HomeMy WebLinkAbout- - Signs and Markings Services Request for - 10/18/2011CITY COUNCIL AGENDA REPORT
MEETING DATE: October 18, 2011 ITEM NUMBER: I CC i 0
SUBJECT: SIGNS AND MARKINGS SERVICES REQUEST FOR BIDS
DATE: OCTOBER 4, 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 the Notice to Bidders and
Request for Bids for Signs and Markings Services (Attachment 3) based upon the analysis
provided by both the Signs and Markings Services Contracting Committee and 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 14, 2011 the Signs and Markings Services Contracting Committee met to
discuss the duties and responsibilities of the Signs and Markings 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 Signs
and Markings program:
1. Maintain existing service level at existing cost
2. Maintain existing service level at lower cost by reorganization
3. Contract with a private provider
4. Contract with another public entity
5. Re-establish previous staffing levels to provide all services. Determine if contracting in
with other agencies exist
On September 20, 2011 the Contracting Committee met to discuss, clarify and finalize the
alternatives/options and the draft Bid documents. 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 Bid documents for Signs and Markings Services, 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
request so that appropriate cost analysis and comparisons in level of service can be made. The
services involved in graffiti abatement primarily fall into the "public works" characterization 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.
As directed under Council Policy 100-6, the above is an analysis addressing the available
alternatives for service delivery as outlined by the Signs and Markings Services 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 Signs and Markings Services Contracting Committee.
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 documents a complete analysis of the proposals and the
costs for each will be provided to the City Council at that time.
CONCLUSION:
Staff recommends releasing Bid Documents for Signs and Markings Services based upon the
analysis provided by both the Signs and Markings Services Contracting Committee and the
Public Services Department.
Z7XZV d, ;J74
homas R. Hat h
Chief Executive Officer
Attachment: Attachment 1
Attachment 2
Attachment 3
4 41�►_
is,-
• r-
Contract Committee Analysis Memo
Departmental Analysis
Draft Bid documents
2
Attachment 1
CITY OF COSTA MESA
^'DEPARTMENT
INTEROFFICE ME MORANDUM
TO: THOMAS R. HATCH, CHIEF EXECUTIVE OFFICER
FROM: BOBBY YOUNG, FINANCE AND IT DIRECTOR
DATE: SEPTEMBER 25, 2011
SUBJECT: SIGNS AND MARKINGS CONTRACTING COMMITTEE
Council Policy 100-6, provides guidelines for evaluating the potential contracting of on-going City
services on a Tong -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:
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,
- determining if outside comparative data would be useful.
On September 14, 2011 the Signs and Marking Contracting Committee met to discuss the duties and
responsibilities of the Signs and Markings 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 Signs and Markings program.
On September 20, 2011 the Committee met to finalize and approve the draft RFP and analysis of the
alternatives.
The following are alternatives for the Signs and Markings program with analysis included.
1. Maintain existing service level at existing cost.
Currently the adopted FY 11-12 budget provides 2 full time staff and a portion of a supervisor to
provide the current level of service. This level of service includes contracting out a portion of
the straight line markings work, while having staff maintain other markings. With current
available equipment, staff is completing all sign work in house. Due to an increase of vacant
positions, staff does not believe the City will be able to sustain this level of service for the future.
See option #2 below,
Attachment 1
2. Maintain existing service level at lower cost by reorganization.
The committee recognizes that the City could contract the entire markings service/workload
while maintaining current staffing to provide current service levels for signage. Current staff
produces and maintains City signage for: all roadway/streets (both residential and arterials),
facilities, vehicles, equipment, miscellaneous as needed or requested by City personnel. New
federal standards required for reflectivity will place a greater importance on maintaining and
upgrading City signage. The City has already begun meeting the new standards and has
equipment necessary to complete the upgrade,
3. Contract with a private provider.
The City could contract out for all signs and markings services needed. The City currently
contracts out a portion of the markings services (as explained in 41 above), however all signage
services are performed by in house staff. The Committee did not believe a survey of surrounding
Cities would be helpful because the amount of services provided may not be comparable.
However, the committee does recognize the possibility that some cities contract out all the
services and therefore a bid/proposal could be issued to determine a cost comparison for similar
work.
4. Contract with another public entity.
The City could look to another public entity to assist with or provide signs and marking services.
Unfortunately there are no examples of this option available, however the committee recognizes
the possibility exists. It would require City staff contacting other cities to determine if the desire
and ability are available.
5. Re-establish previous staffing Ievels to provide all services. Determine if contracting in
with other agencies exist.
The City could reestablish the previous staffing levels of 6 staff members and a supervisors time
to complete all signs and markings work in house. The committee recognizes that with this
staffing level, the City could either contact other cities or look for proposals to bid on work from
other public agencies. This option would require more studies to be completed to determine
what level of costs could be offset by additional outside work.
As directed under Council Policy 100-6, the above is analysis addressing the available alternatives for
service delivery as outlined by the Signs and Markings Contracting Committee. Attached is a drafted
bid prepared by Public Services Department staff, reviewed and approved by the Committee, should you
desire to present it to City Council.
The Signs and Markings Contracting Committee is available should you have any questions or request
more information.
e�elA�
Bobby Yn
Finance a lie—cotor—
Attachment 2'
CITY OF COSTA MESA
Department of Public Services
INTER OFFICE MEMORANDUM
TO: Tom Hatch, Chief Executive Officer
FROM:WErnesto Munoz, Interim Director, Public Services Department
DATE: October 10, 2011
SUBJECT: Analysis of Alternatives Proposed by the Signs and Markings
Contracting Committee
The Public Services Department has reviewed the alternatives for contracting Signs and
Markings Services as outlined in the September 25, 2011 memorandum from the
Contracting Committee. The following analysis is provided for the five alternatives as
requested.
Alternative 1: Maintain existing service levet at existing cost,
Pros: At current staffing and budget this alternative can continue to provide a
limited level of service emphasizing high priorities only. The contracted
services are administered and supervised by existing staff. Institutional
knowledge is preserved with this alternative. Mandates and rules of the
Manual Uniform Traffic Control Devices (MUTCD) are reliably followed.
Cons: Cost associated with the existing organizational structure in this
service area are dependent on employment contracts and negotiated
cost of contracted services. With current vacant positions and budget
levels only minimum service necessary for safe, legal roadway markings
is allowed. Traffic sign manufacturing, installation and maintenance is
provided on a priority basis. Staffing levels must be maintained to
continue to provide the existing level of service.
Alternative 2. Maintain existing service at lower cost by reorganization
Pros: This alternative would provide satisfactory service staffing levels to the
Sign Maintenance Program while maintaining a balance between in-
house and contracted services providing additional flexibility. Contracts
for the markings service/workload may be written to require increased
service levels if needed in the near future.
Cons: The City's inventory of roadway markings would have to be included in
the services contract, as no staff would remain to keep the inventory
current with the field work performed. Cost is susceptible to changes in
the market conditions. This alternative could also increase cost over in-
house costs due to the "piece work" required to adequately maintain all
the markings in the City. Additional equipment may be needed to be
purchased to meet new federal standards.
Attachment 2
Alternative 3. Contract with a private provider
Pros: This alternative could provide adequate service levels by contracting
all the functions under this service area. Contracts may be written to
require increased levels of service and responsiveness by the contractor.
This alternative will also reduce permanent staffing and equipment costs.
Competitiveness will be assured through the annual public bid process,
resulting in potentially lower costs. ,
Cons: Lack of institutional knowledge and contract may limit flexibility'of
contracted staff to address other functions and responsiveness to citizen
complaints may suffer. Traffic sign design and manufacturing costs
could potentially increase and special requests for signage in support for
other departments would be more costly. Will necessitate appropriate
staff to manage and oversee contract, which may reduce cost
effectiveness. Cost is susceptible to market conditions.
Alternative 4. Contract with another public entity
Pros: This alternative could provide adequate service level of service.
Potential reduction in costs for desired services may result due to a
reduction in permanent staffing and equipment costs. Will maintain
knowledge of legislative mandates and procedures for public entities.
Cons: Will require administration of maintenance agreement. Limits the
ability to allocate staff to priority areas, and reduce the versatility of
having the City's own staff or managing an on-call contractor. May also
reduce response time.
Alternative 5. Re-establish previous staffing levels to provide all services.
Determine if contracting with other agencies exist.
Pros: Establishes a high level of service. Provides a comprehensive sign
and marking program meeting all federal and state requirements.
Flexibility is provided across the various functions in this service area.
Ability to allocate staff to priority areas. Institutional knowledge is
preserved. This alternative also provides adequate time to conduct
proper analysis of contracting with other agencies to offset operational
costs.
Cons: Costs associated with re-establishing the organizational structure in
this service area are dependent on employment contracts and changes in
the market. Costs associated with this alternative will also be higher than
currently budgeted.
cc: Tamara Le Tourneau, Interim Assistant CEO
Bobby Young, Finance and IT Director
Attachment 3
CITY OF COSTA MESA
ORANGE COUNTY, CALIFORNIA
NOTICE TO BIDDERS, PROPOSAL, CONTRACT AND SPECIAL PROVISIONS FOR
ROADWAY MARKINGS AND TRAFFIC SIGN MAINTENANCE
CITY PROJECT NO.
DATED: 2011
Copy No. Checked by
1
Attachment 3
TABLE OF CONTENTS
2
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
2
Attachment 3
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
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 CONTRACTOR'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
3
Attachment 3
TABLE OF CONTENTS
(CONTINUED)
PAGE NUMBER
PART 1 - GENERAL PROVISIONS (CONTINUED)
7-10 PUBLIC CONVENIENCE AND SAFETY.......................................................... 15
7-10.1 TRAFFIC AND ACCESS.............................................................................. 16
7-13 LAWS TO BE OBSERVED............................................................................ 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
4
Attachment 3
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 ROADWAY MARKINGS AND TRAFFIC SIGN MAINTENANCE, 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. In addition,
bidder shall satisfy and comply with the work zone safety requirements set forth in Attachment _
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
City Clerk,
City of Costa Mesa
Dated: (date of the advertisemen0
1051
5
Attachment 3
INFORMATION FOR BIDDERS
PREPARATION OF BID FORM: The City invites bids on the form attached to be submitted at
such time and place as is stated in the Notice Inviting Bids. All blanks in the bid form must be
appropriately filled in. All bids shall be submitted in sealed envelopes bearing on the outside the
name of the bidder, his address, and the name of the project for which the bid is submitted. It is
the sole responsibility of the bidder to see that his bid is received in proper time. Any bid
received after the scheduled closing time for receipt of bids will be returned to the bidder
unopened.
2. QUALIFICATION OF BIDDERS: Each bidder shall submit a list of Construction Project
References indicating Public Works and/or similar construction projects completed or in progress
within the last 24 months. Forms for this purpose are 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: Pursuant to Public Contract Code section 7106, Contractor shall
execute a Non -Collusion Affidavit, in a form provided by CITY, which is attached and
incorporated herein.
5. 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.
E.
Attachment 3
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 or which could not reasonably have been
discovered prior to bid opening shall be submitted in writing to the CITY, within forty-eight (48)
hours from receipt of notice from the Owner advising of the recommendation for award of
contract. Failure to comply with these requirements may result in rejection of the protest.
11. AGREEMENT AND BONDS: The Agreement form, which the successful bidder, as Contractor,
will be required to execute, and the forms and amounts of surety bonds and Certificate of
Insurance which he will be required to furnish prior to the execution of the Agreement, are
included in the Contract Documents and should be carefully examined by .the bidder. The
required number of executed copies of the Agreement, the Performance Bond, the Payment
Bond and the Certificate of Insurance is two. Payment and performance bonds shall be issued
by an admitted surety insurer as defined by the Code of Civil Procedure Section 995.120.
12. INTERPRETATION OF SPECIFICATIONS AND DOCUMENTS: If any person contemplating
submitting a bid for the proposed contract is in doubt as to the true meaning of any part of the
specifications, or other Contract Documents, or finds discrepancies in, or omissions from the
drawings and specifications, he may submit to the Engineer a written request for an
interpretation or correction thereof. The person submitting the request will be responsible for its
prompt delivery. Any interpretation or correction of the Contract Documents will be made only by
addendum duly issued and a copy of such addendum will be mailed or delivered to each person
7
Attachment 3
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.
16. FORFEITURE FOR FAILURE TO POST SECURITY AND EXECUTE AGREEMENT: In the
event the successful bidder to whom the Notice of Intent to Award Contract is given fails or
refuses to post the required bonds and Certificate of Insurance and return executed copies of the
Agreement within fourteen (14) calendar days after 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 does not necessarily disqualify the firm from
consideration.
PROPOSAL
The Honorable City Council
City of Costa Mesa
77 Fair Drive
Costa Mesa, CA 92626
Dear Council Members:
Attachment 3
In compliance with the NOTICE INVITING BIDS FOR ROADWAY MARKINGS AND TRAFFIC SIGN
MAINTENANCE Project No. , a copy of which is hereto attached, the undersigned has
carefully examined the location of the proposed work, the plans, specifications and other contract
documents and is therefore satisfied as to the conditions to be encountered, as to the character,
quality and quantity of work to be performed and materials to be furnished and as to the requirements
of the specifications and the contract. It is mutually agreed that the submission of a proposal shall be
considered prima facie evidence that the bidder has made such examination. If awarded the contract,
the undersigned agrees to commence the work under the contract WITHIN TEN (10) WORKING
DAYS AFTER DATE OF CONTRACT and to perform and complete the work WITHIN three (3) years,
as per the attached agreement and in accordance with the specifications and other contract
documents, and to furnish all labor, materials, tools and equipment necessary to complete the work in
place therefore, in the manner and time herein prescribed at the following prices, to wit:
BID SCHEDULE
This request for bid will be governed by the following schedule:
Notice Inviting Bids Advertised
Pre Bid Meeting
Deadline for Written Questions
/2011
/2011
/2011
Responses to Questions Posted on Web /2011
Bids are Due /2011
Bid Evaluation Completed /2011
Approval of Contract
/2011
E
Attachment 3
ROADWAY MARKING AND TRAFFIC SIGN MAINTENANCE
SCHEDULE OF UNIT PRICES
The undersigned declares that he/she has carefully examined the specifications, and read the
accompanying instruction to bidders, and herby bids to perform all the work required to complete the
project in accordance with the specifications and special provisions for the unit price(s) or lump
sum(s) set forth in the following schedule:
CITY RESERVES THE RIGHT TO INCREASE, DECREASE OR DELETE BID ITEMS WITHOUT
SUBJECTION TO THE RESTRICTIONS OF SECTION 3-2 OF THE "GREEN BOOK".
ROUTINE MAINTENANCE - STRIPING (WATER-BASED PAINT)
ITEM
BID ITEM
ESTIMATED
UNIT
UNIT
AMOUNT
QUANTITY
PRICE
1
Install 4' Center Line Per Cal Trans
171,711
LF
Detail 1 and Solid 4" Center Line
2
Install 4" Lane Line Per Cal Trans
35,000
LF
Detail 8 or Cal Trans Detail 11
3
Install 4" Double Yellow Lane Line
188,753
LF
with Black Center (4"-3"-4") Per Cal
Trans Detail 22
4
Install 4" Two Way Left Turn Lane
155,006
LF
Per Cal Trans Detail 31
5
Install 8" White Turn Lane Line Per
135,899
LF
Cal Trans Detail 2
6
Install 4" Edge Line Yellow and White
23,676
LF
Per Cal Trans Detail 8
7
Install 6" White Bike Lane Line Per
296,839
LF
Cal Trans Detail 39 & 39A
8
Install 8" Lane Drop Per Cal Trans
8,626
LF
Detail
9
Install 12" White Crosswalks and
25
EA
Limit Lines
10
Paint Median Curb Median Noses
426
EA
Yellow and White
11
Install Pavement Arrows
215
EA
12
Install School Messages and
54
EA
Crosswalks
10
Proied and SnedfiCationskNa_k___+ �
13
Paint Red Curb Residential
481,170
LF
Commercial Arterials and
Collectors Per SA Plan
1125D
14
Paint Green, Yellow and
6,637
LF
White Curb
15
Install Pavement Legend
487
EA
Letters (8' High) and
Transverse Markings 4", 8",
12", 24": Keep Clear, Yield,
Slow Dip, 25, 30, 40, MPH,
Wait Here, Curve, No Exit,
Ahead, Bump, Ped Xing,
FWY North, FWY South,
Slow, Signal
16
Install Bike Lane
366
EA
Legend/Symbols
17
Install Parking Stalls and
2,648
EA
Parking T's
18
Install Handicap Symbols,
106
EA
Parking Stalls and
Walkways
19
Install Stops and Bars
149
EA
20
Paint Curb by Hand or
600
LF
Work Order
RAISED PAVEMENT MARKERS
ITEM
BID ITEM
QUANTITY
UNIT
UNIT
AMOUNT
PRICE
21
Install Type A or A Y Non
2,500
EA
Reflective Ceramic R.P.M's
22
Install Type C, D or Blue 2-
200
EA
Way Reflective R.P.M's
23
Install Type G or H 1 -Way
1,000
EA
Reflective R.P.M's
24
Remove Raised Pavement
500
EA
Marker
INSTALLATION AND REMOVAL OF SIGNS AND POSTS
ITEM
BID ITEM
QUANTITY
UNIT
UNIT
AMOUNT
PRICE
25
Install Sign Post Up to 10'
225
EA
26
Install Sign Post Over 10'
25
EA
27
Install Sign on Post or
450
EA
Street Light
11
(180.SPC)CS Created 2/13/04
Drnin^+ -4 Cr niF... 4; .. 1,1..
28
Install Sign on Signal Mast
25
EA
u ivuuvi
i
Arm or Post Over 16' High
29
Install Flexible Type K
20
EA
Marker
30
Remove Sign Only
20
EA
31
Remove Post
20
EA
32
Furnish Signs and
$30,000
TOTAL
$30,000
Materials
33
Emergency Call -Out
40
EA
(Repair/Replace Sign/Post)
MISCELLANEOUS
ITEM
BID ITEM
QUANTITY
UNIT
UNIT
AMOUNT
PRICE
34
Install 8' Stop Legends with
15
EA
Bars
35
Install Pavement Arrows
20
EA
36
Install 12" Crosswalks and
560
LF
Limit Lines (White or
Yellow)
37
Remove Paint Grinding —
250
SQ. FT.
250 sq. ft. or 10 Legends
38
Install and Remove Special
125
EA
Event Signs
39
Street Layout (Work Orders
12
EA
or Replacement)
40
Install and Remove Wheel
50
EA
Stops
41
Paint Barricades
18
EA
42
Emergency Call -Out for
52
EA
Damaged Traffic Sign
THIN -MIL THERMOPLASTIC AND SPECIAL PROJECT WORK
ITEM
BID ITEM
QUANTITY
UNIT
UNIT
AMOUNT
PRICE
43
Replace Illuminated Street
26
EA
Name Sign Faces
44
Install or Remove Concrete
10
EA
Bollards Per Transportation
Division Work Order
Specifications
45
Install Reflective
200
EA
Identification Numbers on
12
(180.SPC)CS Created 2/13/04
Prniert and gntmHficatinn.gkUn-w.,, --4 o
13
(180.SPC)CS Created 2/13/04
Light Poles
46
Install Yield Markings White
12
LOCATION
Isosceles Triangles
47
Install Painted Pedestrian
20
EA
Warning Lines and Markers
48
Remove Paint by
2,100
LF
Sandblasting and Grinding
(Curbs, Messages, Lines)
50
TOTAL OF ALL BID
$
ITEMS
13
(180.SPC)CS Created 2/13/04
Project and SpecificationAyScqment 3
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.
(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 Code
Fax Number: ( )
Area Code
24 -Hour Emergency Contacts:
Name
Name
Bidder's Initials
BID SCHEDULE
(CONTINUE)
In figures
Bidder's Initials:
Expiration:
Date:
Telephone No.: ( )
Area Code
Telephone No.: ( )
Area Code
14
(180.SPC)CS Created 2/13/04
Name
Project and SpecificationAySchment 3
Telephone No.: ( 1
Area Code
Bidder's Initials
15
(180.SPC)CS Created 2/13/04
Project and Specifications No.
Attachment 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 bid is "Cash," "Certified Check," or "Bidder's Bond" (circle
one) in the amount of
($ ) equal to at least ten (10%) percent of the total bid price, payable to
the City of Costa Mesa, to guarantee that within fourteen (14) days after written notice is
deposited in the mail, or the bidder has received notice by telephone, the bidder will
furnish proper Certificates of Insurance, and required bonds satisfactory to the City and
execute a contract in accordance with the bid 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
16
(180.SPC)CS Created 2/13/04
Project and Specifications No.
Respectfully submitted, Attachment 3
Contractor's Business Name Contractor Title
Business Address: Street
City State Zip
Business Phone Number
Name Title
By Title
Contractor's License No. and Classification
Date
city State Zip Residence Phone Number
Residence: Street
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
El
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
(180.SPC)CS Created 211117,
Bidder shall signify receipt of all Addenda here, if any:
Addendum No. Date Received
Project and Specifications No.
Attachment 3
Bidder's Siqnature
MAINTENANCE PROJECT REFERENCES
In order to more fully evaluate your background and experience for the project herein
proposed, it is requested that you submit a list of Public Works and/or similar
construction projects completed, or in progress, within the last 24 months. Your
cooperation in this matter is greatly appreciated.
Date Project Awarded Awarding AAgency's Contract
gency Administrator
Bidder's Initials
18
(180.SPC)CS Created 2/13/04
Project and Specificationpk{Ylgchiment 3
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, and contractor's license number of each subcontractor who will
perform work or labor or render service to the prime contractor in or about the
construction of the work or improvement in an amount in excess of one-half (Y2) 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.
All information must be filled out and typed. Please use additional pages in this format if
needed.
PORTION
OF WORK
BID ITEM
NUMBER
SUBCONTRACTOR'S NAME
AND FULL ADDRESS
STATE LICENSE NUMBER
AND CLASSIFICATION
Bidder's Initials
19
(180.SPC)CS Created 2/13/04
Project and Specifications No.
Attachment 3
CITY OF COSTA MESA BIDDERS LIST
All bidders/proposers 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 were 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 $15 Million
This form can be duplicated if necessary to report all bidders (DBEs and non -DBEs information).
20
(180.SPC)CS Created 2/13/04
Project and Specifications No.
Attachment 3
BIDDER'S BOND TO ACCOMPANY PROPOSAL
(Required if the bidder desires to submit bond instead of a certified or cashier's check.)
KNOW ALL PEOPLE BY THESE PRESENTS:
That we, as
principals, and as
surety, are held and firmly bound unto the City of Costa Mesa, a municipal corporation,
organized under the laws of the State of California and situated in Orange County in the
sum of ($ )
to be paid to the City, its successors and assigns, for which payment well and truly to be
made, we bind ourselves, our heirs, executors, and administrators, successors or
assigns, jointly and severally firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH,
That is the certain proposal of the above bounden, , if
accepted by the City of Costa Mesa, and if the above bounden,
, his heirs, executors, administrators,
successors and assigns, shall duly enter into and execute a contract for such
construction, and shall execute and deliver the CERTIFICATE OF INSURANCE and the
LABOR AND MATERIAL and the FAITHFUL PERFORMANCE BONDS described
within fourteen (14) days from the date of the mailing of a notice of the above bounden,
by and from the City, that
said contract is ready for execution, then this obligation shall become null and void;
otherwise it shall be and remain in full force and virtue.
IN WITNESS WHEREOF:
We hereunto set our hands and seals this day of , 20,
Bidder's Initials
21
(180.SPC)CS Created 2/13/04
Project and Specifications No.
Attachment 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
22
(180.SPC)CS Created 2/13/04
r.
Project and Specifications No.
NON -COLLUSION AFFIDAVIT Attachment 3
The bidders, by its officers and agents or representatives present at the time of
filing this bid, being duly sworn on their oaths say, that neither they nor any of them
have in any way directly or indirectly entered into any arrangement or agreement with
any other bidder, or with any public officer of such CITY OF COSTA MESA whereby
such affiant or affiants or either of them has paid or is to pay to such bidder or public
officer any sum of money, or has given or is to give to such other bidder or public officer
anything of value whatever, or such affiant or affiants or either of them has not directly
or indirectly, entered into any arrangement or agreement with any other bidder or
bidders, which tends to or does lessen or destroy free competition in the letting of the
contract sought for on the attached bids; that no bid has been accepted from any
subcontractor or supplier through any bid depository, the By -Laws, Rules, or
Regulations of which prohibit or prevent the Contractor from considering any bid from
any subcontractor or supplier which is not processed through said bid depository, or
which prevent any subcontractor or supplier from bidding to any Contractor who does
not use the facilities or accept bids from or through such bid depository; that bidder has
not bid as subcontractor to other bidders; that no inducement of any form or character
other than that which appears upon the face of the bid will be suggested, offered, paid
or delivered to any person of the contract, nor has this bidder any agreement or
understanding of any kind whatsoever, with any person whomsoever to pay, deliver to,
or share with any other person in any way or manner, any of the proceeds of the
contracts sought by this bid.
Subscribed and sworn to before me by:
This day of , 20
My Commission Expires:
Notary Public
Bidder's Initials
(Rev. 7/95) 23
(180.SPC)CS Created 2/13/04
Project and Specifications No.
Attachment 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 theprovisions 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
24
080.SPC)CS Created 2/13/04
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
25
W. Afil
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 "Orange County Flood Control District,
Design Manual, Standard Drawings" shall apply.
The following additions
between the "Standard
first precedence.
1-2 DEFINITIONS
(a) AGENCY
(b) BOARD
(c) CONTRACT
DOCUMENTS
(d) CITY
REPRESENTATIVE,
PROJECT MANAGER
ENGINEER
(e) BIDDER
B: GENERAL PROVISIONS
are made to the "Standard Specifications." If there is. a conflict
Specifications" and these additions, these additions shall have
The City of Costa Mesa, California, hereinafter
referred to as "CITY."
The City Council of the City of Costa Mesa,
California, hereinafter referred to as "BOARD."
Documents including but not limited to the
following: 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.
The administrating officer of the City of Costa
Mesa or his authorized representative hereinafter
OR referred to as CITY REPRESENTATIVE,
PROJECT MANAGER OR ENGINEER.
Any individual, firm, partnership, corporation, or
combination thereof, submitting a bid proposal for
26
Attachment 3
the work contemplated in the contract documents,
acting directly or through a duly authorized
representative, hereinafter referred to as BIDDER.
(f) LEGAL ADDRESS OF The legal address of the Contractor shall be the
CONTRACTOR address given on the Contractor's bid and is
hereby designated as the place to which all
notices, letters or other communications to the
Contractor shall be mailed or delivered.
(g) LABORATORY An established laboratory approved and authorized
by the ENGINEER for testing materials and work
involved in the contract.
1-3 ABBREVIATIONS
CALTRANS State of California, Department of Transportation,
Division of Highways
O.C.E.M.A. Orange County Environmental Management
Agency
0. C. F. C. D.
2-1.1 AWARD OF CONTRACT
Orange County Flood Control District
The award of contract, if awarded, will be to the lowest responsible bidder, as defined in
Public Contract Code section 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.
BIDDER shall disclose any and all past or current business and personal relationships
with any current 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 does not necessarily disqualify the firm
from bidding.
2-1.2 PROCEDURE FOR PROPOSAL SUBMITTAL
27
Attachment 3
Proposal shall be made and submitted on proposal forms P-1 through P -9a in
accordance with the Notice Inviting Bids. In addition to the required signatures in the
spaces provided in the proposal forms, each BIDDER shall initial each sheet of the
proposal forms at the bottom right hand corner.
No person, firm, partnership, corporation, or combination thereof shall be allowed to
make or file or be interested in more than one bid for the same work, unless alternate
bids are called for. A person, firm, partnership, corporation, or combination thereof who
has submitted a sub -proposal to a BIDDER or who has quoted prices on materials to a
BIDDER is not thereby disqualified from submitting a sub -proposal to or quoting prices
to the other bidders. If, on the opening of bids, more than one bid appears in which the
same person, firm, partnership, corporation or combination thereof is interested as a
principal, all such bids shall be rejected.
Proposals with interlineations, alterations, or erasures shall be initialed by the
BIDDER'S authorized agent. Alternative proposals, special conditions, or other
limitations or provisions affecting the bid, except as such called for in the contract
documents, will render the bid informal and may cause its rejection.
All proposals must give the prices bid for the various items of work and must be signed
by the BIDDER, who shall give his address. Each bid shall have thereon the affidavit of
the BIDDER that such bid is genuine and not sham nor collusive, nor made in the
interest nor behalf of any other person not therein named and that the BIDDER has not
directly nor indirectly induced or solicited any other BIDDER to put in a sham bid, nor
induced nor solicited any person, firm, partnership, corporation, or combination thereof
to refrain from bidding, and that the BIDDER has not in any manner sought by collusion
to secure himself an advantage over any other BIDDER.
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
28
Attachment 3
will then be returned to the BIDDER.
The bid security of the second and third lowest BIDDERS will be retained until the
contract is awarded to and executed by the BIDDER whose bid is accepted, or until 45
days after the opening of bids, whichever period is shorter. The bid security of all
BIDDERS other than the three lowest will be returned promptly after the opening of
bids.
If a BIDDER fails or refuses promptly to execute the agreement to do the work or fails or
refuses to comply with insurance and bonding requirements, the bid security shall be
forfeited to the CITY and shall be collected and paid into the General Fund of the CITY.
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.
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.
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 and/or for the period of any warranty, whichever is longer. The
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Attachment 3
Payment bond shall continue in full force and effect until after the expiration of the time limit
established by Civil Code Section 3249.
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 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
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.
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Attachment 3
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 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
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Attachment 3
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 IN WORK: GENERAL
ENGINEER shall be the duly authorized officer of the CITY who may grant the changes
prescribed in this section.
3-3.1 EXTRA WORK: GENERAL
Any work done by the Contractor beyond the estimated quantities shown on the Proposal form
(P=9) 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
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Attachment 3
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.
5-3 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 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.
6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK
Prior to the commencement of construction, arrangements will be made for a meeting
between the Contractor and the ENGINEER. The purpose of this meeting is to organize
the activities of the Contractor within the limits of this contract, review scheduling,
discuss construction methods and clarify inspection procedures. At this meeting the
Contractor will be required to submit, for approval by the ENGINEER, a complete work
schedule showing the number of working days required to complete the entire project.
6-1.1 DAILY REPORT SUBMITTAL
Contractor shall submit daily reports to the CITY at the end of each working day. All
forms shall be provided by the CITY. Any cost for this item shall be included in the
various items of work and no other compensation will be allowed.
6-9 LIQUIDATED DAMAGES
The amount of liquidated damages shall be as delineated in the Special Provisions and
contract agreement.
7-2.3 PREVAILING WAGE RATES.
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 provisions 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
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Attachment 3
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) of section 1776 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. 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
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Attachment 3
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.
7-2.4 APPRENTICES
The Contractor and all subcontractors shall
Labor Code sections 1777.5, 1777.6 and
apprentices.
comply with the requirements of California
1777.7 regarding the employment and of
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 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
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Attachment 3
hours during any one week shall be permitted upon compensation for all hours worked
in excess of eight hours per day at not less than one -and -one-half times the basic rate
of pay, as provided in Section 1815.
7-2.6 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.
7-2.7 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."
7-2.8 HIRING OF CITY EMPLOYEES
In an effort to retain qualified former employees of the City who have been or may be
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 coverage's 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,
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Attachment 3
agents, and employees are additional insureds with respect to the subject project and
agreement."
2. Notice
"Said policy shall not terminate, nor shall it be canceled nor the coverage
reduced, until thirty (30) days after written notice is given to City."
3. Other Insurance
"Any other insurance maintained by the City of Costa Mesa shall be excess
and not contributing with the insurance provided by this policy."
If any of such policies provide for a deductible or self-insured retention to provide such
coverage, the amount of such deductible or self-insured retention shall be approved in
advance by City. No policy of insurance issued as to which the City is an additional
insured shall contain a provision which requires that no insured except the named
insured can satisfy any such deductible or self-insured retention.
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 Municipal
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 HAZARDOUS CHEMICALS AND WASTES
The Contractor shall bear full 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 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
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Attachment 3
(2) Any claim, cause of action, or administrative or judicial proceeding brought against
the City, its directors, employees, and agents for any loss, cost (including reasonable
attorney's fees), damage or liability, sustained or suffered by any person or entity,
including the City.
If the performance of the work creates any hazardous wastes as a result of a release of
hazardous material brought to the site by the Contractor, those wastes shall be properly
disposed of according to federal, state and local laws, at the expense of the Contractor.
The Contractor shall dispose of the wastes under its own EPA Generator Number. In
no event shall the City be identified as the generator. The Contractor shall notify the
Engineer of any such hazardous wastes and the Engineer reserves the right to obtain a
copy of the results of any tests conducted on the wastes and, at City's cost, to perform
additional tests or examine those wastes, prior to its disposition. The Contractor shall
hold harmless, indemnify and defend the City from any claims arising from the disposal
of the hazardous wastes brought to the site by the Contractor, regardless of the
absence of negligence or other malfeasance by Contractor. Contractor shall not be
deemed the generator of any hazardous waste except for those brought to the site by
the Contractor. Disposal of all Hazardous Materials must be performed in accordance
with all laws and regulations. Copies of required. regulatory documentation including
copies of final manifests shall be provided to the Engineer.
7-7 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 verbal
communication in the English language; 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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Attachment 3
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.
9-3.1.2 CONTRACT PRICE ADJUSTMENT
No price increases will be permitted during the contract term. All decreases will be
automatically extended to the City. Requests for price increases in the second or third
contract year will require written notice thirty days to the Purchasing Division and
include bona fide proof of cost increases. The net dollar amount of profit will remain
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Attachment 3
firm during the period of contract. Adjustments increasing contractor's profit will not be
allowed.
The City of Costa Mesa reserves the right to accept, negotiate or refuse the increase
request, rebid the contract, or take any other action it deems appropriate in lieu of
granting contract price increases.
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 Contract Code.
The lead time for processing invoices for the monthly progress payments approved by
the ENGINEER for inclusion on the warrant list of the CITY is governed by the rules and
regulations established by the Finance Department of the CITY. Monthly payments will
be processed and paid in accordance with the rules and regulations established or
revised by the said Finance Department.
City will make progress payments within 30 days after receipt of an undisputed and
properly submitted progress payment invoice except as may be set forth in the rules
and regulations established by the Finance Department. Attention is directed to Section
20104.50 of the Public Contract Code. No such payment will be made when, in the
judgment of the Engineer, (a) the work is not proceeding in accordance with the
provisions of the Contract; (b) the Contractor is not complying with the requirements of
the Contract; or (c) when the total value of the work done as shown on the invoice does
not exceed Three Hundred Dollars ($300.00).
No such invoice or payment will be construed to be an acceptance of any work or
materials. Before any progress payment or the final payment is made, the Contractor
may be required to submit satisfactory evidence that he is not delinquent in payments to
his employees, subcontractors, suppliers or other creditors for labor and materials
incorporated into the work.
Pursuant to Public Contract Code Section 20104.50, if the City fails to make a progress
payment in a timely manner, it shall pay interest to the Contractor at the legal rate set
forth in Section 685.010(a) of the California Code of Civil Procedure.
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, or furnished and stored as part security for the fulfillment of
the Contract by the Contractor. Any time after fifty percent (50%) of the work has been
completed, if City finds that satisfactory progress is being made, 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
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Attachment 3
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.
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 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,
41
Attachment 3
(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 Contract 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.
10-1 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
42
Attachment 3
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.
10-2 EXAMINATION AND AUDIT OF RECORDS (GOV. CODE SECTION 8546.7
Pursuant to Government Code section 8546.7, Contractor shall retain all project -related
records for a period of 3 years after final payment on this contract, which shall be
subject to audit or inspection by the City or the State Auditor during this period.
10-3 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
43
Attachment 3
PART 2
C. SPECIAL PROVISIONS — TECHNICAL SPECIFICATIONS
1-1 MEETINGS
The Contractor shall contact the Project Manager and/or his/her designee one time per
day, seven (7) days per week at a mutually agreed upon time to discuss the
Contractor's schedule for the day, pending work orders, areas to be maintained and
areas to be inspected for approval. Weekend work orders may be generated by a voice
mailbox where locations to be abated are recorded for Contractor response.
The Contractor shall receive work orders from the ENGINEER and/or Project Manager
or his/her designee via electronic mail or facsimile, or written as agreed upon by the
Project Manager and/or his/her designee and the Contractor. Upon receipt of a work
order, the Contractor shall inspect the location and determine the method of removal
according to the Public Services Department Graffiti Removal Standards and that will
maintain the integrity of the surface prior to abatement.
The Contractor shall meet with the Project Manager and/or his/her designee one time
per week at a mutually agreed upon time to discuss program status and issues.
1-1.2 SERVICE LEVEL
The Project Manager and/or his/her designee or the Police Department may designate
sites as needing an emergency response. An emergency work order may be issued
immediately. Emergency response sites will have first priority and will require abatement
within 4 hours, during working hours, or within 4 hours beginning the next working day
after notification, if such notification is after working hours.
1-1.3 REQUIRED DOCUMENTS
The Contractor shall deliver completed work orders to the Project Manager and/or
his/her designee via electronic mail, facsimile, mail or in person on or prior to the first
working day of the week following assignment of the work order. Accommodations for
special projects may be made.
Work on private property shall not be performed without the Consent form signed by the
owner or authorized by the Project Manager and/or his/her designee. A sample of the
Consent form is provided as Attachment A. The Contractor shall obtain the signature of
the property owner on the consent form prior to beginning work. Original consent forms
shall be returned to the Project Manager and/or his/her designee on a weekly basis and
are property of the City. The City will maintain a database of Consent forms.
1-1.4 Minimum Qualifications:
Bidders must demonstrate that they have the resources and capability to provide the
materials and services described herein. All Bidders shall submit documentation with
their proposal indicating compliance with the minimum qualifications. Failure to include
any of the required documentation may be cause for proposal to be deemed non-
responsive and rejected.
44
Attachment 3
Bidders must demonstrate they have been in business providing similar service for at
least the last three (3) years.
Bidders shall provide, at a minimum, references and descriptions of three (3) projects
that are similar in nature and have been completed within the last two (2) years. These
references shall indicate the firm (and all contact information) and a thorough
description of the services performed.
2-0 DESCRIPTION OF WORK
The work to be performed shall include, but not be limited to painting of road line
striping, legends, markings, transverse lines, curbs, crosswalks, approaches; sign
design, manufacturing, installation, replacement and repairs; installation of raised
pavement markers. Contractor shall service daily maintenance requests, work orders
and perform minor utility repairs and construction related to traffic control devices.
2-1 LOCATION OF WORK
All work to be performed hereunder is located within the City of Costa Mesa. Work shall
be performed on, but is not limited to, streets, sidewalks, alleys, City rights-of-way, City
facilities, public parking lots and parks.
3-0 Documentation:
A. PERSONNEL
Bidder's supervisory personnel providing service to the City of Costa Mesa
shall have valid and current International Marking Sign Association (IMSA)
Work Zone Safety, Sign & Markings Levels 1,11,11 Certifications. Additionally, all
technicians, laborers or other personnel installing or repairing any traffic sign or
traffic control device, including but not limited to striping, legends, crosswalks,
R.P.M's, etc., shall have valid and current IMSA Work Zone Safety, Signs &
Markings Level I, certifications.
2. Contractor shall designate one specific individual to oversee and inspect work
performed by Contractor's personnel assigned to this contract. The
representative shall be immediately available during work activities to receive
communications from the Project Manager and/or his/her designee. All
Contractor staff shall have a cell phone in order to be contacted by the Project
Manager and/or his/her designated staff.
3. All Contractor personnel performing services on the contract shall wear a clean
uniform with the Contractor's business name, the employee's first and/or last
45
Attachment 3
name and have photographic identification clearly showing the person is an
employee of the contractor in their possession at all times.
4. The Contractor shall utilize only trained, competent employees in the
performance of this contract. At the request of the City, the Contractor shall
remove from assignment to this contract any incompetent, abusive or disorderly
employee, whether supervisory or non -supervisory.
5. The Contractor shall be in possession of a copy of the resulting contract and
the Material Safety Data Sheet's (M.S.D.S.) for each product used in the
performance of work at all times.
6. Any person assigned to this contract found to be in possession of and/or under
the influence of intoxicants or narcotics shall be removed from assignment to
this contract. This person may be subject to arrest and criminal prosecution.
7. Personnel employed by the Contractor and assigned to the City contract shall
have background and motor vehicle license checks at Contractor expense,
prior to performing any services under the contract without prior approval from
the Contract Representative.
B. Equipment
1. The Contractor's vehicles and equipment shall be neat in appearance and easily
identified. Identification on the Contractor's vehicles shall consist of, at a
minimum, company name, local telephone number and contract services
provided by City of Costa Mesa in print no less than six (6) inches tall.
2. The Contractor shall maintain all vehicles and equipment in safe and
mechanically sound condition.
3. The Contractor shall provide all personnel, vehicles, supplies and equipment
necessary to perform services.
C. Compliance with Applicable Laws and Regulations
1. Contractor shall perform all requirements under and in strict observance
of and compliance with all applicable laws, regulations, ordinances, codes
and any other legislative or statutory requirements.
2. Contractor warrants that the performance of services under this contract
shall be compliant with the current requirements of the Occupational
Safety and Health Act (OSHA) and as it may be amended or updated
throughout the term of this contract.
3. Contractor shall compensate its employees at current prevailing wage
rates in place at the time of award for the classification of worker utilized
for any task associated with this specification. Certified documentation
of wages and benefits paid to employees shall be submitted to the City
with each invoice for work completed.
D. Use of Products
46
Attachment 3
1. Contractor shall ensure that all employees have immediate access to the
Material Safety Data Sheet's (MSDS) for each product used in the
performance of this contract.
2. Contractor shall be in compliance with all provisions of the Federal
Hazard Communication Act.
3. All products used by the Contractor shall be manufactured products
specifically intended for purpose for which they are being used.
Contractor shall not devise any products of his/her own making for use
under this contract. The use of all products shall in strict conformance
with the manufacturer's specifications.
E. Protection of the Public and Damages to existing Structures
1. The Contractor shall exercise caution at all times for the protection of
persons and property. All fines, penalties and/or repair changes resulting
from the Contractor's actions and responsibility of the Contractor.
2. The Contractor shall not permit placing or use of equipment in such a
manner as to block vehicle traffic lanes or create safety hazards. The
Contractor shall be responsible for the use of all appropriate warning
devices according to the watch handbook.
3. The Contractor shall avoid damage to existing structures. In the event
that structure is damaged in the course of the work, the Contractor shall
be solely responsible for its repair or replacement.
4. Consent shall be obtained from the property owner for the abatement of
graffiti that is visible from the public right-of-way on private property.
F. Invoices
1. Invoices for work performed under this contract shall be submitted
monthly to the City at the following address: City of Costa Mesa,
Attention Accounts Payable, P.O. Box 1200, Costa Mesa, CA 92628-
1200
2. The invoice shall include the following:
i. Contract number.
ii. Contractor's invoice number.
iii. Work zone information, street names, and locations.
iv.. Work order number.
v. Beginning and ending dates for services.
vi. Footage totals for roadway stripping and curb painting.
vii. Total number and type of roadway markings painted and signs
replaced.
viii. Unit cost subtotals and total for invoice.
47
Attachment 3
G. Work performed by City Staff because of Nonconformance to Contract
1. Should the Contractor fail to correct deficiencies or public nuisances that
have been created because of his/her operation, the City may take
corrective measures as deemed necessary by the City to correct the
deficiency. Costs incurred by the City shall be reimbursed by the
Contractor or credited on the invoice for the month in which it occurs.
PART 3 — SPECIAL PROVISIONS/ BID ITEMS/ SCOPE OF WORK:
The work to be performed consists in general of the removal and installation of signs,
posts, raised pavement markers (RPM), stripes, pavement markings and curb
markings as shown on plans or work orders and as described below. Items or details
not specifically mentioned in the following Sub -Sections that are required by the
project plans, in the applicable Caltrans Standard Specifications (CSS), Caltrans
Standard Plans (CSP) or City of Costa Mesa Standard Plans (CMSP), or these
Special Provisions shall be performed, constructed or installed.
Routine Maintenance of all road line striping:
Traffic Paint (Annual):
All legends, striping and curb marking shall be repainted once within each 12 month
period of the contract. Work shall be performed in a grid pattern, working in one
particular portion of the City at any given time. Size and location of grids shall be
determined and scheduled by the Proposer, and approved by the City.
Thermoplastic (including Thin -mil) and other existing material types:
Reinstallation/replacement of these types of markings and striping will be determined
by the City, on an as needed basis.
Routine Sign and Stripe Replacement:
Individual locations requiring sign and/or stripe replacement will be on an as needed
basis as determined by the City. The City will issue work via Transportation Division
Work Orders (TDO's) or Standard Signing and Striping Plans. The work may vary from
a simple sign installation to major arterial roadway re -striping and legend installation or
replacement project. TDO's are written work orders with a signing and/or striping plan
depicting the work to be performed. The contractor is responsible for 'cat tracks'
(marking guide lines for the stripe configuration) and locating sign/curb markings
based on information from TDO or Signing and Striping Plan for approval by the City
Representative prior to installation.
Time of Completion:
Routine Maintenance:
All routine maintenance work shall be completed within each 12 month period of the
contract. Working days for individual grid work will be approved by the City based on
48
Attachment 3
size of grids, prior to the initiation of the work. The Contractor shall complete the work
in each grid prior to moving to the next grid.
Sign and Stripe replacement:
Routine TDO's shall be completed within 10 working days of receiving authorization.
All work on the same TDO must be completed on the same day unless approved
otherwise by the City Representative. Signing and
Striping work shall be completed within 10 working days of receiving authorization.
Annual Striping (Traffic Stripes and Pavement Markings):
Special Provisions: The Contractor shall not begin work until a written notice to
proceed has been issued by the City Representative. The Contractor shall notify the
City Representative a minimum of two working days prior to beginning the work to
coordinate the work. A schedule of the streets to be re -striped for each week shall be
provided to the City Representative two working days prior to striping or re -striping any
streets.
Install Striping Per Detail:
The unit price for a particular detail shall include full compensation for furnishing labor,
materials, tools, equipment and other incidentals to install the complete striping detail
shown in the plan. In the details where there is gap in between the stripe, i.e. 4" skip
stripe, the linear feet measurement shall include the open gap in between the stripe.
Gap at intersection shall not be included. All traffic stripes and pavement markings will
be traffic paint and include reflective glass spheres. The rate of glass sphere
disbursement shall be six pounds per gallon of paint. Thin -mil thermoplastic
(Sprayable) as called out per individual tasks.
Removal:
Existing striping, pavement markings, curb markings and RPMs superseded by the
plans shall be removed. All conflicting striping within limit of project shall be removed
even if not shown on the plan. Removal of traffic stripes and pavement markings shall
be by wet sandblasting or grinding. Any excessive damage to surface or City
infrastructure shall be repaired to standard construction specifications in the Green
Book or City designee's approval. The Contractor shall perform wet sandblasting using
a low -noise compressor and #20 silica sand/water mixture to remove curb paint
markings on an "as requested" basis by the City Representative. Thermoplastic and
pavement tape striping may be removed by grinding with the Street Superintendant or
Traffic Supervisor's approval. Existing pavement markings, which are removed by
sandblasting or grinding, shall be completely removed to the satisfaction of the
Engineer or City's designee.
Temporary Striping:
The Contractor shall install temporary traffic striping within 24 -hours after removing
existing stripes and/or reflector tabs immediately.
Temporary striping may be per CMSP Plan No. 112513-1 and B-2' (without the R.P.M's)
or by installing ref1ectorized chip seal markers (single for 4" line, double for 8" line) at
20 feet• on center when on a taper or curve, and at 40 feet on center elsewhere. If
striping is used, stripes can be paint or temporary traffic striping tape.
49
Attachment 3
All temporary striping shall be removed prior to the final striping.
Final Striping:
All final stripes, legends and other markings including limit lines shall be permanently
striped within 72 hours after existing stripes and legends have been removed. All cat
tracks must be approved by the City's Representative prior to final striping. All striping
and related roadside signage shall be in place prior to opening the lane(s) to public
traffic.
Thin -Mil Thermoplastic (Sprayable):
Thin -mil thermoplastic traffic stripes and pavement markings shall conform to the
provisions in Sections 84-1, "General," and 84-2, "Thermoplastic Traffic Stripes and
Pavement Markings," of the CSS and these special provisions. Specifications for glass
beads in CSS Section 84-2.02, "Materials" is amended to read "8010-21C-22 (Type
n)." Glass beads shall be premixed within the thermoplastic material prior to
application and also applied to the thermoplastic striping material immediately
following the application of the striping. Thin -mil thermoplastic material shall conform to
the requirements of Caltrans Specification No. PTH 392BA, for Thermoplastic Traffic
Striping Material, Sprayable, White and Yellow. The binder material shall, be Alkyd.
Copies of the Caltrans Specification No. PTH 392B are available from the Caltrans
Transportation Laboratory, Sacramento, California.
Thin -mil thermoplastic material for traffic stripes shall be applied by spray method in
single uniform layer at the minimum thickness of 30 mils and not to exceed 45 mils.
The Contractor shall adjust the thermoplastic application rate as necessary to achieve
the thermoplastic application rate stated above prior to striping. Thin -mil thermoplastic
material shall be applied to the pavement at a temperature between 350F.and 400°F.,
unless the manufacturer recommends a different temperature. Thermoplastic
application rate tests (up to and including 5 thermoplastic application rate tests per
day, including the thermoplastic application rate test at the start of each workday) may
be conducted at random times and locations throughout each workday at the
discretion of the Engineer.
Thermoplastic Application Rate Testing:
The paint application rate shall be determined by passing the striper over a metal plate
while the paint application system is operating. The flow of glass beads shall be
stopped while passing over the metal plate. The City Representative shall measure
thickness of the applied thermoplastic immediately after application of thermoplastic on
the metal plate. Striping shall not continue if the proper thickness of thermoplastic is
not being applied. Adjustments and corrective measures shall be applied to ensure
that the correct thickness of thermoplastic will be applied. Testing of the thermoplastic
application rate, as described above, will be required following any adjustment to the
thermoplastic application rate, thermoplastic applicator nozzles, or any other
thermoplastic application equipment prior to commencement or re -commencement of
striping. The initial testing and re -testing of thermoplastic application rates at any
location shall be considered as a single thermoplastic application rate test.
Attachment 3
Thin -mil thermoplastic material shall be applied to the pavement at a temperature
between 35OF and 40OF unless the manufacturer recommends a different
temperature.
Section 84-2.05, Measurement, and Section 84-2.06, Payment, shall be deleted.
Section 84-3.06, Measurement, and Section 84-3.07, Payment, shall be deleted.
Raised Pavement Markers (R.P.M's):
Install Raised Pavement Markers (RPM): The unit price for installing RPM shall include
full compensation for furnishing labor, materials, tools, equipment, RPM and other
incidentals to install the RPM as called for individually or per RPM Details in Standard
Plan 1125C. Where raised pavement markers are part of the striping detail, payment
for furnishing and installing the raised pavement markers shall be made according to
the unit bid prices for installing raised pavement markers. Raised pavement markers
shall conform to Section 85, "Pavement Markers," of the CSS and these Special
Provisions. Reflective pavement markers shall have abrasion -resistant surfaces.
Removal of Raised Pavement Markers (R.P.M's): The contractor shall remove any
existing raised pavement markers that do not conform to the channelization plans, and
repair any damaged pavement due to RPM removal to maintain a smooth and uniform
surface per SSPWC Section 302-5.6.2.
Installation of Removal of Raised Pavement Markers (R.P.M's): Install raised
pavement markers per the channelization plans in accordance with Section 85-1.06,
Placement, of the CSS, and CSASP Nos. 1125A -e.
ANNUAL CURB PAINTING:
The unit price for curb painting shall include full compensation for furnishing labor,
materials, tools, equipment, other incidentals to paint the side and top of curb. All curb
markings and median island markings shall be painted using EPA compliant traffic
paint material. Paint shall be fast or rapid dry type solvent of similar or approved equal
to that manufactured by Ennis Paint Companies and shall meet all requirements of
South Coast Air Quality Management District. The rate of paint to be applied shall be
per recommendation of the paint manufacturer.
LEGENDS AND MARKINGS:
The unit price for installing legends, markings, transverse lines and any other painted
marking shall include full compensation for furnishing labor, materials, tools,
equipment, other incidentals to install legends and markings per detail shown in the
standard plan.
All legends, markings, transverse lines and other installations shall be painted using
EPA compliant traffic paint material. Paint shall be fast or rapid dry type solvent of
similar or approved equal to that manufactured by Ennis Paint Companies and shall
meet all requirements of South Coast Air Quality Management District. The rate of
paint to be applied shall be per recommendation of the paint manufacturer. The rate of
glass sphere disbursement shall be six pounds per gallon of paint.
All pavement legends, arrows, and symbols shall be per CSP Nos. A24A-E. All
crosswalks at signalized intersections with wheelchair ramps shall be striped with a 5'
diagonal (450) cut-off at the curb return, as shown in CSASP No. 1130. Crosswalk
stripes shall be 12 inches wide unless specified by Traffic Engineer.
51
Attachment 3
TRAFFIC SIGNS:
The unit price for installing traffic or other sign types shall include full compensation for
furnishing labor, mounting hardware, tools, equipment and other incidentals for
installing the signs as shown on the plan. Cost of sign is not included.
When available and called out on the work order, the Contractor will provide the
specified signage. This section shall conform to Section 56-2, Roadside Signs of the
CSS and these Special Provisions. The Contractor shall install, remove or relocate
signs, either furnished or supplied as called for per individual tasks. The sign sizes,
messages, and colors shall conform to the current edition of the Caltrans Sign
Specifications or current Manual of Uniform Traffic Control Devices (MUTCD). The
sign sizes shall be the standard size shown in the Sign Specifications unless shown
otherwise on the plans. The sign backing material shall be anodized rolled sheet
aluminum in a thickness no less than 0.080 and shall be one piece with drilled holes
for mounting.
All signs installed in parkways, sidewalks or pedestrian areas shall have a minimum of
7 feet of vertical clearance from the bottom of the lowest sign to the surrounding
surface. All signs installed in raised median areas shall have a minimum vertical
clearance of 4 feet from the existing surface unless shown otherwise on the plans.
When two signs are installed on one post, the signs shall be installed in the proper
standard vertical positions unless shown otherwise on the plans. Regulatory, Warning
and Guide signs shall be posted above parking restriction signs. The City
Representative shall determine the proper order for multiple signs. Sign panels shall
not be overlapped. Signs shall be installed at right angles to approaching traffic unless
shown otherwise on the plans. In no case shall signs be installed on wooden utility
poles.
EMERGENCY RESPONSE:
In case of immediate need to replace certain damaged regulatory signs due to
accident or other incidents, where without such a sign could result in immediate
hazards to the public and/or property, the Contractor shall provide immediate
response (1 hour to location from time of notification) with temporary sign(s) as
directed.
When responding to City request for the replacement of damaged signs, the
Contractor shall replace the signs within 24 hours if of the sign type listed below.
Contractor shall replace the destroyed sign(s) with permanent sign(s) within five (5)
working days from the date of placement of the temporary sign(s).
If Underground Service Alert (USA) is required to complete the installation, the signs
shall be replaced within 3 working days following the contact to USA.
The Contractor shall have the following quantities of the following signs in stock at all
time for the duration of the contract for emergency replacement:
STOP (R1 -I, 30") — Five (5)
YIELD (R1-2, 30") — Five (5)
NO RT SYMBOL (R3-2, 30"x30") — Five (5)
52
NO LT SYMBOL (R3-1, 30"x30") — Five (5)
DO NOT ENTER (R5-1, 36"x36") — Five (5)
ROAD CLOSED (R11-2, 36"x24") — Five (5)
ONE WAY (R6-1, 36"x12", LT or RT) — Five (5)
Attachment 3
53
Attachment 3
Material and Hardware Quality
Minimum Specifications
The following specifications are current minimum requirements, but Contractor shall be
required to comply with higher specifications as may be required by Federal Highway
Administration, California Department of Transportation or other state or federal
regulatory agency.
Signs Panel:
All post mounted signs shall be fabricated using 0.080 -inch thick aluminum sheeting. All
traffic signal mast arm mounted signs shall be fabricated using 0.10 -inch thick aluminum
sheeting. All illuminated street name sign panels shall be clear or translucent lexan or
similar material.
Sign Sheeting:
No splice will be allowed in the sign panel reflective sheeting other than that which
occurs in the manufactured roll of reflective sheeting on sign panels with a minor
dimension of 48" or less. On all rectangular sign panels, the splice will be horizontal. No
finished sign panel shall have more than one (1) splice and no splice will fall within 2" of
the sign panel edge. When splices do occur, the adjoining reflective sheets shall be
color matched under both incident and reflective light.
Reflective sheeting will be applied to the sign panel utilizing the method approved by the
manufacturer of the sheeting and shall produce a durable bond equal to or greater than
the strength of the reflective sheeting. No air pockets or bubbles shall exist between the
sheeting and the aluminum backing. All sign panels to be furnished by the Contractor
shall be new with no scratches or tears in the reflective sheeting
Sign Reflectivity:
ASTM Type IX (3M Scotchlite Diamond Grade VIP Series 3990 or equivalent) reflective
sheeting shall be used for all regulatory signs except parking restrictions signs and all
warning signs.
3M Scotchlite Diamond Grade Fluorescent VIP Reflective Sheeting Series 3980 or
equivalent for all school related signs.
ASTM Type IIA (Super Engineering Grade) shall be used for all other signs, including
parking restrictions and Street Sweeping signs.
Temporary or construction signs may be ASTM Type I (Engineering Grade).
Anti -Graffiti Coating:
All signs, except for temporary or construction signs, shall have anti -graffiti coating or
film as recommended by the manufacturer of the reflective material. Neither the color
nor the reflective intensity of the finished sign panel shall be significantly diminished by
the use of graffiti remover when used in a manner approved by Caltrans and the
sheeting manufacturer.
09/10 (IG) 18
(SPECIAL PR(134
Attachment 3
Sign Post:
Install Sign Post: Shall include full compensation for furnishing labor, materials, tools,
equipment, post, post anchor and other incidentals to install the post as shown in the
plan.
New signs shall be installed using square tubing signpost (such as Unistrut TelsparT""
UltiMate or City -approved equal), anchors and anchor sleeves. Anchors and sleeves
shall be embedded with no more than four holes exposed and no less than two holes
exposed. The signpost, anchor and anchor sleeve shall be fully perforated galvanized
square 12 gauge steel tubing. The signpost shall be 2 inch square; the signpost anchor
shall be 2.25 inch square (all dimensions are nominal).Wooden or Laminated Wooden
Posts shall not be used.
Sign and Post Fastening ,Hardware:
All new straps, saddle brackets, nuts, bolts, and washers shall be stainless steel. Each
sign panel shall have a minimum of two rivets installed per sign. Each signpost shall
utilize a minimum of two rivets to attach the sign post to the sign post anchor assembly.
Sign and post mounting hardware shall include but not limited to:
Rivet for square fit post and sign
5/16" hex head bolts (.50" and 2.25"long), nuts and washers
Banding stainlesssteel,1/2" wide, .03" thick (Band -IT #C206 or equal) 1/2" stainless
steel buckle (Band -IT #C206 or equal)
The contractor shall be responsible for furnishing all sign and post fastening hardware.
Cost for fastening hardware shall be considered included in other itemized payment and
no additional compensation will be provided.
Sign Installation and Removal:
The Contractor shall install new and relocate existing signs as noted on the work order
or plans, shall protect -in-place existing signs which are not to be removed, and shall
replace any of these signs which are damaged during construction.
Sign to be mounted on streetlight or traffic signal poles shall be installed using the strap
and saddle bracket method as shown on Caltrans Standard Plan RS -4. Sign panels on
traffic signal mast arms shall be installed per Caltrans Standard Plan ES -7N; Detail U.
Signs mounted on streetlight poles shall be mounted so as not to cover identification
tags.
Sign replacement work orders shall be generated by the City Representative using
guidelines for replacement as stated in the MUTCD. Upon completion of work orders or
sign replacement, the Contractor shall submit a written record of all maintenance
activities to the City Representative in a timely manner. Sign maintenance records and
retro -reflectivity inspection records shall be kept in a computerized inventory system by
the Contractor, with full access provided to the City via internet.
New signs shall be installed on 10 foot posts, except a longer post shall be used if
necessary to maintain a 7 foot vertical clearance from the bottom of the lowest sign to
the top of the surrounding surface in pedestrian areas. Signposts shall be installed a
09/10 (IG) 19 (SPECIAL PRQ55
Attachment 3
minimum of 6 feet from power poles, fire hydrants, and other obstructions. Posts shall
be installed in driven post anchors per the manufacturer's specifications.
If the anchor and sleeve are installed in a median island with decorative paving, a
concrete or decorative sidewalk area, a 4 -inch diameter Schedule 40 PVC sleeve shall
be installed prior to placement of the new decorative paving. On existing decorative
pavement, install a 4 -inch diameter Scheduled 40 PVC sleeve by core drilling the
pavement. The length of the sleeve shall be the same as the thickness of the decorative
paving or up to 1 inch greater. The sleeve shall be installed flush with the finish grade of
the surrounding decorative paving. Back fill the annular void between the sleeve and
signpost anchor with existing base material or sand to within V of the finished surface.
Fill the final 1" with grout.
All posts and driven signpost anchors shall be completely removed and the signpost
anchor assembly hole backfilled with clean fill dirt to match the existing surrounding
grade (non -paved areas only). Driven signpost anchors in sidewalk or pavement areas
shall be completely removed and backfilled with concrete or grout to the level of the
surrounding grade.
Signposts with foundations in parkway area shall be completely removed and backfilled
with clean fill dirt to match the grade of the surrounding area Signposts located within
sidewalk or other paved areas, shall core drill the sidewalk and remove the signpost to
below sidewalk or paving then backfilled with concrete or paving material to match the
existing.
All signs to be salvaged, as called for on the plans, shall be delivered to the City
Corporate Yard at 2300 Placentia Ave. and placed in a location designated by the City
Representative. The Contractor shall neatly stack the salvaged signs. The Contractor
shall notify the City Representative two (2) working days in advance of proposed
delivery of salvaged signs. The Contractor shall take special care to prevent additional
damage to the salvaged signs during removal, storage and the delivery process.
SLURRY SEAL: When called for on the plans after sandblasting or grinding of existing
stripes or legends, the Contractor shall skin the sandblasted or ground area prior to
application of the new stripe. The skin shall be Emulsion Sand Slurry or Asphalt. The
application of the skin shall be scheduled to commence after 9:00 a.m., and no skinning
operations shall be done after 2:00 p.m. unless otherwise approved by the City
Representative. The skin seal shall be applied at a rate of 2,000 square feet per extra
long ton (EL 1).
One "extra long ton" of skin material is made up of the following quantities:
Aggregate (dry weight) 2,000 pounds
Emulsified asphalt 400 pounds
Water (exclusive of emulsion)..... 18-25 gallons Accelerator or Retardant
Payment - Slurry seal will be paid for at the contract unit price per square foot in place.
TRAFFIC CONTROL:
Special Provisions:
09/10 (IG) 20 (SPECIAL PRC58
Attachment 3
Street closures, detours, signs and barricades used for handling 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 without submitting traffic control plan.
• Temporary two lanes closure on 6 -lane arterials may be done per WATCH
handbook without 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 Traffic Engineering section. The flashing arrow signs shall be solar powered and
left in place for the duration of the lane closure. Temporary striping installation for traffic
control may be paint or removable tape or approved equivalent. Any existing speed limit
signs or other conflicting signs in the construction zone shall be covered during
construction with heavy duty black plastic (non transparent) sheets or bags, which are
secured to the sign post below the sign, with tape. In no case shall tape be applied to
either front or back of any sign. Intersections shall be kept open until work takes place
within the intersection. Local vehicular and pedestrian access, including access to
driveways and businesses, shall be maintained at all times. Pedestrian access
(minimum 4 -foot width) across both streets in an intersection must be maintained at all
times.
Where parking is prohibited during construction, "TEMPORARY NO PARKING" signs
shall be posted at least twenty-four hours, but no more than forty-eight hours, in
advance of the work. The signs shall be placed no more than 150 feet apart on each
side of the alleys, streets and parking areas and at shorter intervals if conditions
warrant. The Contractor shall provide the signs and will be responsible for adding the
dates and hours of closure to the Signs. Compensation for all traffic control shall be
considered paid for under other items of work involved and no additional compensation
will be allowed therefore.
09/10 (IG) 21 (SPECIAL PRO59)
Attachment 3
Additions/Modifications to Standard Specifications
The following additions are made to the latest edition of the "Standard Specifications for
Public Works Construction", and the General Provisions stated within the "Standard
Specifications" of this project. Should there be a conflict between any of these
provisions; the Special Provisions shall have precedence.
All work shall be performed in conformance with the 2007 Uniform Building Code as
adopted by the City of Costa Mesa. The electrical, plumbing, and fire code, and other
regulations as adopted by the City of Costa Mesa Building Official shall apply to this
project. .
Where referenced in these specifications, the latest edition of the "City of Costa Mesa
Standard Drawings" and the "Work Area Traffic Control Handbook (WATCH)" published
by building News, Inc., shall also apply.
Payment for compliance with the following provisions shall be included in the various bid
items of work unless otherwise modified in the special provisions section. No additional
compensation will be allowed.
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 as shown on the
Drawings and in the contract documents, 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 payments will be made for any items that are not specifically set forth in the
Bid Proposal. Payments for any such items are included in various bid items of work.
Costs arising from violations of regulations will be paid by the offending party to the
extent that there will be no additional cost to the City.
Section 3-3.2.2 (a) Labor Surcharge
The compensation for employer's payments of payroll taxes; workers compensation
insurance; liability insurance; health and welfare; pension; vacation; apprenticeship
funds; other direct costs resulting from Federal, State, or local laws; and for
assessments or benefits required by lawful collective bargaining agreements to be
applied to the actual cost for wages shall be 15 percent for regular time and overtime.
Section 3-3.2.3 Markup
a. Work by Contractor. The allowance for overhead and profit to be added to
the Subcontractor's costs shall be as follows:
09/10 (IG) 22 (SPECIAL PRC58
Attachment 3
Equipment and Material: 15%
Labor: 20%
To the sum of the costs and markups provided for in this section, 1 percent
shall be added as compensation for bonding.
b. Work by subcontractor. The allowance for overhead and profit to be added
to the Subcontractor's costs shall be the same as the ones allowed in 3-
2.2.3(a). The allowance for the Contractor's overhead and profit to be added
'to the sum of the Subcontractor's costs and markup shall be 5%.
No markups will be allowed for second tier or higher subcontractors.
Section 6-1 Construction Schedule and Commencement of Work
The Contractor shall prepare and submit to the Engineer a written schedule of his work
operations for the proposed project. The schedule shall be submitted for approval at
the pre -construction conference. The Contractor's designated project superintendent
shall be present at the pre -construction meeting.
Section 6-7 - Time of Completion
The Contractor shall begin work on the project within ten (10) working days after the
contract has been awarded by the City Council. Said work shall be diligently
prosecuted to completion before the expiration of the contract term of three (3) years.
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
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
09/10 (IG) 23 (SPECIAL PRC69
Attachment 3
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) 24
(SPECIAL PR`60
MISCELLANEOUS
CONTRACT
DOCUMENTS
(SAMPLE)
Attachment 3
61
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.
The Project is
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 Works Construction, published by Building News, Inc., Los Angeles, California,
popularly known as "The Green Book"; Faithful Performance Bond and Labor and
Material Bond, including agent's Power of Attorney for each Bond; certificates of
insurance; Federal funding supplement ,
unless this item is stricken out by the Project Manager; and all addenda setting forth any
modifications or interpretations of those documents. The documents comprising the
1 62
Attachment 3
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 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 - $
2 63
Attachment 3
7. TIME OF PERFORMANCE — TERM OF CONTRACT.
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 three (3) years, from the date of the
Agreement.
8. OPTION OF CITY TO TERMINATE AGREEMENT IN EVENT OF
FAILURE TO COMPLETE WORK.
If CONTRACTOR refuses or fails to prosecute the Work or any severable
part of it with such diligence as will ensure its timely completion, or if CONTRACTOR
fails to complete the Work on time, or if CONTRACTOR, or any subcontractor, violates
any of the provisions of the Contract Documents, the Project Manager may give written
notice to CONTRACTOR and CONTRACTOR'S sureties of the CITY'S intention to
terminate this Agreement; and, unless within five (5) days after the serving of that
notice, such conduct shall cease and arrangements for the correction thereof be made
to the satisfaction of the CITY, this Agreement may be terminated at the option of CITY
effective upon CONTRACTOR'S receipt of a second notice sent by the CITY indicating
that the CITY has exercised its option to terminate.
If CONTRACTOR is adjudged a bankrupt or files for any relief under the
Federal Bankruptcy Code or State insolvency laws, this Agreement shall automatically
terminate without any further action or notice by CITY.
9. LIQUIDATED DAMAGES.
In the event the Work is not completed, for any reason, within the time
required including any approved extensions of time, and to the satisfaction of the
Project Manager, CITY may, in addition to any other remedies, equitable and legal,
including remedies authorized by Paragraph 8 of this Agreement, charge to
3 64
Attachment 3
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
• 1
the sureties must, within five (5) days after CITY'S giving notice of termination, (a) give
the CITY written notice of their intention to take over the performance of this Agreement;
(b) provide adequate assurances, to the satisfaction of the CITY that the Work shall be
performed diligently and in a timely manner; and, (c) must commence performance
thereof within five (5) days after providing notice to the CITY of their intention to take
over the Work. Upon the failure of the sureties to comply with the provisions set forth
above, CITY may take over the Work and complete it, at the expense of
CONTRACTOR, and the CONTRACTOR and the sureties shall be liable to CITY for
any excess costs or damages including those referred to in Paragraph 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
4 65
Attachment 3
belonging to CONTRACTOR as may be on the site of the Work and reasonably
necessary therefore 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
lines and other physical factors and limitations affecting the performance of this
Agreement. CONTRACTOR, at CONTRACTOR'S sole cost and expense, shall obtain
5 66
Attachment 3
any permission, and all approvals, licenses, or easements necessary for any operations
conducted off the premises owned or controlled by CITY. CONTRACTOR shall be
responsible for the proper care and protection of all materials delivered to the site or
stored off-site and for the Work performed until completion and final inspection and
acceptance by CITY. The risk, damage or destruction of materials delivered to the site
or to Work performed shall be borne by CONTRACTOR.
15. PAYMENTS TO CONTRACTOR.
On or before the last Monday of each and every month during the
performance of the Work, CONTRACTOR shall meet with the Project Manager or his
designee to determine the quantity of pay items incorporated into the improvement
during that month. A "Progress Payment Order" will then be jointly prepared, approved,
and signed by the Project Manager and the CONTRACTOR setting forth the amount to
be paid and nrevidinn fer a 10%re+en+ien. 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. The retained ten pereent /41104\ shall he paid
to GONT-RACT-OR thiFt.y five (35) days after the FeGGFdiRg of the NGtiGe of Completion 9
the We* by the GGIJNT-Y and afteF CONTRACT -OR shall have fUFRished releases of all
sfaiMs against GITY—by--persons who fUFRished—labs-or-ma-ten lsf9F-the VVGr
required her GITV
I Ines the ieat of CONTRACTOR d at his ncnse seGUFitieS
equivaleRt tG the -ter OURt withheld e— the —#ereg--p;si-- may
6 67
Attachment 3
In the event that claims for property damage or bodily injury are presented to
CITY arising out of CONTRACTOR'S or any subcontractor's Work under this
Agreement; CITY shall give notice thereof to CONTRACTOR, and CONTRACTOR shall
have thirty-five (35) days from the mailing of any such notice to evaluate the claim and
to settle it by whole or partial payment, or to reject it, and to give notice of settlement or
rejection to CITY. If CITY does not receive notice within the above-mentioned thirty-five
day period that the claim has been settled, and if the Project Manager, after consultation
with the City Attorney, determines that the claim is meritorious, CITY may pay the claim
or a portion of it in exchange for an appropriate release from the claimant, and may
deduct the amount of the payment from the retained funds that would otherwise be paid
to CONTRACTOR upon completion of the Work; provided, however, that the maximum
amount paid for any one claim pursuant to this provision shall be one thousand dollars
($1,000), and the maximum amount for all such claims in the aggregate paid pursuant
to this provision shall be five thousand dollars ($5,000).
16. PROMPT PAYMENT OF SUBCONTRACTORS.
The CONTRACTOR agrees to pay each subcontractor under this
Agreement for satisfactory performance of its contract no later than 10 days from the
receipt of each payment the CONTRACTOR receives from CITY.
Any delay or postponement of payment from the above referenced time
7 68
Attachment 3
frame may occur only for good cause following written approval of the CITY. This
clause applies to both DBE and non -DBE subcontractors.
17. CONTRACT SECURITY AND GUARANTEE.
Unless previously provided by CONTRACTOR to CITY, CONTRACTOR
shall furnish, concurrently with the execution of this Agreement, the following: (1) a
surety bond in an amount equal to one hundred percent (100%) of the contract price as
security for the faithful performance of this Agreement, and (2) a separate surety bond
in an amount equal to at least one hundred percent (100%) of the contract price as
security for the payment of all persons furnishing labor or materials in connection with
the Work under this Agreement. Sureties for each of the bonds and the forms thereof
shall be satisfactory to CITY. In addition, such sureties must be authorized to issue
bonds in California; sureties must be listed on the latest revision to the U.S. Department
of the Treasury Circular 570; and must be shown to have sufficient bonding capacity to
provide the bonds required by the Contract Documents.
CONTRACTOR shall provide a certified copy of the certificate of authority of
the surety issued by the Insurance Commissioner; a certificate from the clerk of the
county in which the court or officer is located that the certificate of authority of the surety
has not been surrendered, revoked, canceled, annulled, or suspended or, in the event
that it has, that renewed authority has been granted; and copies of the surety's most
recent annual statement and quarterly statement filed with the Department of Insurance
pursuant to Article 10 (commencing with Section 900) of Chapter 1 of Part 2 of Division
1 of the Insurance Code.
CONTRACTOR guarantees that all materials used in the Work and all labor
performed shall be in conformity with the Contract Documents including, but not limited
to, the standards and specifications set forth in the most current edition of Standard
8 69
Attachment 3
Specifications for Public Works Construction, published by Building News, Inc., Los
Angeles, California, more commonly known as "The Green Book." CONTRACTOR
shall, at his own expense, make any and all repairs and replacements that shall become
necessary as the result of any failure of the Work to conform to the aforementioned
Contract Documents, and standard specifications; provided, however, that
CONTRACTOR shall be obligated under this provision only to the extent of those
failures or defects of which he is given notice within a period of twelve (12) months from
the date that the Notice of Completion is recorded.
The rights and remedies available to CITY pursuant to this provision shall be
cumulative with all rights and remedies available to CITY pursuant to statutory and
common law, which rights and remedies are hereby expressly reserved, and neither the
foregoing guarantee by CONTRACTOR nor his furnishing of the Bonds, nor acceptance
thereof by CITY, shall constitute a waiver of any rights or remedies available to CITY
against CONTRACTOR.
18. INDEMNIFICATION.
CONTRACTOR agrees to protect, defend, indemnify and hold harmless
CITY and its elected and appointed boards, officers, agents, and employees from any
and all claims, liabilities, expenses, or damages of any nature, including attorney fees,
for injury to or death of any person, and for injury or damage to any property, including
consequential damages of any nature resulting therefrom, arising out of or in any way
connected with the performance of this Agreement, except that the indemnity obligation
of CONTRACTOR shall be reduced by an amount proportional to the active negligence
of CITY, if any.
9 70
Attachment 3
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 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.
10 71
Attachment 3
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.
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.
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Attachment 3
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:
The City of Costa Mesa, and its elected and appointed boards,
officers, agents, employees, are additional insureds with respect to the subject project
12 73
and agreement.
Attachment 3
(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.
22. PREVAILING WAGE SCALE.
13 74
Attachment 3
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
14 75
Attachment 3
the Government Code. Violation of this provision may result in the imposition of
penalties referred to in Labor Code, Section 1735.
25. CONTRACT ASSURANCE.
The CONTRACTOR or subcontractor shall not discriminate on the basis of
race, color, national origin, or sex in the performance of this contract. The
CONTRACTOR shall carry out applicable requirements of 49 CFR part 26 in the award
and administration of DOT -assisted contracts. Failure by the CONTRACTOR to carry
out these requirements is a material breach of this contract, which may result in the
termination of this contract or such other remedy as recipient deems appropriate.
The CONTRACTOR will require that the above provision is included in all
subcontracts.
26. PROVISIONS CUMULATIVE
The provisions of this Agreement are cumulative and in addition to, and not
in limitation of, any other rights or remedies available to CITY.
27. NOTICES.
It shall be the duty and responsibility of CONTRACTOR to notify all tiers of
subcontractors and material men of the following special notice provision; namely, all
preliminary 20 -day notices or stop notices shall be directed only to the City Clerk and to
no other department, and shall be either personally delivered or sent by certified mail,
postage prepaid.
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
15 76
Attachment 3
Costa Mesa, California 92628-1200
Attention: Construction Management
Notices required to be given to CONTRACTOR shall be addressed as follows:
Notices required to be given to CONTRACTOR'S sureties shall be
addressed as follows:
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
16 77
Attachment 3
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.
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
17 78
Attachment 3
enforcement of a waiver is sought referring expressly to this Paragraph. The waiver of
any right or remedy in respect to any occurrence or event shall not be deemed a waiver
of any right or remedy in respect to any other occurrence or event, nor shall any waiver
constitute a continuing waiver
35. HEADINGS.
Section and subsection headings are not to be considered part of this
Agreement, are included solely for convenience, and are not intended to modify or
explain or to be a full or accurate description of the content thereof.
36. COUNTERPARTS.
This Agreement may be executed in one or more counterparts by the
parties hereto. All counterparts shall be construed together and shall constitute one
Agreement.
37. CORPORATE AUTHORITY.
The persons executing this Agreement on behalf of the Parties hereto
warrant that they are duly authorized to execute this Agreement on behalf of said
Parties and that by doing so, the Parties hereto are formally bound to the provisions of
this Agreement.
38. ADDITIONAL SERVICES.
CONTRACTOR shall not receive compensation for any services provided
outside the scope of the Contract Documents unless such additional services, including
change orders, are approved in writing by CITY prior to CONTRACTOR performing the
additional services.
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 79
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:
CITY OF COSTA MESA
Mayor of the City of Costa Mesa
CONTRACTOR:
(Name)
Title:
State License No.:
Federal Tax I.D. No.:
Project Manager Address:
Telephone:
19 80
Attachment 3
CITY OF COSTA MESA, CALIFORNIA
COUNCIL POLICY
POLICY I EFFECTNE
SUBJECT NUMBED DATE PAGE
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 effort to contractors and grantees
of the City of Costa Mesa in the elimination of dangerous drugs in the workplace.
PURPOSE
It is the purpose of this Policy to:
1. Clearly state the City of Costa Mesa's commitment to a drug-free society.
2. Set forth guidelines to ensure that public, private, and nonprofit organizations receiving funds from the
City of Costa Mesa share the commitment to a drug-free workplace.
POLICY
The City Manager, under direction by the City Council, shall take the necessary steps to see that the following
provisions are included in all contracts and agreements entered into by the City of Costa Mesa involving the
disbursement of funds.
1. Contractor or subgrantee hereby certifies that it will provide a drug-free workplace by:
A. Publishing a statement notifying employees that the unlawful manufacturer, distribution,
dispensing, possessing, or use of a controlled substance is prohibited in Contractor's and/or
subgrantee's workplace, specifically the job site or location included in this contract, and
specifying the actions that will taken against the employees for violation of such prohibition;
B. Establishing a Drug -Free Awareness Program to inform employees about:
1. The dangers of drug abuse in the workplace;
D-1
81
SUBJECT
CITY OF COSTA MESA, CALIFORNIA
COUNCIL POLICY
Attachment 3
P011CYI EfFECTIYE
NUMBER BATE 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
W
SUBJECT
CITY OF COSTA MESA, CALIFORNIA
COUNCIL POLICY
Attachment 3
POLICY EFFECTIVE
MUMBEA I BATE I PAGE
DRUG-FREE WORKPLACE 1 100-5 1 8/08/89 1 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
83
CERTIFICATE OF INSURANCE
Page 1 of: 2:
CER7ICATE HOLDER
INSURANCE COMPANIES AFFOAOING COVERAGES
Gly of Cada Mesa.
77 Fair Drive . ��
P..0. soli 1200 , . p.
Codta Mesa, CA 92628-1200
NAME AND. ADDRESS OF INSURED
E
This is 3o 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).
•.r;--.-
[gLtCY POLICY [JNTtS OF:LtAe1NY IN
co11PANTrigUSAN05 pilo
WTER.1 TYPE OF 04"lUiCE�--
�I;. I Prapedyge.
trmblek Ad" . . ... �. _. �.I' t3odJ7 . and S' . S
t— Other than Umbmla Pomi'
WgnNEwCOYPENSATION.
Sfaiwxy i! Kb 1 jYz?
ANO EMPIgYEA5 W91U7Y S` _. _. _ ._
,.. __. (FaU+.Acudenl)
NOTE.. The Comprehensive General LiabfNly policy andlor Automotive: Liability policy Ishare endorsed with the. Gly
cf ,Costa Mesa Endarsement(s);chown on the;reverse,side.
CANCELLATION: Said policy shalt not terminate, nor shall it be cancelled, nor the coverage reduced, unhl thirty
(30) days after written notice is'given to City. ...
By _ Agency:
AuU.M d Fepufenulive .este ksued...
Description, of operatlonsllocations/vehictes: All operations performed for the City of Costa Mesa, by cr'on tiehal) otthe
named insured in connection with the following designated contract:
. - - MMOO UIB and eoronw W40)
NOTICE: This certificate or verification of insurance is not an: insurance policy and. does not amend, extend or alter
the coveragepHorded by the policies listed herein. Notwithstanding any.requirement. term or'condition of any
contract mother document. with respect to which this certificate or verification of insurance may tie issued or
may pertain, the insurance afforded byahepolicies described herein Is subject.lo all'the terins, exclusions and
conditions of such policies; including attached endorsements..
is -sea
Attachment 3
84
^
b`r . sFxaoz2.
trmblek Ad" . . ... �. _. �.I' t3odJ7 . and S' . S
t— Other than Umbmla Pomi'
WgnNEwCOYPENSATION.
Sfaiwxy i! Kb 1 jYz?
ANO EMPIgYEA5 W91U7Y S` _. _. _ ._
,.. __. (FaU+.Acudenl)
NOTE.. The Comprehensive General LiabfNly policy andlor Automotive: Liability policy Ishare endorsed with the. Gly
cf ,Costa Mesa Endarsement(s);chown on the;reverse,side.
CANCELLATION: Said policy shalt not terminate, nor shall it be cancelled, nor the coverage reduced, unhl thirty
(30) days after written notice is'given to City. ...
By _ Agency:
AuU.M d Fepufenulive .este ksued...
Description, of operatlonsllocations/vehictes: All operations performed for the City of Costa Mesa, by cr'on tiehal) otthe
named insured in connection with the following designated contract:
. - - MMOO UIB and eoronw W40)
NOTICE: This certificate or verification of insurance is not an: insurance policy and. does not amend, extend or alter
the coveragepHorded by the policies listed herein. Notwithstanding any.requirement. term or'condition of any
contract mother document. with respect to which this certificate or verification of insurance may tie issued or
may pertain, the insurance afforded byahepolicies described herein Is subject.lo all'the terins, exclusions and
conditions of such policies; including attached endorsements..
is -sea
Attachment 3
84
Attachment 3
POLICY NUMBER' COMMERCIAL.GENERAL LIABILrr.Y
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE"READ IT CAREFULLY.
ADDITIONAL INS'URED. -.DESIGN , ATED PERSOIN. OR
ORGANIZATION
This endorsement modifies insurance;provded under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART.
SCHERULE'
Name of Person or—Organization-
The
rOrganization:
The City of Gosta Mesa and :its elected and appointed boards, officers, agents,: and. employees are:
additional lnsureds with respeci.ta.the subject project and agreement:.
or no entry appears above, information requtred to complete this endorsement,wilt be shown in the
Declarations as applicable to this.endorsement,)..
WH.O18 AN INSURED' (Sectionll) is amended to include as an.insured the person o. rorganization;shown in
the Schedule°as an insured. Wt: only with respectto llablitty arising out of youroperations:or premises owned by
or rented to you.
Said policy shall not.terminate, nor shall it b.e canceled:nor the coverage reduced, until ThItty (30) days
after written notlae to City.
Any, other insurance maintained by theCity.o..t;Costa:Mesa shall be excess and not.contributing'with the
insurance provided *11119 policy.
CG 20 26::11:8.5 Copyright, Insurance Services Office, lnc.,1984•
aims
85
Attachment 3
..
Attachment 3
PAYMENT BOND
KNOW ALL PERSONS BY THESE PRESENTS, THAT
WHEREAS, THE CITY OF COSTA MESA (HEREINAFTER REFERRED TO AS "OBLIGEE") AND
(HEREINAFTER REFERRED TO AS
"PRINCIPAL") HAVE ENTERED INTO A CONTRACT DATED ,
AND IDENTIFIED AS ; AND
WHEREAS, UNDER THE TERMS OF SAID CONTRACT PRINCIPAL IS REQUIRED TO FURNISH A BOND SECURING PAYMENT OF
THE CLAIMS TO WHICH REFERENCE IS MADE IN SECTION 3248 OF THE CIVIL CODE;
NOW, THEREFORE, WE, THE PRINCIPAL, AND , AS CALIFORNIA -
ADMITTED SURETY, ARE HELD AND FIRMLY BOUND UNTO THE OBLIGEE IN THE PENAL SUM OF
DOLLARS ($ ) LAWFUL MONEY OF THE UNITED STATES, FOR THE PAYMENT
OF WHICH SUM WELL AND TRULY TO BE MADE WE BIND OURSELVES, OUR HEIRS, SUCCESSORS EXECUTORS,
ADMINISTRATORS AND SUCCESSORS, JOINTLY AND SEVERALLY, FIRMLY BY THESE PRESENTS.
THE CONDITION OF THIS OBLIGATION IS SUCH THAT IF SAID PRINCIPAL OR ANY OF ITS SUBCONTRACTORS FAILS TO PAY
ANY OF THE PERSONS NAMED IN SECTION 3181 OF THE CIVIL CODE, OR AMOUNTS DUE UNDER THE UNEMPLOYMENT
INSURANCE CODE WITH RESPECT TO WORK OR LABOR PERFORMED UNDER THE 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 PRINCIPAL OR ITS SUBCONTRACTORS PURSUANT TO SECTION 13020 OF THE
UNEMPLOYMENT INSURANCE CODE, WITH RESPECT TO SUCH WORK AND LABOR THAT THE SURETY WILL PAY FOR THE
SAME, AND ALSO WILL PAY, IN CASE SUIT IS BROUGHT UPON THIS BOND, A REASONABLE ATTORNEYS FEE, TO BE FIXED BY
THE COURT.
THIS BOND SHALL INURE TO THE BENEFIT OF ANY OF THE PERSONS NAMED IN SECTION 3181 OF THE CIVIL CODE SO AS TO
GIVE A RIGHT OF ACTION TO SUCH PERSONS OR THEIR ASSIGNS IN ANY SUIT BROUGHT UPON THIS BOND.
THIS BOND IS GIVEN IN CONFORMANCE WITH SECTIONS 3247 AND 3248 OF THE CIVIL CODE. THE LIABILITY OF THE
PRINCIPAL AND SURETY HEREUNDER IS GOVERNED BY THE PROVISIONS OF SAID CODE, ALL ACTS AMENDATORY THEREOF,
AND ALL OTHER STATUTES REFERRED TO THEREIN, INCLUDING SECTION 3225 OF THE CIVIL CODE.
THE SURETY HEREBY STIPULATES AND AGREES THAT NO CHANGE, EXTENSION OF TIME, ALTERATION OR ADDITION TO THE
TERMS OF THE CONTRACT OR TO THE WORK TO BE PERFORMED THEREUNDER OR THE SPECIFICATIONS ACCOMPANYING
THE SAME SHALL IN ANY WISE AFFECT ITS OBLIGATION 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, THE ABOVE BOUNDED PARTIES HAVE EXECUTED THIS INSTRUMENT UNDER THEIR SEALS THIS
DAY OF , 2011_, THE NAME AND CORPORATE SEAL OF EACH CORPORATE BODY BEING
HERETO AFFIXED AND THESE PRESENTS DULY SIGNED BY ITS UNDERSIGNED REPRESENTATIVE, PURSUANT TO AUTHORITY
OF ITS GOVERNING BODY.
PRINCIPAL
NOTE
TO BE SIGNED BYBY
PRINCIPAL AND SURETY
AND ACKNOWLEDGMENT BY
AND NOTARIAL SEAL
ATTACHED.
SURETY
87
Attachment 3
BY
BY
PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS, THAT
WHEREAS THE CITY OF COSTA MESA (HEREINAFTER REFERRED TO AS "CITY") HAS ENTERED
INTO A CONTRACT WITH
(HEREINAFTER REFERRED TO AS "PRINCIPAL") FOR
CONSTRUCTION OF THE (THE "CONTRACT"); AND
WHEREAS SAID PRINCIPAL IS REQUIRED UNDER THE TERMS OF SAID CONTRACT TO FURNISH A BOND
OF FAITHFUL PERFORMANCE OF SAID CONTRACT,
NOW, THEREFORE, WE, THE UNDERSIGNED PRINCIPAL, AND AS
SURETY, ARE HELD AND FIRMLY BOUND UNTO THE CITY, IN THE SUM OF
DOLLARS ($ ) LAWFUL MONEY OF THE UNITED STATES, TO BE PAID TO THE CITY OR ITS
SUCCESSORS AND ASSIGNS; FOR WHICH PAYMENT, WE BIND OURSELVES, OUR HEIRS, EXECUTORS, ADMINISTRATORS,
SUCCESSORS, AND ASSIGNS, JOINTLY AND SEVERALLY, FIRMLY BY THESE PRESENTS.
THE CONDITION OF THIS OBLIGATION IS SUCH, THAT IF THE ABOVE -BOUND PRINCIPAL, OR ITS
HEIRS, EXECUTORS, ADMINISTRATORS, SUCCESSORS, OR ASSIGNS APPROVED BY THE CITY, SHALL PROMPTLY AND
FAITHFULLY PERFORM THE COVENANTS, CONDITIONS AND AGREEMENTS IN THE CONTRACT DURING THE ORIGINAL TERM
AND ANY EXTENSIONS THEREOF AS MAY BE GRANTED BY THE CITY, WITH OR WITHOUT NOTICE TO SURETY, AND DURING
THE PERIOD OF ANY GUARANTEES OR WARRANTIES REQUIRED UNDER THE CONTRACT, AND SHALL ALSO PROMPTLY AND
FAITHFULLY PERFORM ALL THE COVENANTS, CONDITIONS, AND AGREEMENTS OF ANY ALTERATION OF THE CONTRACT
MADE AS THEREIN PROVIDED, NOTICE OF WHICH ALTERATIONS TO SURETY BEING HEREBY WAIVED, ON PRINCIPAL'S 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, DEFEND, PROTECT, AND HOLD HARMLESS THE CITY AS
STIPULATED IN THE CONTRACT, THEN THIS OBLIGATION SHALL BECOME AND BE NULL AND VOID; OTHERWISE IT SHALL BE
AND REMAIN IN FULL FORCE AND EFFECT.
NO EXTENSION OF TIME, CHANGE, ALTERATION, MODIFICATION, OR ADDITION TO THE CONTRACT, OR OF
THE WORK REQUIRED THEREUNDER, SHALL RELEASE OR EXONERATE SURETY ON THIS BOND OR IN ANY WAY AFFECT THE
OBLIGATION OF THIS BOND; AND SURETY DOES HEREBY WAIVE NOTICE OF ANY SUCH EXTENSION OF TIME, CHANGE,
ALTERATION, MODIFICATION, OR ADDITION.
WHENEVER PRINCIPAL SHALL BE AND DECLARED BY THE CITY TO BE IN DEFAULT UNDER THE
CONTRACT, SURETY SHALL PROMPTLY REMEDY THE DEFAULT, OR SHALL PROMPTLY DO ONE OF THE FOLLOWING AT THE
CITY'S ELECTION:
1. UNDERTAKE THROUGH ITS AGENTS OR INDEPENDENT CONTRACTORS, REASONABLY ACCEPTABLE TO THE CITY,
TO COMPLETE THE CONTRACT IN ACCORDANCE WITH ITS TERMS AND CONDITIONS AND TO PAY AND PERFORM ALL
OBLIGATIONS OF PRINCIPAL UNDER THE CONTRACT, INCLUDING WITHOUT LIMITATION, ALL OBLIGATIONS WITH RESPECT
TO WARRANTIES, GUARANTEES, AND THE PAYMENT OF LIQUIDATED DAMAGES.
2. REIMBURSE THE CITY FOR ALL COSTS THE CITY INCURS IN COMPLETING THE CONTRACT, AND IN CORRECTING,
REPAIRING OR REPLACING ANY DEFECTS IN MATERIALS OR WORKMANSHIP AND/OR MATERIALS AND WORKMANSHIP WHICH
DO NOT CONFORM TO THE SPECIFICATIONS IN THE CONTRACT.
SURETY'S OBLIGATIONS HEREUNDER ARE INDEPENDENT OF THE OBLIGATIONS OF ANY OTHER SURETY
FOR THE PERFORMANCE OF THE CONTRACT, AND SUIT MAY BE BROUGHT AGAINST SURETY AND SUCH OTHER SURETIES,
JOINTLY AND SEVERALLY, OR AGAINST ANY ONE OR MORE OF THEM, OR AGAINST LESS THAN ALL OF THEM WITHOUT
IMPAIRING THE CITY'S RIGHTS AGAINST THE OTHERS.
NO RIGHT OF ACTION SHALL ACCRUE ON THIS BOND TO OR FOR THE USE OF ANY PERSON OR
CORPORATION OTHER THAN THE CITY OR ITS SUCCESSORS OR ASSIGNS.
IN THE EVENT SUIT IS BROUGHT UPON THIS BOND BY THE CITY, SURETY SHALL PAY REASONABLE
ATTORNEY'S FEES AND COSTS INCURRED BY THE CITY IN SUCH SUIT.
IN WITNESS WHEREOF, THE ABOVE -BOUND PARTIES HAVE EXECUTED THIS INSTRUMENT UNDER
THEIR SEALS THIS DAY OF , 20 , THE NAME AND CORPORATE SEAL OF EACH
Attachment 3
CORPORATE PARTY BEING HERETO AFFIXED AND THESE PRESENTS DULY EXECUTED BY ITS UNDERSIGNED
REPRESENTATIVE, PURSUANT TO AUTHORITY OF ITS GOVERNING BODY.
(PRINCIPAL)
BY
NOTE:
TO BE EXECUTED BY PRINCIPAL BY
AND SURETY WITH ACKNOWLEDGMENT
AND NOTARIAL SEAL ATTACHED.
(SURETY)
ADDRESS)
BY
BY
STATE OF CALIFORNIA )
SS.
CITY AND COUNTY OF )
ON , 20_ BEFORE ME, , NOTARY PUBLIC, PERSONALLY APPEARED ,
PERSONALLY KNOWN TO ME (OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE) TO BE THE PERSON(S)
WHOSE NAME(S) IS/ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE/SHE/THEY
EXECUTED THE SAME IN HISMER/THEIR AUTHORIZED CAPACITY(IES), AND THAT BY HIS/HER/THEIR SIGNATURE(S) ON THE
INSTRUMENT THE PERSON(S), OR THE ENTITY UPON BEHALF OF WHICH THE PERSON(S) ACTED, EXECUTED THE
INSTRUMENT.
WITNESS MY HAND AND OFFICIAL SEAL.
NOTARY PUBLIC
STATE OF CALIFORNIA )
SS.
CITY AND COUNTY OF )
ON , 20_ BEFORE ME, , NOTARY PUBLIC, PERSONALLY APPEARED ,
PERSONALLY KNOWN TO ME (OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE) TO BE THE PERSON(S)
WHOSE NAME(S) IS/ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE/SHE/THEY
EXECUTED THE SAME IN HIS/HER/THEIR AUTHORIZED CAPACITY(IES), AND THAT BY HIS/HER/THEIR SIGNATURE(S) ON THE
INSTRUMENT THE PERSON(S), OR THE ENTITY UPON BEHALF OF WHICH THE PERSON(S) ACTED, EXECUTED THE
INSTRUMENT.
WITNESS MY HAND AND OFFICIAL SEAL.
NOTARY PUBLIC
TO BE CONSIDERED COMPLETE, BOTH THE BIDDER AND AN ADMITTED SURETY INSURER
AUTHORIZED BY THE CALIFORNIA INSURANCE COMMISIONER TO TRANSACT SURETY BUSINESS IN
THE STATE OF CALIFORNIA MUST SIGN THIS PERFORMANCE BOND. IN ADDITION, BOTH THE
PRINCIPAL'S AND THE SURETY'S SIGNATURES MUST BE NOTARIZED AND A COPY OF THE SURETY'S
POWER OF ATTORNEY MUST BE ATTACHED
:•
Attachment 3
WG .044 013.4 06: (Ed. -0.4/84).
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*whbn this end.orsemntls
preparation of the., policy;}
This endorsement, :e ffectIve on at 12:01:a.m.::r,
Policy.N.O.
of the Insurance Company,
Issueflo,
Policy E(piration Date:
Premium:(if any):
We'have the rightto recover 6IN
policy. We Will notenforceour r
(This agreement applies. only: to
requires you to obt-& this agreE
You must maintain n l$
while engaged in the
The
Person: or 01
M
6d,subsequeht'to
:horized Representative
,of
fro nyone"Mble foran injury ::covered by this
rson or organization named in: the Schedule,
perform work under a written contract - that
us.)
the remuneration .o.fyour employees
.endorsement shall, be210 of thia:califorhia Worker$
Se. due: on such—remuneration.,
SCHEDULE
Job Deserlpfflon
9%
Attachment 3
M
Attachment 3
>° APPLICATION FOR BUSINESS LICENSE
SEND YOUR CHECK MADE PAYABLE TO THE Cfl'Y OF COSTA MESA
TREASURY MANAGEMENT WV13104, PO BOX 1200, COSTA MESA, CA 92629-12W
(714)7545734 TDD(714)754.5244
Business Name
Parcnt Company Name
. dl rotyara eivee,l) - ..
Noir. autinartddeaa m7l be com nand to zaain
. P. ptrGulrementxh�prcapprmwl„C7ieekwilh:thePlanning Division i'eegtvliee thr one a[fheldcedon at(714)754>;i2.tS, ,
Business Address
loAptutbea P.0. Baij` .Sl.ea e. _. _...emei name W,n ar .... qp' sm., .Zip.
Mailing Address
'(Cm bra P.O. aerl bYnete Srn.taame UNte City ante Z7y'
Business Telephone,# _! ) Business Start Date No. of Employees (on sveragc)
Ownership (Check One only)
0S01eowncr E)Caporfl ionoParmership DHusband Wife,Co-ownership []Limited Liability Company
®Limited Liability Partnership'.
Solder's Pcrmtt No. Contractors State No. Class
(IrAppac.hkl prAryGohle) ... -
Federal EnlptoyerID # or; Owner's Social Secatityk. Federal Firearms Lieense q {itaoolicalslel
Name
Name
Home Address
Horne Address
City
Zip City Lip
Telephone #'! )
Title Telephone#! ) Title
Drivers License. No. -
. Date st Hirth. Drivers License No. Date of Birth
TYPE OF BUSINESS
PLEASE CIRCLE ONE: WholesalelRetaiUNfanufacturitigiServfces%Non-Profit/AdministrativeOnly/Warchouse/Other
Fully mscribe.Business Operation.
Standard Industrial Class, Code (SIC)
Alcohol Beverage Control Permit No.
Department of Motor Vehicles Permit
(VAPpiicable)
(Rcq.1md for atrioniWelmoti5myele adrt busi.q.=)
Hours of.Operation (M -F)
(S=SU) Number of Rental Units/Rooms7Spaccs
.(CotnmeteislRadwlridbalv)
(1CApplicehk)
CHOOSE ONE. ORTHEAPPROPRIATE FEES:BELOW
(wltolesole, rerail,protessioaal, Efd)'
EnterAnnualCrrossRetxiptsAmpunt S
to
au
to
in
fovwaiver attax
611OW.EIXEMTfION.:SWAY MEET: ,'ram'. on the Promoter's Gross
Receipts from: the Grgsa.Rectipts schedule to ikeleft ..........................
............... ...... Eiitw the tai dueamonnthere S
PLUS ....._.. ....`.(Nofgdlar4.. X$5. :S ..1
EQUALS ............... :.r,Totaltaxdue
ABAgNLS'PRATI VE' 0VFIC8SVWA_"ii0USE5:
.(Fees based on annual epersiting expenses whets noreceipts generated).,
,. _.
Enter anopaloperaGngpxpcnsesamoane5
Use Gross Receipts. schedule to the left to deterniine.brig r ess license lax.'
_ --- . VEHrCLEWHEEL.TAX IDIVTRLicr BUS
CON9'RAC.1'OR� -
(Catifornip Lieoastxl) Toted tax due 550.00 Number of Vehicles: 9 $25.0 =Total Tax Dae S
Will you store, handle or use 55 gallons, 500 pounds or 200 cubic feet of hazardous inateriaN peryegr? Yes No 0—
Will you. have an assembly room withal= occupant:load of SO yrmorepersons? Yes 0 No n_
Will you,bo installing a spray booth? Yes: i7 No
Will your business Produce dust/wotxl shavings or other roatetialYYes D No
Will you be storing or using flatamable orcotnbustible liquids or compressed gases? Yes— No
Will you liewarehousingmaterWshigberthanl2•feel? Yes n No M
Fire A artment approval -
ep ppr required forany ”Yes" answer.. Please make: an appointment by calling (71A) 754-5128,
Your Business License will be tissued under the provisions. of Munioiptil Code section.2-l...You are cautioned that this Moenso does not permit operation of a
businessicipal in violation of other Carla Sections. There will be no,tax rofuad ifyou are Lound operating illegally alter the CeniOeatc has been issued: Your
business location wid be checked by Plenning,.Bmldmg,:and, if necessary, File Department officials: Ifyou have any doubt whcthuryour busincss location and/or
building may confotm'Ath the requirements "of the Municipal Code administered: by these departments, you are.urged to euntect these departments for..tiather
inftnmation before filing your apptimdon. s* Sates or use nix may aooivto Your business activities .You may seek writleh adytuc rcgsrding tlieppplication tiftax to
yow particular business by writing brvisitiug abelseamst Statc Bond of Equafisrtion. 4# I declare under penalty:ofpcpury that to the best of my knowledge and.;
belief,: the statements made herein are correct-utid true and that acceptance of payment does not constitute appnwal of the -Business License. Authorization to
cnnduct.businessis not granteduntil issuance oflhcliccxtse
Arrlhorizei! .. _..
Signature: Thle . Dare
-Fo* erry.or•nm ear; cWtV
Planning Approval nate Approved . _ CUP.Required?. CUP #
Building hpproval Date Approved Comments
Fire Department Appi oyalDate rtppinved
92
Attachment 3
93
Attachment 3
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