT
ALLEY 62
NORTH END
4
BOULEVARD
62
16TH STREET
NEWPORT
ORANGE
4
FRONT.
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66
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69
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73
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75
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79
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09/10 (IG)
KNOX PLACE
KNOX PLACE
KNOX PLACE
KNOX STREET
PALMER STREET
WESTMINSTER
AVENUE
PALMER STREET
19TH STREET
19TH STREET
19TH STREET
TUSTIN AVENUE
19TH STREET
NEWPORT
BOULEVARD
FLOWER STREET
FLOWER STREET
FLOWER STREET
FLOWER STREET
FLOWER STREET
FLOWER STREET
NEWPORT
BOULEVARD
BROADWAY
BROADWAY
BROADWAY
BROADWAY
BROADWAY
BROADWAY
BROADWAY
NEWPORT
BOULEVARD
MAGNOLIA STREET
MAGNOLIA STREET
MAGNOLIA STREET
MAGNOLIA STREET
ORANGE
WESTMINSTER
ORANGE
WESTMINSTER
WESTMINSTER
PALMER
WESTMINSTER
ORANGE
WESTMINSTER
TUSTIN
19TH
IRVINE
FLOWER
FULLERTON
ORANGE
ORANGE
WESTMINSTER
RAYMOND
TUSTIN
BROADWAY
FULLERTON
ORANGE
ORANGE
WESTMINSTER
SANTA ANA
RAYMOND
TUSTIN
MAGNOLIA
FULLERTON
ORANGE
WESTMINSTER
TUSTIN
Page APof 124
ATTACHMENT 3
WESTMINSTER
EAST END
WESTMINSTER
EAST END
ORANGE
15TH
SANTA ANA
WESTMINSTER
SANTA ANA
EAST END
FLOWER
ALLEY 73
BROADWAY
ALLEY 75
WEST END
WESTMINSTER
SANTA ANA
TUSTIN
IRVINE
MAGNOLIA
ALLEY 82
WEST END
WESTMINSTER
SANTA ANA
RAYMOND
TUSTIN
IRVINE
18TH
ORANGE
WESTMINSTER
SANTA ANA
IRVINE
4
4
4
4
4
4
4
4
4
4
4
4
4
4
4
4
4
4
4
4
4
4
4
4
4
4
4
4
(SPECIAL PROVS)
3094317.1
ATTACHMENT 3
95
18TH STREET
SANTA ANA
EAST END 4
96
18TH STREET
18TH
IRVINE 4
97
NEWPORT
CABRILLO
SOUTH END 4
BOULEVARD
98
CABRILLO STREET
WESTMINSTER
WEST END 4
99
17TH PLACE
SANTA ANA
RAYMOND 4
100
SANTA ANA AVENUE
17TH PL.
SOUTH END 4
101
17TH PLACE
RAYMOND
ALLEY 100 4
102
CABRILLO STREET
ORANGE
EAST END
103
NEWPORT
18TH
SOUTH END 4
BOULEVARD
104
FULLERTON AVENUE
20TH
FULLERTON 4
105
ROSEMARY PLACE
20TH
ORANGE 4
106
20TH STREET
WESTMINSTER
SANTA ANA 4
107
ESTHER STREET
WESTMINSTER
ALLEY 108 4
108
WESTMINSTER
ESTHER
WALNUT 4
109
ESTHER STREET
RAYMOND
TUSTIN 4
110
WALNUT STREET
WESTMINSTER
SANTA ANA 4
111
WALNUT STREET
SANTA ANA
RAYMOND 4
112
COSTA MESA STREET
FULLERTON
ORANGE 4
113
COSTA MESA STREET
SANTA ANA
RAYMOND 4
114
COSTA MESA STREET
TUSTIN
.IRVINE 4
115
NEWPORT
WILSON
SANTA ISABEL 5
BOULEVARD
116
NEWPORT
23RD
WILSON 5
BOULEVARD
117
FAIRWAY PLACE
ORANGE
FAIRWAY DR. 5
118
LILLIAN PLACE
ORANGE
FAIRWAY DR. 5
119
MENDOZA DRIVE
MISSION
EL CAMINO 3
120
BAKER STREET
MENDOZA
ALLEY 125 3
121
LA SALLE AVENUE
MISSION
ALLEY 120 3
122
MISSION DRIVE
MENDOZA
LA SALLE 3
123
VALENCIA STREET
MENDOZA
LA SALLE 3
124
BEACH STREET
MEYER
POMONA 1
125
VALASCOLANE
SONORA
ALLEY 120 3
126
LUDINGTON STREET
TRAVERSE
NORTH END 6
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128
JOANN STREET
CABRILLO STREET
[MIT60>.>tr/_1
IRVINE
WEST END
WEST END
ATTACHMENT 3
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Page 9873094317.1
of 124
ATTACHMENT 3
EXHIBIT B CONTINUED;
AREA MAPS
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Page Wof 124 3094317.1
ATTACHMENT 3
4-8 PRICING INFORMATION
The hourly pricing rate shall include the cost for all administration, supervision, labor,
materials, tools, permits, special equipment, licenses, hauling and disposal fees necessary
to complete the contract requirements.
The standard unit of measurement for work to be completed is square footage. The volume
of weeds, herbicide spraying and debris removed from individual alleys, lots, public right of
ways and easements is addressed in Contractor's hauling cubic yards unit price and square
footage of area maintained by herbicide application. In no other way shall the Contractor be
compensated for amount of weeds and debris removed from the alley, street and lot or
areas in which herbicide has been applied.
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Page Af 124 3094317.1
ATTACHMENT 3
Section 6-9 — Liquidated Damages
The Contractor shall pay to the City of Costa Mesa the sum of $250.00 per day, for each
and every calendar day where work reported to the Contractor is not responded to and/or
corrected per the Special Provisions.
Section 7-13 Laws to be observed
The Contractor shall comply with and meet all applicable SCAQMD, OSHA, NPDES and
EPA requirements as specified. The Contractor shall be responsible to obtain those
necessary manuals and publications.
Section 9-3.3 Delivered Materials
The cost of materials and equipment delivered, but not incorporated in said work, will not
be included in the progress payment estimate unless otherwise provided in these
specifications. All materials shall be nontoxic and shall not contain asbestos and
hazardous substances as established by applicable laws.
Section 9-3.4.1 Hauling Of Materials
The Contractor shall comply with the solid waste hauling provisions set forth in the City of
Costa Mesa Municipal Code Section 8-77. Failure to comply will result in an administrative
penalty of $1,000 or 3% of the project costs, whichever is greater.
Section 9-3.4.2 Water Supply
If water is needed for the work specified, Contractor shall contact Mesa Consolidated Water
District or the Irvine Ranch Water District to obtain service. The Contractor is required to
make any and all necessary installations and connections. All water shall be metered. The
Contractor shall pay for all deposits and fees involved.
09/10 (IG)(SPECIAL
Page O of 124 3094317.1
ATTACHMENT 3
MISCELLANEOUS
CONTRACT
DOCUMENTS
(SAMPLE)
Page 92 of 124 3094317.1
ORIGINAL - COPY TO USE
AGREEMENT
THIS AGREEMENT, dated
ATTACHMENT 3
2011, is made by the
CITY OF COSTA MESA, a political subdivision of the State of California ("CITY"), and
a California Corporation, ("CONTRACTOR")
CITY desires to maintain public work and improvements described below under
Scope of Work, Paragraph 1 ("Work")
ACCORDINGLY, the parties hereto agree as follows:
1. SCOPE OF WORK.
The Work consists of
The Work is further described in the "Contract Documents" referred to below.
Contractor agrees to provide services to the City in accordance with the terms and
conditions of this Contract. In the performance of its work, the Contractor represents that it
(1) has and will exercise the degree of care, skill, efficiency, and judgment of contractors
with special expertise in
(2) carries all applicable licenses, certificates,
and registrations in current and good standing that may be required to perform the work;
and (3) will retain all such licenses, certificates, and registrations in active status throughout
the duration of this engagement.
2. CONTRACT DOCUMENTS.
The complete Agreement consists of the following documents relating to the
Project: this Agreement; notice inviting bids; the Contractor's bid; the complete plans,
profiles, detailed drawings and specifications, including general provisions and special
provisions; the provisions of the most current edition of Standard Specifications for Public
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ATTACHMENT 3
Works Construction, published by Building News, Inc., Los Angeles, California, popularly
known as "The Green Book"; Faithful Performance Bond and Payment Bond, including
agent's Power of Attorney for each Bond; certificates of insurance; ; and all addenda setting
forth any modifications or interpretations of those documents. The documents comprising
the complete Agreement will be referred to as the "Contract Documents."
All of the Contract Documents are intended to complement one another, so that
any Work called for in one and not mentioned in another is to be performed as if mentioned
in all documents.
In the event of an inconsistency in the Contract Documents the terms of this
Agreement shall prevail over all other Contract Documents. The order of precedence
between the remaining Contract Documents shall be as set forth in the "Standard
Specifications for Public Works Construction" (The Green Book).
The Contract Documents constitute the entire agreement between the parties
and supersede any and all other writings and oral negotiations.
3. CITY'S REPRESENTATIVE.
The CITY'S Representative is , who shall be referred to herein as
the Project Manager ("Project Manager").
4. SCHEDULE.
All Work shall be performed in accordance with the schedule approved on behalf of
CITY by the Project Manager, and in accordance with the time of performance set forth in
Paragraph 7.
5. EQUIPMENT - PERFORMANCE OF WORK.
CONTRACTOR shall furnish all tools, equipment, apparatus, facilities, labor and
materials necessary to perform and complete the Work of construction in a good and
workmanlike manner in strict conformity with the Contract Documents.
The equipment, apparatus, facilities, labor and material shall be furnished and
2
Page 94 of 124 3094317.1
ATTACHMENT
such Work performed and completed as required in the plans and specifications to the
satisfaction of the Project Manager or his designee, and subject to his approval.
6. CONTRACT PRICE - $
7. TERM AND TIME OF PERFORMANCE.
Work shall begin within ten (10) days after the date this Agreement is executed by CITY
unless a later time is agreed upon in writing by the parties, and the Work shall be
completed continuously for a base term of three years, from the date of the Agreement
unless terminated earlier as set forth herein. The City, at its sole discretion, may exercise
an option to extend the term for up to two one year periods. The City shall notify Contractor
of its intention to exercise its option at least 30 days prior to the expiration of the base, or
first option, term.
IIA: V N f*]
The City may terminate this Contract at any time by giving the Contractor thirty
calendar day's written notice. Notice of termination shall be by certified mail. Upon
termination, the City shall pay the Contractor its allowable costs incurred to date of
termination and those costs deemed necessary by the City to effect termination. In the
event that the Contractor at any time during the entire term of this Contract breaches the
requirements or conditions of the Contract, and does not within five (5) calendar days of
receipt of notice from the City cure such breach or violation, the City may immediately
terminate this Contract and shall pay the Contractor only its allowable costs to date of
termination.
9. LIQUIDATED DAMAGES.
In the event the Work is not completed, for any reason, within the time required
3
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ATTACHMENT 3
including any approved extensions of time, and to the satisfaction of the Project Manager,
CITY may, in addition to any other remedies, equitable and legal, including remedies
authorized by Paragraph 8 of this Agreement, charge to CONTRACTOR or his sureties, or
deduct from payments or credits due CONTRACTOR, a sum equal to $ as
liquidated damages for each day beyond the date provided for the completion of such
Work.
The parties hereto agree that the amount set forth above, as liquidated
damages constitutes a fair and reasonable estimate of the costs the CITY would suffer for
each day that the CONTRACTOR fails to meet the performance schedule. The parties
hereby agree and acknowledge that the delays in the performance schedule will cause
CITY to incur costs and expenses not contemplated by this Agreement.
10. PERFORMANCE BY SURETIES.
In the event CONTRACTOR fails or refuses to perform the Work, CITY may provide
CONTRACTOR with a notice of intent to terminate as provided in paragraph 8, of this
Agreement. The CITY shall immediately give written notice of such intent to terminate to
CONTRACTOR and CONTRACTOR'S surety or sureties, and the sureties shall have the
right to take over and perform this Agreement; provided, however, that the sureties must,
within five (5) days after CITY'S giving notice of termination, (a) give the CITY written notice
of their intention to take over the performance of this Agreement; (b) provide adequate
assurances, to the satisfaction of the CITY that the Work shall be performed diligently and
in a timely manner; and, (c) must commence performance thereof within five (5) days after
providing notice to the CITY of their intention to take over the Work. Upon the failure of the
sureties to comply with the provisions set forth above, CITY may take over the Work and
complete it, at the expense of CONTRACTOR, and the CONTRACTOR and the sureties
shall be liable to CITY for any excess costs or damages including those referred to in
4
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ATTACHMENT 3
Paragraph 9, incurred by CITY. In such event, CITY may, without liability for so doing, take
possession of such materials, equipment, tools, appliances, Contract Documents and other
property belonging to CONTRACTOR as may be on the site of the Work and reasonably
necessary therefor and may use them to complete the Work.
11. DISPUTES PERTAINING TO PAYMENT FOR WORK.
Should any dispute arise respecting whether any delay is excusable, or its duration,
or the value of the Work done, or of any Work omitted, or of any extra Work which
CONTRACTOR may be required to do, or respecting any payment to CONTRACTOR
during the performance of this Agreement, such dispute shall be decided by the Project
Manager, and his decisions shall be final and binding upon CONTRACTOR and his
sureties.
12. SUPERINTENDENCE BY CONTRACTOR.
At all times during performance of the Work, CONTRACTOR shall give personal
superintendence or have a competent foreman or superintendent on the worksite, with
authority to act for CONTRACTOR.
13. INSPECTION BY CITY.
CONTRACTOR shall at all times maintain proper facilities and provide safe
access for inspection by CITY to all parts of the Work and to all shops on or off-site where
the Work or portions of the Work, are in preparation. CITY shall have the right of access to
the premises for inspection at all times. However, CITY shall, at all times, comply with
CONTRACTOR'S safety requirements on the job site.
14. CARE OF THE WORK AND OFF-SITE AUTHORIZATION.
CONTRACTOR warrants that it has examined the site of the Work and is
familiar with its topography and condition, location of property lines, easements, building
5
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ATTACHMENT 3
lines and other physical factors and limitations affecting the performance of this Agreement.
CONTRACTOR, at CONTRACTOR'S sole cost and expense, shall obtain any permission,
and all approvals, licenses, or easements necessary for any operations conducted off the
premises owned or controlled by CITY. CONTRACTOR shall be responsible for the proper
care and protection of all materials delivered to the site or stored off-site and for the Work
performed until completion and final inspection and acceptance by CITY. The risk, damage
or destruction of materials delivered to the site or to Work performed shall be borne by
CONTRACTOR.
15. PAYMENTS TO CONTRACTOR.
On or before the last Monday of each and every month during the performance
of the Work, CONTRACTOR shall meet with the Project Manager or his designee to
determine the quantity of pay items incorporated into the improvement during that month. A
"Progress Payment Order" will then be jointly prepared, approved, and signed by the
Project Manager and the CONTRACTOR setting forth the amount to be paid. Upon
approval of the progress payment order by the CITY Engineer, or his designee, it shall be
submitted to CITY'S Finance Department and processed for payment by obtaining approval
from the City Council to issue a warrant.
Within three (3) days following City Council's approval to issue a warrant, CITY
shall mail to CONTRACTOR a warrant for the amount specified in the progress payment
order as the amount to be paid.
In the event that claims for property damage or bodily injury are presented to
CITY arising out of CONTRACTOR'S or any subcontractor's Work under this Agreement;
CITY shall give notice thereof to CONTRACTOR, and CONTRACTOR shall have thirty-five
(35) days from the mailing of any such notice to evaluate the claim and to settle it by whole
or partial payment, or to reject it, and to give notice of settlement or rejection to CITY. If
6
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ATTACHMENT
CITY does not receive notice within the above-mentioned thirty-five day period that the
claim has been settled, and if the Project Manager, after consultation with the City Attorney,
determines that the claim is meritorious, CITY may pay the claim or a portion of it in
exchange for an appropriate release from the claimant, and may deduct the amount of the
payment from the retained funds that would otherwise be paid to CONTRACTOR upon
completion of the Work; provided, however, that the maximum amount paid for any one
claim pursuant to this provision shall be one thousand dollars ($1,000), and the maximum
amount for all such claims in the aggregate paid pursuant to this provision shall be five
thousand dollars ($5,000).
16. PROMPT PAYMENT OF SUBCONTRACTORS.
The CONTRACTOR shall pay Subcontractors for work that has been satisfactorily
performed no later than ten (10) days from the date of CONTRACTOR's receipt of progress
payments from the CITY. Within thirty (30) days of satisfactory completion of all work
required of the Subcontractor, CONTRACTOR shall release any retainage payments
withheld to the Subcontractor but in no instance later than seven (7) days after Contractor
receives retention from CITY. In the event Contractor does not make progress payments or
release retentions to the Subcontractors in accordance with the time period specified
herein, CONTRACTOR will be subject to penalties payable to the Subcontractor in
accordance with California Business and Professions Code section 7108.5.
17. CONTRACT SECURITY AND GUARANTEE.
Unless previously provided by CONTRACTOR to CITY, CONTRACTOR shall
furnish, concurrently with the execution of this Agreement, the following: (1) a surety bond
in an amount equal to one hundred percent (100%) of the contract price as security for the
faithful performance of this Agreement, and (2) a separate surety bond in an amount equal
to at least one hundred percent (100%) of the contract price to secure payment of all claims
7
Page 99 of 124 3094317.1
ATTACHMENT
of laborers, mechanics, or material suppliers, subcontractors, and other persons named in
Civil Code Section 3181 for the costs of materials, equipment, supplies and labor furnished
in the course of the performance of the Contract. Contract bonds shall be on forms
provided by the CITY and shall be executed as surety by a corporation authorized to issue
surety bonds in the State of California, with a financial condition and record of service
satisfactory to the CITY. Any alternation, extension of time, extra and additional work and
other changes authorized by the Contract may be made without securing the consent of the
surety or sureties on the Contract bonds.
CONTRACTOR guarantees that all materials used in the Work and all labor
performed shall be in conformity with the Contract Documents including, but not limited to,
the standards and specifications set forth in the most current edition of Standard
Specifications for Public Works Construction, published by Building News, Inc., Los
Angeles, California, more commonly known as "The Green Book." CONTRACTOR shall, at
his own expense, make any and all repairs and replacements that shall become necessary
as the result of any failure of the Work to conform to the aforementioned Contract
Documents, and standard specifications; provided, however, that CONTRACTOR shall be
obligated under this provision only to the extent of those failures or defects of which he is
given notice within a period of twelve (12) months from the date that the Notice of
Completion is recorded.
The rights and remedies available to CITY pursuant to this provision shall be
cumulative with all rights and remedies available to CITY pursuant to statutory and common
law, which rights and remedies are hereby expressly reserved, and neither the foregoing
guarantee by CONTRACTOR nor his furnishing of the Bonds, nor acceptance thereof by
CITY, shall constitute a waiver of any rights or remedies available to CITY against
CONTRACTOR.
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ATTACHMENT 3
18. INDEMNIFICATION.
To the maximum extent allowed by law, the CONTRACTOR shall be
responsible for and the CITY shall not be responsible for (1) any injury to or death of any
person (including but not limited to any of CONTRACTOR's employees or subcontractors
or the public) or (2) damage to any property if the injury, death or damage arises out of, is
connected to, or in any way related to CONTRACTOR's work or the performance of this`
Contract.
CONTRACTOR shall defend, indemnify, and hold harmless the CITY and its
elected and appointed boards, officers, agents, and employees and assigns of any of them
(collectively referred to as "Indemnitees") from and against all claims, demands, liability,
suits, actions, costs, or expenses for any and all loss or damage, including, but not limited
to, personal injury or property damage, arising out of, connected to, or in any way related to
Contractor's work or performance of this Contract (including the work or materials of its
subcontractors and suppliers), except to the extent that the claims, demands, liability, suits,
actions, costs or expenses are caused by Indemnitees' active negligence, willful
misconduct or criminal acts. The duty of CONTRACTOR to indemnify and save harmless
includes the duties to defend as set forth in Section 2778 of the Civil Code. This indemnity
shall survive termination or acceptance of the Contract.
CONTRACTOR waives any and all rights to any type of express or implied
indemnity against the Indemnitees. It is expressly understood and agreed that
CONTRACTOR is to indemnify and save harmless the Indemnitees from the types of
claims, suits, or actions specified above regardless of the existence of the Indemnitee's
passive negligence.
Any person, firm or corporation that Contractor authorizes to work on CITY's
property, including Subcontractors, shall be deemed to be an agent of the Contractor for
9
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ATTACHMENT 3
purposes herein, shall be subject to all the applicable terms herein, and shall be within the
scope of Contractor's indemnity obligation described herein.
CONTRACTOR shall comply with all of the provisions of the Workers'
Compensation insurance laws and Safety in Employment laws of the State of California,
including the applicable provisions of Divisions 4 and 5 of the California. Labor Code and all
amendments thereto and regulations promulgated pursuant thereto, and all similar State,
Federal or local laws applicable; and CONTRACTOR shall indemnify and hold harmless
CITY from and against all claims, liabilities, expenses, damages, suits, actions,
proceedings and judgments, of every nature and description, including attorney fees, that
may be presented, brought or recovered against CITY for or on account of any liability
under or failure to comply with any of said laws which may be incurred by reason of any
Work performed under this Agreement by CONTRACTOR or any subcontractor or others
performing on behalf of CONTRACTOR.
CITY does not, and shall not, waive any rights against CONTRACTOR which it
may have by reason of the above hold harmless agreements, because of the acceptance
by CITY or the deposit with CITY by CONTRACTOR of any or all of the insurance policies
described in Paragraph 19 of this Agreement.
The hold harmless agreements by CONTRACTOR shall apply to all liabilities,
expenses, claims, and damages of every kind (including but not limited to attorney fees)
incurred or alleged to have been incurred, by reason of the operations of CONTRACTOR or
any subcontractor or others performing on behalf of CONTRACTOR, whether or not such
insurance policies are applicable. CONTRACTOR shall require any and all tiers of
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ATTACHMENT 3
subcontractors to afford the same degree of indemnification to the CITY OF COSTA MESA
and its elected and appointed boards, officers, agents, and employees that is required of
CONTRACTOR and shall incorporate identical indemnity provisions in all contracts
between CONTRACTOR and all tiers of his subcontractors.
In the event that CONTRACTOR and CITY are sued by a third party for
damages caused or allegedly caused by negligent or other wrongful conduct of
CONTRACTOR, or by a dangerous condition of 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.
19. INSURANCE.
CONTRACTOR shall not commence Work under this Agreement until he has
obtained all insurance required under this section and CITY has approved the insurance as
to form, amount, and carrier, nor shall CONTRACTOR allow any subcontractor to
commence any Work until all similar insurance required of the subcontractor has been
obtained and approved.
Neither the failure of CONTRACTOR to supply specified insurance policies and
coverage, nor the failure of CITY to approve same shall alter or invalidate the provisions of
Paragraph 18 of this Agreement.
A. Workers' Compensation Insurance.
CONTRACTOR shall obtain and maintain during the life of this Agreement
workers' compensation insurance and, if any Work is sublet, CONTRACTOR shall require
all tiers of subcontractors to obtain workers' compensation insurance.
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Page 103 of 124 3094317.1
ATTACHMENT 3
All workers' compensation insurance policies shall provide that the
insurance may not be canceled without thirty (30) days' advance written notice of such
cancellation to CITY.
CONTRACTOR agrees to waive, and obtain endorsements from its
workers' compensation insurer waiving, subrogation rights under its workers' compensation
insurance policy against the CITY and to require each of its subcontractors, if any, to do
likewise under their workers' compensation insurance policies.
B. Liability Insurance Coverage.
CONTRACTOR shall obtain and maintain during the life of this Agreement
the following insurance coverage:
(1) Comprehensive General Liability, including coverage for premises -operations,
products/completed operations hazard, blanket contractual, broad form property damage, and
independent contractors. In addition, CONTRACTOR shall obtain and maintain during the life of this
Agreement each of the following insurance coverage which are not stricken out and initialed by the
Project Manager: Explosion and collapse hazard, underground hazard, personal injury, and
automobile liability, including owned, hired, and non -owned vehicles. All insurance coverage shall
have limits of not less than $1,000,000.00 combined single limit, per occurrence and aggregate.
(2) Below are approved endorsements which satisfy the basic insurance requirements
contained in contracts entered into by City of Costa Mesa. These have been approved by the City
Attorney's office. The terms of any specific contract with the City are controlling. Prior to the
commencement of any work, the City requires that the Engineer receive Certificates of Insurance in
DUPLICATE for liability coverage of at least $1,000,000 combined single limit, per occurrence and
in the aggregate. Endorsements to the policies providing the above insurance shall be obtained by
CONTRACTOR, adding the following three provisions:
(i) Additional Insured:
12
Page 104 of 124 3094317.1
ATTACHMENT 3
The City of Costa Mesa, and its elected and appointed boards,
officers, agents, employees, are additional insureds with respect to the subject project and
agreement.
(ii) Notice:
"Said policy shall not terminate, nor shall it be canceled nor the
coverage reduced, until thirty (30) days after written notice is given to CITY."
(iii) Other Insurance:
"Any other insurance maintained by the City of Costa Mesa, shall
be excess and not contributing with the insurance provided by this policy."
If any of such policies provide for a deductible or self-insured retention to provide
such coverage, the amount of such deductible or self-insured retention shall be approved in
advance by City. No policy of insurance issued as to which the City is an additional insured
shall contain a provision which requires that no insured except the named insured can
satisfy any such deductible or self-insured retention.
20. PROOF OF INSURANCE.
Prior to award of the contract by the City Council of CITY, CONTRACTOR shall
furnish CITY, through the Project Manager, proof of compliance with the above insurance
requirements in a form satisfactory to the City Attorney.
21. LEGAL WORK DAY - PENALTIES FOR VIOLATION.
Eight hours of labor shall constitute a legal day's work during any one calendar
day. CONTRACTOR shall forfeit to CITY the sum of twenty-five dollars ($25.00) for each
workman employed in the execution of this Agreement by CONTRACTOR or by any
subcontractor for each calendar day during which such workman is required or permitted to
work more than eight (8) hours in any one calendar day and 40 hours in any one calendar
week in violation of California Labor Code Sections 1810 through 1815, inclusive.
13
Page 105 of 124 3094317.1
ATTACHMENT 3
22. PREVAILING WAGE SCALE.
CONTRACTOR shall 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.
23. DRUG-FREE WORKPLACE POLICY.
CONTRACTOR, upon notification of the award of this Agreement, shall
establish a Drug -Free Awareness Program to inform employees of the dangers of drug
abuse in the workplace, the penalties that may be imposed upon employees for drug abuse
violations occurring in the workplace, and the employee assistance programs available to
employees. Each employee engaged in the performance of a CITY contract must be
notified of this Drug -Free Awareness Program, and must abide by its terms.
CONTRACTOR shall conform to all the requirements of CITY'S Policy No. 100-5, attached
hereto as Attachment No. 1. Failure to establish a program, notify employees, or inform the
CITY of a drug-related workplace conviction will constitute a material breach of contract and
cause for immediate termination of the contract by the CITY.
24. NON — DISCRIMINATION.
In performing this Agreement, CONTRACTOR will not engage in, nor permit its
agents to engage in, discrimination in employment of persons because of their race,
religion, color, national origin, ancestry, physical handicap, medical condition, marital status
or sex, or sexual orientation, except as permitted pursuant to Section 12940 of the
Government Code. Violation of this provision may result in the imposition of penalties
referred to in Labor Code, Section 1735.
25. CONTRACT ASSURANCE.
The CONTRACTOR or subcontractor shall not discriminate on the basis of
race, color, national origin, or sex in the performance of this contract. The CONTRACTOR
14
Page 106 of 124 3094317.1
ATTACHMENT
shall carry out applicable requirements of 49 CFR part 26 in the award and administration
of DOT -assisted contracts. Failure by the CONTRACTOR to carry out these requirements
is a material breach of this contract, which may result in the termination of this contract or
such other remedy as recipient deems appropriate.
The CONTRACTOR will require that the above provision is included in all
subcontracts.
26. PROVISIONS CUMULATIVE
The provisions of this Agreement are cumulative and in addition to, and not in
limitation of, any other rights or remedies available to CITY.
27. NOTICES.
It shall be the duty and responsibility of CONTRACTOR to notify all tiers of
subcontractors and material men of the following special notice provision; namely, all
preliminary 20 -day notices or stop notices shall be directed only to the City Clerk and to no
other department, and shall be either personally delivered or sent by certified mail, postage
prepaid.
All other notices shall be in writing and delivered in person or sent by certified
mail, postage prepaid. Notices required to be given to CITY pursuant to this Agreement
shall be addressed as follows:
The City of Costa Mesa
77 Fair Drive
Post Office Box 1200
Costa Mesa, California 92628-1200
Attention: Construction Management
Notices required to be given to CONTRACTOR shall be addressed as follows:
15
Page 107 of 124 3094317.1
ATTACHMENT 3
Notices required to be given to CONTRACTOR'S sureties shall be
addressed as follows:
28. INDEPENDENT CONTRACTOR.
The parties hereto acknowledge and agree that the relationship between CITY
and CONTRACTOR is one of principal and independent Contractor and no other. All
personnel to be utilized by CONTRACTOR in the performance of this Agreement shall be
employees of CONTRACTOR and not employees of the CITY. CONTRACTOR shall pay
all salaries and wages, employer's social security taxes, unemployment insurance and
similar taxes relating to employees and shall be responsible for all applicable withholding
taxes. Nothing contained in this Agreement shall create or be construed as creating a
partnership, joint venture, employment relations, or any other relationship except as set
forth between the parties. The parties specifically acknowledge and agree that
CONTRACTOR is not a partner with CITY, whether general or limited, and no activities of
CITY or CONTRACTOR or statements made by CITY or CONTRACTOR shall be
interpreted by any of the parties hereto as establishing any type of business relationship
other than an independent Contractor relationship.
29. VALIDITY.
The invalidity in whole or in part of any provision of this Agreement shall not
void or affect the validity of any of the other provisions of this Agreement.
30. GOVERNING LAW.
This Agreement shall be governed by and construed in accordance with the
laws of the State of California. Any legal action relating to or arising out of this Agreement
shall be subject to the jurisdiction of the County of Orange, California.
16
Page 108 of 124 3094317.1
ATTACHMENT 3
31. ATTORNEY'S FEES.
In the event any legal proceeding is instituted to enforce any term or provision
of this Agreement, the prevailing party in said legal proceeding shall be entitled to recover
attorney's fees and costs from the opposing party in an amount determined by the Court to
be reasonable.
32. NO THIRD PARTY BENEFICIARY RIGHTS.
This Agreement is entered into for the sole benefit of the CITY and
CONTRACTOR and no other parties are intended to be direct or incidental beneficiaries of
this Agreement and no third party shall have any right in, under or to this Agreement.
33. ASSIGNABILITY
This Agreement may not be sold, transferred or assigned by either party, or by
operation of law, to any other person or persons or business entity, without the other party's
written permission. Any such sale, transfer or assignment, or attempted sale, transfer or
assignment without written permission, may be deemed by the other party to constitute a
voluntary termination of this Agreement and this Agreement shall thereafter be deemed
terminated and void.
34. WAIVER.
No waiver of any provision of this Agreement shall be effective unless in writing
and signed by a duly authorized representative of the party against whom enforcement of a
waiver is sought referring expressly to this Paragraph. The waiver of any right or remedy in
respect to any occurrence or event shall not be deemed a waiver of any right or remedy in
respect to any other occurrence or event, nor shall any waiver constitute a continuing
waiver
35. HEADINGS.
17
Page 109 of 124 3094317.1
ATTACHMENT
Section and subsection headings are not to be considered part of this
Agreement, are included solely for convenience, and are not intended to modify or explain
or to be a full or accurate description of the content thereof.
36. COUNTERPARTS.
This Agreement may be executed in one or more counterparts by the parties
hereto. All counterparts shall be construed together and shall constitute one Agreement.
37. CORPORATE AUTHORITY.
The persons executing this Agreement on behalf of the Parties hereto warrant
that they are duly authorized to execute this Agreement on behalf of said Parties and that
by doing so, the Parties hereto are formally bound to the provisions of this Agreement.
38. ADDITIONAL SERVICES.
CONTRACTOR shall not receive compensation for any services provided
outside the scope of the Contract Documents unless such additional services, including
change orders, are approved in writing by CITY prior to CONTRACTOR performing the
additional services.
It is specifically understood that oral requests or approvals of such additional services,
change orders or additional compensation and any approvals from CITY shall be barred
and are unenforceable.
18
Page 110 of 124 3094317.1
ATTACHMENT 3
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by and through their respective authorized officers, as of the date first above
written
ATTEST:
City Clerk of the City of Costa Mesa
APPROVED AS TO FORM:
City Attorney
APPROVED FOR CONTENT:
Project Manager
CITY OF COSTA MESA
Mayor of the City of Costa Mesa
CONTRACTOR:
(Name)
Title:
State License No.:
Federal Tax I.D. No.:
Address:
Telephone:
19
Page 111 of 124
3094317.1
ATTACHMENT 3
CITY OF COSTA MESA, CALIFORNIA
COUNCIL POLICY
POLICY NUMBER I EF DATE I PAGE
SUBJECT jj
DRUG-FREE WORKPLACE I 100-5 I 8/08/89 I 1 OF 3
BACKGROUND
Under the Federal Drug -Free Workplace Act of 1988, passed as part of omnibus drug legislation enacted
November 18, 1988, contractors and grantees of Federal funds must certify that they will provide drug-free
workplaces. At the present time, the City of Costa Mesa, as a subgrantee of Federal funds under a variety of
programs, is required to abide by this Act. The City Council has expressed its support of the national effort to
eradicate drug abuse through the creation of a Substance Abuse Committee, institution of a City-wide D.A.R.E.
program in all local schools and other activities in support of a drug-free community. This Policy is intended to
extend that effortto contractors and grantees of the City of Costa Mesa in the elimination of dangerous drugs in
the workplace.
PURPOSE
It is the purpose of this Policy to:
1. Clearly state the City of Costa Mesa's commitment to a drug-free society.
2. Set forth guidelines to ensure that public, private, and nonprofit organizations receiving funds
from the City of Costa Mesa share the commitment to a drug-free workplace.
POLICY
The City Manager, under direction by the City Council, shall take the necessary steps to see that the following
provisions are included in all contracts and agreements entered into by the City of Costa Mesa involving the
disbursement of funds.
1. Contractor or subgrantee hereby certifies that it will provide a drug-free workplace by:
A. Publishing a statement notifying employees that the unlawful manufacturer, distribution,
dispensing, possessing, or use of a controlled substance is prohibited in Contractor's and/or
subgrantee's workplace, specifically the job site or location included in this contract, and
specifying the actions that will taken against the employees for violation of such prohibition;
B. Establishing a Drug -Free Awareness Program to inform employees about:
1. The dangers of drug abuse in the workplace;
D-1
3094317.1
Page 112 of 124
ATTACHMENT
CITY OF COSTA MESA, CALIFORNIA
COUNCIL POLICY
NUMBER EFFECTIVE
F E
SUBJECT NI DUE I PAGE
DRUG-FREE WORKPLACE 1 100-5 1 8/08/89 1 2 OF 3
2. Contractor's and/or subgrantee's policy of maintaining a drug-free workplace;
3. Any available drug counseling, rehabilitation and employee assistance programs; and
4. The penalties that may be imposed upon employees for drug abuse violations occurring
In the workplace.
C. Making it a requirement that each employee to be engaged in the performance of the
contract be given a copy of the statement required by Subparagraph A.
D. Notifying the employee in the statement required by Subparagraph 1.A that, as a condition
of employment under the contract, the employee will:
1. Abide by the terms of the statement; and
2. Notify the employer of any criminal drug statute conviction for a violation occurring in the
workplace no later than five (5) days after such violation.
E. Notifying the City of Costa Mesa within ten (10) days after receiving notice under
Subparagraph 1.D.2 from an employee or otherwise receiving the actual notice of such
conviction.
F. Taking one of the following actions within thirty (30) days of receiving notice under
Subparagraph 1.D.2 with respect to an employee who is so convicted:
1. Taking appropriate personnel action against such an employee, 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 1.17, inclusive.
2. Contractor and/or subgrantee shall be deemed to be in violation of this Policy if the City of
Costa Mesa determines that:
A. Contractor and/or subgrantee has made a false certification under Paragraph 1 above.
D-2
3094317.1
Page 113 of 124
ATTACHMENT 3
D-3
3094317.1
Page 114 of 124
ATTACHMENT 3
CITY OF COSTA MESA, CALIFORNIA
COUNCIL POLICY
POLICY EFFECTIVE
SUBJECT NUMBER BATE PACE
DRUG-FREE WORKPLACE 100-5 8/08/89 3 OF 3
B. Contractor and/or subgrantee has violated the certification by failing to carry out the
requirements of Subparagraphs 1.A through 1.G above.
C. Such number of employees of Contractor and/or subgrantee have been convicted of
violations of criminal drug statutes for violations occurring in the workplace as to indicate
that the Contractor and/or subgrantee has failed to make a good faith effort to provide a
drug-free workplace.
3. Should any Contractor and/or subgrantee be deemed to be in violation of this Policy pursuant to
the provisions of 2.A, B and C, a suspension, termination or debarment proceeding subject to
applicable Federal, State, or local laws shall be conducted. Upon issuance of any final decision
under this section requiring debarment of a Contractor and/or subgrantee, the Contractor
and/or subgrantee shall be ineligible for award of any contract, agreement or grant from the City
of Costa Mesa for a period specified in the decision, not to exceed five (5) years. Upon
Issuance of any final decision recommending against debarment of the Contractor and/or
subgrantee, the Contractor and/or subgrantee shall be eligible for compensation as provided by
law.
D-3
Page 115 of 124 3094317.1
CERTIFICATE OF INSURANCE Page I of 2
CERTICATF HOLDER INSURANCE COMPANIES AFFORDING COVERAGES'
City of Costa Mesa
77 Fair OrNe dampany A
A 0. Box 1200 Lane,
Costa Mesa. CA 925213-1200
NAME AND ADDRESS OF INSURED
E
This is to certify that policies of insurance listed below have been issued to the insured named above and are in force
at this time, including attached endorsement(s).
COMPAN io61� �Ljmrrs OF L�LMTLIFY'iiq rriousANO
.0�
TYPE OF PMPJ.NC E Esch oow� Aga�gm
E NO. EXP. DATE
nsi,e Fann Bodily trM : S 5
-gra " D -law
& 0011ame Hazard prop
I I BodI I
Bodily W" am
PiaMity Darnap Combined I S 5
Personal kwy I 1 5
3
O+Med
Nan awned
EXCESS LIABUTY
Other than UmDrefla Fan panto Cooftied
LWORKERS' COMPENSATION Statutory
AND EMPLOYER'S LIABILITY (Each Acodent)
NOTE; The Comprehensive General Liability policy anther Automotive Liability policy Ware endorsed with the City
of Costa Mesa Endorsement(s) shown on the reverse side.
CANCELLATION: 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. -
By. Agency:
Description of operationsilocationsivehicles: All oparafions performed for the City of Costa Mesa by or on behalf oft a
named insured in connection with the following designated contract:
mro'w Ink and comract M..W)
NOTICE: This certificate or verification of insurance is not,an Insurance policy and does not amend, extand or alter
the coverage afforded by the policies listed herein. Notwithstanding any requirement, term or condition of any
contract of other document with respect to which this certificate or verilicallon of insurance may be issued or
may pertain, the insurance afforded by the policies described herein Is Subject to all the terms. Exclusions and
conditions of such policies. Inicluding attached endorsements.
te.343
Page 116 of 124
ATTACHMENT 3
3094317.1
ATTACHMENT
POLICY NUMBER: COMMERCIAL GENERAL LIAi3IL17Y
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED -- DESIGNATED PERSON OR
ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART.
SCHEDULE
Name of Person or Organization:
The City of Costa Mesa and its elected and appointed boards, offloers, agents, and employees are
additional insureds with respect to the subject project and agreement.
(If no entry appears above, information required to complete this endorsement will be shown in the
Declarations as applicable to this endorsement;)
WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in
the Schedule as an insured but only with respect to liability arising out of your operations or premises owned by
os rented to you.
Said policy shall not terminate, nor shall it be canceled nor the coverage reduced, until thirty (30) days
after written notice to City;
Any other insurance maintained by the City of Costa Mesa shall be excess and not contributing with the
insurance provided by this policy.
CG 20 26 1186 Copyright, Insurance Services Office, Inc., 1984
W1105
Page 117 of 124
ATTACHMENT 3
POLICY NUMBER: COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - COMPLETED OPERATIONS
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL. LIABILITY COVERAGE PART.
SCHEDULE
ime of Person or Organization:
e City of Costa Mesa and its elected and appointed bi
ditional insureds with respect to the subject project,.@n
n And Description of
itional Pybrniu:
( I- . /
ents, Ond �nplolyees are
(If no entry apparsabi ati squired to complete this endorsement will be shown in the
Declaration s p lic�:,t
thi dorsement.)
Section It — Who Is n Insured is amended to include as an insured the person or organization shown in
the Schedule; my with respect to liability arising out of "your work" at the location designated and
described in the schedule of this endorsement performed for that insured and included in the "products -
completed operations hazard".
Said policy shall not terminate, nor shall it be canceled nor the coverage reduced, until thirty (30) days
after written notice to City.
Any other insurance maintained by the City of Costa Mesa shall be excess and not contributing with the
insurance provided by this policy.
CG 20 37 10 01 ISO Properties, Inc., 2000
s/1ros
Page 118 of 124
ATTACHMENT 3
WC 04 03 06 (Ed. 04184)
WAIVER OF OUR RIGHT TO RECEIVER
FROM OTHERS ENDORSEMENT - CALIFORNIA
This endorsement changes the policy to which it is attached and is effective on the date issed
unless otherwise stated.
(The following `clause' need be completed only when this endorsemnt isd subsequent to
preparation of the policy.) .,411F
This endorsement, effective on
Policy No.
of the Insurance Company
Issued to:
Policy Expiration Rate:
Premium (if any):
We have the right to recover ai
policy. We will not enforce our rii
(This agreement applies only to
requires you to obt whis agree
You must maintain I
while engaged in the
The
Person or
at 12:01 a.m.
Endorsement No.
Representative
a part of
yond%ble for an injury covered by this
son or organization named in the Schedule.
perform work under a written contract that
segregating the remuneration of your employees
-hedule.
its endorsement shall be % of the California workers
rwise due on such remuneration.
SCHEDULE
Job Description
Page 119 of 124
ATTACHMENT
Bond Number
FAITII"L PERFORMANCE BOND
PUBLIC WORK
(The premium charge on this bond is S , being at
the rate of $ per thousand of the contract price)
KNOW ALL MEN 13'Y THESE PRESENTS!
THAT, WHEREAS the. CITY OF COSTA MESA, 77 Fair Drive, Costa Mesa, California 42626, has
entered into a contract dated . 20___, which is hereby incorporated by reference
herein, with
hereinafter designated as the "Principal," for the work described as follows;
and
WHEREAS, said Principal is required by the terms of said contract to furnish a bond for tate
faithful performance of said contract.
NOW, THERI FORE, We the Principal, and
a corporation organized and existing under the laws of the State of
and duly authorized to transact business under the Iaws of the State of California, as. Surety, are held and
firmly bound unto the CITY OF COSTA MESA in the penal sum of
Dollars (S ), lawful money of the United States, for the payment of
which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, and
successors, jointly and severally, firmly by these presents.
The Condition Of This Obligation Is Stack, Tbat, if the above bounden Principal, his or its heirs,
executors, administrators. successors or assigns, shall in all things stand to and abide by, and well and
truly keep and perform the covenants,, conditions -and agreements in the said contract and any alteration
thereof made as therein provided, or his or their part, to be kept and performed at the time and in the
manner therein specified, and in all respects according to their true intent and meaning. and shall
indemnify and save harmless the CITY OF COSTA MESA, its officers and agents, as therein stipulated,
then this obligation shall become null and void; otherwise it shall be and remains in fuel force and virtue.
And the said Surety, for value received, hereby stipulates and agrees that no chastgc, extension of
time, alteration or addition to the terms of the contmi ct or to the work to 'be• performed thereunder or the
specifications accompanying the same shall in any wise affect its obligations on this bond, and it does
hereby waive notice of any such change, extension of time, alteration or addition to tate terms of the
contract or the work or ro the specifications.
IN WITNESS WHEREOF. We have hereunto se% our hands and seals this
day of , 20_,
City of Costa Mesa Form -- Public Work 2/00
Page 120 of 124
ATTACHMENT 3
Bond Number
LABOR AND MATERIAL BOND TO ACCOMPANY CONTRACT
PUBLIC WORK
KNOW ALL MEN BY THESE PRESENTS:
THAT, WHEREAS the CITY OF COSTAIVESA, 77 Fair Drive, Costa Mesa, California 42626, has awarded
to
hereinafter designated as the "Contractor," a contract which is hereby incorporated by reference herein, for the
work described as follows;
and
WHEREAS, said Contractor is required by the provisions of Chapter 7, Division 3, Title 15, Sections
3247-3248, Civil Code to furnish a bond in connection with said contract, as hereinafter set forth.
NOW, THEREFORE, We
the undersigned Contractor, as Principal, and
a corporation organized and existing under the laws of the State of
and duly authorized to transact business under the laws of the State of California, as.Surety, are held and firmly
bound unto the CITY OF COSTA MESA in the penal stun of
Dollars ($
), said sunt being not less than one-half of the estimated
amount payable by the said CITY OF COSTA MESA under the terms of the contract, for which payment well
and truly to be matte, we bind ourselves, our heirs, execrators and administrators, successors and assigns,
jointly and severally, firmly by these presents.
The Condition Of This Obligation Is Such, That. if said Contractor, his or its heirs, executors,
administrators, successors or assigns, or sub -contractors, shall fail to pay for any materials, provisions,
provender or other supplies or teams, implements or machinery used in, upon, for or about the performance of
the work contracted to be done, or for any work or labor thereon of any kind, or for amounts due under the
Unemployment Insurance Code with'respect to such work, or labor performed under the above contract, or for
any amounts required to be deducted, withheld, and paid over to the Employment Development Department
from the wages of employees of the Contractor and sub -contractors pursuant to Section 13020 of the
Unemployment Insurance Code with respect to such wont and, labor, the surety or sureties herein will pay for
the same in an amount not exceeding the sum specified in this bond, otherwise the above obligation shall be
void. In case suit is brought upon this bond, the said.Surety will pay a reasonable attorney's fee to be fixed by
the court This bond shall inure to the benefit of any and all persons, companies and corporations entitled .to
file claims under Section 3181 of the Civil Code, so as to give a right of action to them or their assigns in any
suit brought upon this bond. And the said Surety, for value received, hereby stipulates and agrees that no
change, extension of time, alteration or addition to the tetras of the contract or to the work to be performed
thereunder or the specifications accompanying the same shall in any wise affect its obligations on this bond,
and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of
the contract or to the work or to the specifications.
IN WITNESS WHEREOF, We have hereunto set our hands and seals this day of
ao, .
City of Costa Mesa Form — Public Work 22/00
Page 121 of 124
ATTACHMENT 3
City of Costa Masa, Department of Public Services
Application and Permit for Work Described.Below PERMIT
Na.
VENDOR N0.
Address or Location of Woik Date
Type of work to be Done _
start Date Permit Not Valid After (Expiration Date) Plan No,
Centraetoes Nana Address
Telephone No. (Day) (Night) Cityand State
State License NoJCtass City Business License No.
Appllranft Name Address
Telephone No. Developers Name Telephone No.
Name of Insurance Co. Insurance W. No.(s)
24 -Noor Emergency Contact Telephone W.
Bond S FEES 48 HOURS MINIMUM REQUIRED PEP -MIT APPROVED FOR CrrY ENGINEER
cash Deposit $ FOR PROCESSING PERMIT
BY
Issuance $ Date
Inspection $ Account #
TOTAL $ Underground SeMoe deft ID No.
Pamtitlee shell conhad the City Inspectors ofAco (7114.5025) at least 24 hours prior to commencing anywork. Faikwe to obtain paper insppdons prior to commencement of work may
be cause for its re)ection, THIS PF..RNI T WITH APPROVED PLANS MUST BE ON THE JOB AND AVAILABLE TO CITY REPRSSSNTATfVES AT ALL TIMES. You are guided by
Municipal Code 5ec11ona 1-S3.15-25-,15-27, 1 160 and 15-4a.
THE UNDERSIGNED PERMrr EE HEREBY CERTIFIES:
1. That all work shall be performed Irl accordance with the Standard Spec RwIllons for Publlg Works Constnutlon (latest adtion); Stanrlard Orewings of the City of
Costa Mesa; special agency pmvWcm: and all applicable laws and ordinances,
2. Control of trafino shal'confonn to its Work Area TrafTle Conft l Handbook (WA.T.C.H.) detest e0w). The permittee shall fumish ardor Instafl all argna, 11",
barricades, trafftc control or warnIn devkae, flagmen and Flashing arrow board The permittee shall obtain approval of the Transportalbn Services Engineer for all street
closures, debet, tum restrictions, parking prohibitions and meftds of accommodating traffic. The permittee shall rledfy Emergency, Ere and Police services and
res{dents or businesses tw"ty-four (24) hours In advance of any access limitalim crtraf6c restrictions.
3. That a rr Wmum of lanes} may be dosed If necessary to perform work wlthln the public right of way during the hours of Oi30 am?. • 3:30 pffL Monday through
Friday as long as trafAc can be maintained in each dlrsc06n with flagmen unless otherwise approved byte Transportation Sawicas Eng neer.
4. That throughout all phases of constmotibn the vmrk site shall be kept dean and five of rubbish, debris and dust and drainage shall be mainbined.
SUBJECT TO T11Z NOTES BELOW: (lnspection fees neer the basic I%pacllon time will be biifed at the approved hourly rata,)
1. Clly will pra�fde Inspection between 7:30 a.m. and 3;00 p.m„ Monday through Friday (excepton Cityabsenred holidays).
2. Prior to placing Portland Cemant Concrete orAsphalt Concrete (&Cj, IN following toll have been inspected and approved; native Q and imported I3.
3. Crab and 9utlar4halt not bo removed on the day prior to a weekend or a City observed holiday.
4. FII in areas islt by out and gutter removal Hush with the ad)acerd pavement on the same daythat remwal occurs.
b. Bore order all sireats, Oxbs and gutters, sidewalks, oross-outters and driveway approaches. Tunneling is not ailwrsd.
9. Open excavations must be bacddiW or plated with spikes and A.C. tacked around edges during non -waking hours.
7. Sidevrak shall be construded per City of Costa Mesa Starrdard Drawing No.
a. Drivewayapproadt shall be oonsbucted per City of Costa Mesa StandardOrawing Na
9. No traffic allowed on concrete for minimum of swan days for curing See trafflecanbo) above.
10. Trench compaction and resurfacing shall conformto Cihrof Costa Mesa Standard Drawing No, 813,
11. Trandses exceeding Ave M feet in depth require a pamrR from the Division of industrial Safely, State of California.
12. Psmrlttee shall pay for all 8,E„ compaction and matatials tests dawned necessary by on City.
13. Al tr ichw shall be permana-rdy patched wffhfn ten (10) days of completion of work below subgrads.
14. PerrilKee shall provides the Qty with record drawings of permitted work before final inspection by Uta City.
15. Permitteo understands and agrees to the hold -harmless agreement required byCMMC Section 15.97 and printed onthereveree ofihisapplication,
18. Other.
NOTICE: Coftectormustri*f the foliawingUtiNtyCompanlestwo working days befumstaringwork:
Costa Mesa Sanitary INtMat Mesa Consdidated Water Dlaidd UNDERGROUND SERVICE ALERT
(714) 6314731 714) 831-1200 Toll Free • 1-800.02.4133; After Hours & Holidays -(714)731I-=1; (213) 82131 ii
INSPECTION RECORD Inspector of Records
CERTIFICATE OF FNSPECMN
I tvrebY 0000 that the street work
ollcrNoodd by thispermit has been
canstntded according to the plans
and spedficatims and I hereby
accept the work In thla manner.
6 y,
InVWor
Data
Date
White- Imw, dors103 1 certify I have read and understand all of the above and that all statements. made are connect and complete.
yJhlta - Inspectors;
cway-Engrossing;
Pink prod - e
Gacanfs Signature Date
WRnros-APWIcarA '� f
3 COPIES OF SKETCHES OR PLANS ARE REQUIRED PRIORTO PERMIT ISSUANCE
THIS APPLICATION BECOMES A PERMIT WHEN APPROVED AND VALIDATED
Page 122 of 124
Business Name
Parent Company Name
X Cane Owb.u)
APPLICATION FOR BUSINESS LICENSE
SEND YOUR CHECK MADE PAYABLE TO THE CITY OF COSTA MFSA
TREASURY MANAGEMENT DWISION, PO BOX 1200, COSTA MESA, CA 92628-1200
(714) 754-52;4 TDD: (714) 754.5264
ATTACHMENT 3
Note. Business address will be compared to union requirtmenta hdom apprmvl Check wM tho Plsooing Division regarding the nae of the 16eadon it (114)7M-245.
245.
Business Address
(C.cot b. e P.0, B.* st—,H sh—ii mr Wnla cy SIN, 21y
Malling Address
(c.. be a p.O. 6.4 61-tt
Business Telephone # ( )
Ownership (Check One only)
QSoleOwner ®Corporation
OLimited Liability Partnership
Seller's Permit No.
prAppa..bk)
alre.t bum
Business Start Date No. of Employees (on average)
Partnership Husband & Wife C"wnership ®Limited Liability Company
Contractors: State No. &Class
(rfAppf h )
Federal Employer ID # or, Owner's Social Security # Federal Firearms License # (irapplidable)
OWNER'S OR PRINCIPAL'S NAMES)
Name _ Name
Rome Address Hume Address
City Zip _ City "Lip
Telephone # ( 7 Title Telephone# f ) Title
Drivers License No, bate of Birth Drivers License No. Date of Birth
TYPE OF BUSINESS
PLEASE CIRCLE ONE: Wholesale/ltetalU6lanufacturing/Services/Non-ProftlAdministrativeOnly/Warchousef Other
Polly Describe Business Operation:
Standard Industrial Class Code (SIC)
Alcohol Beverage Control Permit No. Department of Motor Vehicles Permit #
617Applierblo) (Rcq-1rcd for automobile/motorkyele ealee burins..)
Hours of Operation (M -F) (S -SU) Numberol'Rental Units/Rooms/Spaces
(CommamiaNudustrid oabv) (lC Apph'ceble)
THEA
GENERAL BUSINESS
(wholesale, retail, professional, Eta)
Enter Annual Gross Iteceipts Amount S
And Circle the corresponding category below
Aminal Cross nowiais Tax
50,00 to 11000,00 ......................._...S0.00
5!.00(1.07 to 251000.00 :.........................525.00
$25,000.01 to 40,000.a0 ..........................53&00
$40,000.01 to 75,000.00 ........................ _545.00
$75,000.01 to 700,000.00 .................... _.... 560.00
5200,000.01 to 5001000100 .................... _..SID0.00
CONTRACTOR
(California Licensed) Total tax due 2N.00
FEES BELOW
Altnch
for waiver of tax
SUQW,EXHIBITION. SWAP MEET 'fax on the Promoter's Grass
Receipts from the Gross Receipts schedule to the left .................. _.._.......
............................. _..... Enter the tax doe am aunt here 5
PLUS .....................(ft of sellers x 35= S ... 1
EQUALS
.................................. _...... TOW tax due 5
ADMDMTRATIYE OPFICES/WAREHOUSES
(Fees based on annual operating expenses when no receipts generated)
Enter annual operating expenses amount $
Use Gross Receipts schedule in the left to determine business license tas.
VEHICLE WR'EEL, TAXI, TOW TRUM BUS
Number of Vehicles: R 325.00 =Total Tax Due S
Will you store, handle or use 55 gallons, 500 pounds or 200 cubic feet of hazardous materials per year? Yes Q— No p_
Will you have an assembly room with a1 occupant load ol'50 or more persons? Yeses_ No F1
Will you bo installing a spray booth? Yesa— No
Will your business produce dust/wood shavings or othermaterial? Yes ❑ No 1B_
Will you be storing or using flammable or combustible liquids or compressed gases? . Yea �— No=
Will you bei warehousing materials higher than 12 feel? Yes jZ_ No ❑
Fire Department approval renuired fur any "Yesr' answer. Please make an appointment by calling (714) 754-5128,
Your Business License will be issued under the provisions of Municipal Code Section 9-1. You are cautioned that this License does norpermit operation of a
business in violation of other Municipal Cale Sections. There will be no tax refund if you are found operating illegally alter the Certificak has been issued. Your
business location will be checked by Planning, Building, and, if necessory, Fire Department officials. lfyou have any doubt whcthur your business location and/or
building may conform with the requimnems of the Municipal Code Rdminisburd by these departments,. you are urged to contact these departments for foYtter
information before filing your application. "* Sales or use tax may a ro)v_W your business activities. You may seek mitten a&ico regarding the application oftax to
your particular business by writing or visiting the nearest State Board of Equalization. r4 I declare under penalty ofpcqury that to the best of my knowledge and
belief, the statements made herein are correct and truu and that acceptance of payment dam not consulate approval of the Business License. Authoriation to
wnduct business is not granted until issuance of the licrosc.
Authorized
Signature TGIe Date.
FOR ary OFFIcr asrWL r
Planning Approval Date Approved CUP Required? CUP #
Suilding Approval Date Approved Comments
Fire Department Approval Date Approved
Page 123 of 124
ATTACHMENT 3
3094317.1
Page 124 of 124