Costa Mesa City Council
May 3, 2022

City of Costa Mesa

REGULAR CITY COUNCIL AND SUCCESSOR AGENCY TO THE

REDEVELOPMENT AGENCY AND HOUSING AUTHORITY
Agenda
City Council Chambers
77 Fair Drive
6:00 PMTuesday, May 3, 2022
*Note: All agency memberships are reflected in the title "Council Member" 4:00 P.M. Closed Session
The City Council meetings are presented in a hybrid format, both in-person at City Hall and virtually via Zoom Webinar. Pursuant to the State of California Assembly Bill 361(Gov. Code §54953(b)(3)) the City Council Members and staff may choose to participate in person or by video conference.

You may participate via the following options:

1. Attending in person: Attendees are encouraged to wear masks at their discretion. If you are feeling ill, you may still participate in the meeting via Zoom.

2. Members of the public can view the City Council meetings live on COSTA MESA TV (SPECTRUM CHANNEL 3 AND AT&T U-VERSE CHANNEL 99) or
http://costamesa.granicus.com/player/camera/2?publish_id=10&redirect=true and online at youtube.com/costamesatv.

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Agenda May 3, 2022

3. Zoom Webinar: (For both 4:00 p.m. and 6:00 p.m. meetings) Please click the link below to join the webinar:
https://us06web.zoom.us/j/98376390419?pwd=dnpFelc5TnU4a3BKWVIyRVZMallZZz09 Or sign into Zoom.com and “Join a Meeting”
Enter Webinar ID: 983 7639 0419/ Password: 905283
• If Zoom is not already installed on your computer, click “Download & Run Zoom” on the launch page and press “Run” when prompted by your browser. If Zoom has previously been installed on your computer, please allow a few moments for the application to launch automatically.
• Select “Join Audio via Computer.”
• The virtual conference room will open. If you receive a message reading, “Please wait for the host to start this meeting,” simply remain in the room until the meeting begins.
• During the Public Comment Period, use the “raise hand” feature located in the participants’ window and wait for city staff to announce your name and unmute your line when it is your turn to speak. Comments are limited to 3 minutes, or as otherwise directed.

Participate via telephone: (For both 4:00 p.m. and 6:00 p.m. meetings) Call: 1 669 900 6833 Enter Webinar ID: 983 7639 0419/ Password: 905283 During the Public Comment Period, press *9 to add yourself to the queue and wait for city staff to announce your name/phone number and press *6 to unmute your line when it is your turn to speak. Comments are limited to 3 minutes, or as otherwise directed.

4. Additionally, members of the public who wish to make a written comment on a specific agenda item, may submit a written comment via email to the City Clerk at [email protected]. Comments received by 12:00 p.m. on the date of the meeting will be provided to the City Council, made available to the public, and will be part of the meeting record.

5. Please know that it is important for the City to allow public participation at this meeting. If you are unable to participate in the meeting via the processes set forth above, please contact the City Clerk at (714) 754-5225 or [email protected] and staff will attempt to accommodate you. While the City does not expect there to be any changes to the above process for participating in this meeting, if there is a change, the City will post the information as soon as possible to the City’s website.

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Agenda May 3, 2022
Note that records submitted by the public will not be redacted in any way and will be posted online as submitted, including any personal contact information. All pictures, PowerPoints, and videos submitted for display at a public meeting must be previously reviewed by staff to verify appropriateness for general audiences. No links to YouTube videos or other streaming services will be accepted, a direct video file will need to be emailed to staff prior to each meeting in order to minimize complications and to play the video without delay. The video must be one of the following formats, .mp4, .mov or .wmv. Only one file may be included per speaker for public comments. Please e-mail to the City Clerk at [email protected] NO LATER THAN 12:00 Noon on the date of the meeting.

Note regarding agenda-related documents provided to a majority of the City Council after distribution of the City Council agenda packet (GC §54957.5): Any related documents provided to a majority of the City Council after distribution of the City Council Agenda Packets will be made available for public inspection. Such documents will be posted on the city’s website and will be available at the City Clerk's office, 77 Fair Drive, Costa Mesa, CA 92626.

All cell phones and other electronic devices are to be turned off or set to vibrate. Members of the audience are requested to step outside the Council Chambers to conduct a phone conversation.

Free Wi-Fi is available in the Council Chambers during the meetings. The network username available is: CM_Council. The password is: cmcouncil1953.

As a LEED Gold Certified City, Costa Mesa is fully committed to environmental sustainability.

A minimum number of hard copies of the agenda will be available in the Council Chambers.

For your convenience, a binder of the entire agenda packet will be at the table in the foyer of the Council Chambers for viewing.

The City of Costa Mesa aims to comply with the Americans with Disabilities Act (ADA) in all respects. If, as an attendee or a participant at this meeting, you will need special assistance beyond what is currently provided, the Clerks office will attempt to accommodate in a reasonable manner. Note, Closed Captioning is available via the Zoom application. Please contact the City Clerk’s office 24 hours prior to the meeting to inform us of your particular needs and to determine if accommodation is feasible 714-754-5225 or at [email protected].

El objetivo de la Ciudad de Costa Mesa es cumplir con la ley de Estadounidenses con Discapacidades (ADA) en todos los aspectos. Si como asistente o participante en esta junta, usted necesita asistencia especial, más allá de lo que actualmente se proporciona, la oficina del Secretario de la Ciudad intentara de complacer en una forma razonable. Favor de comunicarse con la oficina del Secretario de la Ciudad con 24 horas de anticipación para informarnos de sus necesidades y determinar si alojamiento es realizable al 714-754-5225 o [email protected].

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Agenda May 3, 2022

CALL TO ORDER

ROLL CALL
PUBLIC COMMENTS Members of the public are welcome to address the City Council only on those items on the Closed Session agenda. Each member of the public will be given a total of three minutes to speak on all items on the Closed Session agenda.

CLOSED SESSION ITEMS:

1. CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION
Pursuant to California Government Code Section 54956.9 (d)(1) Name of Case: Katherine Sherouse individually and doing business as Camp Lila v. City of Costa Mesa, et al ., United States District Court, Central District of California, Civil Action No. 8:22-cv-00756-JVS-ADSx

2. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION
Pursuant to California Government Code Section 54956.9 (d)(1) Name of Case: RDX CATALYST – COSTA MESA LLC, a California limited liability Company v. City of Costa Mesa, Orange County Superior Court of California, Case No. 30 2021 01214880 CU WM CJC

3. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION – ONE CASE
Pursuant to California Government Code Section 54956.9 (d)(1) Name of Case: Costa Mesa v. Newport Mesa Unified School District, Orange County Superior Court Case No. 30-2021-01179397-CU-WM-CXC.

4. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION – ONE CASE
Pursuant to California Government Code Section 54956.9 (d)(1) Name of Case: Insight Psychology and Addiction, Inc. v. City of Costa Mesa, U.S. District Court, Central District of California, Case No. 8:20 cv 00504 JVS JDE

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Agenda May 3, 2022

REGULAR MEETING OF THE CITY COUNCIL AND SUCCESSOR AGENCY

TO THE REDEVELOPMENT AGENCY AND HOUSING AUTHORITY
MAY 3, 2022 – 6:00 P.M.

JOHN STEPHENS
Mayor

MANUEL CHAVEZ ANDREA MARR
Council Member - District 4 Mayor Pro Tem - District 3

JEFFREY HARLAN LOREN GAMEROS
Council Member - District 6 Council Member - District 2

ARLIS REYNOLDS DON HARPER
Council Member - District 5 Council Member - District 1

KIMBERLY HALL BARLOW LORI ANN FARRELL HARRISON
City Attorney City Manager

CALL TO ORDER

NATIONAL ANTHEM AND PLEDGE OF ALLEGIANCE
Led by Mariachi Juvenil Herencia Michoacana

MOMENT OF SOLEMN EXPRESSION
[Per Council Policy 000-12, these presentations are made by community volunteers stating their own views. The City Council disclaims any intent to endorse or sponsor the views of any speaker.]
Pastor Christine Wallington, Seventh Day Adventist Church

ROLL CALL

CITY ATTORNEY CLOSED SESSION REPORT

PRESENTATIONS

1. Proclamation: Asian American Pacific Islander Heritage Month 22-673 Proclamation: Asian American Pacific Islander Heritage MonthAttachments:

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Agenda May 3, 2022

2. Proclamation: Lupus Awareness Month 22-674
Proclamation: Lupus Awareness MonthAttachments:

3. Proclamation: National Bike Month 22-675
Proclamation: National Bike MonthAttachments:

4. Presentation: Orange County Housing Finance Trust Update 22-677 PUBLIC COMMENTS – MATTERS NOT LISTED ON THE AGENDA
Comments are limited to 3 minutes, or as otherwise directed.

Comments on Consent Calendar items may also be heard at this time.

COUNCIL MEMBER COMMITTEE REPORTS, COMMENTS, AND SUGGESTIONS Each council member is limited to 4 minutes. Additional comments will be heard at the end of the meeting.

1. Council Member Gameros

2. Council Member Harlan

3. Council Member Harper

4. Council Member Reynolds

5. Council Member Chavez

6. Mayor Pro Tem Marr

7. Mayor Stephens
REPORT – CITY MANAGER
REPORT – CITY ATTORNEY
CONSENT CALENDAR (Items 1-6)
All matters listed under the Consent Calendar are considered to be routine and will be acted upon in one motion. There will be no separate discussion of these items unless members of the City Council, staff, or the public request specific items to be discussed and/or removed from the Consent Calendar for discussion.

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Agenda May 3, 2022

1. PROCEDURAL WAIVER: APPROVE THE READING BY TITLE ONLY

OF ALL ORDINANCES AND RESOLUTIONS
22-599
RECOMMENDATION:

City Council, Agency Board, and Housing Authority approve the reading by title only and waive full reading of Ordinances and Resolutions.

2. READING FOLDER 22-671
RECOMMENDATION:

City Council receive and file Claims received by the City Clerk: Linda Fredrick Oneill; Debra Von Trapp.

3. ADOPTION OF WARRANT RESOLUTION 22-670
RECOMMENDATION:

City Council approve Warrant Resolution No. 2679
Summary Check Register week of 4.11.22
Summary Check Register week of 4.18.22
Attachments:

4. MINUTES 22-672
RECOMMENDATION:

City Council approve the Minutes of the Regular meeting of April 5, 2022. 04-05-2022 Draft MinutesAttachments:

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5. WILSON STREET IMPROVEMENT PROJECT, CITY PROJECT NO . 22-01
22-663
RECOMMENDATION:

Staff recommends the City Council:

1. Adopt plans, specifications, and working details for the Wilson Street Improvement Project, City Project No. 22-01.

2. Award a Public Works Agreement (PWA) for construction to All American Asphalt, 400 East Sixth Street, Corona, California 92879 in the amount of $1,795,390.50 (Base Bid including Additive Bids).

3. Authorize the City Manager and City Clerk to execute the PWA for All American Asphalt and future amendments to the agreements within Council authorized limits.

4. Authorize a ten percent (10%) contingency in the amount of $179,539 for construction and unforeseen costs related to this project.

5. Approve a budget transfer, reallocating available Community Development Block Grant (CDBG) budget in the amount of $600,000 to the Wilson Street Improvement Project.

6. Authorize appropriation of Gas Tax Fund balance in the amount of $435,000 to the Wilson Street Improvement Project.

1. Public Works Agreement

2. Location Map

3. Bid Abstract
Attachments:

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Agenda May 3, 2022

6. AWARD OF CITYWIDE TRAFFIC SIGNAL MAINTENANCE

CONTRACT
22-665
RECOMMENDATION:

Staff recommends the City Council:

1. Approve the proposed Maintenance Services Agreement (MSA) with Yunex LLC for the maintenance of the City ’s traffic signals in an amount not to exceed $400,000 annually, for an initial term of three ( 3) years with two ( 2) one-year renewal options for a total of five years.

2. Approve a 10% contingency annually for unforeseen costs relating to the City’s traffic signals.

3. Authorize the City Manager and the City Clerk to execute the agreement and future amendments to the agreement.

1. Maintenance Services AgreementAttachments:

AT THIS TIME COUNCIL WILL ADDRESS ANY ITEMS PULLED FROM THE CONSENT

CALENDAR
------------------------------END OF CONSENT CALENDAR-------------------------------

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Agenda May 3, 2022
PUBLIC HEARINGS:
(Pursuant to Resolution No. 05-55, Public Hearings begin at 7:00 p.m.)

1. FISCAL YEAR 2022-2023 ANNUAL ACTION PLAN IDENTIFYING

FUNDING PRIORITIES FOR THE COMMUNITY DEVELOPMENT

BLOCK GRANT ( CDBG) AND HOME INVESTMENT PARTNERSHIPS

GRANT (HOME) PROGRAMS
22-667
RECOMMENDATION:

Staff recommends the City Council:

1. Hold a Public Hearing regarding the 2022-2023 Annual Action Plan.

2. Approve the recommended allocation of $1,137,737 for the Fiscal Year 2022 -2023 Community Development Block Grant.

3. Approve the recommended allocation of $501,749 for the Fiscal Year 2022- 2023 HOME Investment Partnerships Grant.

4. Adopt Resolution No. 2022-XX in order to:
a. Approve the 2022-2023 Annual Action Plan.
b. Authorize the City Manager, or the City Manager’s designee, to submit the 2022-2023 Annual Action Plan to the U.S. Department of Housing and Urban Development.
c. Designate the City Manager, or the City Manager’s designee, as the official representative of the City to administer the programs and to execute and submit all required agreements, certifications, and documents required by HUD, and execute all subrecipient agreements for the use of funds approved in the 2022-2023 Annual Action Plan.

5. Authorize the City Manager or designee to approve staff procedures and guideline for the implementation of CDGB- and HOME-funded programs.

1. Resolution

2. Public Service Grant Recommendations

3. 2022-2023 Draft AAP

4. AAP 1 & 5-Year Accomplishment Table

5. AAP Public Hearing & Comment Period Public Notice

6. AAP Map of CDBG Eligible Areas

7. AAP Analysis of Impediments Details

8. AAP Increase Median Area Purchase Price Limit
Attachments:

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Agenda May 3, 2022

2. SUBSTANTIAL AMENDMENT TO THE FISCAL YEAR 2021-2022

ANNUAL ACTION PLAN IDENTIFYING FUNDING PRIORITIES FOR

THE HOME-AMERICAN RESCUE PLAN (ARP) ALLOCATION PLAN
22-668
RECOMMENDATION:

Staff recommends the City Council:

1. Hold a Public Hearing regarding the FY 2021-2022 Substantial Amendment to the Annual Action Plan.

2. Approve the recommended allocation of $1,816,742 for the HOME-ARP Allocation Plan, a Substantial Amendment to the FY 2021-2022 Annual Action Plan.

3. Adopt Resolution No. 2022-XX in order to:
a. Approve the HOME-ARP Allocation Plan, a Substantial Amendment to the 2021-2022 Annual Action Plan.
b. Authorize the City Manager, or the City Manager’s designee, to submit the 2021-2022 Annual Action Plan Substantial Amendment to the U .S.

Department of Housing and Urban Development.
c. Designate the City Manager, or the City Manager ’s designee, as the official representative of the City to administer the programs and to execute and submit all required agreements, certifications, and documents required by HUD, and execute all agreements for the use of funds approved in the 2021-2022 Annual Action Plan Substantial Amendment.

4. Authorize revenue and expense appropriations, respectively, each in the amount of $1,816,742, for the HOME-ARP Allocation Plan.

1. Resolution

2. HOME ARP Allocation Plan FY21-22 Draft

3. Public Notice

4. HOME-ARP Survey Results 04272022
Attachments:

OLD BUSINESS:

NONE.

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Agenda May 3, 2022
NEW BUSINESS:

1. RESIDENTIAL PERMIT PARKING PROGRAM 22-639
RECOMMENDATION:

Staff recommends the City Council:

1. Approve revised Residential Permit Parking program guidelines and policies.

2. Approve an annual residential parking permit fee with an escalating rate structure and discount for qualifying low-income residents.

3. Authorize staff and the City Attorney to initiate amendments to the Costa Mesa Municipal Code (CMMC) incorporating proposed changes to the Residential Permit Parking program and return to City Council for approval through the Public Hearing process.

1. Draft RPP Program Guidelines and Policies

2. 2016 City Council Guidelines

3. Data Summary Report and Survey Summary

4. RPP Zoning Map - Source of Impact Report

5. Costa Mesa Residential Parking Action Plan
Attachments:

ADDITIONAL COUNCIL /BOARD MEMBER COMMITTEE REPORTS, COMMENTS, AND

SUGGESTIONS

ADJOURNMENT

12 City of Costa Mesa
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 22-673 Meeting Date: 5/3/2022
TITLE:

Proclamation: Asian American Pacific Islander Heritage Month DEPARTMENT: City Manager’s Department

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15 City of Costa Mesa
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 22-674 Meeting Date: 5/3/2022
TITLE:

Proclamation: Lupus Awareness Month
DEPARTMENT: City Manager’s Department

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City of Costa Mesa
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 22-675 Meeting Date: 5/3/2022
TITLE:

Proclamation: National Bike Month
DEPARTMENT: City Manager’s Department

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City of Costa Mesa
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 22-677 Meeting Date: 5/3/2022
TITLE:

Presentation: Orange County Housing Finance Trust Update DEPARTMENT: City Manager’s Department

20 City of Costa Mesa
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 22-599 Meeting Date: 5/3/2022
TITLE:

PROCEDURAL WAIVER: APPROVE THE READING BY TITLE ONLY OF ALL ORDINANCES AND

RESOLUTIONS
RECOMMENDATION:

City Council, Agency Board, and Housing Authority approve the reading by title only and waive full reading of Ordinances and Resolutions.

21 City of Costa Mesa
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 22-671 Meeting Date: 5/3/2022
TITLE:

READING FOLDER
DEPARTMENT: City Manager’s Office/City Clerk’s Division RECOMMENDATION:

City Council receive and file Claims received by the City Clerk: Linda Fredrick Oneill; Debra Von Trapp.

22 City of Costa Mesa
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 22-670 Meeting Date: 5/3/2022
TITLE:

ADOPTION OF WARRANT RESOLUTION
DEPARTMENT: Finance Department
PRESENTED BY: Carol Molina, Finance Director
CONTACT INFORMATION: Carol Molina at (714) 754-5243
RECOMMENDATION:

City Council approve Warrant Resolution No. 2679
BACKGROUND:

In accordance with Section 37202 of the California Government Code, the Director of Finance or their designated representative hereby certify to the accuracy of the following demands and to the availability of funds for payment thereof.

FISCAL REVIEW:

Funding Payroll Register No. 22-08 On Cycle for $ 2,812,692.39 and City operating expenses for $1,544,539.74

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57 City of Costa Mesa
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 22-672 Meeting Date: 5/3/2022
TITLE:

MINUTES
DEPARTMENT: City Manager’s Office/City Clerk’s Division RECOMMENDATION:

City Council approve the Minutes of the Regular meeting of April 5, 2022.

58 Minutes – Regular Meeting – April 5, 2022 Page 1 of 9

CITY OF COSTA MESA

REGULAR CITY COUNCIL AND SUCCESSOR AGENCY TO THE

REDEVELOPMENT AGENCY AND HOUSING AUTHORITY
MINUTES – APRIL 5, 2022
CLOSED SESSION 4:00 P.M.

CALL TO ORDER - The Closed Session meeting was called to order by Mayor Stephens at 4:01 p.m.

ROLL CALL

Present: Council Member Chavez, Council Member Gameros, Council Member Harlan, Council Member Harper, Mayor Pro Tem Marr and Mayor Stephens.

Absent: Council Member Reynolds.

PUBLIC COMMENTS – NONE.

CLOSED SESSION ITEMS:

1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Pursuant to California Government Code Section 54956.9 (d)(1) Name of Case: Costa Mesa v. Newport Mesa Unified School District, Orange County Superior Court Case No. 30-2021-01179397-CU-WM-CXC.

2. CONFERENCE WITH LEGAL COUNSEL–INITIATION OF LITIGATION–TWO CASES - Pursuant to California Government Code Section 54956.9 (d)(4) Potential Litigation.

3. CONFERENCE WITH REAL PROPERTY NEGOTIATOR
Pursuant to California Government Code Section 54956.8, APN: 420-012-16 Agency Negotiators: Lori Ann Farrell Harrison, City Manager Negotiating Parties: State of California
Under Negotiation: Price and Terms of Payment

4. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Pursuant to California Government Code Section 54956.9 (d)(1) Name of Case: City of Costa Mesa v. Ohio House, LLC, a California limited liability corporation; Richard Perlin, Nancy Perlin, Dolores Perlin, and Brandon Stump as individuals, United States District Court, Central District of California, Case No. 8:19-cv-01710 DOC (KESx).
59 Minutes – Regular Meeting – April 5, 2022 Page 2 of 9 Ms. Hall Barlow, City Attorney, requested to add an item to the Closed Session Agenda The item came to the City’s attention after the agenda was posted.

MOVED/SECOND: Mayor Stephens/Council Member Chavez
MOTION: Add an item to the Closed Session Agenda
The motion carried by the following roll call vote:

Ayes: Council Member Chavez, Council Member Gameros, Council Member Harlan, Council member Harper, Mayor Pro Tem Marr, and Mayor Stephens.

Nays: None

Absent: Council Member Reynolds
Motion carried: 6-0

5. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Pursuant to California Government Code Section 54956.9(d)(1) Name of Case: Katherine Sherouse individually and doing business as Camp Lila v.

City of Costa Mesa, et al., United States District Court, Central District of California, Civil Action No. 8:22-cv-00756-JVS-ADSx 4.

City Council recessed at 4:04 p.m. for Closed Session.

Closed Session adjourned at 5:50 p.m.

REGULAR MEETING OF THE CITY COUNCIL AND SUCCESSOR AGENCY

TO THE REDEVELOPMENT AGENCY
APRIL 5, 2022 – 6:00 P.M.

CALL TO ORDER - The Regular City Council and Successor Agency to the Redevelopment Agency and Housing Authority meeting was called to order by Mayor Stephens at 6:01 p.m.

NATIONAL ANTHEM AND PLEDGE OF ALLEGIANCE
National Anthem was led by Jeanette Chervony and Council Member Gameros led the Pledge of Allegiance.

MOMENT OF SOLEMN EXPRESSION
Led by Pastor Ian Stevenson, Trellis.

ROLL CALL

Present: Council Member Chavez, Council Member Gameros, Council Member Harlan, Council Member Harper, Mayor Pro Tem Marr and Mayor Stephens.

Absent: Council Member Reynolds.

CITY ATTORNEY CLOSED SESSION REPORT - No reportable action.

PRESENTATIONS
Mayor Stephens recognized the Costa Mesa High School Cheerleading Team for winning the CIF state championship.
60 Minutes – Regular Meeting – April 5, 2022 Page 3 of 9 Mayor Stephens recognized the Sage Hill High School Girls’ Basketball Team for winning the CIF Division II state championship.

Mayor Stephens presented a proclamation for Sexual Assault Awareness Month.

Presentation on the Bikeway and Walkability Committee by Chair McDonald.

PUBLIC COMMENTS – MATTERS NOT LISTED ON THE AGENDA
Flo Martin, spoke on speeding on Arlington Drive and requested safety improvements.

Wendy Leece, commended Chair McDonald on the presentation, thanked the City Council for the Sexual Assault Awareness Month Proclamation, requested additional police focus on massage parlors, spoke on speeding problems, and spoke on Camp Lila.

Speaker, spoke on the Sexual Assault Proclamation, spoke on the importance of prioritizing the budget to support bikeway and walkability projects, and spoke on state legislation.

Wendy Simao, spoke on noise problems at The 12 Gym.

Jenn Tanaka, spoke in support of a letter by the Bikeway and Walkability Committee regarding budget recommendations and spoke in support of projects that promote bikeability, walkability and safer streets.

Kim Hendricks, showed a powerpoint presentation on Fairview Park.

Chris Collum, spoke on problems associated with a fire at his home.

Daniel Baume, spoke on volunteering for the Labors of Love events and invited volunteers to join the Fairview Park Alliance to remove non-native plants at Fairview Park.

COUNCIL MEMBER COMMITTEE REPORTS, COMMENTS, AND SUGGESTIONS Council Member Chavez congratulated the Sage Hill Girls’ Basketball team and the Costa Mesa High School Cheerleading team, thanked the volunteers that participated in the Shalimar neighborhood clean-up event, congratulated Brenda Emrick on being recognized at the Orange County Women Making a Difference awards ceremony, spoke on the police department’s appreciation banquet, and spoke on a free eye clinic.

Council Member Gameros, spoke on attending the police appreciation banquet and thanked the police and fire departments.

Mayor Pro Tem Marr spoke on attending a meeting with Supervisor Bartlett, attending the South Orange County multi-model stakeholders meeting, spoke in support of active transportation projects, and spoke on replacing turf with California native plants.

Mayor Stephens spoke on attending the police department awards recognition banquet, spoke on the passing of CMPD Sergeant Larry Bersch, CMFD Firefighter Gerald Poarch and Captain Barry Adams, and Barbara Van Holt, Estancia High School veteran drama teacher. 61 Minutes – Regular Meeting – April 5, 2022 Page 4 of 9 REPORT – CITY MANAGER – Ms. Farrell Harrison spoke on attending the police department awards recognition banquet, spoke on the Earth Day festival on April 22 nd, thanked Supervisor Foley for recognizing Brenda Emrick, spoke on National Denim Day on April 27 th, and spoke on the Costa Mesa Firefighter and Firefighter/Paramedic recruitment.

REPORT – CITY ATTORNEY – Requested to adjourn the meeting in memory of her father, and former Assistant City Attorney Harold Potter Jr.

CONSENT CALENDAR
MOVED/SECOND: Council Member Chavez/Council Member Marr MOTION: Approve recommended actions for Consent Calendar Item Nos. 1 through 6 except for item #5 which was pulled from the Consent Calendar.

The motion carried by the following roll call vote:

Ayes: Council Member Chavez, Council Member Gameros, Council Member Harlan, Council Member Harper, Mayor Pro Tem Marr, and Mayor Stephens.

Nays: None

Absent: Council Member Reynolds
Motion carried: 6-0

CONSENT CALENDAR ITEMS

1. PROCEDURAL WAIVER: APPROVE THE READING BY TITLE ONLY OF ALL

ORDINANCES AND RESOLUTIONS
ACTION: City Council, Agency Board, and Housing Authority approved the reading by title only and waived full reading of Ordinances and Resolutions.

2. READING FOLDER
ACTION:

City Council received and filed Claims received by the City Clerk: Ronald Brewer, Chris Corn, Glenn Halperin, Emma Andrade Luna & Cynthia White House, Paula Kemp, Thomas Serra, and United Services Automobile Association (USAA).

3. ADOPTION OF WARRANT RESOLUTION
ACTION:

City Council approved Warrant Resolution No. 2677

4. MINUTES
ACTION:

City Council approved the Minutes of the Regular meeting of March 15, 2022. 62 Minutes – Regular Meeting – April 5, 2022 Page 5 of 9

6. ACQUISITION AND REPLACEMENT OF ESSENTIAL POLICE DEPARTMENT EQUIPMENT FROM AXON ENTERPRISE, INC.

ACTION:

1. City Council authorized the use of NPPCGov Contract (League of Oregon Cities) No. PS20270 with Axon Enterprise, Inc. for the purchase of Axon Tasers T7.

2. Authorized the City Manager to purchase the Axon Tasers T7 replacing the current and outdated Axon Tasers for $446,576 and to execute any necessary documents in connection with such purchase, in a form approved by the City Attorney.

3. Authorized a budget adjustment appropriating $446,576 from the unassigned fund balance in the Asset Forfeiture Fund in the Police Department budget for this purpose

AT THIS TIME THE CITY COUNCIL WILL ADDRESS ANY ITEMS WITHDRAWN FROM THE CONSENT CALENDAR.

5. ORANGE COUNTY REGISTRAR OF VOTERS BALLOT DROP BOX LICENSE

AGREEMENT
Marc Vukcevich, spoke in appreciation of the additional ballot drop box on the Eastside, and spoke on the long lines at the previous election.

MOVED/SECOND: Mayor Pro Tem Marr/Council Member Gameros The motion carried by the following roll call vote:

Ayes: Council Member Chavez, Council Member Gameros, Council Member Harlan, Council Member Harper, Mayor Pro Tem Marr, and Mayor Stephens.

Nays: None

Absent: Council Member Reynolds
Motion carried: 6-0
ACTION: City Council approved the License Agreement with the Orange County Registrar of Voters (ROV) for placement of Official Ballot Drop Box on City property at the Boys and Girls Club of Costa Mesa.
63 Minutes – Regular Meeting – April 5, 2022 Page 6 of 9 PUBLIC HEARINGS:

1. RESOLUTION OF THE CITY’S INTENT TO OVERRULE THE ORANGE COUNTY AIRPORT LAND USE COMMISSION’S INCONSISTENCY DETERMINATION FOR THE CITY OF COSTA MESA’S 2021-2029 6TH CYCLE HOUSING ELEMENT UPDATE
Presentation by Scott Drapkin, Assistant Development Director Discussion on modifications to specific plans and if modifications would trigger further review by the ALUC, and clarification that ALUC is an advisory agency, MOVED/SECOND: Mayor Pro Tem Marr/Council Member Chavez
The motion carried by the following roll call vote:

Ayes: Council Member Chavez, Council Member Gameros, Council Member Harlan, Council Member Harper, Mayor Pro Tem Marr, and Mayor Stephens.

Nays: None

Absent: Council Member Reynolds
Motion carried: 6-0
ACTION:

1. City Council conducted a public hearing and adopted a Resolution regarding the City’s intent to overrule the Orange County Airport Land Use Commission’s inconsistency determination for the City of Costa Mesa’s 2021-2029 6th Cycle Housing Element Update.

2. Directed City staff to forward the Resolution to the Airport Land Use Commission (ALUC), and after 45 days schedule a City Council public hearing to consider overruling ALUC’s determination.

OLD BUSINESS: NONE.

NEW BUSINESS:

1. APPPOINTMENTS TO THE PARKS, ARTS AND COMMUNITY SERVICES

COMMISSION, AND VARIOUS CITY COMMITTEES
Public Comments:

Wendy Leece requested the appointments to the Fairview Park Steering Committee be rescheduled since Council Member Reynolds is absent, spoke on a possible conflict concerning Matthew Garcia, an applicant to the Fairview Park Steering Committee as he is also a member of the Harbor Soaring Society, and requested to be reappointed to the Finance and Pension Advisory Committee, and also as the citizen at large to the Mobile Home Park Advisory Committee.

Marc Vukcevich spoke in support of all the current Bikeway and Walkability Committee members to be reappointed and also supports the appointment of Jenn Tanaka to the Finance and Pension Advisory Committee.
64 Minutes – Regular Meeting – April 5, 2022 Page 7 of 9 Kim Hendricks requested the appointments to the Fairview Park Steering Committee be rescheduled since Council Member Reynolds is absent, spoke on a possible conflict concerning Matthew Garcia, an applicant to the Fairview Park Steering Committee as he is also a member of the Harbor Soaring Society.

End of Public Comments
MOVED/SECOND: Mayor Pro Tem Marr/Mayor Stephens
The motion carried by the following roll call vote:

Ayes: Council Member Chavez, Council Member Gameros, Council Member Harlan, Council Member Harper, Mayor Pro Tem Marr, and Mayor Stephens.

Nays: None

Absent: Council Member Reynolds
Motion carried: 6-0
ACTION: City Council deferred the appointments to the Fairview Park Steering Committee to a future meeting per the request of Council Member Reynolds.

MOVED/SECOND: Mayor Pro Tem Marr/Mayor Stephens
The motion carried by the following roll call vote:

Ayes: Council Member Chavez, Council Member Gameros, Council Member Harlan, Council Member Harper, Mayor Pro Tem Marr, and Mayor Stephens.

Nays: None

Absent: Council Member Reynolds
Motion carried: 6-0
ACTION: City Council appointed Michelle Murphy to the Parks, Arts, and Community Services Commission – District 3.

MOVED/SECOND: Council Member Gameros/Mayor Stephens
The motion carried by the following roll call vote:

Ayes: Council Member Chavez, Council Member Gameros, Council Member Harlan, Council Member Harper, Mayor Pro Tem Marr, and Mayor Stephens.

Nays: None

Absent: Council Member Reynolds
Motion carried: 6-0
ACTION: City Council appointed to the Animal Services Committee: Regular Members - Christina Poulos, Lisa A. Harker, Angela Minjares, Sharon Elder, and as Alternates – Brian Buckner and Jennifer Tanaka.

MOVED/SECOND: Council Member Harlan/Mayor Stephens
The motion carried by the following roll call vote:

Ayes: Council Member Chavez, Council Member Gameros, Council Member Harlan, Council Member Harper, Mayor Pro Tem Marr, and Mayor Stephens.

Nays: None

Absent: Council Member Reynolds
Motion carried: 6-0
65 Minutes – Regular Meeting – April 5, 2022 Page 8 of 9 ACTION: City Council appointed to the Bikeway and Walkability Committee: Regular Members – Ralph Taboada, Flo Martin, Jimmy Vivar, Bridget Gleason, Andrew Barnes, Jennifer Vavra, and as Alternates – Richard Huffman and Benjamin Lechler.

MOVED/SECOND: Council Member Gameros/Council Member Chavez The motion carried by the following roll call vote:

Ayes: Council Member Chavez, Council Member Gameros, Council Member Harlan, Council Member Harper, Mayor Pro Tem Marr, and Mayor Stephens.

Nays: None

Absent: Council Member Reynolds
Motion carried: 6-0
ACTION: City Council appointed to the Cultural Arts Committee: Regular Members – Rocky Evans, Charlene Ashendorf, Justin Fong, Nadine Breslo, Brian Buckner (Term ending 2023).

MOVED/SECOND: Mayor Stephens/Council Member Harlan
The motion carried by the following roll call vote:

Ayes: Council Member Chavez, Council Member Gameros, Council Member Harlan, Council Member Harper, Mayor Pro Tem Marr, and Mayor Stephens.

Nays: None

Absent: Council Member Reynolds
Motion carried: 6-0
ACTION: City Council appointed to the Finance and Pension Advisory Committee: Regular Members – Felice Shiroma, Gary Craig, Altaf Wahid, Jennifer Tanaka, Wendy Leece (Term ending 2023).

MOVED/SECOND: Council Member Chavez/Council Member Gameros The motion carried by the following roll call vote:

Ayes: Council Member Chavez, Council Member Gameros, Council Member Harlan, Council Member Harper, Mayor Pro Tem Marr, and Mayor Stephens.

Nays: None

Absent: Council Member Reynolds
Motion carried: 6-0
ACTION: City Council appointed to the Historical Preservation Committee: Regular Members – Gary Parkin, Shaun McGuinness, John McQueen, Lisa Harker, and as Alternate – Brian Buckner.

MOVED/SECOND: Council Member Chavez/Council Member Gameros The motion carried by the following roll call vote:

Ayes: Council Member Chavez, Council Member Gameros, Council Member Harlan, Council Member Harper, Mayor Pro Tem Marr, and Mayor Stephens.

Nays: None

Absent: Council Member Reynolds
Motion carried: 6-0
66 Minutes – Regular Meeting – April 5, 2022 Page 9 of 9 ACTION: City Council appointed to the Housing and Public Service Grants Committee:

Regular Members – Virginia Walker, Michael Tou, Christian Sotelo, Lisa Buchanan, and as Alternate – Jennifer Vavra.

MOVED/SECOND: Mayor Stephens/Mayor Pro Tem Marr
The motion carried by the following roll call vote:

Ayes: Council Member Chavez, Council Member Gameros, Council Member Harlan, Council Member Harper, Mayor Pro Tem Marr, and Mayor Stephens.

Nays: None

Absent: Council Member Reynolds
Motion carried: 6-0
ACTION: City Council appointed to the Mobile Home Park Advisory Committee:

Independent Citizen at Large – Wendy Leece; Resident Owners – Leslie Chaney-Eames, Tony Dougher; Park Owner or Representative – Vickie Talley.

MOVED/SECOND: Mayor Pro Tem Marr/Council Member Gameros The motion carried by the following roll call vote:

Ayes: Council Member Chavez, Council Member Gameros, Council Member Harlan, Council Member Harper, Mayor Pro Tem Marr, and Mayor Stephens.

Nays: None

Absent: Council Member Reynolds
Motion carried: 6-0
ACTION: City Council renamed the Bikeway and Walkability Committee to the Active Transportation Committee.

ADDITIONAL COUNCIL/BOARD MEMBER COMMITTEE REPORTS, COMMENTS, AND SUGGESTIONS - None
ADJOURNMENT – The Mayor adjourned the meeting at 8:19 p.m. in memory of Barbara Van Holt, Barry Adams, Harry Potter Jr., Larry Bersch, Patrick Banks Hall, and Gerald Poarch Minutes adopted on this 3rd day of May, 2022.
___________________________
John Stephens, Mayor
ATTEST:
___________________________
Brenda Green, City Clerk
67 City of Costa Mesa
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 22-663 Meeting Date: 5/3/2022
TITLE:

WILSON STREET IMPROVEMENT PROJECT, CITY PROJECT NO. 22-01 DEPARTMENT: PUBLIC SERVICES DEPARTMENT/ENGINEERING DIVISION PRESENTED BY: RAJA SETHURAMAN, PUBLIC SERVICES DIRECTOR CONTACT INFORMATION: SEUNG YANG, P.E., CITY ENGINEER (714) 754-5633 RECOMMENDATION:

Staff recommends the City Council:

1. Adopt plans, specifications, and working details for the Wilson Street Improvement Project, City Project No. 22-01.

2. Award a Public Works Agreement (PWA) for construction to All American Asphalt, 400 East Sixth Street, Corona, California 92879 in the amount of $1,795,390.50 (Base Bid including Additive Bids).

3. Authorize the City Manager and City Clerk to execute the PWA for All American Asphalt and future amendments to the agreements within Council authorized limits.

4. Authorize a ten percent (10%) contingency in the amount of $179,539 for construction and unforeseen costs related to this project.

5. Approve a budget transfer, reallocating available Community Development Block Grant (CDBG) budget in the amount of $600,000 to the Wilson Street Improvement Project.

6. Authorize appropriation of Gas Tax Fund balance in the amount of $435,000 to the Wilson Street Improvement Project.

BACKGROUND:

The Wilson Street Improvement Project (Newport Boulevard to Placentia Avenue), City Project No. 22-01, is a Community Development Block Grant (CDBG) federally-funded project that seeks to improve traffic, bicycle, and pedestrian mobility.

The scope of this project consists of the installation of a new crosswalk and median refuge island in front of Wilson Park, which will encourage safe pedestrian crossing. A new High-Intensity Activated CrossWalk (HAWK) will be installed at a future date. The project also includes installation of curb

68 File #: 22-663 Meeting Date: 5/3/2022
extensions at certain intersections between Fordham Drive and Fairview Road.

The project will also include parkway maintenance and street rehabilitation. Parkway improvements will involve reconstruction of concrete curb and gutter, sidewalks, accessible curb ramps, and new sidewalks. Other enhancements will consist of newly installed bicycle lanes with green conflict zones, where feasible, green-back sharrows, street striping and markings.

Street rehabilitation will include removal and reconstruction of damaged pavement sections; milling and overlaying with new asphalt; slurry sealing; adjustment of utility and manhole covers to grade; and implementation of traffic control.

The proposed street improvement project is located in the Westside neighborhood and is shown as Attachment 2.

The contractor is required to complete all of the tasks necessary to perform the scope of work as outlined in the contract documents, plans, and specifications. A copy of specifications and working details are available for review in the Office of the City Clerk or in the Public Services Department, and are posted on the City website at:
<https://www.costamesaca.gov/city-hall/city-departments/public-services/capital-improvement- projects>
ANALYSIS:

The City Clerk received and opened six (6) bids for this project on April 4, 2022. All American Asphalt is the apparent low bidder with a base bid proposal of $1,061,160. The bid abstract for this project is included as Attachment 3.

Staff has elected to add the first Additive Bid Item, which is the rehabilitation of Wilson Street from Harbor Boulevard to Placentia Avenue, for an additional amount of $685,080.50. In addition, staff has elected to include the second Additive Bid Item, which is the median island and crosswalk construction across from Wilson Park in the amount of $49,150.

The apparent low bidder’s base bid plus the two additive bid items is $1,795,390.50. The incorporation of additive bid items will result in a net increase to the base contract in the amount of $734,230.50.

The license and references of All American Asphalt have been checked and staff has found them to be in good standing.

All American Asphalt has successfully completed several projects in the City of Costa Mesa including the Pomona Avenue Improvement Project (from 18th Street to 19th Street), 19th Street Rehabilitation Project (from Newport Boulevard to Park Avenue), Bear Street Improvement Project (from Baker Street to I-405 Freeway), Hamilton Street and Santa Ana Avenue Improvement Project, and the Randolph Avenue Parking and Pedestrian Improvements Project.

Upon City Council award of the PWA, All American Asphalt will furnish the necessary bonds and insurance, which will be approved as to form by Risk Management. After the award and subsequent

69 File #: 22-663 Meeting Date: 5/3/2022
execution of the agreement, a “Notice to Proceed” will be issued.

ALTERNATIVES:

The alternative would be to reject all bids, re-advertise, and re-bid the construction project. Staff has determined that re-advertising and re-bidding the project will not result in lower bids and will delay the project.

FISCAL REVIEW:

Current funding for this project is in the FY 2021-22 Capital Improvement Program (CIP), Community Development Block Grant (CDBG) Fund ($1,165,000) and the Capital Improvement Fund ($234,223).

There is sufficient fund balance in the Gas Tax Fund to appropriate an additional $435,000 needed for the Wilson Street Improvement Project.

LEGAL REVIEW:

The City Attorney’sOffice has reviewed the report, prepared the PWA, and approves them as to form.

CITY COUNCIL GOALS AND PRIORITIES:

This item supports the following City Council goals:
· Strengthen the public’s safety and improve the quality of life.

CONCLUSION:

Staff recommends the City Council:

1. Adopt plans, specifications, and working details for the Wilson Street Improvement Project, City Project No. 22-01.

2. Award a Public Works Agreement (PWA) for construction to All American Asphalt, 400 East Sixth Street, Corona, California 92879 in the amount of $1,795,390.50 (Base Bid including Additive Bids).

3. Authorize the City Manager and City Clerk to execute the PWA (Attachment 1) for All American Asphalt and future amendments to the agreements within Council authorized limits.

4. Authorize a ten percent (10%) contingency in the amount of $179,539 for construction and unforeseen costs related to this project.

5. Approve a budget adjustment, appropriating available Community Development Block Grant (CDBG) budget in the amount of $600,000 to the Wilson Street Improvement Project.

6. Authorize appropriation of Gas Tax Fund balance in the amount of $435,000 to the Wilson Street Improvement Project.

70 1

CITY OF COSTA MESA

PUBLIC WORKS AGREEMENT FOR
CITY PROJECT NO. 22-01

THIS PUBLIC WORKS AGREEMENT (“Agreement”), dated May 3 , 202 2 (“Effective Date”), is made by the CITY OF COSTA MESA, a political subdivisi on of the State of California (“CITY” ), and ALL AMERICAN ASPHALT, a California corporation (“CONTRACTOR”).

WHEREAS, CITY desires to construct the public improvements described below under Paragraph 1, Scope of Work (the “Project”); and

WHEREAS, CITY has determined that CONTRACTOR is the lowest responsible bidder; and

WHEREAS, CITY now desires to contract with CONTRACTOR to furnish construction and related services for the Project; and

WHEREAS, CITY and CONTRACTOR desire to set forth their rights, duties and liabilities in connection with the services to be performed.

NOW, THEREFORE, for and in consideration of the covenants and conditions contained herein, the parties hereby agree as follows:

1. SCOPE OF WORK.

The scope of work generally consists of street improvements, including installation of new concrete curb ramps, concrete driveways, median i slands, traffic loop detectors, traffic and parking signs, pavement striping and markings, grind and overlay and slurry sealing, along Wilson Street from Newport Boulevard to Placentia Avenue, and all other work as depicted within the plans and as described within the specifications associated with the Project (the “Work”).

The Work is further described in the “Contract Documents” referred to below.

The Project is known as the Wilson Street Improvement Project, City Project No. 22-01 – Community Development Bloc k Grant (CDBG) Federally -Funded Proje ct (the “Project”).

2. CONTRACT DOCUMENTS.

The complete Agreement consists of the following documents relating to the Project:
(a) This Agreement;

(b) CONTRACTOR’s bid, attached hereto as Exhibit A and incorporated herein;

ATTACHMENT 1
71 Project and Specification No. 22-01
2 (c) Bid package, including notice inviting bids, complete plans, profiles, detailed drawings and specifications, including general provisions and special provisions. The bid package is incorporated by this reference as if fully set forth herein;

(d) Bid Addendum No. 1, dated March 28, 2022 . The bid addendum is incorporated by this reference as if fully set forth herein;

(e) Bid Addendum No. 2, dated March 2 9, 2022. The bid addendum is incorporated by this reference as if fully set forth herein;

(f) Bid Addendum No. 3, date d March 30, 2022. The bid addendum is incorporated by this reference as if fully set forth herein;

(g) Bid A ddendum No. 4, dated March 31, 2022. The bid addendum is incorporated by this reference as if fully set forth herein;

(h) Bid Addendum No. 5, dated March 31, 2022. The bid addendum is incorporated by this reference as if fully set forth herein;

(i) Federal R equirements, attached hereto as Exhibit B and inc orporated herein;

(j) Faithful Performance Bond and Labor and Material Bond, including agent’s Power of Attorney for each bond , attached hereto as Exhibit C and incorporated herein;

(k) Drug-Free Workplace Policy, attached hereto as Exhibit D and incorporated herein; and

(l) Provisions of the m ost current edition of The Greenbook: Standard Specifications for Public Works Construction (“The Greenbook”). Provisions of The Greenbook are incorporated by this reference as if fully set forth herein.

The documents comprising the complete Agreement wi ll 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 ove r all other Contract Documents. The order of precedence between the remaining Contract Documents shall be as set forth in The Greenbook.

The Contract Documents constitute the entire agreement between the parties and supersede any and all other writings and oral negotiations.

ATTACHMENT 1
72 Project and Specification No. 22-01
3 3. CITY’S REPRESENTATIVE.

The CITY’ s Representative is Seung Yang , referred to herein as the Project Manager (“Project Manager”).

4. CONTRACTOR’S PROJECT MANAGER; PERSONNEL.

(a) Project Manager. CONTRACTOR’s Project Manager must be approved by City. Such approval shall be at CITY’s sole discretion.

(b) Personnel. CITY has the right to review and approve any personnel who are assigned to perform work under this Agreement. CONTRACTOR shall remove personnel from performing work under this Agreement if requested to do so by CITY.

This Paragraph 4 is a material provision of the Agreement.

5. SCHEDULE.

All Work shall be performed in accordance with the schedule approved on behalf of CITY by the Project Manager, and in accordance with the time of performance set forth in Paragraph 11 (Time of Performance).

6. EQUIPMENT - PERFORMANCE OF WORK.

CONTRACTOR shall furnish all tools, equipment, apparatus, facilities, labor and materials necessary to perform and complete the Work 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 h is or her designee, and subject to h is or her approval.

7. COMPENSATION.

CITY shall pay CONTRACTOR in accordance with the fee schedule set forth in CONTRACTOR’s bid. CONTRACTOR’s total compensation shall not exceed One Million Seven Hundred Ninety -Five Thousand Three Hundred Ninety Dollars and Fifty Cents ($1,795,390.50). Such amount includes CONTRACTOR’s Base Bid Schedule (A), in the amount of One Million Sixty-One Thousand One Hundred Sixty Dollars ($1,061,160.00), CONTRACTOR’s Additive Bid Schedule (B) , in th e amount of Six Hundred Eig hty-Five Thousand Eighty Dollars and Fifty Cents ($685,080.50), and CONTRACTOR’s Additive Bid Schedule ( C), in the a mount of Forty -Nine Thousan d One Hundred Fifty Dollars ($49,150.00).

ATTACHMENT 1
73 4

8. ADDITIONAL SERVICES.

CONTRACTOR shall not receive compensation for any services provided outside the scope of the Contract Documents unless such additional services, including change orders, are approved in writing by CITY prior to CONTRACTOR performing the additional services.

It is specifically understood that oral requests or approvals of such additional services, change orders or additional compensation and any approvals from CITY shall be barred and are unenforceable.

9. PAYMENTS TO CONTRACTOR.

On or before the last Monday of each and every month during the performance of the Work, CONTRACTOR shall meet with the Project Manager or his or her designee to determine the quantity of pay items incorporated into the improvement during that month.

A “Progress Payment Order” will then be jointly prepared, approved, and signed by the Project Manager and the CONTRACTOR setting forth the amount to be paid and providing for a five percent (5%) retention. Upon approval of the progress payment order by the Project Manager, or his or her designee, it shall be submitted to CITY’s Finance Department and processed for payment by obtaining approval from the City Council to issue a warrant.

Within three (3) days following City Council’s approval to issue a warrant, CITY shall mail to CONTRACTOR a warrant for the amount specified in the progress payment order as the amount to be paid. The retained five percent (5%) shall be paid to CONTRACTOR thirty-five (35) days after the recording of the Notice of Completion of the Work by the CITY with the Orange County Clerk-Recorder and after CONTRACTOR has furnished releases of all claims against CITY by persons who furnished labor or materials for the Work, if required by CITY.

Upon the request of CONTRACTOR and at its expense, securities equivalent to the amount withheld pursuant to the foregoing provisions may be presented to CITY for substitution for the retained funds. If CITY approves the form and amount of the offered securities it will release the retained fu nds and will hold the securities in lieu thereof.

CONTRACTOR shall be entitled to any interest earned on the securities.

In the event that claims for property damage or bodily injury are presented to CITY arising out of CONTRACTOR’s or any subcontractor’s work under this Agreement, CITY shall give notice thereof to CONTRACTOR, and CONTRACTOR shall have thirty-five (35) days from the mailing of any such notice to evaluate the claim and to settle it by whole or partial payment, or to reject it, and to give notice of settlement or rejection to CITY. If CITY does not receive notice within the above-mentioned 35-day period that the claim has been settled, and if the Project Manager, after consultation with the City Attorney, determines that the claim is meritorious, CITY may pay the claim or a portion of it in exchange for an appropriate release from the claimant, and may deduct the amount of the payment from the retained funds that would otherwise be paid to CONTRACTOR upon completion of the Work; provided, however, that the maximum amount paid for any one claim pursuant ATTACHMENT 1
74 Project and Specification No. 22-01
5 to this provision shall be One Thousand D ollars ($1,000.00), and the maximum amount for all such claims in the aggregate paid pursuant to this provision shall be Five Thousand Dollars ($5,000.00).

10. PROMPT PAYMENT OF SUBCONTRACTORS.

CONTRACTOR agrees to pay each subcontractor under this Agreement for satisfactory performance of its contract no later than seven (7) days from the receipt of each payment the CONTRACTOR receives from CITY.

CONTRACTOR agrees further to release retainage payments to each subcontractor within thirty ( 30) days after the subcontractor’s work is satisfactorily completed.

Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of the CITY.

11. TIME OF PERFORMANCE.

CONTRACTOR shall commence Work by the date specified in CITY’s Notice to Proceed, unless a later date is agreed upon in writing by the parties. The Work shall be completed within fifty (50) working days from the first day of commencement of the Work.

12. TERMINATION.

(a) Termination for Convenience.

CITY may terminate this Agreement at any time, with or without cause, by providing thirty (30) days’ written notice to CONTRACTOR.

(b) Termination for Breach of Contract.

(i) If CONTRACTOR refuses or fails to prosecute the Work or any severable part of it with such diligence as will ensure its timely completion, or if CONTRACTOR fails to complete the Work on time, or if CONTRACTOR, or any subcontractor, violates any of the provisions of the Contract Documents, the Project Manager may give written notice to CONTRACTOR and CONTRACTOR’s sureties of the CITY’s intention to terminate this Agreement; and, unless within five (5) days after the serving of that notice, such conduct shall cease and arrangements for the correction thereof be made to the satisfaction of the CITY, this Agreement may be terminated at the option of CITY effective upon CONTRACTOR’s receipt of a second notice sent by the CITY indicating that the CITY has exercised its option to terminate.

(ii) If CONTRACTOR is adjudged bankrupt or files for any relief under the Federal Bankruptcy Code or State insolvency laws, this Agreement shall automatically terminate without any further action or notice by CITY.

ATTACHMENT 1
75 Project and Specification No. 22-01
6 (iii) If CONTRACTOR is in breach of any material provision of this Agreement, CITY may immediately terminate this Agreement by providing written notice to CONTRACTOR of same.

13. LIQUIDATED DAMAGES.

In the event the Work is not completed, for any reason, within the time required including any approved extensions of time, and to the satisfaction of the Project Manager, CITY may, in addition to any other remedies, equitable and legal, including re medies authorized by Paragraph 12 (Termination) of this Agreement, charge to CONTRACTOR or its sureties, or deduct from payments or credits due CONTRACTOR, a sum equal to Four Thousand Dollars ($4,000.00) as liquidated damages for each calendar day beyond the date provided for the completion of such Work.

The parties hereto agree that the amount set forth above, as liquidated damages constitutes a fair and reasonable estimate of the costs the CITY would suffer for each day that the CONTRACTOR fails to meet the performance schedule. The parties hereby agree and acknowledge that the delays in the performance schedule will cause CITY to incur costs and expenses not contemplated by this Agreement.

14. PERFORMANCE BY SURETIES.

In the event CONTRACTOR fails or refuses to perform the Work, CITY may provide CONTRACTOR with a notice of inte nt to terminate as provided in P aragraph 12 (Termination), of this Agreement. CITY shall immediately give written notice of such intent to terminate to CONTRACTOR and CONTRACTOR’s surety or sureties, and the sureties shall have the right to take over and perform this Agreement; provided, however, that the 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 1 3 (Liquidated Damages), incurred by CITY. In such event, CITY may, without liability for so doing, take possession of such materials, equipment, tools, appliances, Contract Documents and other property belonging to CONTRACTOR as may be on the site of the Work and reasonably necessary therefor and may use them to complete the Work.

15. DISPUTES PERTAINING TO PAYMENT FOR WORK.

Should any dispute arise respecting whether any delay is excusable, or its duration, or the value of the Work done, or of any Work omitted, or of any extra Work which CONTRACTOR may be required to do, or respecting any payment to CONTRACTOR during the performance of this Agreement, such dispute shall be decided ATTACHMENT 1
76 Project and Specification No. 22-01
7 by the Project Manager , and his or her decisions shall be final and binding upon CONTRACTOR and its sureties.

16. SUPERINTENDENCE BY CONTRACTOR.

At all times during performance of the Work, CONTRA CTOR shall give personal superintendence or have a competent foreman or superintendent on the worksite, with authority to act for CONTRACTOR.

17. INSPECTION BY CITY.

CONTRACTOR shall at all times maintain proper facilities and provide safe access for inspection by CITY to all parts of the Work and to all shops on or off -site where the Work or portions of the Work, are in preparation. CITY shall have the right of access to the premises for inspection at all times. However, CITY shall, at all times, comp ly with CONTRACTOR’s safety requirements on the job site.

18. CARE OF THE WORK AND OFF-SITE AUTHORIZATION.

CONTRACTOR warrants that it has examined the site of the Work and is familiar with its topography and condition, location of property lines, easem ents, building lines and other physical factors and limitations affecting the performance of this Agree ment.

CONTRACTOR, at CONTRACTOR’s sole cost and expense, shall obtain any permission, and all approvals, licenses, or easements necessary for any operations conducted off the premises owned or controlled by CITY. CONTRACTOR shall be responsible for the proper care and protection of all materials delivered to the site or stored off -site and for the Work performed until completion and final inspection and ac ceptance by CITY. The risk, damage or destruction of materials delivered to the site or to Work performed shall be borne by CONTRACTOR.

19. CONTRACT SECURITY AND GUARANTEE.

Unless previously provided by CONTRACTOR to CITY, CONTRACTOR shall furnish, concurrently with the execution of this Agreement, the following: (1) a surety bond in an amount equal to one hundred percent (100%) of the contract price as security for the faithful performance of this Agreement, and (2) a separate surety bond in an amount equal to at least one hundred percent (100%) of the contract price as security for the payment of all persons furnishing labor or materials in connection with the Work under this Agreement. Sureties for each of the bonds and the forms thereof shall be satisfactory to CITY. In addition, such sureties must be authorized to issue bonds in California; sureties must be listed on the latest revision to the U.S. Department of the Treasury Circular 570; and must be shown to have sufficient bonding capacity to provide the bonds required by the Contract Documents.

CONTRACTOR shall provide a certified copy of the certificate of authority of the surety issued by the Insurance Commissioner; a certificate from the clerk of the county in which the court or officer is loca ted that the certificate of authority of the surety has not been surrendered, revoked, canceled, annulled, or suspended or, in the event that it has, ATTACHMENT 1
77 Project and Specification No. 22-01
8 that renewed authority has been gr anted; and copies of the surety’ s most recent annual statement and quart erly statement filed with the Department of Insurance pursuant to Article 10 (commencing with Section 900) of Chapter 1 of Part 2 of Division 1 of the Insurance Code.

CONTRACTOR guarantees that all materials used in the Work and all labor performed shall be in conformity with the Contract Documents including, but not limited to, the standards and specifications set forth in the most current edition of The Greenbook.

CONTRACTOR shall, at its own expense, make any and all repairs and replacements that shall become necessary as the result of any failure of the Work to conform to the aforementioned Contract Documents, and/or standard specifications; provided, however, that CONTRACTOR shall be obligated under this provision only to the extent of those failures or defects of which CONTRACTOR is given notice within a period of twelve (12) months from the date that the Notice of Completion is recorded.

The rights and remedies a vailable to CITY pursuant to this provision shall be cumulative with all rights and remedies available to CITY pursuant to statutory and common law, which rights and remedies are hereby expressly reserved, and neither the foregoing guarantee by CONTRACTOR nor its furnishing of the bonds, nor acceptance thereof by CITY, shall constitute a waiver of any rights or remedies available to CITY against CONTRACTOR.

20. INDEMNIFICATION.

CONTRACTOR agrees to protect, defend, indemnify and hold harmless CITY and its elected and appointed boards, officers, agents, and employees from any and all claims, liabilities, expenses, or damages of any nature, including attorneys’ fees, for injury to or death of any person, and for injury or damage to any property, including consequential damages of any nature resulting therefrom, arising out of or in any way connected with the performance of this Agreement . The defense obligation provided for hereunder shall apply without any advance showing of negligence or wrongdoing by the CONTRACTOR, its employees, and/or authorized subcontractors, but shall be required whenever any claim, action, complaint, or suit asserts as its basis the negligence, errors, omissions or misconduct of the CONTRACTOR, its employees, and/or authorized subcontractors, and/or whenever any claim, action, complaint or suit asserts liability against the CITY, its elected officials, officers, agents and employees based upon the work performed by the CONTRACTOR, its employees, and/or authorized subcontractors under this Agreement, whether or not the CONTRACTOR, its employees, and/or authorized subcontractors are specifically named or otherwise asserted to be liable.

Notwithstanding the foregoing, the CONTRACTOR shall not be liable for the defense or indemnification of the CITY for claims, actions, complaints or suits arising out of the sole active negligence or willful misconduct of the CITY. This provision shall supersede and replace all other indemnity provision s contained either in the CITY’ s specifications or CONTRACTOR’s proposal, which shall be of no force and effect.

CONTRACTOR shall comply with all o f 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 ATTACHMENT 1
78 Project and Specification No. 22-01
9 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 C ONTRACTOR which it may have by reason of the above hold harmless agreements, because of the acceptance by CITY or the deposit with CITY by CONTRACTOR of any or all of the insurance policies described in Paragraph 21 (Insurance) of this Agreement.

The hold harmless agreements by CONTRACTOR shall apply to all liabilities, expenses, claims, and damages of every kind (including but not limited to attorneys’ fees) incurred or alleged to have been incurred, by reason of the operations of CONTRACTOR or any subcontractor or others performing on behalf of CONTRACTOR, whether or not such insurance policies are applicable. CONTRACTOR shall require any and all tiers of subcontractors to afford the same degree of indemnification to the CITY OF COSTA MESA and its ele cted and appointed boards, officers, agents, and employees that is required of CONTRACTOR and shall incorporate identical indemnity provisions in all contracts between CONTRACTOR and all tiers of its subcontractors.

In the event that CONTRACTOR and CITY are sued by a third party for damages caused or allegedly caused by negligent or other wrongful conduct of CONTRACTOR, or by a dangerous condition of CITY’s property created by CONTRACTOR or existing while the property was under the con trol 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.

21. INSURANCE.

(a) Minimum Scope and Limits of Insurance . CONTRACTOR shall not commence Work under this Agreement until it has obtained all insurance required under this Paragraph 21 and CITY has approved the insurance as to form, amount, and carrier, nor shall CONTRACTOR allow any subcontractor to commence any Work until all similar insurance required of the subcontractor has been obtained and approved.

CONTRACTOR shall obtain, maintain, and keep in full force and effect during the life of this Agreement all of the following minimum scope of insurance coverages with an insurance company admitted to do business in California, rated “A,” Class X, or better in the most recent Best’s Key Insurance Rating Guide, and approved by CITY:

(i) Commercial general liabili ty, including premises -operations, products/completed operations, broad form property damage, blanket contractual liability, independent contractors, personal injury or bodily injury ATTACHMENT 1
79 Project and Specification No. 22-01
10 with a policy limit of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence. If such insurance contains a general aggregate limit, it shall apply separately to this Agreement or shall be twice the required occurrence limit.

(ii) Business automobile liability for owned vehicles, hired, and non -owned vehicles, with a policy limit of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence for bodily injury and property damage.

(iii) Workers’ compensation insurance as required by the State of California , with Statutory Li mits, and Employer’s Liability insurance with a limit of no less than One Million Dollars ($1,000,000.00) per accident for bodily injury or disease. CONTRACTOR agrees to waive, and to obtain endorsements from its workers’ compensation insurer waiving subrogation rights under its workers’ compensation insurance policy against the CITY, its officers, agents, employees, and volunteers arising from work performed by CONTRACTOR for the CITY and to require each of its subcontractors, if any, to do likewise under their workers’ compensation insurance policies.

(iv) Umbrella or excess liability insurance that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability, automobile liability, and employer’s liability. Such policy or policies shall include the following terms and conditions:

(1) A drop down feature requiring the policy to respond in the event that any primary insurance that would otherwise have applied proves to be uncollectable in whole or in part for any reason;
(2) Pay on behalf of wording as opposed to reimbursement; (3) Concurrency of effective dates with primary policies; (4) Policies shall “follow form” to underlying primary policies; and (5) Insureds under primary policies shall also be insureds under the umbrella or excess policies.

(b) Endorsements. The commercial general liability insurance policy and business automobile liability policy shall contain or be endorsed to contain the following provisions:

(i) Additional insureds: The City of Costa Mesa and its elected and appointed boards, officers, officials, agents, employees, and volunteers are additional insureds with respect to: liability arising out of activities performed by or on behalf of the CONTRACTOR pursuant to its contract with the City; products and completed operations of the CONTRACTOR; premises owned, occupied or used by the CONTRACTOR; automobiles owned, l eased, hired, or borrowed by the CONTRACTOR.”

(ii) Notice: “Said policy shall not terminate, nor shall it be canceled nor the ATTACHMENT 1
80 Project and Specification No. 22-01
11 coverage reduced, until thirty (30) days after written notice is given to CITY.”

(iii) Other Insurance: “CONTRACTOR’s insurance coverage shall be primary insurance as respects the City of Costa Mesa, its officers, officials, agents, employees, and volunteers. Any other insurance maintained by the City of Costa Mesa shall be excess and not contributing with the insuran ce provided by this policy.”

(c) Reporting Provisions . Any failure of CONTRACTOR to comply with the reporting provisions of the policies shall not affect coverage provided to the City of Costa Mesa, its officers, officials, agents, employees, and volunteers.

(d) Insurance Applies Separately . CONTRACTOR’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.

(e) Deductible or Self-Insured Retention. If any of such policies provide for a deductible or self -insured retention to provide such coverage, the amount of such deductible or self -insured retention shall be approved in advance by CITY. No policy of insurance issued as to which the CITY is an additional insured shall contain a provision which requires that no insured except the named insured can satisfy any such deductible or self-insured retention.

(f) Proof of Insurance. Prior to commencement of the Work, CONTRACTOR shall furnish CITY, through the Project Manager, proof of compliance with the above insurance requirements in a form satisfactory to City’s Risk Management.

(g) Non-Limiting. Nothing in this Paragraph 21 shall be construed as limiting in any way, the indemnification provision contained in this Agreement, or the extent to which Consultant may be held responsible for payments of damages to persons or property.

22. PREVAILING WAGE REQUIREMENTS.

(a) Prevailing Wage Laws . CONTRACTOR is aware of the requirements of Chapter 1 (beginning at Section 1720 et seq.) of Part 7 of Division 2 of the California Labor Code, as well as Title 8, Section 16000 et seq. of the California Code of Regulations (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. This Project is a “public works” project and requires compliance with the Prevailing Wage Laws. CONTRACTOR shall defend, indemnify and hold the CITY, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

(b) Payment of Prevailing Wages . CONTRACTOR shall pay the prevailing wage rates for all work performed under this Agreement. When any craft or classification is omitted from the general prevailing wage determinations, CONTRACTOR shall pay the wage rate of the craft or classification most closely related to the omitted classification. A copy of the general prevailing wage rate determination is on file in the Office of the City ATTACHMENT 1
81 Project and Specification No. 22-01
12 Clerk and is incorporated into this Agreement as if fully set forth herein. CONTRACTOR shall post a copy of such wage rates at all times at the project site(s).

(c) Legal Working Day . In accordance with the provisions of Labor Code Section 1810 et seq., eight (8) hours is the legal working day. CONTRACTOR and any subcontractor(s) of CONTRACTOR shall comply with the provisions of the Labor Code regarding eight (8)-hour work day and 40 -hour work week requirements, and overtime, Saturday, Sunday, and holiday work. Work performed by C ONTRACTOR’s or any subcontractor’s employees in excess of eight (8) hours per day, and 40 hours during any one week, must include compensation for all hours worke d in excess of eight (8) hours per day, or 40 hours during any one week, at not less than one and one -half times the basic rate of pay. CONTRACTOR shall forfeit as a penalty to CITY Twenty-Five Dollars ($25.00), or any greater penalty set forth in the Labor Code, for each worker employed in the execution of the Work by CONTRACTOR or by any subcontractor(s) of CONTRACTOR, for each calendar day during which such worker is required or permitted to the work more than eight (8) hours in one calendar day or more than 40 hours in any one calendar week in violation of the Labor Code.

(d) Apprentices. CONTRACTOR shall comply with the provisions of Labor Code Section 1777.5 concerning the employment of apprentices on public works projects.

CONTRACTOR shall be responsible for ensuring compliance by its subcontractors with Labor Code Section 1777.5.

(e) Payroll Records. Pursuant to Labor Code Section 1776, CONTRACTOR and any subcontractor(s) shall keep accurate payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by CONTRACTOR or any subcontractor in connection with this Agreement. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following:
(1) The information contained in the payroll record is true and correct; and (2) The employer has complied with the requirements of Sections 1771, 1881, and 1815 of the Labor Code for any work performed by his or her employees on th is Project. The payroll records shall be certified and shall be available for inspection at all reasonable hours in accordance with the requirements of Labor Code Section 1776. CONTRACTOR shall also furnish each week to CITY’s Project Administration Division a statement with respect to the wages of each of its employees during the preceding weekly payroll period.

(f) Registration with DIR . CONTRACTOR and any subcontractor(s) of CONTRACTOR shall comply with the provisions of Labor Code Section 1771 and Labor Code Section 1725.5 requiring registration with the DIR.

(g) Davis-Bacon and Related Acts. Notwithstanding the foregoing provisions, this Project is funded in whole or in part with Commu nity Development Block Grant (CDBG) funds provided by the U.S. Department of Housing and Urban Development (HUD). Federal Labor Standards Provisions, including prevailing wage requirements of the Davis-Bacon and Related Acts, will be enforced.

ATTACHMENT 1
82 Project and Specification No. 22-01
13 23. COMPLIANCE WITH ALL LAWS.

CONTRACTOR shall, at its own cost and expense, comply with all applicable local, state, and fed eral laws, regulations, and requirements in the performance of this Agreement, including but not limited to laws regarding health and safety, labor and employment, and wage and hours.

24. DRUG-FREE WORKPLACE POLICY.

CONTRACTOR, upon notification of the award of this Agreement, shall establish a Drug-Free Awareness Program to inform employees of the dangers of drug abuse in the workplace, the penalties that may be imposed upon employees for drug abuse violations occurring in the workpl ace, 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 t he requiremen ts of CITY’ s Policy No. 100 -5, attached hereto. Failure to establish a program, notify employ ees, or inform the CITY of a drug-related workplace conviction will constitute a material breach of contract and cause for immediate termination of the contract by the CITY.

25. NON–DISCRIMINATION.

In performing this Agreement, CONTRACTOR will not engage in, nor permit its agents to engage in, discrimination in employ ment of persons because of their race, religion, color, national origin, ancestry, physical ha ndicap, medical condition, marital status or sex, or sexual orientation, except as permitted pursuant to Section 12940 of the Government Code. Violation of this provision may result in the imposition of penalties referred to in Section 1735 of the California Labor Code.

26. PROVISIONS CUMULATIVE.

The provisions of this Agreement are cumulative and in addition to, and not in 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 pe rsonally 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:

ATTACHMENT 1
83 Project and Specification No. 22-01
14 City of Costa Mesa
77 Fair Drive
Costa Mesa, CA 92626
Attn: Seung Yang

Notices required to be given to CONTRACTOR shall be addressed as follows:

All American Asphalt
400 E. Sixth Street
Corona, CA 92879
Attn: Kimberly Bird

Notices required to be given to CONTRACTOR’ s sureties shall be addressed as follows:

[To be inserted following award of contract by City Council.]

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 contai ned 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 pa rtner 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 relation ship other than an independent contractor relationship.

29. PERS ELIGIBILITY INDEMNIFICATION.

In the event that CONTRACTOR or any employee, agent, or subcontractor of CONTRACTOR providing services under this Agreement claims or is determined by a court of competent jurisdiction or the Ca lifornia Public Employees ’ Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the CITY, CONTRACTOR shall indemnify, defend, and hold harmless CITY for the payment of any employee and/or employer contributions for PERS benefits on behalf of CONTRACTOR or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of CITY.

Notwithstanding any other agency, state or federal policy, rule, regulation, l aw or ordinance to the contrary, CONTRACTOR and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any ATTACHMENT 1
84 Project and Specification No. 22-01
15 incident of employment by CITY, including but not limited to eligibility to enroll in PERS as an employee of CITY and entitlement to any contribution to be paid by CITY for employer contribution and/or employee contributions for PERS benefits.

30. SECTION 3 ECONOMIC OPPORTUNITIES COMPLIANCE.

CONTRACTOR acknowledges that this Agreement is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (“Section 3”). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by Section 3, shall, to the greatest extent feasible, be directed to low - and very low - income persons, particularly persons who are recipients of HUD assistance for housing.

CITY and CONTRACTOR agree to comply with HUD’s regulations in 24 CFR Part 135 (“Part 135”), which implement Section 3. As evidenced by their execution of this Agreement, CITY and CONTRACTOR certify that they are under no contractual or other impediment that would prevent them from complying with the Part 135 regulations.

CONTRACTOR agrees to send to each labor organization or representative of workers with which CONTRACTOR has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers’ representative of CONTRACTOR’s commitment s under this Section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin.

CONTRACTOR agrees to include this Section 3 clause in every subcontract subject to compliance with Part 135 regulations, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR Part 135.

CONTRACTOR will not subcontract with any subcontractor where CONTACTOR has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR Part 135.

CONTRACTOR will certify that any vacant employment positions, including training positions, that are filled after CONTRACTOR is selected but before the Agreement is executed with persons other than those to whom the regulations of 24 CFR Part 135 require employment opportunities to be directed, were not filled to circumvent CONTRACTOR’s obligations under 24 CFR Part 135.

CONTRACTOR understands that noncompliance with HUD’s regulations in 24 CFR Part 135 may result in sanctions, termination of this Agreement for default, and debarment or suspension from future HUD-assisted contracts.

ATTACHMENT 1
85 Project and Specification No. 22-01
16 31. FEDERAL REQUIREMENTS.

This Project is funded in whole or in part by federal funds and subject to the Federal Requirements set forth in Exhibit B to this Agreement. CONTRACTOR agrees to comply with said Federal Requirements and all federal requirements applicable to the Project.

CONTRACTOR shall comply with all applicable state and local codes, ordinances and other applicable laws, all applicable CDBG program requirements and any amendments hereafter to CDBG program guidelines and requirements.

32. VALIDITY.

The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any of the other provisions of this Agreement.

33. GOVERNING LAW.

This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any legal action relating to or arising out of this Agreement shall be subject to the jurisdiction of the County of Orange, California.

34. NO THIRD PARTY BENEFICIARY RIGHTS.

This Agreement is entered into for the sole benefit of the CITY and CONTRACTOR and no other parties are intended to be direct or incidental beneficiaries of this Agreement and no third party shall have any right in, under or to this Agreement.

35. ASSIGNABILITY.

This Agreement may not be transferred or assigned by either party, or by operation of law, to any other person or persons or business entity, without the other party’s written permission. Any such transfer or assignment, or attempted transfer or assignment , without written permission, may be deemed by the other party to constitute a voluntary termination of this Agreement and this Agreement shall thereafter be deemed terminated and void.

36. WAIVER.

No waiver of any provision of this Agreement shall be effect ive unless in writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is sought referring expressly to this Paragraph. The waiver of any right or remedy in respect to any occurrence or event shall not be dee med a waiver of any right or remedy in respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver.

37. HEADINGS.

Section and subsection headings are not to be considered part of this Agreement, ATTACHMENT 1
86 Project and Specification No. 22-01
17 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.

38. COUNTERPARTS.

This Agreement may be executed in one or more counterparts by the parties hereto. All counterparts shall be construed together and shall constitute one Agreement.

39. CORPORATE AUTHORITY.

The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by doing so, the parties hereto are formally bound to the provisions of this Agreement.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their respective authorized officers, as of the date first above written.

CITY OF COSTA MESA,
A municipal corporation

__________________________________ Date: _____________________ Lori Ann Farrell Harrison
City Manager

CONTRACTOR

__________________________________ Date: _____________________ Edward J. Carlson
Vice President

ATTEST:

__________________________________ Date: _____________________ Brenda Green
City Clerk

ATTACHMENT 1
87 Project and Specification No. 22-01
18 APPROVED AS TO FORM:

__________________________________ Date: _____________________ Kimberly Hall Barlow
City Attorney

APPROVED AS TO INSURANCE:

__________________________________ Date: _____________________ Ruth Wang
Risk Management

APPROVED AS TO PURCHASING:

__________________________________ Date: _____________________ Carol Molina
Finance Director

DEPARTMENTAL APPROVAL:

__________________________________ Date: _____________________ Raja Sethuraman
Public Services Director

__________________________________ Date: _____________________ Seung Yang
Project Manager

ATTACHMENT 1
88 EXHIBIT A

CONTRACTOR’S BID

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One Million, Sixty One Thousand, One Hundred -
Sixty and Zero Cents
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A
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N/A
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1051374
1000064823
N
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$1,795,390.50

0.00%

0.00%
ATTACHMENT 1
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All American Asphalt
04/04 @2 PM
ATTACHMENT 1
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1.09%

1.85%

1.27%

5.90%
N
N
N
N
Pavement Rehab Company - Prices
Pavement Rehab Company
1181 Princess Ct.

Costa Mesa, Ca. 92626
ATTACHMENT 1
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170
Contractor Name: All American Asphalt Bid Date: 03/31/22 @ 2:00 PM Job Name: WILSON STREET IMPROVEMENTS, NO. 22-01 (CDBG)
DBE / SEC. 3 Business Contact Log
for Documenting Contact with: DBE & SEC. 3 Local Businesses Date Time Mode of Phone
Contact or Fax (if fax
was sent)
3/29/2022 11:15 AM Fed Ex Global Road Sealing, Inc. See Attached Estimating 3/29/2022 11:15 AM Fed Ex CAT Tracking, Inc. See Attached Estimating 3/29/2022 11:15 AM Fed Ex Mission Paving and Sealing,
Inc. See Attached Estimating
3/29/2022 11:15 AM Fed Ex California Professional
Engineering, Inc. See Attached Estimating
3/29/2022 11:15 AM Fed Ex CL Survying and Mapping See Attached Estimating 3/29/2022 11:15 AM Fed Ex Caseland Surveying, Inc. See Attached Estimating 3/29/2022 11:15 AM Fed Ex Traffic Loops Crackfilling, Inc. See Attached Estimating 3/29/2022 11:15 AM Fed Ex CEI Construction Division of
Crescendo Electrionic, Inc. See Attached Estimating
3/29/2022 11:15 AM Fed Ex Smithson Electric, Inc. See Attached Estimating 3/29/2022 11:15 AM Fed Ex E-Nor Innovations See Attached Estimating 3/29/2022 11:15 AM Fed Ex Payco Specialities, Inc. See Attached Estimating 3/29/2022 11:15 AM Fed Ex All for 1 Engineering See Attached Estimating 3/29/2022 11:15 AM Fed Ex J&S Striping See Attached Estimating 3/29/2022 11:15 AM Fed Ex Super Seal and Striping See Attached Estimating 3/29/2022 11:15 AM Fed Ex Abratique & Associates, Inc. See Attached Estimating 3/29/2022 11:15 AM Fed Ex J&S Striping See Attached Estimating See Attached
See Attached
See Attached
See Attached
See Attached
See Attached
See Attached
Company Results of
Conversation
Contact Person
See Attached
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EXHIBIT B

FEDERAL REQUIREMENTS

ATTACHMENT 1
235

Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language
I. G eneral
II.

Nondiscrimination
III.

No segregated Facilities
IV.

Davis-Bacon and Related Act Provisions
V.

Contract Work Hours and Safety Standards Act Provisions VI.

Subletting or Assigning the Contract
VII.

Safety: Accident Prevention
VIII.

False Statements Concerning Highway Projects
IX.

Implementation of Clean Air Act and Federal Water Pollution Control Act
X.

Compliance with Government wide Suspension and Debarment Requirements
XI.

Certification Regarding Use of Contract Funds for Lobbying

ATTACHMENTS
A.

Employment and Materials Preference for Appalachian Development Highway System or Appalachian Local Access Road Contracts (included in Appalachian contracts only)
I.

GENERAL

1. Form FHWA-1273 must be physically incorporated in each construction contract funded under Title 23 (excluding emergency contracts solely intended for debris removal). The contractor (or subcontractor) must insert this form in each subcontract and further require its inclusion in all lower tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services).

The applicable requirements of Form FHWA-1273 are incorporated by reference for work done under any purchase order, rental agreement or agreement for other services. The prime contractor shall be responsible for compliance by any subcontractor, lower-tier subcontractor or service provider.

Form FHWA-1273 must be included in all Federal-aid design-build contracts, in all subcontracts and in lower tier subcontracts (excluding subcontracts for design services, purchase orders, rental agreements and other agreements for supplies or services). The design-builder shall be responsible for compliance by any subcontractor, lower-tier subcontractor or service provider.

Contracting agencies may reference Form FHWA-1273 in bid proposal or request for proposal documents, however, the Form FHWA-1273 must be physically incorporated (not referenced) in all contracts, subcontracts and lower-tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services related to a construction contract).

2. Subject to the applicability criteria noted in the following sections, these contract provisions shall apply to all work performed on the contract by the contractor's own organization and with the assistance of workers under the contractor's immediate superintendence and to all work performed on the contract by piecework, station work, or by subcontract.

3. A breach of any of the stipulations contained in these Required Contract Provisions may be sufficient grounds for withholding of progress payments, withholding of final payment, termination of the contract, suspension / debarment or any other action determined to be appropriate by the contracting agency and FHWA.

4. Selection of Labor: During the performance of this contract, the contractor shall not use convict labor for any purpose within the limits of a construction project on a Federal-aid highway unless it is labor performed by convicts who are on parole, supervised release, or probation. The term Federal-aid highway does not include roadways functionally classified as local roads or rural minor collectors.

II. NONDISCRIMINATION
The provisions of this section related to 23 CFR Part 230 are applicable to all Federal-aid construction contracts and to all related construction subcontracts of $10,000 or more. The provisions of 23 CFR Part 230 are not applicable to material supply, engineering, or architectural service contracts.

In addition, the contractor and all subcontractors must comply with the following policies: Executive Order 11246, 41 CFR 60, 29 CFR 1625 -
1627, Title 23 USC Section 140, the Rehabilitation Act of 1973, as amended (29 USC 794), Title VI of the Civil Rights Act of 1964, as amended, and related regulations including 49 CFR Parts 21, 26 and 27; and 23 CFR Parts 200, 230, and 633.

The contractor and all subcontractors must comply with: the requirements of the Equal Opportunity Clause in 41 CFR 60-1.4(b) and, for all construction contracts exceeding $10,000, the Standard Federal Equal Employment Opportunity Construction Contract Specifications in 41 CFR 60-4.3.

Note: The U.S. Department of Labor has exclusive authority to determine compliance with Executive Order 11246 and the policies of the Secretary of Labor including 41 CFR 60, and 29 CFR 1625-1627.

The contracting agency and the FHWA have the authority and the responsibility to ensure compliance with Title 23 USC Section 140, the Rehabilitation Act of 1973, as amended (29 USC 794), and Title VI of the Civil Rights Act of 1964, as amended, and related regulations including 49 CFR Parts 21, 26 and 27; and 23 CFR Parts 200, 230, and 633.

The following provision is adopted from 23 CFR 230, Appendix A, with appropriate revisions to conform to the U.S. Department of Labor (US DOL) and FHWA requirements.

1. Equal Employment Opportunity: Equal employment opportunity (EEO) requirements not to discriminate and to take affirmative action to assure equal opportunity as set forth under laws, executive orders, rules, regulations (28 CFR 35, 29 CFR 1630, 29 CFR 1625-1627, 41 CFR 60 and 49 CFR 27) and orders of the Secretary of Labor as modified by the provisions prescribed herein, and imposed pursuant to 23 U.S.C. 140 shall constitute the EEO and specific affirmative action standards for the contractor's project activities under this contract. The provisions of the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) set forth under 28 CFR 35 and 29 CFR 1630 are incorporated by reference in this contract. In the execution of this contract, the contractor agrees to comply with the following minimum specific requirement activities of EEO:
a.

The contractor will work with the contracting agency and the Federal Government to ensure that it has made every good faith effort to provide equal opportunity with respect to all of its terms and conditions of employment and in their review of activities under the contract.
b.

The contractor will accept as its operating policy thefollowing statement:
"It is the policy of this Company to assure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, sex, color, national origin, age or disability. Such action shall include: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship, pre-apprenticeship, and/or on-the-job training." FHWA-1273 -- Revised May 1, 2012
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2. EEO Officer: The contractor will designate and make known to the contracting officers and EEO Officer who will have the responsibility for and must be capable of effectively administering and promoting and active EEO program and who must be assigned adequate authority and responsibility to do so.

3. Dissemination of Policy: All members of the contractor's staff who are authorized to hire, supervise, promote, and discharge employees, or who recommend such action, or who are
substantially involved in such action, will be made fully cognizant of, and will implement, the contractor's EEO policy and contractual responsibilities to provide EEO in each grade and classification of employment. To ensure that the above agreement will be met, the following actions will be taken as a minimum:
a.

Periodic meetings of supervisory and personnel office
employees will be conducted before the start of work and then not less often than once every six months, at which time the contractor's EEO policy and its implementation will be reviewed and explained. The meetings will be conducted by the EEO Officer.
b.

All new supervisory or personnel office employees will be given a thorough indoctrination by the EEO Officer, covering all major aspects of the contractor's EEO obligations within thirty days following their reporting for duty with the contractor. c.

All personnel who are engaged in direct recruitment for the project will be instructed by the EEO Officer in the contractor's procedures for locating and hiring minorities and women. d.

Notices and posters setting forth the contractor's EEO policy will be placed in areas readily accessible to employees, applicants for employment and potential employees.
e.

The contractor's EEO policy and the procedures to implement such policy will be brought to the attention of employees by means of meetings, employee handbooks, or other appropriate means.

4. Recruitment: When advertising for employees, the contractor will include in all advertisements for employees the notation: "An Equal Opportunity Employer." All such advertisements will be placed in publications having a large circulation among minorities and women in the area from which the project work force would normally be derived.
a.

The contractor will, unless precluded by a valid bargaining agreement, conduct systematic and direct recruitment through public and private employee referral sources likely to yield qualified minorities and women. To meet this requirement, the contractor will identify sources of potential minority group employees, and establish with such identified sources
procedures whereby minority and women applicants may be referred to the contractor for employment consideration. b.

In the event the contractor has a valid bargaining agreement providing for exclusive hiring hall referrals, the contractor is expected to observe the provisions of that agreement to the extent that the system meets the contractor's compliance with EEO contract provisions. Where implementation of such an agreement has the effect of discriminating against minorities or women, or obligates the contractor to do the same, such implementation violates Federal nondiscrimination provisions. c.

The contractor will encourage its present employees to refer minorities and women as applicants for employment.

Information and procedures with regard to referring such applicants will be discussed with employees.

5. Personnel Actions: Wages, working conditions, and employee benefits shall be established and administered, and personnel actions of every type, including hiring, upgrading, promotion, transfer, demotion, layoff, and termination, shall be taken without regard to race, color, religion, sex, national origin, age or disability.

The following procedures shall be followed:
a.

The contractor will conduct periodic inspections of project sites to insure that working conditions and employee facilities do not indicate discriminatory treatment of project site personnel. b. The
contractor will periodically evaluate the spread of wagespaid within each classification to determine any evidence of discriminatory wage practices.
c.

The contractor will periodically review selected personnel actions in depth to determine whether there is evidence of discrimination.

Where evidence is found, the contractor will promptly take corrective action. If the review indicates that the discrimination may extend beyond the actions reviewed, such corrective action shall include all affected persons.
d.

The contractor will promptly investigate all complaints of alleged discrimination made to the contractor in connection with its obligations under this contract, will attempt to resolve such complaints, and will take appropriate corrective action within a reasonable time. If the investigation indicates that the discrimination may affect persons other than the complainant, such corrective action shall include such other persons. Upon completion of each investigation, the contractor will inform every complainant of all of their avenues of appeal.

6. Training and Promotion:
a.

The contractor will assist in locating, qualifying, and increasing the skills of minorities and women who are applicants for employment or current employees. Such efforts should be aimed at developing full journey level status employees in the type of trade or job classification involved.
b.

Consistent with the contractor's work force requirements and as permissible under Federal and State regulations, the contractor shall make full use of training programs, i.e., apprenticeship, and on-the-job training programs for the geographical area of contract performance. In the event a special provision for training is provided under this contract, this subparagraph will be superseded as indicated in the special provision. The contracting agency may reserve training positions for persons who receive welfare assistance in accordance with 23 U.S.C. 140(a). c.

The contractor will advise employees and applicants for employment of available training programs and entrance
requirements for each.
d. The contractor will periodically review the training and promotion potential of employees who are minorities and women and will encourage eligible employees to apply for such training and promotion.

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Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language

7. Unions: If the contractor relies in whole or in part upon unions as a source of employees, the contractor will use good faith efforts to obtain the cooperation of such unions to increase opportunities for minorities and women. Actions by the contractor, either directly or through a contractor's association acting as agent, will include the procedures set forth below:
a.

The contractor will use good faith efforts to develop, in cooperation with the unions, joint training programs aimed toward qualifying more minorities and women for membership in the unions and increasing the skills of minorities and women so that they may qualify for higher paying employment.
b.

The contractor will use good faith efforts to incorporate an EEO clause into each union agreement to the end that such union will be contractually bound to refer applicants without regard to their race, color, religion, sex, national origin, age or disability. c.

The contractor is to obtain information as to the referral practices and policies of the labor union except that to the extent such information is within the exclusive possession of the labor union and such labor union refuses to furnish such information to the contractor, the contractor shall so certify to the contracting agency and shall set forth what efforts have been made to obtain such information.
d.

In the event the union is unable to provide the contractor with a reasonable flow of referrals within the time limit set forth in the collective bargaining agreement, the contractor will, through independent recruitment efforts, fill the employment vacancies without regard to race, color, religion, sex, national origin, age or disability; making full efforts to obtain qualified and/or qualifiable minorities and women. The failure of a union to provide sufficient referrals (even though it is obligated to provide exclusive referrals under the terms of a collective bargaining agreement) does not relieve the contractor from the requirements of this paragraph. In the event the union referral practice prevents the contractor from meeting the obligations pursuant to Executive Order 11246, as amended, and these special provisions, such contractor shall immediately notify the contracting agency.

8. Reasonable Accommodation for Applicants / Employees
with Disabilities: The contractor must be familiar with the requirements for and comply with the Americans with Disabilities Act and all rules and regulations established there under.

Employers must provide reasonable accommodation in all
employment activities unless to do so would cause an undue hardship.

9. Selection of Subcontractors, Procurement of Materials and Leasing of Equipment: The contractor shall not discriminate on the grounds of race, color, religion, sex, national origin, age or disability in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The contractor shall take all necessary and reasonable steps to ensure nondiscrimination in the administration of this contract. a.

The contractor shall notify all potential subcontractors and suppliers and lessors of their EEO obligations under this contract. b.

The contractor will use good faith efforts to ensure subcontractor compliance with their EEO obligations.

FHWA-1273 -- Revised May 1, 2012

10. Assurance Required by 49 CFR 26.13(b):
a.

The requirements of 49 CFR Part 26 and the State DOT’s U.S.

DOT-approved DBE program are incorporated by reference. b.

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 the contracting agency deems appropriate.

11. Records and Reports: The contractor shall keep such records as necessary to document compliance with the EEO requirements.

Such records shall be retained for a period of three years following the date of the final payment to the contractor for all contract work and shall be available at reasonable times and places for inspection by authorized representatives of the contracting agency and the FHWA.
a.

The records kept by the contractor shall document the following:
(1)
The number and work hours of minority and non-minority group members and women employed in each work classification on the project;
(2)
The progress and efforts being made in cooperation with unions, when applicable, to increase employment opportunities for minorities and women; and
(3)
The progress and efforts being made in locating, hiring, training, qualifying, and upgrading minorities and women.
b.

The contractors and subcontractors will submit an annual report to the contracting agency each July for the duration of the project, indicating the number of minority, women, and non- minority group employees currently engaged in each work classification required by the contract work. This information is to be reported on
Form FHWA-1391
. The staffing data should
represent the project work force on board in all or any part of the last payroll period preceding the end of July. If on-the-job training is being required by special provision, the contractor will be required to collect and report training data. The employment data should reflect the work force on board during all or any part of the last payroll period preceding the end of July.

III.

NONSEGREGATED FACILITIES
This provision is applicable to all Federal-aid construction contracts and to all related construction subcontracts of $10,000 or more.

The contractor must ensure that facilities provided for employees are provided in such a manner that segregation on the basis of race, color, religion, sex, or national origin cannot result. The contractor may neither require such segregated use by written or oral policies nor tolerate such use by employee custom. The contractor's obligation extends further to ensure that its employees are not assigned to perform their services at any location, under the contractor's control, where the facilities are segregated. The term "facilities" includes waiting rooms, work areas, restaurants and other eating areas, time clocks, restrooms, washrooms, locker rooms, and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing provided for employees. The contractor shall provide separate or single-user restrooms and necessary dressing or sleeping areas to assure privacy between sexes.

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Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language
IV. DAVIS-BACON AND RELATED ACT PROVISIONS
This section is applicable to all Federal-aid construction projects exceeding $2,000 and to all related subcontracts and lower-tier subcontracts (regardless of subcontract size). The requirements apply to all projects located within the right-of-way of a roadway that is functionally classified as Federal-aid highway. This excludes roadways functionally classified as local roads or rural minor collectors, which are exempt. Contracting agencies may elect to apply these requirements to other projects.

The following provisions are from the U.S. Department of Labor regulations in 29 CFR 5.5 “Contract provisions and related matters” with minor revisions to conform to the FHWA-1273 format and FHWA program requirements.

1. Minimum wages
a.

All laborers and mechanics employed or working upon the site of the work, will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics.

Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph 1.d. of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage
determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR 5.5(a)(4).

Laborers or mechanics performing work in more than one
classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under paragraph 1.b. of this section) and the Davis-Bacon poster (WH–1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers.
b. (1) The contracting officer shall require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met:

FHWA-1273 -- Revised May 1, 2012
(i)
The work to be performed by the classification requested is not performed by a classification in the wage determination; and (ii)
The classification is utilized in the area by the construction industry; and
(iii)
The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination.
(2)
If the contractor and the laborers and mechanics to be
employed in the classification (if known), or their
representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, Employment Standards
Administration, U.S. Department of Labor, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary.
(3)
In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Wage and Hour Administrator for determination. The Wage and Hour Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary.
(4)
The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs 1.b.(2) or 1.b.(3) of this section, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification.
c.

Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof.
d.

If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program.

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Required Federal-Aid Contract Language

2. Withholding
The contracting agency shall upon its own action or upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the contractor under this contract, or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to Davis- Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work, all or part of the wages required by the contract, the contracting agency may, after written notice to the contractor, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased.

3. Payrolls and basic records
a.

Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B) of the Davis-Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid.

Whenever the Secretary of Labor has found under 29 CFR

5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis-Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs.
b.
(1) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to the contracting agency. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i), except that full social security numbers and home addresses shall not be included on weekly transmittals.

Instead the payrolls shall only need to include an individually identifying number for each employee ( e.g. , the last four digits of the employee's social security number). The required weekly payroll information may be submitted in any form desired. Optional Form WH–347 is available for this purpose from the Wage and Hour Division Web site at
http://www.dol.gov/esa/whd/forms/wh347instr.htm or its successor site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social security number and FHWA-1273 -- Revised May 1, 2012
current address of each covered worker, and shall provide them upon request to the contracting agency for transmission to the State DOT, the FHWA or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this section for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to the contracting agency.
(2)
Each payroll submitted shall be accompanied by a “Statement of Compliance,” signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the
persons employed under the contract and shall certify the following:
(i)
That the payroll for the payroll period contains the information required to be provided under §5.5 (a)(3)(ii) of Regulations, 29 CFR part 5, the appropriate information is being maintained under §5.5 (a)(3)(i) of Regulations, 29 CFR part 5, and that such information is correct and complete;
(ii)That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations, 29 CFR part 3;
(iii)
That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. (3)
The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH–347 shall satisfy the requirement for submission of the “Statement of Compliance” required by paragraph 3.b.(2) of this section. (4)
The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under section 1001 of title 18 and section 231 of title 31 of the United States Code.
c.

The contractor or subcontractor shall make the records
required under paragraph 3.a. of this section available for inspection, copying, or transcription by authorized
representatives of the contracting agency, the State DOT, the FHWA, or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the FHWA may, after written notice to the contractor, the contracting agency or the State DOT, take such action as may be necessary to
cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12.

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4. Apprentices and trainees
a.

Apprentices (programs of the USDOL).

Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice.

The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed.

Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination.

In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved.
b.

Trainees (programs of the USDOL).

Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration.

FHWA-1273 -- Revised May 1, 2012
The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration.

Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed.

In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved.
c.

Equal employment opportunity. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR part 30.
d.

Apprentices and Trainees (programs of the U.S. DOT).

Apprentices and trainees working under apprenticeship and skill training programs which have been certified by the Secretary of Transportation as promoting EEO in connection with Federal-aid highway construction programs are not subject to the requirements of paragraph 4 of this Section IV. The straight time hourly wage rates for apprentices and trainees under such programs will be established by the particular programs. The ratio of apprentices and trainees to journeymen shall not be greater than permitted by the terms of the particular program.

5. Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR part 3, which are incorporated by reference in this contract.

6. Subcontracts. The contractor or subcontractor shall insert Form FHWA-1273 in any subcontracts and also require the subcontractors to include Form FHWA-1273 in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR 5.5.

7. Contract termination: debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12.

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Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language

8. Compliance with Davis-Bacon and Related Act requirements.

All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract.

9. Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the U.S.

Department of Labor, or the employees or their representatives.

10. Certification of eligibility.
a.

By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis- Bacon Act or 29 CFR 5.12(a)(1).
b.

No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1). c.

The penalty for making false statements is prescribed in the U.S.

Criminal Code, 18 U.S.C. 1001.

V.

CONTRACT WORK HOURS AND SAFETY STANDARDS
ACT
The following clauses apply to any Federal-aid construction contract in an amount in excess of $100,000 and subject to the overtime provisions of the Contract Work Hours and Safety Standards Act.

These clauses shall be inserted in addition to the clauses required by 29 CFR 5.5(a) or 29 CFR 4.6. As used in this paragraph, the terms laborers and mechanics include watchmen and guards.

1. Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives
compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek.

2. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (1.) of this section, the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph(1.) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1.) of this section.

FHWA-1273 -- Revised May 1, 2012

3. Withholding for unpaid wages and liquidated damages. The FHWA or the contacting agency shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2.) of this section.

4. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1.) through (4.) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1.) through (4.) of this section.

VI.

SUBLETTING OR ASSIGNING THE CONTRACT
This provision is applicable to all Federal-aid construction contracts on the National Highway System.

1. The contractor shall perform with its own organization contract work amounting to not less than 30 percent (or a greater percentage if specified elsewhere in the contract) of the total original contract price, excluding any specialty items designated by the contracting agency. Specialty items may be performed by subcontract and the amount of any such specialty items performed may be deducted from the total original contract price before computing the amount of work required to be performed by the contractor's own organization (23 CFR 635.116).
a.

The term “perform work with its own organization” refers to workers employed or leased by the prime contractor, and equipment owned or rented by the prime contractor, with or without operators. Such term does not include employees or equipment of a subcontractor or lower tier subcontractor, agents of the prime contractor, or any other assignees. The term may include payments for the costs of hiring leased employees from an employee leasing firm meeting all relevant Federal and State regulatory requirements. Leased
employees may only be included in this term if the prime contractor meets all of the following conditions:
(1)
the prime contractor maintains control over the supervision of the day-to-day activities of the leased employees;
(2)
the prime contractor remains responsible for the quality of the work of the leased employees;
(3)
the prime contractor retains all power to accept or exclude individual employees from work on the project; and
(4)
the prime contractor remains ultimately responsible for the payment of predetermined minimum wages, the submission of payrolls, statements of compliance and all other Federal regulatory requirements.
b.
"Specialty Items" shall be construed to be limited to work that requires highly specialized knowledge, abilities, or equipment not ordinarily available in the type of contracting organizations qualified and expected to bid or propose on the contract as a whole and in general are to be limited to minor components of the overall contract.

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2. The contract amount upon which the requirements set forth in VIII. FALSE STATEMENTS CONCERNING HIGHWAY paragraph (1) of Section VI is computed includes the cost of PROJECTS material and manufactured products which are to be purchased or produced by the contractor under the contract provisions. This provision is applicable to all Federal-aid construction contracts and to all related subcontracts.

3. The contractor shall furnish (a) a competent superintendent or supervisor who is employed by the firm, has full authority to direct performance of the work in accordance with the contract requirements, and is in charge of all construction operations (regardless of who performs the work) and (b) such other of its own organizational resources (supervision, management, and engineering services) as the contracting officer determines is necessary to assure the performance of the contract.

4.No
portion of the contract shall be sublet, assigned orotherwise disposed of except with the written consent of the contracting officer, or authorized representative, and such consent when given shall not be construed to relieve the contractor of any responsibility for the fulfillment of the contract. Written consent will be given only after the contracting agency has assured that each subcontract is evidenced in writing and that it contains all pertinent provisions and requirements of the prime contract.

5. The 30% self-performance requirement of paragraph (1) is not applicable to design-build contracts; however, contracting agencies may establish their own self-performance requirements.

VII.

SAFETY: ACCIDENT PREVENTION
This provision is applicable to all Federal-aid construction contracts and to all related subcontracts.

1. In the performance of this contract the contractor shall comply with all applicable Federal, State, and local laws governing safety, health, and sanitation (23 CFR 635). The contractor shall provide all safeguards, safety devices and protective equipment and take any other needed actions as it determines, or as the contracting officer may determine, to be reasonably necessary to protect the life and health of employees on the job and the safety of the public and to protect property in connection with the performance of the work covered by the contract.

2. It is a condition of this contract, and shall be made a condition of each subcontract, which the contractor enters into pursuant to this contract, that the contractor and any subcontractor shall not permit any employee, in performance of the contract, to work in surroundings or under conditions which are unsanitary, hazardous or dangerous to his/her health or safety, as determined under construction safety and health standards (29 CFR 1926)
promulgated by the Secretary of Labor, in accordance with Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 3704).

3. Pursuant to 29 CFR 1926.3, it is a condition of this contract that the Secretary of Labor or authorized representative thereof, shall have right of entry to any site of contract performance to inspect or investigate the matter of compliance with the construction safety and health standards and to carry out the duties of the Secretary under Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C.3704).

In order to assure high quality and durable construction in conformity with approved plans and specifications and a high degree of reliability on statements and representations made by engineers, contractors, suppliers, and workers on Federal-aid highway projects, it is essential that all persons concerned with the project perform their functions as carefully, thoroughly, and honestly as possible.

Willful falsification, distortion, or misrepresentation with respect to any facts related to the project is a violation of Federal law. To prevent any misunderstanding regarding the seriousness of these and similar acts, Form FHWA-1022 shall be posted on each Federal-aid highway project (23 CFR 635) in one or more places where it is readily available to all persons concerned with the project:
18 U.S.C. 1020 reads as follows:
"Whoever, being an officer, agent, or employee of the United States, or of any State or Territory, or whoever, whether a person, association, firm, or corporation, knowingly makes any false statement, false representation, or false report as to the character, quality, quantity, or cost of the material used or to be used, or the quantity or quality of the work performed or to be performed, or the cost thereof in connection with the submission of plans, maps, specifications, contracts, or costs of construction on any highway or related project submitted for approval to the Secretary of Transportation; or
Whoever knowingly makes any false statement, false
representation, false report or false claim with respect to the character, quality, quantity, or cost of any work performed or to be performed, or materials furnished or to be furnished, in connection with the construction of any highway or related project approved by the Secretary of Transportation; or
Whoever knowingly makes any false statement or false
representation as to material fact in any statement, certificate, or report submitted pursuant to provisions of the Federal-aid Roads Act approved July 1, 1916, (39 Stat. 355), as amended and
supplemented;
Shall be fined under this title or imprisoned not more than 5 years or both."
IX.

IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL

WATER POLLUTION CONTROL ACT
This provision is applicable to all Federal-aid construction contracts and to all related subcontracts.

By submission of this bid/proposal or the execution of this contract, or subcontract, as appropriate, the bidder, proposer, Federal-aid construction contractor, or subcontractor, as appropriate, will be deemed to have stipulated as follows:

1. That any person who is or will be utilized in the
performance of this contract is not prohibited from receiving an award due to a violation of Section 508 of the Clean Water Act or Section 306 of the Clean Air Act.

2. That the contractor agrees to include or cause to be included the requirements of paragraph (1) of this Section X in every subcontract, and further agrees to take such action as the contracting agency may direct as a means of enforcing such requirements.

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FHWA-1273 -- Revised May 1, 2012
X.

CERTIFICATION REGARDING DEBARMENT, SUSPENSION,

INELIGIBILITY AND VOLUNTARY EXCLUSION
This provision is applicable to all Federal-aid construction contracts, design-build contracts, subcontracts, lower-tier subcontracts, purchase orders, lease agreements, consultant contracts or any other covered transaction requiring FHWA approval or that is estimated to cost $25,000 or more – as defined in 2 CFR Parts 180 and 1200.

1. Instructions for Certification – First Tier Participants:
a.

By signing and submitting this proposal, the prospective first tier participant is providing the certification set out below. b.

The inability of a person to provide the certification set out below will not necessarily result in denial of participation in this covered transaction. The prospective first tier participant shall submit an explanation of why it cannot provide the certification set out below.

The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective first tier participant to furnish a certification or an explanation shall disqualify such a person from participation in this transaction. c.

The certification in this clause is a material representation of fact upon which reliance was placed when the contracting agency determined to enter into this transaction. If it is later determined that the prospective participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the contracting agency may terminate this
transaction for cause of default.
d.

The prospective first tier participant shall provide immediate written notice to the contracting agency to whom this proposal is submitted if any time the prospective first tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.
e.

The terms "covered transaction," "debarred," "suspended," "ineligible," "participant," "person," "principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180 and 1200. “First Tier Covered Transactions” refers to any covered transaction between a grantee or subgrantee of Federal funds and a participant (such as the prime or general contract). “Lower Tier Covered Transactions” refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). “First Tier Participant” refers to the participant who has entered into a covered transaction with a grantee or subgrantee of Federal funds (such as the prime or general contractor). “Lower Tier Participant” refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers).
f.

The prospective first tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction.
g.

The prospective first tier participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transactions," provided by the department or contracting agency, entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold.
h.

A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, checkthe Excluded Parties List System website (
https://www.epls.gov
/),
which is compiled by the General Services Administration. i.

Nothing contained in the foregoing shall be construed to require the establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of the prospective participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.
j.

Except for transactions authorized under paragraph (f) of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default.
* * *

2. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion – First Tier Participants:
a.

The prospective first tier participant certifies to the best of its knowledge and belief, that it and its principals:
(1)
Are not presently debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency;
(2)
Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;
(3)
Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (a)(2) of this certification; and
(4)
Have not within a three-year period preceding this
application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. b.

Where the prospective participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.

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2. Instructions for Certification - Lower Tier Participants:
(Applicable to all subcontracts, purchase orders and other lower tier transactions requiring prior FHWA approval or estimated to cost $25,000 or more - 2 CFR Parts 180 and 1200)
a. By
signing and submitting this proposal, the prospective lowertier is providing the certification set out below.
b.

The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department, or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment.
c.

The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous by reason of changed circumstances. d.

The terms "covered transaction," "debarred," "suspended," "ineligible," "participant," "person," "principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180 and 1200. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. “First Tier Covered Transactions” refers to any covered transaction between a grantee or subgrantee of Federal funds and a participant (such as the prime or general contract). “Lower Tier Covered Transactions” refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). “First Tier Participant” refers to the participant who has entered into a covered transaction with a grantee or subgrantee of Federal funds (such as the prime or general contractor). “Lower Tier Participant” refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers). e.

The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated.
f.

The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold. g.

A participant in a covered transaction may rely upon a
certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the Excluded Parties List System website (
https:/
/www.epls.gov
/), which is compiled by the General
Services Administration.

FHWA-1273 -- Revised May 1, 2012
h. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and normally possessed by a prudent person in the ordinary course of business dealings.
i.

Except for transactions authorized under paragraph e of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment.
* * * * *
Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion--Lower Tier Participants:

1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency.

2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. * * * * *
XI.

CERTIFICATION REGARDING USE OF CONTRACT FUNDS

FOR LOBBYING
This provision is applicable to all Federal-aid construction contracts and to all related subcontracts which exceed $100,000 (49 CFR 20).

1. The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that:
a.

No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. b.

If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.

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2. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352.

Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

3.The prospective participant also agrees by submitting its bid or proposal that the participant shall require that the language of this certification be included in all lower tier subcontracts, which exceed information of participant is not required to exceed that which is $100,000 and that all such recipients shall certify and disclose accordingly.

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12. FEMALE AND MINORITY GOALS
To comply with Section II, "Nondiscrimination," of "Required Contract Provisions Federal-Aid Construction Contracts," the following are for female and minority utilization goals for Federal-aid construction contracts and subcontracts that exceed $10,000:

The nationwide goal for female utilization is 6.9 percent.

The goals for minority utilization [45 Fed Reg 65984 (10/3/1980)] are as follows:

MINORITY UTILIZATION GOALS
Economic
Area
Goal
(Percent)
174
Redding CA:

Non-SMSA (Standard Metropolitan Statistical Area) Counties:

CA Lassen; CA Modoc; CA Plumas; CA Shasta; CA Siskiyou; CA Tehama

6.8 175
Eureka, CA
Non-SMSA Counties:

CA Del Norte; CA Humboldt; CA Trinity

6.6 San Francisco-Oakland-San Jose, CA:

SMSA Counties:
7120 Salinas-Seaside-Monterey, CA 28.9
CA Monterey
7360 San Francisco-Oakland
CA Alameda; CA Contra Costa; CA Marin; CA San Francisco; CA San Mateo

25.6 176
7400 San Jose, CA
CA Santa Clara, CA
7485 Santa Cruz, CA
CA Santa Cruz

19.6 14.9
7500 Santa Rosa
CA Sonoma

9.1 8720 Vallejo-Fairfield-Napa, CA
CA Napa; CA Solano

17.1 Non-SMSA Counties:

CA Lake; CA Mendocino; CA San Benito

23.2 177
Sacramento, CA:

SMSA Counties:
6920 Sacramento, CA
CA Placer; CA Sacramento; CA
Yolo Non-SMSA Counties
CA Butte; CA Colusa; CA El Dorado; CA Glenn; CA Nevada; CA Sierra; CA Sutter; CA Yuba

16.1 14.3
Stockton-Modesto, CA:

SMSA Counties:
5170 Modesto, CA 12.3
178 CA Stanislaus
8120 Stockton, CA
CA San Joaquin

24.3 Non-SMSA Counties
CA Alpine; CA Amador; CA Calaveras; CA Mariposa; CA Merced; CA Tuolumne

19.8 Fresno-Bakersfield, CA
SMSA Counties:
179 0680 Bakersfield, CA
CA Kern
2840 Fresno, CA

19.1 26.1
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CA Fresno
Non-SMSA Counties:

CA Kings; CA Madera; CA Tulare

23.6 Los Angeles, CA:

SMSA Counties:
0360 Anaheim-Santa Ana-Garden Grove, CA 11.9
CA Orange
4480 Los Angeles-Long Beach, CA 28.3
180
CA Los Angeles
6000 Oxnard-Simi Valley-Ventura, CA
CA Ventura
6780 Riverside-San Bernardino-Ontario, CA

21.5 19.0
CA Riverside; CA San Bernardino
7480 Santa Barbara-Santa Maria-Lompoc, CA

19.7 CA Santa Barbara
Non-SMSA Counties
CA Inyo; CA Mono; CA San Luis Obispo

24.6 San Diego, CA:

SMSA Counties
181 7320 San Diego, CA
CA San Diego

16.9 Non-SMSA Counties
CA Imperial

18.2 For the last full week of July during which work is performed under the contract, the prime contractor and each non material-supplier subcontractor with a subcontract of $10,000 or more must complete Form FHWA PR-1391 (Appendix C to 23 CFR 230). Submit the forms by August 15.

13. TITLE VI ASSURANCES
The U.S.

Department of Transportation Order No.1050.2A requires all federal-aid Department of Transportation contracts between an agency and a contractor to contain Appendix A and E. Appendix B only requires inclusion if the contract impacts deeds effecting or recording the transfer of real property, structures, or improvements thereon, or granting interest therein. Appendices C and D only require inclusion if the contract impacts deeds, licenses, leases, permits, or similar instruments entered into by the recipient.

APPENDIX A
During the performance of this Agreement, the contractor, for itself, its assignees and successors in interest (hereinafter collectively referred to as CONTRACTOR) agrees as follows:
a.

Compliance with Regulations
: CONTRACTOR shall comply with the regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the REGULATIONS), which are herein incorporated by reference and made a part of this agreement.
b.

Nondiscrimination
: CONTRACTOR, with regard to the work performed by it during the AGREEMENT, shall not discriminate on the grounds of race, color, sex, national origin, religion, age, or disability in the selection and retention of sub-applicants, including procurements of materials and leases of equipment. CONTRACTOR shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the agreement covers a program set forth in Appendix B of the Regulations. c.

Solicitations for Sub-agreements, Including Procurements of Materials and Equipment : In all
solicitations either by competitive bidding or negotiation made by CONTRACTOR for work to be performed under a Sub- agreement, including procurements of materials or leases of equipment,

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each potential sub-applicant or supplier shall be notified by CONTRACTOR of the CONTRACTOR’S obligations under this Agreement and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin. d.

Information and Reports
: CONTRACTOR shall provide all information and reports required by the Regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the recipient or FHWA to be pertinent to ascertain compliance with such Regulations or directives. Where any information required of CONTRACTOR is in the exclusive possession of another who fails or refuses to furnish this information, CONTRACTOR shall so certify to the recipient or FHWA as appropriate, and shall set forth what efforts CONTRACTOR has made to obtain the information. e.

Sanctions for Noncompliance
: In the event of CONTRACTOR’s noncompliance with the
nondiscrimination provisions of this agreement, the recipient shall impose such agreement sanctions as it or the FHWA may determine to be appropriate, including, but not limited to:
i.
withholding of payments to CONTRACTOR under the Agreement within a reasonable period of time, not to exceed 90 days; and/or
ii.
cancellation, termination or suspension of the Agreement, in whole or in part. f.

Incorporation of Provisions
: CONTRACTOR shall include the provisions of paragraphs (1) through (6)
in every sub-agreement, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto.

CONTRACTOR shall take such action with respect to any sub-agreement or procurement as the recipient or FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance, provided, however, that, in the event CONTRACTOR becomes involved in, or is threatened with, litigation with a sub-applicant or supplier as a result of such direction, CONTRACTOR may request the recipient enter into such litigation to protect the interests of the State, and, in addition, CONTRACTOR may request the United States to enter into such litigation to protect the interests of the United States.

APPENDIX B

CLAUSES FOR DEEDS TRANSFERRING UNITED STATES PROPERTY
The following clauses will be included in deeds effecting or recording the transfer of real property, structures, or improvements thereon, or granting interest therein from the United States pursuant to the provisions of Assurance 4:

NOW THEREFORE, the U.S. Department of Transportation as authorized by law and upon the condition that the recipient will accept title to the lands and maintain the project constructed thereon in accordance with Title 23 U.S.C., the regulations for the administration of the preceding statute, and the policies and procedures prescribed by the FHWA of the U.S. Department of Transportation in accordance and in compliance with all requirements imposed by Title 49, Code of Federal Regulations, U.S. Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non-discrimination in Federally-assisted programs of the U.S. Department of Transportation pertaining to and effectuating the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252; 42 U.S.C. § 2000d to 2000d-4), does hereby remise, release, quitclaim and convey unto the recipient all the right, title and interest of the U.S. Department of Transportation in and to said lands described in Exhibit A attached hereto and made a part hereof. (HABENDUM CLAUSE)
TO HAVE AND TO HOLD said lands and interests therein unto the recipient and its successors forever, subject, however, to the covenants, conditions, restrictions and reservations herein contained as follows, which will remain in effect for the period during which the real property or structures are used for a purpose for which Federal financial assistance is extended or for another purpose involving the provision of similar services or benefits and will be binding on the recipient, its successors and assigns. The recipient, in consideration of the conveyance of said lands and interest in lands, does hereby covenant and agree as a covenant running with the land for itself, its successors and assigns, that (1) no person

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Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language
will on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination with regard to any facility located wholly or in part on, over, or under such lands hereby conveyed [,] [and]* (2) that the recipient will use the lands and interests in lands and interest in lands so conveyed, in compliance with all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, U.S. Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non-discrimination in Federally-assisted programs of the U.S. Department of Transportation, Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations and Acts may be amended[, and (3) that in the event of breach of any of the above-mentioned non-discrimination conditions, the Department will have a right to enter or re-enter said lands and facilities on said lands, and that above described land and facilities will thereon revert to and vest in and become the absolute property of the U.S. Department of Transportation and its assigns as such interest existed prior to this instruction].*
(*Reverter clause and related language to be used only when it is determined that such a clause is necessary in order to make clear the purpose of Title VI.)

APPENDIX C

CLAUSES FOR TRANSFER OF REAL PROPERTY ACQUIRED OR IMPROVED UNDER THE

ACTIVITY, FACILITY, OR PROGRAM
The following clauses will be included in deeds, licenses, leases, permits, or similar instruments entered into by the recipient pursuant to the provisions of Assurance 7(a):

A.

The (grantee, lessee, permittee, etc. as appropriate) for himself/herself, his/her heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree [in the case of deeds and leases add “as a covenant running with the land”] that:

1. In the event facilities are constructed, maintained, or otherwise operated on the property described in this (deed, license, lease, permit, etc.) for a purpose for which a U.S. Department of Transportation activity, facility, or program is extended or for another purpose involving the provision of similar services or benefits, the (grantee, licensee, lessee, permittee, etc.) will maintain and operate such facilities and services in compliance with all requirements imposed by the Acts and Regulations (as may be amended) such that no person on the grounds of race, color, or national origin, will be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities.

B.

With respect to licenses, leases, permits, etc., in the event of breach of any of the above Non -
discrimination covenants, the recipient will have the right to terminate the (lease, license, permit, etc.) and to enter, re-enter, and repossess said lands and facilities thereon, and hold the same as if the (lease, license, permit, etc.) had never been made or issued.*
C.

With respect to a deed, in the event of breach of any of the above Non-discrimination covenants, the recipient will have the right to enter or re-enter the lands and facilities thereon, and the above described lands and facilities will there upon revert to and vest in and become the absolute property of the recipient and its assigns.*
(*Reverter clause and related language to be used only when it is determined that such a clause is necessary to make clear the purpose of Title VI.)

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Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language

APPENDIX D

CLAUSES FOR CONSTRUCTION/USE/ACCESS TO REAL PROPERTY ACQUIRED UNDER THE

ACTIVITY, FACILITY OR PROGRAM
The following clauses will be included in deeds, licenses, permits, or similar instruments/agreements entered into by the recipient pursuant to the provisions of Assurance 7(b):

A.

The (grantee, licensee, permittee, etc., as appropriate) for himself/herself, his/her heirs, personal representatives, successors in interest ,and assigns, as a part of the consideration hereof, does hereby covenant and agree (in the case of deeds and leases add, “as a covenant running with the land”) that (1) no person on the ground of race, color, or national origin, will be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities, (2) that in the construction of any improvements on, over, or under such land, and the furnishings of services thereon, no person on the ground of race, color, or national origin, will be excluded from participation in, denied the benefits or, or otherwise be subjected to discrimination, (3) that the (grantee, licensee, lessee, permittee, etc.) will use the premises in compliance with all other requirements imposed by or pursuant to the Acts and Regulations, as amended, set forth in this Assurance.

B.

With respect to (licenses, leases, permits, etc.) in the event of breach of any of the above of the above Non-discrimination covenants, the recipient will have the right to terminate the (license, permits, etc., as appropriate) and to enter or re-enter and repossess said land and the facilities thereon, and hold the same as if said (license, permit, etc., as appropriate) had never been made or issued.* C.

With respect to deeds, in the event of breach of any of the above Non-discrimination covenants, the recipient will there upon revert to and vest in and become the absolute property of the recipient and its assigns.
(*Reverter clause and related language to be used only when it is determined that such a clause is necessary to make clear the purpose of Title VI.)

APPENDIX E
During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the “contractor”) agrees to comply with the following non-discrimination statutes and authorities, including, but not limited to:

Pertinent Non-Discrimination Authorities
:
•
Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21. •
The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects);
•
Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), prohibits discrimination on the basis of sex; •
Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CR Part 27; •
The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), prohibits discrimination on the basis of age);
•
Airport and Airway Improvement Act of 1982, (49 U.S.C. § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); •
The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not);

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Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language
• Titles II and III of the Americans with Disabilities Act, which prohibit discrimination of the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131 – 12189) as implemented by Department of Transportation regulations 49 C.F.R. parts 37 and 38; •
The Federal Aviation Administration’s Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); •
Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; •
Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); •
Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq).

14. USE OF UNITED STATES-FLAG VESSELS (CARGO PREFERENCE ACT) The CONTRACTOR agrees
-

1. To utilize privately owned United States-flag commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry bulk carries, dry cargo liners, and tankers) involved, whenever shipping any equipment, material, or commodities pursuant to this contract, to the extent such vessels are available at fair and reasonable rates for United States-flag commercial vessels.

2. To Furnish within 20 days following the date of loading for shipments originating within the United State or within 30 working days following the date of loading for shipments originating outside the United States, a legible copy of a rated “on-board” commercial ocean bill-of-lading in English for each shipment of cargo described in paragraph (1) of this section to both the Contracting Officer (through the prime contractor in the case of subcontractor bills-of-lading) and to the Division of National Cargo, Office of Market Development, Maritime Administration, Washington, DC 20590.

3. To insert the substance of the provisions of this clause in all subcontracts issued pursuant to this contract.

Federal Trainee Program Special Provisions
(to be used when applicable)

15. FEDERAL TRAINEE PROGRAM
For the Federal training program, the number of trainees or apprentices is .

This section applies if a number of trainees or apprentices is specified in the special provisions.

As part of the prime contractor’s equal opportunity affirmative action program, provide on-the-job training to develop full journeymen in the types of trades or job classifications involved.

The prime contractor has primary responsibility for meeting this training requirement.

If the prime contractor subcontracts a contract part, they shall determine how many trainees or apprentices are to be trained by the subcontractor. Include these training requirements in each subcontract.

Where feasible, 25 percent of apprentices or trainees in each occupation must be in their 1st year of apprenticeship or training.

Distribute the number of apprentices or trainees among the work classifications on the basis of the prime contractor’s needs and the availability of journeymen in the various classifications within a reasonable recruitment area.

Before starting work, the prime contractor shall submit to the City/County of :

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Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language

1. Number of apprentices or trainees to be trained for each classification

2. Training program to be used

3. Training starting date for each classification
The prime contractor shall obtain the City/County of
approval for this submitted
information before the prime contractor starts work. The City/County of credits
the prime contractor for each apprentice or trainee the prime contractor employs on the job who is currently enrolled or becomes enrolled in an approved program.

The primary objective of this section is to train and upgrade minorities and women toward journeyman status.

The prime contractor shall make every effort to enroll minority and women apprentices or trainees, such as conducting systematic and direct recruitment through public and private sources likely to yield minority and women apprentices or trainees, to the extent they are available within a reasonable recruitment area and show that they have made the efforts. In making these efforts, the prime contractor shall not discriminate against any applicant for training.

The prime contractor shall not employ as an apprentice or trainee an employee:

1. In any classification in which the employee has successfully completed a training course leading to journeyman status or in which the employee has been employed as a journeyman

2. Who is not registered in a program approved by the US Department of Labor, Bureau of Apprenticeship and Training
The prime contractor shall ask the employee if the employee has successfully completed a training course leading to journeyman status or has been employed as a journeyman. The prime contractor’s records must show the employee's answers to the questions.

In the training program, the prime contractor shall establish the minimum length and training type for each classification. The City/County of
and FHWA approves a program if one of the following is
met:

1. It is calculated to:
 Meet the your equal employment opportunity responsibilities  Qualify the average apprentice or trainee for journeyman status in the classification involved by the end of the training period

2. It is registered with the U.S. Department of Labor, Bureau of Apprenticeship and Training, and it is administered in a way consistent with the equal employment responsibilities of Federal-aid highway construction contracts
The prime contractor shall obtain the State's approval for their training program before they start work involving the classification covered by the program.

The prime contractor shall provide training in the construction crafts, not in clerk-typist or secretarial-type positions. Training is allowed in lower level management positions such as office engineers, estimators, and timekeepers if the training is oriented toward construction applications. Training is allowed in the laborer classification if significant and meaningful training is provided and approved by the division office. Off-site training is allowed if the training is an integral part of an approved training program and does not make up a significant part of the overall training.

The City/County of
reimburses the prime contractor 80 cents per hour of
training given an employee on thiscontract under an approved training program:

1. For on-site training

2. For off-site training if the apprentice or trainee is currently employed on a Federal-aid project and prime contractor does at least one of the following:
a.

Contribute to the cost of the training
b.

Provide the instruction to the apprentice or trainee
c.

Pay the apprentice's or trainee's wages during the off-site training period

3. If the prime contractor complies with this section.

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Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language
Each apprentice or trainee must:

1. Begin training on the project as soon as feasible after the start of work involving the apprentice's or trainee's skill

2. Remain on the project as long as training opportunities exist in the apprentice's or trainee's work classification or until the apprentice or trainee has completed the training program The prime contractor shall furnish the apprentice or trainee with a copy of the program that the prime contractor will comply with in providing the training.

16. PROHIBITION OF CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE EQUIPMENT AND

SERVICES
In response to significant national security concerns, the agency shall check the prohibited vendor list before making any telecommunications and video surveillance purchase because recipients and subrecipients of federal funds are prohibited from obligating or expending loan or grant funds to:
•
Procure or obtain;
•
Extend or renew a contract to procure or obtain; or
•
Enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.

The prohibited vendors (and their subsidiaries or affiliates) are:
•
Huawei Technologies Company;
•
ZTE Corporation;
•
Hytera Communications Corporation;
•
Hangzhou Hikvision Digital Technology Company;
•
Dahua Technology Company; and
•
Subsidiaries or affiliates of the above-mentioned companies.

In implementing the prohibition, the agency administering loan, grant, or subsidy programs shall prioritize available funding and technical support to assist affected businesses, institutions and organizations as is reasonably necessary for those affected entities to transition from covered communications equipment and services, to procure replacement equipment and services, and to ensure that communications service to users and customers is sustained.

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EXHIBIT C

BONDS

[TO BE PROVIDED FOLLOWING AWARD OF CONTRACT BY CITY COUNCIL.] ATTACHMENT 1
265

EXHIBIT D

DRUG-FREE WORKPLACE POLICY

ATTACHMENT 1
266

CITY OF COSTA MESA, CALIFORNIA

COUNCIL POLICY

BACKGROUND

Under the Federal Drug-Free Workplace Act of 1988, passed as part of omnibus drug legislation enacted November 18, 1988, contractors and grantees of Federal funds must certify that they will provide drug-free workplaces. At the present time, the City of Costa Mesa, as a sub -grantee of Federal funds under a variety of programs, is required to abide by this Act. The City Council has expressed its support of the national effort to eradicate drug abuse through the creation of a Substance Abuse Committee, institution of a City-wide D.A.R.E. program in all local schools and other activities in support of a drug -free community. This policy is intended to extend that effort to contractors and grantees of the City of Costa Mesa in the elimination of dangerous drugs in the workplace.

PURPOSE

It is the purpose of this Policy to:

1. Clearly state the City of Costa Mesa’s commitment to a drug-free society.

2. Set forth guidelines to ensure that public, private, and nonprofit organizations receiving funds from the City of Costa Mesa share the commitment to a drug-free workplace.

POLICY

The City Manager, under direction by the City Council, shall take the necessary steps to see that the following provisions are included in all contracts and agreements entered into by the City of Costa Mesa involving the disbursement of funds.

1. Contractor or Sub-grantee hereby certifies that it will provide a drug-free workplace by:

A. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in Contractor’s and/or sub -grantee’s workplace, specifically the job site or location included in this contract, and sp ecifying the actions that will be taken against the employees for violation of such prohibition;

B. Establishing a Drug-Free Awareness Program to inform employees about:

SUBJECT

DRUG-FREE WORKPLACE
POLICY
NUMBER
100-5

EFFECTIVE
DATE
8-8-89
PAGE

1 of 3

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SUBJECT

DRUG-FREE WORKPLACE
POLICY
NUMBER
100-5

EFFECTIVE
DATE
8-8-89
PAGE

2 of 3

1. The dangers of drug abuse in the workplace;

2. Contractor’s and/or sub-grantee’s policy of maintaining a drug-free workplace;

3. Any available drug counseling, rehabilitation and employee assistance programs; and

4. The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace;

C. Making it a requirement that each employee to be engaged in the performance of the contract be given a copy of the statement required by subparagraph A;

D. Notifying the employee in the statement required by subparagraph 1 A that, as a condition of employment under the contract, the employee will:

1. Abide by the terms of the statement; and

2. Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five (5) days after such conviction;

E. Notifying the City of Costa Mesa within ten (10) days after receiving notice under subparagraph 1 D 2 from an employee or otherwise receiving the actual notice of such conviction;

F. Taking one of the following actions within thirty (30) days of receiving notice under subparagraph 1 D 2 with respect to an employee who is so convicted:

1. Taking appropriate personnel action against such an employee, up to and including termination; or

2. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health agency, law enforcement, or other appropriate agency;

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SUBJECT

DRUG-FREE WORKPLACE
POLICY
NUMBER
100-5

EFFECTIVE
DATE
8-8-89
PAGE

3 of 3

G. Making a good faith effort to maintain a drug -free workplace through implementation of subparagraphs 1 A through 1 F, inclusive.

2. Contractor and/or sub-grantee shall be deemed to be in violation of this Policy if the City of Costa Mesa determines that:

a. Contractor and/or sub -grantee has made a false certification under paragraph 1 above;

b. Contractor and/or sub-grantee has violated the certification by failing to carry out the requirements of subparagraphs 1 A through 1 G above;

c. Such number of employees of Contractor and/or sub-grantee have been convicted of violations of criminal drug statutes for violations occurring in the workpla ce as to indicate that the contractor and/or sub -grantee has failed to make a good faith effort to provide a drug-free workplace.

3. Should any contractor and/or sub -grantee be deemed to be in violation of this Policy pursuant to the provisions of 2 A, B, and C, a suspension, termination or debarment proceeding subject to applicable Federal, State, and local laws shall be conducted. Upon issuance of any final decision under this section requiring debarment of a contractor and/or sub-grantee, the contracto r and/or sub -grantee shall be ineligible for award of any contract, agreement or grant from the City of Costa Mesa for a period specified in the decision, not to exceed five (5) years. Upon issuance of any final decision recommending against debarment of the contractor and/or sub-grantee, the contractor and/or sub-grantee shall be eligible for compensation as provided by law.

ATTACHMENT 1
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ATTACHMENT 2
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CITY OF COSTA MESA PUBLIC SERVICES DEPARTMENT
Wilson Street Improvement Project
CITY PROJECT NO. 22-01
BID OPENING DATE: April 4, 2022

UNIT UNIT UNIT UNIT
NO. DESCRIPTION PRICE TOTAL PRICE TOTAL PRICE TOTAL PRICE TOTAL PRICE TOTAL 1 1 L.S. Mobilization and Demobilization $80,000.00 $80,000.00 $89,263.00 $89,263.00 $140,000.00 $140,000.00 $42,228.00 $42,228.00 $60,000.00 $60,000.00 2 1 F.A. Additional Work Items $100,000.00 $100,000.00 $100,000.00 $100,000.00 $100,000.00 $100,000.00 $100,000.00 $100,000.00 $100,000.00 $100,000.00 3A 30 E.L.T. Procure and Apply Slurry Seal Type II with 2.5% latex Street Surfacing $750.00 $22,500.00 $838.00 $25,140.00 $725.00 $21,750.00 $726.00 $21,780.00 $800.00 $24,000.00 4A 1 L.S. Procure and Apply Crack Seal Prior to Slurry Seal $7,500.00 $7,500.00 $5,197.00 $5,197.00 $7,000.00 $7,000.00 $15,400.00 $15,400.00 $12,000.00 $12,000.00 5A 140 TONS
Remove & Reconstruct Asphalt Concrete (AC) [6"
Minimum Depth, Including Excavation] and Replace
with 6" AC Over 6" Crushed Miscellaneous Base
(CMB)
$200.00 $28,000.00 $197.00 $27,580.00 $185.00 $25,900.00 $178.00 $24,920.00 $260.00 $36,400.00 6A 660 TONS Type "C3" Asphalt Concrete Leveling (Paving Machine) $120.00 $79,200.00 $97.00 $64,020.00 $110.00 $72,600.00 $118.00 $77,880.00 $132.00 $87,120.00 7A 2,000 TONS Type "GG-C" Asphalt Rubber Hot Mix (AHRM-G) Surface Course $115.00 $230,000.00 $97.00 $194,000.00 $110.00 $220,000.00 $107.00 $214,000.00 $125.00 $250,000.00 8A 6 E.A.

Remove Existing and Reconstruct ADA Curb Ramps
with Truncated Domes per CALTRANS STD. Plan
A88A
$7,500.00 $45,000.00 $6,595.00 $39,570.00 $7,500.00 $45,000.00 $14,600.00 $87,600.00 $9,500.00 $57,000.00 9A 820 S.F.

Remove Existing and Reconstruct Portland Cement
Concrete (PCC) Cross-Gutter, Spandrel, Local
Depression, and PCC Pad (8" PCC over 8" CMB)
$40.00 $32,800.00 $43.60 $35,752.00 $32.00 $26,240.00 $35.00 $28,700.00 $29.00 $23,780.00 10A 1,240 L.F.

Remove and Reconstruct Portland Cement Concrete
(PCC) C-6 Curb & Gutter [Include 2' Asphalt Concrete
(AC) Slot Pave]
$80.00 $99,200.00 $61.00 $75,640.00 $67.00 $83,080.00 $104.00 $128,960.00 $75.00 $93,000.00 11A 330 L.F.

Remove and Reconstruct Portland Cement Concrete
(PCC) C-8 Curb & Gutter [Include 2' Asphalt Concrete
(AC) Slot Pave]
$85.00 $28,050.00 $67.50 $22,275.00 $72.00 $23,760.00 $110.00 $36,300.00 $75.00 $24,750.00 12A 1,660 S.F. Install Portland Cement Concrete (PCC) Sidewalk [4" PCC over 4" Crushed Miscellaneous Base (CMB)] $15.00 $24,900.00 $11.70 $19,422.00 $14.00 $23,240.00 $18.00 $29,880.00 $17.00 $28,220.00 13A 2,850 S.F.

Remove and Reconstruct Portland Cement Concrete
(PCC) Driveway Approach [6" PCC over 6" Crushed
Miscellaneous Base (CMB)]
$20.00 $57,000.00 $26.80 $76,380.00 $20.00 $57,000.00 $27.00 $76,950.00 $19.50 $55,575.00 14A 1 L.S.

Remove Existing and Install New Lane Markings,
Striping, Pavement Legends, and Raised Pavement
Markers (RPMs) per Approved Plan
$16,000.00 $16,000.00 $12,566.00 $12,566.00 $16,000.00 $16,000.00 $16,100.00 $16,100.00 $15,000.00 $15,000.00 15A 10 EA Install New Blue Raised Pavement Markers (BRPMs) $20.00 $200.00 $20.90 $209.00 $25.00 $250.00 $21.00 $210.00 $25.00 $250.00 16A 1 L.S.

Remove Existing and Install New Thermoplastic
Pavement Markings, Including Continental Crosswalk
and Green Lanes or Conflict Zones
$40,500.00 $40,500.00 $37,795.00 $37,795.00 $38,500.00 $38,500.00 $40,000.00 $40,000.00 $41,000.00 $41,000.00 17A 14 EA Adjust and Reset Existing Survey Monuments and Ties $600.00 $8,400.00 $516.00 $7,224.00 $1,600.00 $22,400.00 $520.00 $7,280.00 $600.00 $8,400.00 18A1 55 EA Adjust Manhole Covers to Grade $900.00 $49,500.00 $991.00 $54,505.00 $1,100.00 $60,500.00 $924.00 $50,820.00 $1,200.00 $66,000.00 18A2 5 EA Adjust Orange County Sanitation District (OCSD) Manhole Covers to Grade $1,500.00 $7,500.00 $1,460.00 $7,300.00 $4,000.00 $20,000.00 $2,310.00 $11,550.00 $1,600.00 $8,000.00 19A 75 EA Adjust Water Valves to Grade $800.00 $60,000.00 $782.00 $58,650.00 $1,100.00 $82,500.00 $924.00 $69,300.00 $950.00 $71,250.00 20A 163,000 S.F. Cold Mill (2" Minimum Depth) $0.30 $48,900.00 $0.29 $47,270.00 $0.27 $44,010.00 $0.35 $57,050.00 $0.30 $48,900.00 21A 1 L.S. Implement Temporary Traffic Control $70,000.00 $70,000.00 $40,469.00 $40,469.00 $25,000.00 $25,000.00 $90,505.50 $90,505.50 $186,900.00 $186,900.00 22A 35 EA Remove Existing and Install New Type "D" Traffic Signal Loop Detectors $400.00 $14,000.00 $318.00 $11,130.00 $315.00 $11,025.00 $320.00 $11,200.00 $400.00 $14,000.00 23A 30 EA Remove Existing and Install New Type "E" Traffic Signal Loop Detectors $300.00 $9,000.00 $292.00 $8,760.00 $300.00 $9,000.00 $294.00 $8,820.00 $400.00 $12,000.00 24A 745 L.F. Paint Red Curb $2.00 $1,490.00 $1.40 $1,043.00 $1.50 $1,117.50 $1.50 $1,117.50 $2.00 $1,490.00 $1,159,640.00 $1,061,160.00 $1,175,872.50 $1,248,551.00 $1,325,035.00

CITY ESTIMATE
BASE BID TOTAL:

4. SEQUEL CONTRACTORS,
INC.

SANTA FE SPRINGS

QUANTITY
BID

BASE BID CORONA

1. ALL AMERICAN ASPHALT 3. HARDY & HARPER INC.2. R.J. NOBLE COMPANY

LAKE FORESTORANGE
PAGE 1 OF 4
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CITY OF COSTA MESA PUBLIC SERVICES DEPARTMENT
Wilson Street Improvement Project
CITY PROJECT NO. 22-01
BID OPENING DATE: April 4, 2022
3B 70 E.L.T. Procure and Apply Slurry Seal Type II with 2.5% latex Street Surfacing $750.00 $52,500.00 $617.00 $43,190.00 $725.00 $50,750.00 $726.00 $50,820.00 $800.00 $56,000.00 4B 1 L.S. Procure and Apply Crack Seal Prior to Slurry Seal $7,500.00 $7,500.00 $1,929.00 $1,929.00 $6,500.00 $6,500.00 $16,500.00 $16,500.00 $15,000.00 $15,000.00 5B 580 TONS
Remove & Reconstruct Asphalt Concrete (AC) [6"
Minimum Depth, Including Excavation] and Replace
with 6" AC Over 6" Crushed Miscellaneous Base
(CMB)
$200.00 $116,000.00 $210.00 $121,800.00 $185.00 $107,300.00 $178.00 $103,240.00 $260.00 $150,800.00 6B 380 TONS Type "C3" Asphalt Concrete Leveling (Paving Machine) $120.00 $45,600.00 $97.00 $36,860.00 $110.00 $41,800.00 $118.00 $44,840.00 $132.00 $50,160.00 7B 1,300 TONS Type "GG-C" Asphalt Rubber Hot Mix (AHRM-G) Surface Course $115.00 $149,500.00 $97.00 $126,100.00 $110.00 $143,000.00 $107.00 $139,100.00 $125.00 $162,500.00 8B 2 EA
Remove Existing and reconstruct ADA Curb Ramps
with Truncated Domes per CALTRANS STD. Plan
A88A
$7,500.00 $15,000.00 $7,081.00 $14,162.00 $7,500.00 $15,000.00 $14,600.00 $29,200.00 $9,500.00 $19,000.00 9B 1,100 S.F.

Remove Existing and Reconstruct Portland Cement
Concrete (PCC) Cross-Gutter, Spandrel, Local
Depression, and PCC Pad (8" PCC over 8" CMB)
$40.00 $44,000.00 $27.20 $29,920.00 $32.00 $35,200.00 $35.00 $38,500.00 $29.00 $31,900.00 10B 120 L.F.

Remove and Reconstruct Portland Cement Concrete
(PCC) C-6 Curb & Gutter [Include 2' Asphalt Concrete
(AC) Slot Pave]
$80.00 $9,600.00 $88.80 $10,656.00 $67.00 $8,040.00 $104.00 $12,480.00 $75.00 $9,000.00 11B 800 L.F.

Remove and Reconstruct Portland Cement Concrete
(PCC) C-8 Curb & Gutter [Include 2' Asphalt Concrete
(AC) Slot Pave]
$85.00 $68,000.00 $69.80 $55,840.00 $72.00 $57,600.00 $110.00 $88,000.00 $75.00 $60,000.00 12B 3,140 S.F. Install Portland Cement Concrete (PCC) Sidewalk [4" PCC over 4" Crushed Miscellaneous Base (CMB)] $15.00 $47,100.00 $11.10 $34,854.00 $14.00 $43,960.00 $18.00 $56,520.00 $17.00 $53,380.00 13B 1,730 S.F.

Remove and Reconstruct Portland Cement Concrete
(PCC) Driveway Approach [6" PCC over 6" Crushed
Miscellaneous Base (CMB)]
$20.00 $34,600.00 $19.30 $33,389.00 $20.00 $34,600.00 $27.00 $46,710.00 $19.50 $33,735.00 14B 1 L.S.

Remove Existing and Install New Lane Markings,
Striping, Pavement Legends, and Raised Pavement
Markers (RPMs) per Approved Plan
$16,000.00 $16,000.00 $18,021.00 $18,021.00 $12,500.00 $12,500.00 $12,650.00 $12,650.00 $17,000.00 $17,000.00 15B 7 EA Install New Blue Raised Pavement Markers (BRPMs) $20.00 $140.00 $20.50 $143.50 $25.00 $175.00 $21.00 $147.00 $25.00 $175.00 16B 1 L.S.

Remove Existing and Install New Thermoplastic
Pavement Markings, Including Continental Crosswalk
and Green Lanes or Conflict Zones
$40,500.00 $40,500.00 $38,975.00 $38,975.00 $38,000.00 $38,000.00 $38,000.00 $38,000.00 $43,000.00 $43,000.00 17B 12 EA Adjust and Reset Existing Survey Monuments and Ties $600.00 $7,200.00 $507.00 $6,084.00 $1,600.00 $19,200.00 $520.00 $6,240.00 $600.00 $7,200.00 18B 28 EA Adjust Manhole Covers to Grade $900.00 $25,200.00 $972.00 $27,216.00 $1,100.00 $30,800.00 $924.00 $25,872.00 $1,200.00 $33,600.00 19B 40 EA Adjust Water Valves to Grade $800.00 $32,000.00 $767.00 $30,680.00 $1,100.00 $44,000.00 $924.00 $36,960.00 $950.00 $38,000.00 20B 105,000 S.F. Cold Mill (2" Minimum Depth) $0.30 $31,500.00 $0.29 $30,450.00 $0.27 $28,350.00 $0.35 $36,750.00 $0.35 $36,750.00 21B 1 L.S. Implement Temporary Traffic Control $70,000.00 $70,000.00 $9,692.00 $9,692.00 $20,000.00 $20,000.00 $51,130.00 $51,130.00 $159,800.00 $159,800.00 22B 5 EA Remove Existing and Install New Type "D" Traffic Signal Loop Detectors $400.00 $2,000.00 $312.00 $1,560.00 $315.00 $1,575.00 $320.00 $1,600.00 $400.00 $2,000.00 23B 45 EA Remove Existing and Install New Type "E" Traffic Signal Loop Detectors $300.00 $13,500.00 $287.00 $12,915.00 $300.00 $13,500.00 $294.00 $13,230.00 $400.00 $18,000.00 24B 460 L.F. Paint Red Curb $2.00 $920.00 $1.40 $644.00 $1.50 $690.00 $1.50 $690.00 $2.00 $920.00 $828,360.00 $685,080.50 $752,540.00 $849,179.00 $997,920.00 C-1 120 L.F. Construct 8" High PCC, Type "B' Curb per City Standard Drawing No. 311 $90.00 $10,800.00 $55.00 $6,600.00 $75.00 $9,000.00 $126.00 $15,120.00 $90.00 $10,800.00 C-2 10 C.Y. Install 8" Depth Decomposed Granite (DG) at Pedestriand Refuge Island $650.00 $6,500.00 $650.00 $6,500.00 $500.00 $5,000.00 $1,200.00 $12,000.00 $1,200.00 $12,000.00 C-3 90 S.F. Remove Existing and Reconstruct Concrete Sidewalk (4" Concrete Over 4" CMB) $20.00 $1,800.00 $35.00 $3,150.00 $14.00 $1,260.00 $32.00 $2,880.00 $35.00 $3,150.00 C-4 2 EA Install Truncated Domes (3' X 10') $1,500.00 $3,000.00 $450.00 $900.00 $1,600.00 $3,200.00 $685.00 $1,370.00 $1,000.00 $2,000.00 C-5 2 EA Remove Existing and Install ADA Curb Ramps with Truncated Domes per Caltrans Standard Pland A88A $7,500.00 $15,000.00 $16,000.00 $32,000.00 $8,000.00 $16,000.00 $14,600.00 $29,200.00 $15,000.00 $30,000.00 $37,100.00 $49,150.00 $34,460.00 $60,570.00 $57,950.00
GRAND TOTAL (BASE BID + ADDITIVE BID (B) + ADDITIVE BID (C): $2,025,100.00 $1,795,390.50 $1,962,872.50 $2,158,300.00 $2,380,905.00 ADDITIVE BID (B) TOTAL:

ADDITIVE BID (C) TOTAL:

2. R.J. NOBLE COMPANY 3. HARDY & HARPER INC.ADDITIVE BID ITEM - B

ADDITIVE BID ITEM - C

1. ALL AMERICAN ASPHALT 4. SEQUEL CONTRACTORS, INC.

PAGE 2 OF 4
ATTACHMENT 3 272

CITY OF COSTA MESA PUBLIC SERVICES DEPARTMENT
Wilson Street Improvement Project
CITY PROJECT NO. 22-01
BID OPENING DATE: April 4, 2022

UNIT UNIT UNIT UNIT
NO. DESCRIPTION PRICE TOTAL PRICE TOTAL PRICE TOTAL PRICE TOTAL 1 1 L.S. Mobilization and Demobilization $80,000.00 $80,000.00 $79,209.02 $79,209.02 $125,000.00 $125,000.00 $89,283.34 $89,283.34 2 1 F.A. Additional Work Items $100,000.00 $100,000.00 $100,000.00 $100,000.00 $100,000.00 $100,000.00 $100,000.00 $100,000.00 3A 30 E.L.T. Procure and Apply Slurry Seal Type II with 2.5% latex Street Surfacing $750.00 $22,500.00 $977.50 $29,325.00 $1,130.00 $33,900.00 $866.08 $25,982.50 4A 1 L.S. Procure and Apply Crack Seal Prior to Slurry Seal $7,500.00 $7,500.00 $8,500.00 $8,500.00 $6,800.00 $6,800.00 $9,149.50 $9,149.50 5A 140 TONS
Remove & Reconstruct Asphalt Concrete (AC) [6"
Minimum Depth, Including Excavation] and Replace
with 6" AC Over 6" Crushed Miscellaneous Base
(CMB)
$200.00 $28,000.00 $405.59 $56,782.60 $385.00 $53,900.00 $268.43 $37,580.43 6A 660 TONS Type "C3" Asphalt Concrete Leveling (Paving Machine) $120.00 $79,200.00 $136.00 $89,760.00 $130.00 $85,800.00 $120.50 $79,530.00 7A 2,000 TONS Type "GG-C" Asphalt Rubber Hot Mix (AHRM-G) Surface Course $115.00 $230,000.00 $152.50 $305,000.00 $120.00 $240,000.00 $118.58 $237,166.67 8A 6 E.A.

Remove Existing and Reconstruct ADA Curb Ramps
with Truncated Domes per CALTRANS STD. Plan
A88A
$7,500.00 $45,000.00 $7,890.00 $47,340.00 $9,000.00 $54,000.00 $9,180.83 $55,085.00 9A 820 S.F.

Remove Existing and Reconstruct Portland Cement
Concrete (PCC) Cross-Gutter, Spandrel, Local
Depression, and PCC Pad (8" PCC over 8" CMB)
$40.00 $32,800.00 $37.00 $30,340.00 $36.00 $29,520.00 $35.43 $29,055.33 10A 1,240 L.F.

Remove and Reconstruct Portland Cement Concrete
(PCC) C-6 Curb & Gutter [Include 2' Asphalt Concrete
(AC) Slot Pave]
$80.00 $99,200.00 $54.50 $67,580.00 $110.00 $136,400.00 $78.58 $97,443.33 11A 330 L.F.

Remove and Reconstruct Portland Cement Concrete
(PCC) C-8 Curb & Gutter [Include 2' Asphalt Concrete
(AC) Slot Pave]
$85.00 $28,050.00 $54.50 $17,985.00 $110.00 $36,300.00 $81.50 $26,895.00 12A 1,660 S.F. Install Portland Cement Concrete (PCC) Sidewalk [4" PCC over 4" Crushed Miscellaneous Base (CMB)] $15.00 $24,900.00 $13.35 $22,161.00 $20.00 $33,200.00 $15.68 $26,020.50 13A 2,850 S.F.

Remove and Reconstruct Portland Cement Concrete
(PCC) Driveway Approach [6" PCC over 6" Crushed
Miscellaneous Base (CMB)]
$20.00 $57,000.00 $25.75 $73,387.50 $25.00 $71,250.00 $24.01 $68,423.75 14A 1 L.S.

Remove Existing and Install New Lane Markings,
Striping, Pavement Legends, and Raised Pavement
Markers (RPMs) per Approved Plan
$16,000.00 $16,000.00 $17,700.00 $17,700.00 $17,000.00 $17,000.00 $15,727.67 $15,727.67 15A 10 EA Install New Blue Raised Pavement Markers (BRPMs) $20.00 $200.00 $23.00 $230.00 $22.00 $220.00 $22.82 $228.17 16A 1 L.S.

Remove Existing and Install New Thermoplastic
Pavement Markings, Including Continental Crosswalk
and Green Lanes or Conflict Zones
$40,500.00 $40,500.00 $43,950.00 $43,950.00 $42,000.00 $42,000.00 $40,540.83 $40,540.83 17A 14 EA Adjust and Reset Existing Survey Monuments and Ties $600.00 $8,400.00 $2,150.50 $30,107.00 $500.00 $7,000.00 $981.08 $13,735.17 18A1 55 EA Adjust Manhole Covers to Grade $900.00 $49,500.00 $1,000.00 $55,000.00 $800.00 $44,000.00 $1,002.50 $55,137.50 18A2 5 EA Adjust Orange County Sanitation District (OCSD) Manhole Covers to Grade $1,500.00 $7,500.00 $3,100.00 $15,500.00 $1,500.00 $7,500.00 $2,328.33 $11,641.67 19A 75 EA Adjust Water Valves to Grade $800.00 $60,000.00 $1,100.00 $82,500.00 $500.00 $37,500.00 $892.67 $66,950.00 20A 163,000 S.F. Cold Mill (2" Minimum Depth) $0.30 $48,900.00 $0.61 $99,430.00 $0.50 $81,500.00 $0.39 $63,026.67 21A 1 L.S. Implement Temporary Traffic Control $70,000.00 $70,000.00 $39,350.00 $39,350.00 $50,000.00 $50,000.00 $72,037.42 $72,037.42 22A 35 EA Remove Existing and Install New Type "D" Traffic Signal Loop Detectors $400.00 $14,000.00 $350.00 $12,250.00 $310.00 $10,850.00 $335.50 $11,742.50 23A 30 EA Remove Existing and Install New Type "E" Traffic Signal Loop Detectors $300.00 $9,000.00 $325.00 $9,750.00 $280.00 $8,400.00 $315.17 $9,455.00 24A 745 L.F. Paint Red Curb $2.00 $1,490.00 $1.55 $1,154.75 $2.00 $1,490.00 $1.66 $1,235.46 $1,159,640.00 $1,334,291.87 $1,313,530.00 $1,243,073.40

CITY ESTIMATE
BID

QUANTITY

LONG BEACHCORONA

6. PALP DBA EXCEL PAVING AVERAGE5. EBS GENERAL
ENGINEERING INC.

BASE BID
BASE BID TOTAL:

PAGE 3 OF 4
ATTACHMENT 3 273

CITY OF COSTA MESA PUBLIC SERVICES DEPARTMENT
Wilson Street Improvement Project
CITY PROJECT NO. 22-01
BID OPENING DATE: April 4, 2022
3B 70 E.L.T. Procure and Apply Slurry Seal Type II with 2.5% latex Street Surfacing $750.00 $52,500.00 $954.50 $66,815.00 $1,000.00 $70,000.00 $803.75 $56,262.50 4B 1 L.S. Procure and Apply Crack Seal Prior to Slurry Seal $7,500.00 $7,500.00 $7,658.00 $7,658.00 $9,000.00 $9,000.00 $9,431.17 $9,431.17 5B 580 TONS
Remove & Reconstruct Asphalt Concrete (AC) [6"
Minimum Depth, Including Excavation] and Replace
with 6" AC Over 6" Crushed Miscellaneous Base
(CMB)
$200.00 $116,000.00 $390.00 $226,200.00 $400.00 $232,000.00 $270.50 $156,890.00 6B 380 TONS Type "C3" Asphalt Concrete Leveling (Paving Machine) $120.00 $45,600.00 $153.40 $58,292.00 $143.00 $54,340.00 $125.57 $47,715.33 7B 1,300 TONS Type "GG-C" Asphalt Rubber Hot Mix (AHRM-G) Surface Course $115.00 $149,500.00 $153.00 $198,900.00 $138.00 $179,400.00 $121.67 $158,166.67 8B 2 EA
Remove Existing and reconstruct ADA Curb Ramps
with Truncated Domes per CALTRANS STD. Plan
A88A
$7,500.00 $15,000.00 $7,890.00 $15,780.00 $9,800.00 $19,600.00 $9,395.17 $18,790.33 9B 1,100 S.F.

Remove Existing and Reconstruct Portland Cement
Concrete (PCC) Cross-Gutter, Spandrel, Local
Depression, and PCC Pad (8" PCC over 8" CMB)
$40.00 $44,000.00 $36.00 $39,600.00 $54.00 $59,400.00 $35.53 $39,086.67 10B 120 L.F.

Remove and Reconstruct Portland Cement Concrete
(PCC) C-6 Curb & Gutter [Include 2' Asphalt Concrete
(AC) Slot Pave]
$80.00 $9,600.00 $100.00 $12,000.00 $156.00 $18,720.00 $98.47 $11,816.00 11B 800 L.F.

Remove and Reconstruct Portland Cement Concrete
(PCC) C-8 Curb & Gutter [Include 2' Asphalt Concrete
(AC) Slot Pave]
$85.00 $68,000.00 $51.50 $41,200.00 $140.00 $112,000.00 $86.38 $69,106.67 12B 3,140 S.F. Install Portland Cement Concrete (PCC) Sidewalk [4" PCC over 4" Crushed Miscellaneous Base (CMB)] $15.00 $47,100.00 $13.25 $41,605.00 $27.00 $84,780.00 $16.73 $52,516.50 13B 1,730 S.F.

Remove and Reconstruct Portland Cement Concrete
(PCC) Driveway Approach [6" PCC over 6" Crushed
Miscellaneous Base (CMB)]
$20.00 $34,600.00 $25.00 $43,250.00 $36.00 $62,280.00 $24.47 $42,327.33 14B 1 L.S.

Remove Existing and Install New Lane Markings,
Striping, Pavement Legends, and Raised Pavement
Markers (RPMs) per Approved Plan
$16,000.00 $16,000.00 $13,857.50 $13,857.50 $15,000.00 $15,000.00 $14,838.08 $14,838.08 15B 7 EA Install New Blue Raised Pavement Markers (BRPMs) $20.00 $140.00 $23.00 $161.00 $21.00 $147.00 $22.58 $158.08 16B 1 L.S.

Remove Existing and Install New Thermoplastic
Pavement Markings, Including Continental Crosswalk
and Green Lanes or Conflict Zones
$40,500.00 $40,500.00 $41,680.60 $41,680.60 $40,000.00 $40,000.00 $39,942.60 $39,942.60 17B 12 EA Adjust and Reset Existing Survey Monuments and Ties $600.00 $7,200.00 $2,150.50 $25,806.00 $500.00 $6,000.00 $979.58 $11,755.00 18B 28 EA Adjust Manhole Covers to Grade $900.00 $25,200.00 $1,000.00 $28,000.00 $800.00 $22,400.00 $999.33 $27,981.33 19B 40 EA Adjust Water Valves to Grade $800.00 $32,000.00 $1,100.00 $44,000.00 $500.00 $20,000.00 $890.17 $35,606.67 20B 105,000 S.F. Cold Mill (2" Minimum Depth) $0.30 $31,500.00 $0.63 $66,150.00 $0.50 $52,500.00 $0.40 $41,825.00 21B 1 L.S. Implement Temporary Traffic Control $70,000.00 $70,000.00 $39,350.00 $39,350.00 $85,500.00 $85,500.00 $60,912.00 $60,912.00 22B 5 EA Remove Existing and Install New Type "D" Traffic Signal Loop Detectors $400.00 $2,000.00 $350.00 $1,750.00 $310.00 $1,550.00 $334.50 $1,672.50 23B 45 EA Remove Existing and Install New Type "E" Traffic Signal Loop Detectors $300.00 $13,500.00 $325.00 $14,625.00 $280.00 $12,600.00 $314.33 $14,145.00 24B 460 L.F. Paint Red Curb $2.00 $920.00 $1.55 $713.00 $2.00 $920.00 $1.66 $762.83 $828,360.00 $1,027,393.10 $1,158,137.00 $911,708.27
C-1 120 L.F. Construct 8" High PCC, Type "B' Curb per City Standard Drawing No. 311 $90.00 $10,800.00 $84.00 $10,080.00 $110.00 $13,200.00 $90.00 $10,800.00 C-2 10 C.Y. Install 8" Depth Decomposed Granite (DG) at Pedestriand Refuge Island $650.00 $6,500.00 $520.00 $5,200.00 $650.00 $6,500.00 $786.67 $7,866.67 C-3 90 S.F. Remove Existing and Reconstruct Concrete Sidewalk (4" Concrete Over 4" CMB) $20.00 $1,800.00 $55.25 $4,972.50 $32.00 $2,880.00 $33.88 $3,048.75 C-4 2 EA Install Truncated Domes (3' X 10') $1,500.00 $3,000.00 $1,965.00 $3,930.00 $1,900.00 $3,800.00 $1,266.67 $2,533.33 C-5 2 EA Remove Existing and Install ADA Curb Ramps with Truncated Domes per Caltrans Standard Pland A88A $7,500.00 $15,000.00 $7,890.00 $15,780.00 $9,800.00 $19,600.00 $11,881.67 $23,763.33 $37,100.00 $39,962.50 $45,980.00 $48,012.08
GRAND TOTAL (BASE BID + ADDITIVE BID (B) + ADDITIVE BID (C )): $2,025,100.00 $2,401,647.47 $2,517,647.00 $2,202,793.75 ADDITIVE BID (C) TOTAL:

ADDITIVE BID ITEM - B 5. EBS GENERAL ENGINEERING INC. 6. PALP DBA EXCEL PAVING AVERAGE

ADDITIVE BID ITEM - C
ADDITIVE BID (B) TOTAL:

PAGE 4 OF 4
ATTACHMENT 3 274
City of Costa Mesa
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 22-665 Meeting Date: 5/3/2022
TITLE:

AWARD OF CITYWIDE TRAFFIC SIGNAL MAINTENANCE CONTRACT
DEPARTMENT: PUBLIC SERVICES DEPARTMENT / TRANSPORTATION

SERVICES DIVISION
PRESENTED BY: RAJA SETHURAMAN, PUBLIC SERVICES DIRECTOR CONTACT INFORMATION: JENNIFER ROSALES, TRANSPORTATION SERVICES MANAGER (714) 754-5343
RECOMMENDATION:

Staff recommends the City Council:

1. Approve the proposed Maintenance Services Agreement (MSA) with Yunex LLC for the maintenance of the City’straffic signals in an amount not to exceed $400,000 annually, for an initial term of three (3) years with two (2) one-year renewal options for a total of five years.

2. Approve a 10% contingency annually for unforeseen costs relating to the City’s traffic signals.

3. Authorize the City Manager and the City Clerk to execute the agreement and future amendments to the agreement.

BACKGROUND:

On March 1, 2015, a contract was executed with Siemens Industry, Inc. to perform routine and extraordinary traffic signal maintenance services for the City’s traffic operations equipment. The contract term was for a period of four (4) years with three (3) one-year extensions. On November 12, 2020, Siemens Industry announced that the signal maintenance branch of the company would be managed under a new name, Yunex, by the end of 2021. On December 7, 2021, Amendment No. 2 modified the contractor’sname to Yunex LLC, a wholly owned subsidiary of Siemens Mobility, Inc.

On February 17, 2022, Amendment No. 3 extended the term of the contract to June 30, 2022.

ANALYSIS:

In December 2021, a Request for Proposals (RFP) for the traffic signal maintenance services for the City was posted on the PlanetBids website. The necessary services include the performance of “routine”as well as “extraordinary”maintenance of the City’scurrent 131 traffic signals, three (3) pedestrian hybrid beacons/fire station signals, 53 radar speed feedback signs, eight (8) flashing crosswalks, 47 Closed Circuit Television cameras, twelve (12) battery backup systems, ten (10) school warning flashers, and approximately 36 miles of underground communications cable and

275
File #: 22-665 Meeting Date: 5/3/2022
school warning flashers, and approximately 36 miles of underground communications cable and associated hardware.

Five (5) proposals were received and reviewed for compliance with the City’sRFP, and prospective maintenance contractors were evaluated based on work plan and approach, technical qualifications and experience of personnel, qualifications of the contractor, cost proposal, and associated evaluation criteria. The two (2) highest ranked contractors were selected to interview for further evaluation. After careful review of all proposals and interview responses, Yunex LLC was selected for the City’s traffic signal maintenance. The Yunex team successfully demonstrated a thorough understanding of the scope of work of the maintenance services, technical ability and experience, ability to respond on time and maintain adequate supply of materials and equipment in their warehouse and service yard. Yunex LLC provides traffic signal maintenance services of similar scope and size for cities throughout Orange and Los Angeles counties. In addition, Yunex, LLC has successfully provided reliable and continuous traffic signal maintenance services to the City for the past seven years.

Staff recommends that City Council approve the proposed MSA with Yunex, LLC, for maintenance of City’s traffic signal equipment and related infrastructure.

ALTERNATIVES:

An alternative to awarding this agreement would be to have in-house personnel perform traffic signal maintenance duties. However, in-house maintenance of traffic signals would require hiring specially trained personnel and the purchase of additional vehicles, electronic testing/repair equipment, and surplus of traffic signal equipment and materials. This alternative is not recommended at this time.

FISCAL REVIEW:

Funding for the Maintenance Services Agreement (MSA) with Yunex, LLC for the City’straffic signal maintenance is available in the annually appropriated operations budget of the Public Services Department/Transportation Services Division.

The $400,000 annual traffic signal maintenance cost includes a fixed “RoutineMaintenance”cost of $10,803.50 per month ($129,642 per year) covering the routine monthly inspection and maintenance of the City’straffic signals, pedestrian hybrid beacons (HAWK), battery backup system (BBS) and flashing LED stop signs. The remainder of the contract budget is anticipated to cover the cost of extraordinary maintenance comprising of labor and materials to replace outdated or malfunctioning equipment and traffic signal appurtenances including, but are not limited to, LED lamps, traffic signals heads, loop detectors, pedestrian amenities, damaged communication equipment, and other replaceable items.

LEGAL REVIEW:

The City Attorney’s Office has reviewed this agenda report, prepared the proposed Maintenance Services Agreement and approves them both as to form.

CITY COUNCIL GOALS AND PRIORITIES:

This item supports the following City Council Goals:
· Strengthen the public’s safety and improve the quality of life.

276
File #: 22-665 Meeting Date: 5/3/2022
CONCLUSION:

Staff recommends the City Council:

1. Approve the proposed Maintenance Services Agreement (MSA) with Yunex LLC for the maintenance of the City’straffic signals in an amount not to exceed $400,000 annually, for an initial term of three (3) years with two (2) one-year renewal options for a total of five years.

2. Approve a 10% contingency annually for unforeseen costs related to the City’s traffic signals.

3. Authorize the City Manager and the City Clerk to execute the agreement and future amendments to the agreement.

277
1 Yunex LLC
Form Rev. 11-18 - 21

CITY OF COSTA MESA

MAINTENANCE SERVICES AGREEMENT
WITH
YUNEX

LLC

THIS MAINTENANCE SERVICES AGREEMENT (“Agreement”) is made and entered into this 3rd

day of May, 20

2 2 (“Effective Date”), by and between the CITY OF COSTA MESA, a municipal corporation (“City”), and YUNEX

LLC

,
a Delaware limited liability company
(“Contractor”).

W I T N E S S E T H :

A. City proposes to utilize the services of Contractor as an independent contractor to provide traffic signal maintenance services

,
as more fully described

herein

; and

B. Contractor represents that it has the experience and expertise to p

roperly p
erform
such services

and holds all necessary licenses to practice and perform

the services
; and

C. City and Contractor desire to contract for the services and desire to set forth their rights, duties and liabilities in connection with the performance of such services

; and

D. No official or employee of City has a financial interest, within the provisions of Sections 1090-1092 of the California Government Code, in the subject matter of this Agreement.

NOW, THEREFORE, for and in consideration of the mutual covenants and conditio ns contained herein, the parties hereby agree as follows:

1.0. SERVICES PROVIDED BY CONTRACTOR

1.1. Scope of Services. Contractor shall provide the services described in the Scope of Work , attached hereto as Exhibit “A ,” and Contractor’s Proposal, attached hereto as Exhibit “B,” both

incorporated herein (the “Services”). Contractor shall provide the Ser

vices
for the

signals

and devices set forth in Exhibit “C,” attached hereto and incorporated herein.

1.2. Prevailing Wage Requirements.

(a)

Prevailing Wage Laws. Contractor is aware of the requirements of Chapter 1 (beginning at Section 1720 et seq.) of Part 7 of Division 2 of the California Labor Code, as well as Title 8, Section 16000 et seq. of the California Code of Regulations (“Prevailing Wage Laws”), which r equire the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. This project is a “maintenance” project and requires compliance with the Prevailing Wage Laws. Contractor shall defend, inde

mnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

(b)

Payment of Prevailing Wages . Contractor shall pay the prevailing wage ATTACHMENT 1
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rates for all work performed under this Agreement. When any craft or classification is omitted from the general prevailing wage determinations, Contractor shall pay the wage rate of the craft or classification most closely related to the omitted classification. A copy of the general prevailing wage rate determination is on file in the Office of the City Clerk and is incorporated into this Agreement as if fully set forth herein. Contractor shall post a copy of such wage rates at all times at the project site(s). (c) Legal Working Day . In accordance with the provisions of Labor Code Section 1810 et seq., eight (8) hours is the legal working day. Contractor and any subcontractor(s) of Contractor shall comply with the provisions of the Labor Code regarding eight (8)-hour work day and 40-hour work week requirements, and overtime, Saturday, Sunday, and holiday work. Work per
formed by Contractor’s or any subcontractor’s employees in excess of eight (8) hours per day, and 40 hours dur ing any one week, must include compensation for all hours worked in excess of eight (8) hours per day, or 40 hours during any one week, at not less than one and one-half times the basic rate of pay. Contractor shall forfeit as a penalty to City Twenty -Fi ve
Dollars ($25.00), or any greater penalty set forth in the Labor Code, for each worker employed in the execution of the work by Contractor or by any subcontractor(s) of Contractor, for each calendar day during which such worker is required or permitted to th
e work more than eight (8) hours in one
calendar day or more than 40 hours in any one calendar week in violati on of the Labor Code.
(d
) Apprentices. Contractor shall comply with the provisions of Labor Code Section 1777.5 concerning the employment of apprentices on public works projects. Contractor shall be responsible for ensuring compliance by its subcontractors with Labor Code Section 1777.5.
(e
) Payroll Records. Pursuant to Labor Code Section 1776, Contractor and any subcontractor(s) shall keep ac curate payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wa
ges paid to each journeyman, apprentice, worker, or other employee employed by Contractor or any subcontractor in connection with thi s Agreement. Each payroll record shall contain or be verified by a written decl
aration that it is made under penalty of perjury, stating both of t he following: (1) The information contained in the p ayr oll record is true and correct; and (2) The employer has complied with the requirements of Se
ctions 1771, 1881, and 1815 of the Labor Code for any work performed by his or her employees on this project. The payroll records shall be certified and shall be available for inspection at all reasonable hours in accordance with the requirements of Labor Code Section 1776. (f) Re
gistration with DIR . Contractor and any subcontractor(s) of Contracto r shall comply with the provisions of Labor Code Section 1771 an d Labor Code Section 1725.5 requiring registration with the DIR.

1.3. Performance to Satisfaction of City . Contractor agrees to perform all the work to 279
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the complete satisfaction of City. Evaluations of the wor k will be done by City’s Transportation Services Manager or his or her designee. If the quality of work is not satisfactory, City in its discretion has the right to:
(a) Meet with Contractor to review the quality of the work and resolve the matters of concern;
(b) Require Contractor to repeat the work at no additional fee until it is satisfactory; and/or
(c) Terminate the Agreement as hereinafter set forth.

1.4. Compliance with Applicable Law. Contractor shall perform the services required by this Agreement in compliance with all applicable federal and state employment laws, including, but not limited to, those laws related to minimum hours and wages; occupational health and safety; fair employment and employment practices; workers’ compensation insurance and safety in employment; and all other applicable federal, s tate and local laws and ordinances applicable to the services required under this Agreement. Contractor shall indemnify and hold harmless City from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description including attorneys’ fees and costs, presented, brought, or recovered against City for, or on account of any liability under any of the above-mentioned laws, which may be incurred by reason of Contractor’s performance under this Agreement.

1.5. Non-Discrimination. In performing this Agreement, Contractor shall not engage in, nor permit its agents to engage in, discrimination in employment of persons because of their race, religious creed, color, national origin, ancestry, physical disability, mental disability, medi cal condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military or veteran status, except as permitted pursuant to section 12940 of the Government Code.

1.6. Non-Exclusive Agreement . Contractor acknowledges that City may enter into agreements with other contractors for services similar to the S ervices in this Agreement or may have its own employees per form services similar to those S ervices contemplated by thi s Agreement.

1.7. Delegation and Assignment . Contractor may not delegate or assign this Agreement, in whole or in part, to any person or entity without the prior written consent of City.

Contractor may engage a subcontractor(s) as permitted by law and may employ other personnel to perform services contemplated by this Agreement at Contractor’s sole cost and expense.

2.0. COMPENSATION AND BILLING

2.1. Compensation. Contractor shall be paid in accordance with the fee schedule set forth in Exhibit “D,” attached hereto and incorporated herein. Contractor’s annual compensation shall not exceed Four Hundred Thousand Dollars ($400,000.00). Contractor shall not increase its fees at any time during the initial term or any ex tension periods, unless otherwise agreed to in writing by City and Contractor.

2.2. Additional Services. Contractor shall not receive compensation for any services provided outside the Scope of Services set forth in this Agreement without amending this 280
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Agreement as provided herein. It is specifically understood that oral requests and/or approvals of such additional services or additional compensation shall be barred and are unenforceable.

2.3. Method of Billing . Contractor may submit invoices to the City for approval on a progress basis, but no more often than two times a month. Said invoice shall be based on the total of all Contractor’s services which have been completed to City’s sole satisfaction. City shall pay Contractor’s invoice within forty-five (45) days from the date City receives said invoice. Each invoice shall describe in detail, the S ervices performed, the date of performance, and the associated time for completion.

2.4. Records and Audits . Records of Contractor’s Services shall be maintained in accordance with generally recognized accounting principles and shall be made available to City for inspection and/or audit at mutual ly convenient times throughout the term of this Agreement through three (3) years after its termination.

3.0. TIME OF PERFORMANCE

3.1. Commencement and Completion of Work. Contractor shall commence providing the Services on July 1, 2022 (“Commencement of Work ”). The Services shall be performed in strict compliance with Exhibits A and B. Failure to commence work in a timely manner and/or diligently pursue work to completion may be grounds for termination of this Agreement.

3.2. Excusable Delays . Neither party shall be responsible for delays or lack of performance resulting from acts beyond the reasonable control of the party or parties. Such acts shall include, but not be limited to, acts of God, fire, strikes, material shortages, compliance with laws or regulations, riots, acts of war, or any other conditions beyond the reasonable control of a party.

4.0. TERM AND TERMINATION

4.1. Term. This Agreement shall commence on the Effective Da te and continue for a period of three (3) years from the Commencement of Work , ending on June 30, 2025, unless previously terminated as provided herein or as otherwise agreed to in writing by the parties. This Agreement may be extended by two (2) additional one (1) year periods upon written agreement of the parties.

4.2. Notice of Termination. City reserves and has the right and privilege of canceling, suspending or abandoning the execution of all or any part of the work contemplated by this Agreement, with or without cause, at any time, by providing written notice to Contractor. The termination of this Agreement shall be deemed effective upon receipt of the notice of termination.

In the event of such termination, Contractor shall immediately stop rendering services under this Agreement unless directed otherwise by the City.

4.3. Compensation. In the event of termination, City shall pay Contractor for reasonable costs incurred and S ervices satisfactorily performed up to and including the date of City’s written notice of termination. Compensation for work in progress shall be p rorated based on the percentage of work completed as of the effective date of termination in accordance with the fees set forth herein.

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5.0. INSURANCE

5.1. Minimum Scope and Limits of Insurance . Contractor shall obtain, maintain, and keep in full force and effect during the life of this Agreement all of the following minimum scope of insurance coverages with an insurance company admitted to do business in California, rated “A,” Class X, or better in the most recent Best ’s Key Insurance Rating Guide, and approved by City:

(a) Commercial general liability, including premises -operations, products/completed operations, broad form property damage, blanket contractual liability, independent contractors, personal injury or bodily injury with a policy lim it of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence . If such insurance contains a general aggregate limit, it shall apply separately to this Agreement or shall be twice the required occurrence limit.

(b) Business a utomobile liability for owned vehicles, hired, and non -owned vehicles, with a policy limit of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence for bodily injury and property damage.

(c) Workers’ compensation insurance as required by the State of California.

Contractor agrees to waive, and to obtain endorsements from its workers ’ compensation insurer waiving subrogation rights under its workers ’ compensation insurance policy against the City , its officers, age nts, employees, and volunteers arising from work performed by Contractor for the City and to require each of its subcontractors, if any, to do likewise under their workers’ compensation insurance policies.

5.2. Endorsements. The commercial general liability insurance policy and business automobile liability policy shall contain or be endorsed to contain the following provisions:

(a) Additional insureds: “The City of Costa Mesa and its elected and appointed boards, officers, officials, agents, employees, and volunteers are additional insureds with respect to: liability arising out of activities performed by or on behalf of Contractor pursuant to its contract with City; products and completed operations of Contractor; premises owned, occupied or used by Contractor; automobiles owned, leased, hired, or borrowed by Contractor.”

(b) Notice: “Said policy shall not terminate, be suspended, or voided, nor shall it be cancelled, nor the coverage or limits reduced, until thirty (30) days after written notice is given to City.”

(c) Other insurance: “ Contractor’s insurance coverage shall be primary insurance as respects the City of Costa Mesa, its officers, officials, agents, employees, and volunteers. Any other insurance maintained by the City of Costa Mesa shall be excess and not contributing with the ins urance provided by this policy.”

(d) Any failure to comply with the reporting provisions of the policies shall not 282
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affect coverage provided to the City of Costa Mesa, its officers, officials, agents, employees, and volunteers.

(e) Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.

5.3. Deductible or Self Insured Retention. If any of such policies provide for a deductible or self-insured retention to provide such coverage, the amount of such deductible or self-insured retention shall be approved in advance by City. No policy of insurance issued as to which the City is an additional insured shall contain a provision which requires that no insured except the named insured can satisfy any such deductible or self-insured retention.

5.4. Certificates of Insurance. Contractor shall provide to City certificates of insurance showing the insurance coverages and required endorsements described above, in a form and content approved by City, prior to performing any services under this Agreement.

5.5. Non-limiting. The insurance provisions contained in this Agreement shall not be construed as limiting in any way, the indemnification provision s contained in this Agreement, or the extent to which Contractor may be held responsible for payments of damages to persons or property.

6.0. GENERAL PROVISIONS

6.1. Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to any matter referenced herein and supersedes any and all other prior writings and oral negotiations. This Agreement may be modified only in writing, and signed by the parties in interest at the time of such modification. The terms of this Agreement shall prevail over any inconsistent provision in any other contract document appurtenant hereto, including exhibits to this Agreement.

6.2. Representatives. T he City Manager or his or her designee shall be the representative of City for purposes of this Agreement and may issue all consents, approvals, directives and agreements on behalf of the City, called for by this Agreement, except as otherwise expressly provided in this Agreement.

Contractor shall designate a representative for purposes of this Agreement who shall be authorized to issue all consents, approvals, directives and agreements on behalf of Contractor called for by this Agreement, except as othe rwise expressly provided in this Agreement.

6.3. Project Managers. City shall designate a Project Manager to work directly with Contractor in the performance of this Agreement.

Contractor shall designate a Project Manager who shall represent it and b e its agent in all consultations with City during the term of this Agreement. Contractor or its Project Manager shall attend and assist in all coordination meetings called by City.

6.4. Notices. Any notices, documents, correspondence or other communicat ions concerning this Agreement or the work hereunder may be provided by personal delivery or mail 283
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and shall be addressed as set forth below. Such communication shall be deemed served or delivered: (a) at the time of delivery if such communication is sent by personal delivery; and (b) 48 hours after deposit in the U.S. Mail as reflected by the official U.S. postmark if such communication is sent through regular United States mail.

IF TO CONTRACTOR: IF TO CITY:

Yunex LLC
2250 Business Way
Riverside, CA 92501
City of Costa Mesa
77 Fair Drive
Costa Mesa, CA 92626
Tel: (951) 784-6600 Tel: (714) 754-5298
Attn: Michael Hutchens Attn: Noel Casil

Courtesy copy to:

City of Costa Mesa
77 Fair Drive
Costa Mesa, CA 92626
Attn: Finance Dept. | Purchasing

6.5. Drug-free Workplace Policy . Contractor shall provide a drug- free workplace by complying with all provisions set forth in City ’s Council Policy 100-5, attached hereto as Exhibit “E” and incorporated herein . Contractor’s failure to conform to the requirements set forth in Council Policy 100-5 shall constitute a material breach of this Agreement and shall be cause for immediate termination of this Agreement by City.

6.6. Attorneys’ Fees. In the event that litigation is brought by any party in connection with this Agreement, the pre vailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys’ fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the te rms, conditions, or provisions hereof.

6.7. Governing Law. This Agreement shall be governed by and construed under the laws of the State of California without giving effect to that body of laws pertaining to conflict of laws. In the event of any legal action to enforce or interpret this Agreement, the parties hereto agree that the sole and exclusive venue shall be a court of competent jurisdiction located in Orange County, California.

6.8. Assignment. Contractor shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of Contractor’s interest in this Agreement without City ’s prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void and shall constitute a breach of this A greement and cause for termination of this Agreement.

Regardless of City’s consent, no subletting or assignment shall release Contractor of Contractor’s obligation to perform all other obligations to be performed by Contractor hereunder for the term of this Agreement.

6.9. Indemnification and Hold Harmless. Contractor agrees to defend, with counsel of City’s choosing, indemnify, and hold harmless the City, its elected officials, officers, agents and employees, at Contractor’s sole expense, from and against any and all claims, actions, suits or other legal proceedings brought against the City, its elected officials, officers, agents and 284
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employees arising out of the performance of the Contractor, its employees, and/or authorized subcontractors, of the work undertaken pursuant to this Agreement. The defense obligation provided for hereunder shall apply without any advance showing of negligence or wrongdoing by the Contractor, its employees, and/or authorized subcontractors, but shall be required whenever any claim, action, complaint, or suit asserts as its basis the negligence, errors, omissions or misconduct of the Contractor, its employees, and/or authorized subcontractors, and/or whenever any claim, action, complaint or suit asserts liability against the City, its elected officials, officers, agents and employees based upon the work performed by the Contractor, its employees, and/or authorized subcontractors under this Agreement, whether or not the Contractor, its employees, and/or authorized subcontractors are specifically named or otherwise asserted to be liable.

Notwithstanding the foregoing, the Contractor shall not be liable for the defense or indemnification of the City for claims, actions, complaints or suits arising out of the sole active negligence or willful misconduct of the City. This provision shall supersede and replace all other indemnity provisions contained either in the City ’s specifications or Contractor’s Proposal, which shall be of no force and effect.

6.10. Independent Contractor . Contractor is and shall be acting at all times as an independent contractor and not as an employee of City. Contractor shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent.

Neither City nor any of its agents shall have control over the conduct of Contractor or any of Contractor’s employees, except as set forth in this Agreement. Contractor shall not, at any time, or in any manner, represent that it or any of its or employees are in any manner agents or employees of City. Contractor shall secure, at its sole expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for Contractor and its officers, agents, and employees, and all business licenses, if any are required, in connection with the services to be performed hereunder. Contractor shall indemnify and hold City harmless from any and all taxes, assessments, penalties, and inter est asserted against City by reason of the independent contractor relationship created by this Agreement. Contractor further agrees to indemnify and hold City harmless from any failure of Contractor to comply with the applicable worker’s compensation laws. City shall have the right to offset against the amount of any fees due to Contractor under this Agreement any amount due to City from Contractor as a result of Contractor’s failure to promptly pay to City any reimbursement or indemnification arising under this paragraph.

6.11. PERS Eligibility Indemnification. In the event that Contractor or any employee, agent, or subcontractor of Contractor providing services under this Agreement claims or is determined by a court of competent jurisdiction or the Cal ifornia Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Contractor shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits o n behalf of Contractor or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.

Notwithstanding any other agency, state or federal po licy, rule, regulation, law or ordinance to the contrary, Contractor and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to 285
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any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits.

6.12. Cooperation. In the event any claim or action is brought against City relating to Contractor’s performance or services rendered under this Agreement, Contractor shall render any reasonable assistance and cooperation which City might require.

6.13. Conflict of Interest . Contractor and its officers, employees, associates and subcontractors, if any, will comply with all conflict of interest statutes of the State of California applicable to Contractor’s services under this Agreement, including, but not limited to, the Political Reform Act (Government Code Sections 81000, et seq.) and Government Code Section 1090.

During the term of this Agreement, Contractor and i ts officers, employees, associates and subcontractors shall not, without the prior written approval of the City Representative, perform work for another person or entity for whom Contractor is not currently performing work that would require Contractor or one of its officers, employees, associates or subcontractors to abstain from a decision under this Agreement pursuant to a conflict of interest statute.

6.14. Prohibited Employment. Contractor will not employ any regular employee of City while this Agreement is in effect.

6.15. Order of Precedence. In the event of an inconsistency in this Agreement and any of the attached exhibits, the terms set forth in this Agreement shall prevail . If, and to the extent this Agreement incorporates by reference any provision of any document, such provision shall be deemed a part of this Agreement. Nevertheless, if there is any conflict among the terms and conditions of this Agreement and those of any such provision or provisions so incorporated by reference, this Agreement shall govern over the document referenced.

6.16. Costs. Each party shall bear its own costs and fees incurred in the preparation and negotiation of this Agreement and in the performance of its obligations hereunder except as expressly provided herein.

6.17. Binding Effect. This Agreement binds and benefits the parties and their respective permitted successors and assigns.

6.18. No Third Party Beneficiary Rights . This Agreement is entered into for the sole benefit of City and Contractor and no other parties are intended to be direct or inci dental beneficiaries of this Agreement and no third party shall have any right in, under or to this Agreement.

6.19. Headings. Headings contained in this Agreement are included solely for convenience and are not intended to modify, explain or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement.

6.20. Construction. The parties have participated jointly in the negotiation and drafting of this Agreement and have had an adequate opportunity to review each and every provision of the Agreement and submit the same to counsel or other consultants for review and comment. In the event an ambiguity or question of intent or interpretation arises with respect to this Agreement, this Agreement shall be construed as if drafted jointly by the parties and in accordance with its fair meaning. There shall be no presumption or burden of proof favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement. 286
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6.21. Amendments. Only a writing executed by the parties hereto or their respective successors and assigns may amend this Agreement.

6.22. Waiver. The delay or failure of either party at any time to require performance or compliance by the other of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is sought. The waiver of any right or remedy in respect to any o ccurrence or event shall not be deemed a waiver of any right or remedy in respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver.

6.23. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable in any circumstance, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance. Notwithstanding the foregoing, if the value of this Agreement, based upon the substantial benefit of the bargain for any party , is materially impaired, which determination made by the presiding court or arbitrator of competent jurisdiction shall be binding, then both parties agree to substitute such provision(s) through good faith negotiations.

6.24. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement.

6.25. Corporate Authority . The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by doing so the parties hereto are formally bound to the provisions of this Agreement.

[Signature page follows.]

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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.

CONTRACTOR

__________________________________ Date: __________________________ Signature

__________________________________
[Name and Title]

__________________________________ Date: __________________________ Signature

__________________________________
[Name and Title]

CITY OF COSTA MESA

__________________________________ Date: __________________________ Lori Ann Farrell Harrison
City Manager

ATTEST:

__________________________________
Brenda Green
City Clerk

APPROVED AS TO FORM:

__________________________________ Date: __________________________ Kimberly Hall Barlow
City Attorney

APPROVED AS TO INSURANCE:

__________________________________ Date: __________________________ Ruth Wang
Risk Management

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APPROVED AS TO CONTENT:

__________________________________ Date: __________________________ Noel Casil
Project Manager

DEPARTMENTAL APPROVAL:

__________________________________ Date: __________________________ Raja Sethuraman
Public Services Director

APPROVED AS TO PURCHASING:

__________________________________ Date: __________________________ Carol Molina
Finance Director

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EXHIBIT A

SCOPE OF WORK
290

TRAFFIC SIGNAL SYSTEM MAINTENANCE

SCOPE OF WORK

THIS SCOPE OF WORK relates to maintenance of traffic signals, safety lighting, closed circuit television cameras (CCTV), flashing crosswalks, radar speed signs, flashing beacons, battery backup systems (BBS), field communications e quipment, and associated traffic safety devices under the City of Costa Mesa jurisdiction, hereinafter referred to as “City”.

Services provided shall be as follows:

SECTION I. GENERAL

A. QUALIFICATIONS

The Traffic Signal Maintenance Contractor, here in after referred to as “Contractor” shall have available and readily accessible all required tools, materials, equipment, apparatus, facilities and skilled labor services to perform all work necessary to maintain the various traffic facilities in a good workmanlike manner.

All work, materials and equipment shall conform to current Caltrans Standard Plans and Specifications, the California Manual of Uniform Traffic Control Devices (CA MUTCD), the International Municipal Signal Association (IMSA), and City Standards.

The Contractor shall provide at least one full-time signal maintenance technician certified as a Level II Traffic Signal Technician by IMSA with bucket truck for City traffic maintenance purposes. The Contractor shall have available adequate skilled person nel and proper lab testing facilities to perform inspection and repair of signal cabinets, controller assemblies, auxiliary equipment and traffic control appurtenances.

The Contractor shall have on hand at all times at least three of each of the following spare equipment:

• Econolite Cobalt controllers.
• NEMA conflict monitors with LED display, as needed for replacement. • Etherwan ethernet switch, model EX78802-0VBT
The Contractor shall maintain a single local telephone number where they can be directly reached daily on a twenty -four (24) hour basis for emergency service for response to damage, malfunctions, or to correct conditions that may create a public hazard. Response service to specified location shall be within thirty (30) minutes to correct malfu nction, damage or risk to public safety. The Contractor telephone number shall be made available to all persons designated by City.

B. RECORDS

1. Intersection Records: The Contractor shall maintain at each intersection a permanent service record documenting all ongoing work, operations and hardware malfunctions, repair and configuration work. The record shall log both monthly preventive maintenance and all extraordinary maintenance work, and specify the date and nature of all repairs to the controller assembly and field hardware. Serial numbers of 291
controller units shall be logged when laboratory maintenance is required. The intersection maintenance record shall be in a for mat acceptable to the City and retained by the Contractor for a seven -year period. Separate signal timi ng and hardware documents shall additionally be retained in each cabinet, including a cabinet wiring diagram, signal phase and pedestrian timings, detectors , interconnect equipment, preempt control, etc.

2. Office Records : The Contractor shall maintain a complete record of all laboratory repairs to controllers and hardware showing all parts or components replaced with serial numbers. Each service truck shall keep a daily record covering time chargeable for each twenty-four (24) hour period. This record shall include the time and day work was performed at each intersection and a description of the work, equipment and manpower provided.

3. Activities Report : A monthly ac tivities report shall be submitted to the City Transportation Services Division by the fifteenth working day of each month in conjunction with the monthly billing statement. The report shall include a complete record of all work performed for City during the prior month. This compiled record shall include the location, day and time of each separate service, the reason for the service, whether routine, extraordinary or emergency, and the number of staff hours and equipment for each service. Copies of laboratory reports showing repairs to controller, detector, conflict monitor units, etc., shall be included in the activities report. The Contractor and the City Transportation Services staff shall meet to review the report at a mutually agreed upon time. Immediately prior to each meeting the Contractor shall deliver to City a copy of the “Activities Report.''

SECTION II. ROUTINE MAINTENANCE

The Contractor shall provide a program of continued comprehensive preventive maintenance (PM) to eliminate or reduce the incidence of malfunctions, promote public safety, reduce public complaints, and extend the longevity of equipment.

On a monthly basis, each signalized intersection, BBS unit, HAWK signal and flashing stop sign shall be inspected, based on the following maintenance program. City will compensate Contractor monthly at the unit bid prices defined in the Fee Proposal. Said price shall include all services rendered for labor, materials, equipment, overhead and profit. The program shall include, but not be limited to, the following:

a. Clean cabinet interior and exterior, remove dirt and foreign material. Replace or clean
cabinet filters and light bulbs. Ensure watertight seal exists on cabinet base and provide additional sealant as needed to maintain a moisture proof bond to protect the cabinet interior. Lubricate locks and hinges.

b. Maintain an accurate chronograph and set all controller, conflict monitor and BBS clocks to National Bureau of Standards real time and dates.

c. Check signal and pedestrian phase and interval timing and circuits for correct operations, including yellow and “flashing don't walk” intervals by chronograph or stopwatch.

d. Check voltage at main power supply. Verify tightness of connectors at power panel, 292
ground buss, loop and field terminal panels.

e. Check all detection equipment including cabinet detector amp units, individual field loops, pedestrian buttons, and bicycle push buttons. Check that the video detection and components are working and detecting vehicles and bicyclists properly.

f. Check operation of the signal conflict monitor every six months by shorting / conflicting the field output terminals for vehicle and pedestrian phases, or by City- approved method. Contractor shall submit detailed report of findings for each signal conflict monitor unit to City upon completion of tests.

g. Visually inspect all relays, power supplies, fuses, clocks, dials, switches, etc., and make routine adjustments or minor repairs as necessary.

h. Field inspect signal poles, traffic signal, pedestrian heads and Light Emitting Diode (LED) quality of brightness, signal pole mounted signs, pedestrian buttons, safety lights, illuminated street name signs, vehicle detectors, etc., and remove dirt and any foreign material.

i. Test each BBS unit by bypassing existing electrical service and power signal directly from BBS during each intersection PM. Verify battery condition and voltage continuity.

j. Maintain monthly log of BBS test results and City shall be notified of any deficiencies affecting BBS unit performance.

k. Contractor shall perform a monthly maintenance inspection of each flashing traffic control system (flashing stop signs)in the City based on the following:

• If applicable, clean cabinet inside and outside and remove any foreign material. • If applicable, check power supply voltage, solar equipment, and replace any batteries as necessary.
• If applicable, clean and wipe down solar panels to ensure continuous power is generated.
•
If applicable, check settings for on/off timing, flashing rate, flashing duration, and time of day.
• If applicable, maintain all digital time clocks to National Bureau of standards time. • If applicable, observe each pole, bead, traffic control sign, etc., and remove foreign material.
• If applicable, check push button condition and replace push button if necessary.

l. Contractor shall perform a monthly maintenance inspection of each pedestrian hybrid beacon (HAWK signal) system in the City based on the same methods used for signalized intersections.

m. Immediately correct all safety deficiencies found during inspection and schedule non- emergency work, which shall be completed within 14 calendar days.

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n. In carrying out the above described tasks, Contractor shall immediately notify the City of any conditions that constitutes a public hazard or may affect efficient signal timing or coordination. The Contractor shall repair or replace parts and lamps, and keep all traffic systems hardware in good working condition.

o. City traffic signals, flashers and City-owned streetlights shall be inspected by the Contractor once per month at night (night -ride). A list of all burned- out or malfunctioning signals, illuminated street name signs, flashers and street lighting shall be submitted to the City directly following the monthly night patrol. Upon City receipt and approval of listed repair work, repairs shall be performed within 5 business days.

SECTION III. EXTRAORDINARY MAINTENANCE

Extraordinary maintenance includes work tasks to repair/replace defective or obsolete equipment and perform modification work not directly covered by routine maintenance. Work shall be performed at the direct request of City unless emergency or public sa fety conditions require a direct response. Should emergency or public safety conditions exist, Contractor shall undertake immediate repairs. Extraordinary maintenance includes the following:

• Failure or malfunction of the signal system if caused by vehicle collision, vandalism, civil disorder, windstorm, natural disasters, power outage, street construction, or excavation. • Maintenance of safety lighting at signalized intersections. • Maintenance of internally illuminated street name signs and bulbs at signalized intersections.
• Upgrades or installations as directed by the City.
• Replace damaged loop detectors including sawcut and lead-in conduit. • Replacement of Walk/Don't Walk pedestrian indications wi th modular, countdown LED type per ITE specifications.
• Repainting of signal heads, backplates, visors, frameworks, pedestrian push button housing and signs, electric meter service cabinets, and controller cabinets as directed by the City. Controller cabinets shall be painted with a white vinyl finish coat and pretreatment vinyl wash primer with anti-graffiti coating.
• Maintenance of City-owned streetlights as directed by the City. • Maintenance of City -owned electronic radar speed feedback sig ns, rectangular rapid flashing beacons (RRFB’s), flashing beacons, flas hing crosswalk s, and associated equipment as directed by the City.
• Maintenance of City -owned CCTV, GPS EVP, signal interconnect (SIC), single -mode fiber-optic (SMFO) cable, and associated communication and ITS equipment and infrastructure as directed by the City.

Notification: The Contractor shall contact the Transportation Services Manager or representative regarding any extraordinary maintenance work and seek prior approval before the work is scheduled. The Contractor shall notify Transportation Services by telephone at least four (4) hours in advance before any work is commenced, except in emergencies where injury or property damage may result without prompt response. No permanent or temporary change of control mechanisms shall be performed without prior approval of the City. When equipment is removed from the controller cabinet, the City shall be notified by phone within 24 hours or the next working day. 294

Emergencies: The Contractor shall respond immediately to emergency cal ls such as a total blackout, when directed by the City, and dispatch the qualified personnel and equipment to reach the site within thirty (30) minutes under normal circumstances. The replacement of burned -out signal lamps, internally illuminated street na me sign lamps, or safety lights need not be on an emergency basis provided at least two signal indications operate for each direction of travel, or two intersection safety lights remain functional. Replacement of these items shall be in a routine manner within 5 days. For the emergency repair of a signal, which is totally blacked out, the following procedure of traffic control shall apply:

1. The Contractor shall dispatch qualified personnel and equipment to reach the site within thirty (30) minutes under n ormal circumstances. The Contractor's vehicles shall carry traffic cones, flashing arrow boards, traffic warning and stop signs, etc., which shall be used when directing traffic during an emergency and/or when deemed necessary by the signal technician, the Transportation Services Manager or representative. The Contractor shall conform to Caltrans and CA MUTCD Standards for all emergency and routine work.

2. If no police officer is present and temporary stop signs have been set up when the Contractor arrives at the site, the Contractor shall set up more traffic warning and control devices, as deemed necessary, and proceed to repair the signal. After the signal is back to normal operation, the Contractor shall remove all of the temporary traffic control devices and promptly return devices owned by City to the City Yard.

3. If a police officer is at the site when the Contractor arrives, the Contractor shall quickly examine the signal, evaluate the situation and discuss it with the police officer. If the repair will take only a few minutes, the police officer may stay to continue to direct traffic while the Contractor repairs the signal. If the repair will take longer than the officer can wait, the Contractor shall immediately set up temporary stop signs and all other necessary warning devices and relieve the police officer.

SECTION IV. HARDWARE MAINTENANCE AND OPERATIONS

Contractor shall repair, replace or otherwise render in good working order any and all defective parts of the traffic control equipment with like make and model parts as the need arises and as directed by the City. Controller mechanisms, auxiliary equipment and appurtenances such as detectors, MMU conflict monitors, BBS and related items shall be serviced and overhauled as recommended by the manufacturer.

Overhaul shall include cleaning, lubrication, testing, timing checks, necessary adjustments replacement of non-functioning or degraded lamps, LED lights and other hardware. All equipment shall be maintained as recommended by the manufacturer. Certifications, warranties and product types for new hardware shall be furnished to the City.

A. REPAIR AND REPLACEMENT

The Contractor shall replace or repair any and all defective parts, which cause failure or malfunction, as the occasion arises, including signal controller and components, detector amplifiers, pedestrian timers, bicycle logic components, pedestrian and bicycle push buttons, relays, timing clocks, master controllers, coordination units, synchronizer and signal interconnect, flasher s, burnouts, detector loops, video 295
detection cameras, sensing units, safety lights, illuminated street name signs and lights, wiring system, etc. Malfunctioning components affecting signal operations shall be repaired or replaced immediately. Non -essential non-safety related equipment shall be replaced within 14 days. Repair costs shall conform to prices defined in the “Fee Proposal.”

Contractor agrees to notify City Transportation Services at least forty-eight (48) hours in
advance of any traffic signal turn -offs or turn- ons necessitated by Contractor's operations. Contractor shall not make said turn-offs or turn-ons until a police officer is present, unless permission to proceed without police control is granted by the City.

B. LAMPS AND LIGHTING

The Contractor shall furnish and replace all signal lamps at all traffic signals and flashers based upon an 80% depletion curve. Incandescent lamps shall be replaced with GE VLA “incandescent look” LED brand lamps or City approved equal, meeting Caltrans Testing Lab, ITE, ETL certifications immediately as they occur. The Contractor shall temporarily retain all existing low or nonfunctional LED lenses under warranty for replacement and dispose them after warranty replacement is completed. Any lens obstructed by dirt or debris shall be cleaned immediately. In -pavement flashers shall be inspected with each monthly PM and replaced per manufacturer installation specifications as extraordinary work.

C. LOOP DETECTOR REPLACEMENT

All loop installation work shall conform to Caltrans Standard Plans and Specifications. The Contractor shall clean and fill deteriorated loop detector sawcuts with City approved epoxy. When determined by the City and the Contractor that the sawcut or detector loop cable (DLC) has deteriorated to a point that epoxy application is insufficient, the detector shall be replaced at the price stated in the contract. Loop wire shall be Type 2, Detector lead-in cable shall be Type B. Front loops shall be located 1' behind crosswalk line or limit line, and shall be Type 'F'. All loop installations shall commence with prior City approval.

D. PEDESTRIAN SIGNALS

The Contractor shall replace Walkman/Hand pedestrian signal lamps as they become dim or inoperative with “GE GTX” LED Countdown Pedestrian Signals or City approved equal meeting Caltrans Testing Lab ITE, and EIL certifications. Certifications, warranties and product specifications shall be furnished to the City. Pedestrian signals shall be routinely inspected and replaced as necessary. Existing housings should be reused where feasible and repainted.

E. AIR FILTERS

The Contractor shall replace the air filter elements in all cabinets a minimum of every six (6) months, or more frequently as needed. Air filters in all cabinets shall be initially replaced within four (2) months of this contract.

F. SCHOOL WARNING FLASHING BEACONS, FLASHING CROSSWALKS AND

ELECTRONIC RADAR SPEED FEEDBACK SIGNS

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The Contractor shall perform maintenance inspection or repair of school warning flashing beacons, HAWK signals, flashing crosswalks, and electronic radar feedback signs as directed by the City Maintenance. Inspection shall be based on the following:

1. Clean cabinet inside and outside and remove any foreign material.

2. Check power supply voltage, solar equipment, and replace any batteries as necessary.

3. Check settings for on/off timing, flashing rate, flashing duration, and time of day.

4. Maintain all digital time clocks to National Bureau of standards time.

5. Observe each pole, head, traffic control sign, etc., and remove foreign material.

6. Special attention shall be given to update Holiday, Daylight Savings Time, and shut- down periods.

7. Replace damaged or malfunctioning lamps, LED indications, in-road warning lights (IRWL), detection bollards, and pressure pads meeting manufacturer’s specifications with prior City approval.

G. BATTERY SUPPORT SYSTEMS

The Contractor shall perform a monthly test on each traffic signal BBS and battery - powered flasher during routine maintenance work in accordance with the manufacturer's testing procedures. The Contractor shall notify the City of non- operable or low output batteries. Replacement batteries shall meet Caltrans Laboratory Standards or City- approved equivalent. The Contractor shall submit the battery brand and type to City for review and approval, prior to purchase of new batteries.

H. CCTV, COMMUNICATION, AND ITS EQUIPMENT

The Contractor shall perform maintenance and repair of CCTV, communication, and ITS equipment as directed by the City. Work shall include, and not be limited to, maintenance and repair of signal interconnect, single -mode fiber optic cable, conduit runs, splice kits and cabinets, CCTV camera assemblies, PTZ mot or writs, video/data transceivers, ethernet switches, terminal servers, and distribution units. All work, materials, and equipment shall conform to latest Caltrans Standard Plans, Specifications, and Federal Communication Commission (FCC) specifications. P ersonnel performing work shall be certified and properly equipped to fully address maintenance and repair as directed by the City.

I. DAMAGED EQUIPMENT

The Contractor shall notify the City of the type and condition of all damaged equipment, and shall remove all damaged equipment to Contractor's premises as directed by the City.

Upon approval by the City, the Contractor shall deliver select reusable equipment to the Costa Mesa Corporation Yard located at 2310 Placentia Avenue, Costa Mesa CA 92627.

J. NEW INSTALLATIONS

The Contractor shall include routine maintenance of new traffic devices upon installation consistent with unit fee identified in the Fee Proposal. In the event that notification is made of a new installation other than at the beginning of a monthly pe riod, the unit cost will be prorated from the day the Contractor is notified.

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K. WARRANTY SERVICE

During the period of warranty for new Contractor furnished equipment, the Contractor shall be responsible for covering hardware warrantees and coordinating warranty service repair work. Contractor shall notify the City of any warranty repair delays and details of each incident.

L. TRAFFIC CONTROL

The Contractor shall provide safe and continuous passage for pedestrian and vehicular traffic at all times. All warning lights, signs, flares, barricades, delineators, detours and other facilities for the sole convenience and direction of public traffic shall be furnished and maintained in a neat and clean manner by the Contractor. All traffic control shall conform to, and be placed in accordance with, the current Caltrans Traffic Manual, the CA MUTCD, and the latest updated version of the “Work Area Traffic Control Handbook.”(WATCH).

During working hours, a minimum of one 10-foot wide travel lane in each direction, and all existing left-tum pockets whenever feasible shall be maintained. No lane closures on arterial highways will be permitted between the hours of 7:00AM to 8:30AM and between 3:30PM to 6:00PM, unless an emergency situation exists and such a closure is necessary to safeguard the public. Separation between travel lanes, channelization and delineation of the maintenance area shall be accomplished by the use of delineators and/or cones placed in conformance with Standards.

Each vehicle used to place and remove components of a traffic control system on multi- lane highways shall be equipped with a flashing arrow board, which shall be in operation when the vehicle is being used for placing, maintaining or removing said components. The flashing arrow boards shall be in place before implementing lane closure(s). Upon completion of maintenance, all traffic control signs, barricades, delineators, etc., shall be immediately removed and site returned to original condition. 298

EXHIBIT B

CONTRACTOR’S PROPOSAL

299
S

f

Helping Our Communities Become Vibrant,
Growing & Green

Proposed to:

City of Costa Mesa
Attn: Stephanie Urueta
Finance Department
77 Fair Drive, 1st Floor
Costa Mesa, CA 92626
City of Costa Mesa
Proposal for: Traffic Signal Maintenance Services (RFP 22-11/C03983) 300
Table of Contents
COVER LETTER ---------------------------------------------------------------------------------------------------------------------------------------------- 1 BACKGROUND AND PROJECT SUMMARY SECTION ------------------------------------------------------------------------------------- 2 OUR PAST ---------------------------------------------------------------------------------------------------------------------------------------------------- 2 PROJECT SUMMARY ----------------------------------------------------------------------------------------------------------------------------------------- 3 METHOD OF APPROACH ------------------------------------------------------------------------------------------------------------------------------ 4 OUR UNDERSTANDING ------------------------------------------------------------------------------------------------------------------------------------- 4 OUR APPROACH / RESPONSE TIMES--------------------------------------------------------------------------------------------------------------------- 4 SCOPE OF WORK -------------------------------------------------------------------------------------------------------------------------------------------- 5 PROPOSED SCHEDULE -------------------------------------------------------------------------------------------------------------------------------------- 9 WHAT SETS YUNEX TRAFFIC APART --------------------------------------------------------------------------------------------------------------------10 Material Inventory ----------------------------------------------------------------------------------------------------------------------------------10 USA Dig Alert -----------------------------------------------------------------------------------------------------------------------------------------10 Employee Activity Tracking ---------------------------------------------------------------------------------------------------------------------11 Safety Training ---------------------------------------------------------------------------------------------------------------------------------------11 Information Technology -------------------------------------------------------------------------------------------------------------------------12 Service Business Platform @ITS ---------------------------------------------------------------------------------------------------------------12 Customer Portal -------------------------------------------------------------------------------------------------------------------------------------12 QUALIFICATIONS & EXPERIENCE OF YUNEX LLC -----------------------------------------------------------------------------------------13 CONTRACTOR’S LICENSE / PUBLIC WORKS CONTRACTOR REGISTRATION -----------------------------------------------------------------------13 PRIMARY FACILITIES AND STAFF SUPPORTING THE CITY OF COSTA MESA: ----------------------------------------------------------------------14 KEY CONTACT -----------------------------------------------------------------------------------------------------------------------------------------------14 REFERENCES -------------------------------------------------------------------------------------------------------------------------------------------------15 KEY PERSONNEL ------------------------------------------------------------------------------------------------------------------------------------------17 CONTRACT MANAGEMENT TEAM -----------------------------------------------------------------------------------------------------------------------17 FIELD MAINTENANCE TEAM ------------------------------------------------------------------------------------------------------------------------------18 Primary Technician ---------------------------------------------------------------------------------------------------------------------------------18 Backup Technician ----------------------------------------------------------------------------------------------------------------------------------18 IMSA Certifications ---------------------------------------------------------------------------------------------------------------------------------19 Additional Staffing ---------------------------------------------------------------------------------------------------------------------------------19 SUBCONTRACTORS -----------------------------------------------------------------------------------------------------------------------------------------19 FINANCIAL CAPACITY ----------------------------------------------------------------------------------------------------------------------------------20 COST PROPOSAL -----------------------------------------------------------------------------------------------------------------------------------------20 DISCLOSURES ----------------------------------------------------------------------------------------------------------------------------------------------20 SAMPLE MAINTENANCE SERVICES AGREEMENT -----------------------------------------------------------------------------------------20 REQUIRED FORMS – (DOES NOT COUNT TOWARDS PAGE COUNT) ------------------------------------------------------------21 APPENDIX C – FORMS -------------------------------------------------------------------------------------------------------------------------------------21 DELEGATION OF APPROVAL AUTHORITY ---------------------------------------------------------------------------------------------------------------31 301
Decembe r 15th, 2021
Stephanie Urueta
Finance Department
City of Costa Mesa
77 Fair Drive, 1st Floor
Costa Mesa, CA 92626
'/ U N X

TRAFFIC
A Siemens Business
RE: Proposal for: Traffic Signal M aintenance Services (RFP 22-11 / C03983 ) Ms. Urueta,
Yunex LLC (a Siemens Business) would like to express ou r sincere appreciation for the opportunity to participate in the proposal process for providing Traffic Signal Maintenance and Repair Services fo r the City's traff ic signal system. The prices and terms stated in our proposal package will remain in effect for 180-days from the date of submission, December 15th, 2021.

Yunex LLC is a corporation, incorporated in the State of Delaware on February 17th, 2021. Yunex LLC is a wholly owned subsidiary of Siemens Mobility, Inc. Our federal tax employer I.D. number is 86-2136678 and our corporate address is 9225 Bee Cave Road, Building B, Austin, TX 78733.

Yunex LLC is an electrical contracting firm who is a California licensed A & C-10 contractor (CA License #1080007) and is also a registered Public Works Contractor (DIR No. 1000815000), who provides leading edge traffic technology for the fast-paced Intelligent Transportation Systems world . Whether providing maintenance services, local controllers, controller firmware, central systems, system analysis, design, or integration, Yunex LLC brings innovative and reliable solutions to customers .

Yunex LLC's local office is located at: 1026 E. Lacy Ave., Anaheim, CA 92805, which is located just 15 miles from the Costa Mesa City Hall, near Disneyland . All account management and field staff assigned to this contract will be based out of this office. Contact information: (714) 456-9902 (office)/ (714) 456-9905 (fax).

Yunex LLC (formerly Siemens Mobility, Inc.) has been successfully servicing this contract for the City of Costa Mesa since 03/01/2011 (over 10 years); therefore, we believe we are well-versed in the city's equipment, staff, operations, and expectations.

During the evaluation, if there are any questions regarding this proposal, please feel free to contact either of us using the contact information listed below. We look forward to continuing to serve the needs of the City of Costa Mesa and would like to thank you in advance for your consideration .

Respectfully,
Yunex LLC
~ -
Director of Service
1026 E. Lacy Ave.

Anaheim, CA 92805
(714) 456-9902 Office
(714) 456-9905 Fax
steven. tea [email protected]
Yunex LLC
Mi
Operations Manager
1026 E. Lacy Ave.

Anaheim, CA 92805
(714) 456-9902 Office
(714) 456-9905 Fax
michael.hutchens@siemens .com
302

City of Costa Mesa
Proposal for: Traffic Signal Maintenance Services (RFP 22-11/C03983) Page 2 of 35 Background and Project Summary Section
Our Past
Founded by Werner Von Siemens (pictured right) in 1847, Yunex Traffic (a Siemens Business) has become a global powerhouse in electronics and electrical engineering, operating in the industry, energy, and healthcare sectors. Siemens AG (Berlin and Munich) entered the traffic industry market in 1924 with the implementation of the first signal system with red, yellow, and green in Berlin, Germany. Innovation continued when Siemens introduced the first centrally controlled light signal system in 1926 and a tra dition of developing ground -breaking technology in the traffic industry began. With its many years of presence in the world markets, Yunex Traffic possesses extensive international know-how and proven technical platforms in the areas of traffic management and guidance.

Yunex Traffic entered the US transportation market in 1995 through the acquisition of two industry leaders in the United States: Eagle Traffic Control Products and Gardner Transportation Systems. In 2010 Siemens acquired Republic ITS, a U.S. leader in traffic signal and streetlight maintenance services to enhance its presence in the intelligent traffic solutions (ITS) market in the USA. With these business acquisitions, along with our extensive dealer network, Yunex Traffic can solve traffic problems throughout the country and around the world.

Our Present
Yunex Traffic currently services over 14,000 traffic signalized intersections and 560,000 streetlights under long-term maintenance agreements nationwide. We are dedicated to meeting and exceeding the challenging public safety requirements associated with our industry. Yunex Traffic has been in the traffic signal maintenance industry worldwide for over 50 years. Locally, Yunex Traffic (formerly Siemens Mobility, Inc., Republic ITS, & S ignal Maintenance, Inc.) has been in business for over 40 years servicing numerous contracts throughout the state of California. Currently, in California alone Yunex Traffic maintains intersections for over 115 agencies encompassing over 4,000 locations of various sizes from full function intersections to in-pavement flashing crosswalks and rapid flashing beacons.

Our Future
At Yunex Traffic we are always looking to the future and for our ITS division, the future is bright. With infrastructure improvement being the focus for many municipal governments these days, it is imperative that Yunex Traffic stays on the cutting edge of technology to remain relevant. Whether the agency is looking for connected vehicle, smart street lighting solutions, service/ support contracting, ITS software and controllers or complete infrastructure management, Yunex Traffic is constantly evolving the industry.

We look to the future with the foresight that can only be gained through 174 years of experience and more importantly, we aim to shape it.
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City of Costa Mesa
Proposal for: Traffic Signal Maintenance Services (RFP 22-11/C03983) Page 3 of 35 Project Summary
Yunex Traffic is uniquely qualified to achieve the goals and targets that have been established by the City of Costa Mesa in this RFP. Our core business is traffic signal and streetlight maintenance and repair services. We have a long history of providing exceptional tr affic solutions and services for municipal agencies throughout the United States.

Our experience:

As the leader in the private traffic signal and streetlight maintenance industry in the United States, Yunex Traffic can provide unparalleled expertise and outstanding value in traffic signal and street lighting related services. Among the most beneficial:
 Yunex Traffic has been successfully servicing this contract for the City of Costa Mesa since 03/01/2011 (over 10 years); therefore, we believe we are well-versed in the city’s equipment, staff, operations, and expectations
 Yunex Traffic has the largest workforce of IMSA Level III Certified Technicians, NEC Certified Electricians, and construction personnel in the industry. All technicians are assigned vehicles which are taken home daily to ensure rapid response in case of emergency. Yunex Traffic employees live in geographical areas, which allow them to respond quicker than our competition. This provides our customers with the most efficient response times in the industry.  Yunex Traffic has strategically positioned field offices with an abundance of inventory and technical resources, should the need arise.
 Yunex Traffic owns and operates approximately 100 service vehicles of various types and sizes in the State of California, the bulk of which are in Southern California. Yunex Traffic currently has 3 cranes in Southern California, which are stationed for quicker response times.  Yunex Traffic will provide and maintain emergency service response on a three hundred and sixty-five (365) day basis, including all holidays.

In conclusion, Yunex Traffic is focused on delivering what your city needs the most today; safe, reliable infrastructure solutions that help decrease costs, increase revenue, and have a positive environmental impact for the city of Costa Mesa and its residents. Whether you choose to commute by foot, bike, car, bus, or light rail, Yunex Traffic management solutions can help you arrive safely, more efficiently and with less impact on the environment.

Yunex Traffic continues to successfully execute long-term service agreements in over 200 communities nationwide, which include maintenance programs for:
• 14,000 Signalized Intersections
• 560,000 Streetlights
In California, Yunex Traffic m aintains traffic signals and street lighting for 115 communities, encompassing:
• 4,000 Signalized Intersections
• 100,000 Streetlights
304

City of Costa Mesa
Proposal for: Traffic Signal Maintenance Services (RFP 22-11/C03983) Page 4 of 35 Method of Approach
Our Understanding
It is always the goal of Yunex Traffic is to hone our service around a customer’s needs. We understand that throughout the term of a contract of this type, those needs may change.

We approach all our contracts with the same simple vision; build a partnership with the City’s staff and work towards achieving common goals set forth through that partnership.

We realize that this is an ever-evolving process and that is why we believe that the only successful route is through
establishing these common goals. This methodology and a commitment to service will be applied to every aspect of our services for the City of Costa Mesa.

We understand that the general scope of the work to be done consists of maintaining the c ity’s traffic signal system, which consists of Ro utine Maintenance, Extraordinary Maintenance, and Emergency Repair Services. Yunex Traffic will have
available and readily accessible qualified personnel, all required tools, equipment, apparatus, facilities, and material and will perform all work necessar y to maintain in good workmanlike manner, all city owned traffic signals, as outlined in the Scope of Work and in compliance with current City and State
Standards.

Our Approach / Response Times
To be able to respond immediately to emergency calls, Yunex Traffic’s field technicians are authorized to take their work vehicles home daily. All work vehicles are stocked with the proper field equipment so he/she may sufficiently address most problems they encounter while responding.

Emergency response call outs and unscheduled/non-emergency repairs are initiated by calling our toll - free emergency phone number 1-800-229-6090 (live dispatcher 24 hours a day, 7 days a week), report the traffic signal location, the problem, and leave your call back information. Our dispatcher will create a work order in our visual planning board. Once the work order is released by our dispatcher it will immediately transfer to our technicians’ queue on their Android or Apple device. As part of our quality control practice, our dispatcher will follow up with a phone call to our technician to confirm that he/she is in receipt of the call out/work order. The technician will arrive at the location within the contracted response time to assess and correct the reported problem. Once the problem is corrected, the technician will inform the Customer of the repair actions.

Throughout the term of this agreement, Yunex Traffic will provide and maintain emergency service response on a twenty-four (24) hour, three-hundred and sixty-five (365) day basis, including all holidays.

All personnel for Yunex Traffic that may be dispatched will have continuous communication access through cellular phone. The response time for emergency calls will not exceed thirty minutes (30 ) minutes as noted in the RFP . In cases of major malfunction or damage, Yunex Traffic will contact the Public Works Department to receive further direction.
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City of Costa Mesa
Proposal for: Traffic Signal Maintenance Services (RFP 22-11/C03983) Page 5 of 35 Scope of Work

THIS SCOPE OF WORK defines terms of a five (5) year contract for maintenance of traff ic signals, safety lighting, closed circuit television cameras (CCTV), flashing crosswalks, radar speed signs, flashing beacons, battery backup systems (BBS), field communications equipment, and associated traffic safety devices under the City of Costa Mesa jurisdiction, herein after referred to as "CITY".

Services provided will be as follows:

SECTION I. GENERAL
A. QUALIFICATIONS
Yunex LLC here in after referred to as "Company" will have available and readily accessible all required tools, materials, equipment, apparatus, facilities, and skilled labor services to perform all work necessary to maintain the various traffic facilities in a good workmanlike manner.

All work, materials and equipment will conform to current Caltrans Standard Plans and Specifications, the California Manual of Uniform Traffic Control Devices (CA MUTCD), the International Municipal Signal Association (IMSA), and CITY Standards.

Yunex LLC will provide at least one full-time signal maintenance technician certified as a Level II Traffic Signal Technician by IMSA with bucket truck for CITY traffic maintenance purposes. Yunex LLC will available adequate skilled personnel and proper lab testing facilities to perform inspection and repair of signal cabinets, controller assemblies, auxiliary equipment, and traffic control appurtenances.

Yunex LLC will always have on hand at least three of each of the following spare equipment:
• Econolite Cobalt controllers.
• NEMA conflict monitors with LED display, as needed for replacement. • Etherwan ethernet switch, model EX78802-0VBT

Yunex LLC will maintain a single local telephone number where we can be directly reached daily on a twenty-four (24) hour basis for emergency service for response to damage, malfunctions, or to correct conditions that may create a public hazard. Response service to specified location will be within thirty (30) minutes to correct malfunction, damage, or risk to public safety. Yunex LLC’s telephone number will be made available to all persons designated by CITY.

B. RECORDS

1. Intersection Records: Yunex LLC will maintain at each intersection a permanent service record documenting all ongoing work, operations and hardware malfunctions, repair, and configuration work. The record will log both monthly preventive maintenance and all extraordinary maintenance work and specify the date and nature of all repairs to the controller assembly and field hardware.

Serial numbers of controller units will be logged when laboratory maintenance is required. The intersection maintenance record will be in a format acceptable to the CITY and retained by Yunex LLC for a seven-year period. Separate signal timing and hardware documents will additionally be retained in each cabinet, including a cabinet wiring diagram, signal phase and pedestrian timings, detectors, interconnect equipment, preempt control, etc.

2. Office Records: Yunex LLC will maintain a complete record of all laboratory repairs to controllers and hardware showing all parts or components replaced with serial numbers. Each service truck will keep a daily record covering time chargeable for each twenty-four (24) hour period. This record will include the time and day work was performed at each intersection and a description of the work, equipment and manpower provided.
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City of Costa Mesa
Proposal for: Traffic Signal Maintenance Services (RFP 22-11/C03983) Page 6 of 35

3. Activities Report: A monthly activities report will be submitted to the City Transportation Services Division by the fifteenth working day of each month in conjunction with the monthly billing statement. The report will include a complete record of all work performed for CITY during the prior month. This compiled record will include the location, day and time of each separate service, the reason for the service, whether routine, extraordinary or emergency, and the number of staff hours and equipment for each service. Copies of laboratory reports showing repairs to controller, detector, conflict monitor units, etc., will be included in the activities report. Yunex LLC and the City Transportation Ser vices staff will meet to review the report at a mutually agreed upon lime.

Immediately prior to each meeting Yunex LLC will deliver to CITY a copy of the "Activities Report."

SECTION II. ROUTINE MAINTENANCE
Yunex LLC will provide a program of continued comprehensive preventive maintenance (PM) to eliminate or reduce the incidence of malfunctions, promote public safety, reduce public complaints, and extend the longevity of equipment.

On a monthly basis, each signalized intersection, BBS unit, H AWK signal and flashing stop sign will be inspected, based on the following maintenance program. CITY will compensate Yunex LLC monthly at the unit bid prices defined in the Fee Proposal. Said price will include all services rendered for labor, materials, equipment, overhead and profit. The program will include, but not be limited to, the following:
a) Clean cabinet interior and exterior, remove dirt and foreign material. Replace or clean cabinet filters and light bulbs. Ensure watertight seal exists on cabinet base and provide additional sealant as needed to maintain a moisture proof bond to protect the cabinet interior. Lubricate locks and hinges. b) Maintain an accurate chronograph and set all controller, conflict monitor and BBS clocks to National Bureau of Standards real time and dates.
c) Check signal and pedestrian phase and interval timing and circuits for correct operations, including yellow and "flashing don't walk" intervals by chronograph or stopwatch. d) Check voltage at main power supply. Verify tightness of connectors at power panel, ground buss, loop, and field terminal panels.
e) Check all detection equipment including cabinet detector amp units, individual field loops, pedestrian buttons, and bicycle push buttons. Check that the video detection and components are working and detecting vehicles and bicyclists properly. f) Check operation of the signal conflict monitor every six months by shorting / conflicting the field output terminals for vehicle and pedestrian phases, or by City approved method. Yunex LLC will submit detailed report of findings for each signal conflict monitor unit to City upon completion of tests. g) Visually inspect all relays, power supplies, fuses, clocks, dials, switches, etc., and make routine adjustments or minor repairs as necessary.
h) Field inspect signal poles, traffic signal, pedestrian heads, and Light Emitting Diode (LED) quality of brightness, signal pole mounted signs, pedestrian buttons, safety lights, illuminated street name signs, vehicle detectors, etc., and remove dirt and any foreign material. i) Test each BBS unit by bypassing existing electrical service and power signal directly from BBS during each intersection PM. Verify battery condition and voltage continuity. j) Maintain monthly log of BBS test results and City will be notified of any deficiencies affecting BBS unit performance.
k) Yunex LLC will perform a monthly maintenance inspection of each flashing traffic control system (flashing stop signs) in the city based on the following:
• If applicable, clean cabinet inside and outside and remove any foreign material. 307

City of Costa Mesa
Proposal for: Traffic Signal Maintenance Services (RFP 22-11/C03983) Page 7 of 35 • If applicable, check power supply voltage, solar equipment, and replace any batteries as necessary.
• If applicable, clean and wipe down solar panels to ensure continuous power is generated. • If applicable, check settings for on/off timing, flashing rate, flashing duration, and time of day.
• If applicable, maintain all digital time clocks to National Bureau of standards time. • If applicable, observe each pole, bead, traffic control sign, etc., and remove foreign material.
• If applicable, check push button condition and replace push button if necessary. l) Yunex LLC will perform a monthly maintenance inspection of each pedestrian hybrid beacon (HAWK signal) system in the city based on the same methods used for signalized intersections. m) Immediately correct all safety deficiencies found during inspection and schedule nonemergency work, which will be completed within 14 calendar days.
n) In carrying out the above- described tasks, Yunex LLC will immediately notify the CITY of any conditions that constitutes a public hazard or may affect efficient signal timing or coordination. Yunex LLC will repair or replace parts and lamps and keep all traffic systems hardware in good working condition.
o) CITY traffic signals, flashers and CITY-owned streetlights will be inspected by Yunex LLC once per month at night (night- ride). A list of all burned- out or malfunctioning signals, illuminated street name signs, flashers and street lighting will be submitted to the CITY directly following the monthly night patrol. Upon City receipt and approval of listed repair work, repairs will be performed within 5 business days.

SECTION Ill. EXTRAORDINARY MAINTENANCE
Extraordinary maintenance includes work tasks to repair/replace defective or obsolete equipment and perform modification work not directly covered by routine maintenance. Work will be performed at the direct request of CITY unless emergency or public safety conditions require a dir ect response. Should emergency or public safety conditions exist, Yunex LLC will undertake immediate repairs. Extraordinary maintenance includes the following:
• Failure or malfunction of the signal system if caused by vehicle collision, vandalism, civil disorder, windstorm, natural disasters, power outage, street construction, or excavation. • Maintenance of safety lighting at signalized intersections. • Maintenance of internally illuminated street name signs and bulbs at signalized intersections. • Upgrades or installations as directed by the CITY.
• Replace damaged loop detectors including sawcut and lead-in conduit. • Replacement of Walk/Don't Walk pedestrian indications with modular, countdown LED type per ITE specifications.
• Repainting of signal heads, backplates, visors, frameworks, pedestrian push button housing and signs, electric meter service cabinets, and controller cabinets as directed by the CITY. Controller cabinets will be painted with a white vinyl finish coat and pretreatment vinyl wash primer with anti- graffiti coating.
• Maintenance of City-owned streetlights as directed by the CITY. • Maintenance of City -owned electronic radar speed feedback signs, rectangular rapid flashing beacons (RRFB's), flashing beacons, flashing crosswalks, and associated equipment as directed by the city.
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City of Costa Mesa
Proposal for: Traffic Signal Maintenance Services (RFP 22-11/C03983) Page 8 of 35 • Maintenance of City -owned CCTV, GPS EVP, signal interconnect (SIC), single- mode fiber-optic (SMFO) cable, and associated communication and ITS equipment and infrastructure as directed by the city.

Notification: Yunex LLC will contact the Transportation Services Manager or representative regarding any extraordinary maintenance work and seek prior approval before the work is scheduled. Yunex LLC will notify Transportation Services by telephone at least four (4) hours in advance before any work is commenced, except in emergencies where injury or property damage may result without prompt response. No permanent or temporary change of control mechanisms will be performed without prior approval of the CITY. When equipment is removed from the controller cabinet, the CITY will be notified by phone within 24 hours or the next working day.

Emergencies: Yunex LLC will respond immediately to emergency calls such as a total blackout, when directed by the CITY, and dispatch the qualified personnel and equipment to reach the site within thirty (30) minutes under normal circumstances. The replacement of burned -out signal lamps, internally illuminated street name sign lamps, or safety lights need not be on an emergency basis provided at least two signal indications operate for each direction of travel, or two intersection safety lights remain functional. Replacement of these items will be in a routine manner within 5 days. For the emergency repair of a signal, which is totally blacked out, the following procedure of traffic control will apply:

1. Yunex LLC will dispatch qualified personnel and equipment to reach the site within thirty (30) minutes under normal circumstances. Yunex LLC’s vehicles will carry traffic cones, flashing arrow boards, traffic warning and stop signs, etc., which will be used when directing traffic during an emergency and/or when deemed necessary by the signal technician, the Transportation Services Manager or representative. Yunex LLC will conform to Caltrans and CA MUTCD Standards for all emergency and routine work.

2. If no police officer is present and temporary stop signs have been set up when Yunex LLC arrives at the site, Yunex LLC will set up more traffic warning and control devices, as deemed necessary, and proceed to repair the signal. After the signal is back to normal operation, Yunex LLC will remove all the temporary traffic control devices and promptly return devices owned by CITY to the CITY Yard.

3. If a police officer is at the site when Yunex LLC arrives, Yunex LLC will quickly examine the signal, evaluate the situation, and discuss it with the police officer. If the repair will take only a few minutes, the police officer may stay to continue to direct traffic while Yunex LLC repairs the signal.

If the repair will take longer than the officer can wait, Yunex LLC will immediately set up temporary stop signs and all other necessary warning devices and relieve the police officer.

Section IV. Hardware Maintenance and Operations
Yunex LLC will repair, replace, or otherwise render in good working order all defective parts of the traffic control equipment with like make and model parts as the need arises and as directed by the CITY.

Controller mechanisms, auxiliary equipment, and appurtenances su ch as detectors, MMU conflict monitors, BBS and related items will be serviced and overhauled as recommended by the manufacturer.

Overhaul will include cleaning, lubrication, testing, timing checks, necessary adjustments replacement of non-functioning or degraded lamps, LED lights and other hardware. All equipment will be maintained as recommended by the manufacturer. Certifications, warranties, and product types for new hardware will be furnished to the city.

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City of Costa Mesa
Proposal for: Traffic Signal Maintenance Services (RFP 22-11/C03983) Page 9 of 35 Proposed Schedule

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Proposal for: Traffic Signal Maintenance Services (RFP 22-11/C03983) Page 10 of 35 What Sets Yunex Traffic Apart
Though there are many reasons we feel that we are the best choice, listed on the following pages are just some of the highlights that we feel we make us the better prepared and more qualified service provider to continue to serve the needs of the City of Costa Mesa.

Communication and Teamwork
At Yunex Traffic, we are your partner . Our project management team as well as our field personnel will be in constant communication with City representatives, and we will follow all communication/notification requirements as set forth and agreed upon. Routine meetings will be key to ensure that everyone is on the same page, not only for system status but to make sure that we are on track with the city’s budget and that we are serving the citizens of the City of Costa Mesa to the highest level possible.

Yunex Traffic employees working for the city will always be equipped with any necessary communication devises to keep our city liaison(s) informed. Currently, all our staff is outfitted with an Android or Apple device that will enable them to send, and receive real-time information, as well as text, email, and phone capabilities.

Material Inventory
Yunex Traffic maintains an extensive inventory of new traffic signal equipment including traffic signal poles, c ontrollers, cabinets, signals, LED indications, luminaires, wiring, and most necessary ancillary devices. This extensive inventory combined with our vast experience and testing facilities enables Yunex Traffic to repair or replace damaged equipment expeditiously and professionally.

Yunex Traffic employees will be equipped with all spare parts necessary to place a traffic signal back in operation for all trouble calls. Yunex Traffic will notify the city that the equipment was removed and replaced with approved spare
equipment. Inventory levels are maintained to accommodate each individual c ustomer’s needs. Yunex Traffic continually monitors and modifies inventory levels as required by current maintenance and repair.

USA Dig Alert
Yunex Traffic has in-house underground utility locators that will respond to all Underground Service Alert (USA) requests/notices or at the request of city staff for the marking and protection of traffic signal underground facilities such as traffic signal and electrical conduits, interconnect facilities, loops, and other appurtenant equipment which may conflict with other right -of-way construction or repairs. Our technicians are equipped and certified with the proper locating devices provided by Metrotech.
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City of Costa Mesa
Proposal for: Traffic Signal Maintenance Services (RFP 22-11/C03983) Page 11 of 35 Employee Activity Tracking
Yunex Traffic utilizes an in -house application and
management system that enables our contract
management team to track individual employee
utilization and production. This system is directly
tied to our payroll system which ensures 100%
accuracy for hours paid to our e mployees and
charged to our customers for work performed. In
addition to our Customer Portal, you will receive a
detailed billing report with each invoice that lists
labor and equipment hours billed for each service
order.

Safety Training
Yunex Traffic administers a comprehensive company-wide safety program to ensure that safety on all job sites is the top priority. Our employees are required to read and understand “Safety Rules for the Outside Electrical Industry” by the National Electrical Contractors A ssociation (NECA). Yunex Traffic has a zero- tolerance policy on all safety violations. Yunex Traffic will provide copies of any safety history documentation upon request.

Yunex Traffic employees are given CPR and First Aid training to provide treatment in the event of an emergency. We believe it is critical that members of our field staff are properly trained and enabled to help both themselves and others in the event of an emergency.

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City of Costa Mesa
Proposal for: Traffic Signal Maintenance Services (RFP 22-11/C03983) Page 12 of 35 Information Technology
Service Business Platform @ITS
Yunex Traffic has rolled out a new
service tool called Service Business
Platform (SBP), which is a proprietary
management system designed to
effectively manage all service order
progress and remotely update our
ERP system (SAP) as work is
performed.

 SBP a llows us to monitor
many key performance items
such as time arrived onsite,
time of completion, materials
used, and vehicle/equipment
used.
 SBP keeps historical records
for every location which allows
the technicians an additional resource when troubleshooting.  When creating a new service request, the SBP will query the location history and will flag the order if it appears to be a repeated call out or duplicate order.  Technicians transmit response and routine maintenance items in real -time using IOS or Android devices.
 The contractual Scope of Work and all maintenance activities are also available for technicians to review to ensure all tasks are completed within the specified timeframe.

Customer Portal

The SBP Customer Portal gives our customers access to:
 Monitor real-time status of routine maintenance and service calls  Location history (sort/filter by date, location, call type, etc.)  Overall historical maintenance and repair data
 Real-time equipment inventories, maps, event reporting  Asset management (including digital photographs, GIS data, etc.)

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City of Costa Mesa
Proposal for: Traffic Signal Maintenance Services (RFP 22-11/C03983) Page 13 of 35 Qualifications & Experience of Yunex LLC
Contractor’s License / Public Works Contractor Registration Yunex Traffic is a corporation, incorporated in the State of Delaware on February 17th, 2021. Yunex Traffic has over 40 years of previous experience under Siemens Mobility, Inc., Republic ITS, and Signal Maintenance, Inc. Yunex Traffic is a wholly owned subsidiary of Siemens Mobility, Inc. Our federal tax employer I.D. number is 86- 2136678 and our corporate address is: 9225 Bee Cave Road, Building B, Austin, TX 78733. Corporate officer information has been included in the required forms “Appendix C ” under “Vendor Application Form”.

Yunex Traffic is an electrical contracting firm who is California licensed and bonded as an A & C -10 contractor (License #1080007 – expiration 08/31/2023). Our company specializes in construction and maintenance of traffic signals, streetlights, and associated equipment. Yunex Traffic’s national staff of 200+ employees include an array of professional engineers and technicians with International Brotherhood of Electrical Workers (IBEW), IMSA , and numerous industry manufacturer and systems certifications.

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City of Costa Mesa
Proposal for: Traffic Signal Maintenance Services (RFP 22-11/C03983) Page 14 of 35 Primary Facilities and Staff Supporting the City of Costa Mesa:

If re-selected, all contract management, coordination and field technicians will be based out of this office:

Yunex – Anaheim, CA Office (est. 2018)
Warehouse, Office, & Contract Administration
1026 E. Lacy Ave
Anaheim, CA 92805
Phone (714) 456-9902
Fax (714) 456-9905

Our Anaheim location is located just 15 miles from Costa Mesa City Hall near Disneyland. The warehouse at this location stocks over $500,000.00 in inventory including new controllers, cabinets, signals, LED indications, luminaires, wiring, and most necessary ancillary devices. Though most of our staff keeps plenty of equipment on their trucks, if the need arises, this location can be easily accessed around the clock 365 days a year as a source of additional inventory. We also have our Riverside location east of the city near the intersection of the 91 and 60 freeways, which houses another $600,000.00 in readily available equipment as an additional resource.

Other Local Yunex Facilities:

Yunex – Riverside, CA Office
Warehouse, Office, & Testing Facility
2250 Business Way
Riverside, CA 92501
Phone (951) 784-6600
Fax (951) 784-6700
Yunex - San Diego, CA Office
Warehouse, Office, & Contract Administration
1820 John Towers Ave., Suite A
El Cajon, CA 92020
Phone (619) 562-1104
Fax (619) 562-1125

Key Contact
During the evaluation, if the city should have any inquiries regarding this proposal, please feel free to contact:

Michael J. Hutchens
Operations Manager
2250 Business Way, Riverside, CA 92501
Office (951) 784-6600 / Fax (951) 784-6700
Email: [email protected]

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City of Costa Mesa
Proposal for: Traffic Signal Maintenance Services (RFP 22-11/C03983) Page 15 of 35 References
Yunex Traffic has been extremely successful in retaining traffic signal, streetlight, and engineering customers due to our desire to offer the best possible customer service. We have an exemplary customer service track-record highlighted by our well -qualified field personnel, knowledgeable customer service representatives, and proprietary detailed monthly reports. We understand what is required to maintain a community’s infrastructure and strive to exceed our customer’s expectations.

** **

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Proposal for: Traffic Signal Maintenance Services (RFP 22-11/C03983) Page 16 of 35

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City of Costa Mesa
Proposal for: Traffic Signal Maintenance Services (RFP 22-11/C03983) Page 17 of 35 Key Personnel
Contract Management Team
If re-selected, Josh Ferras will continue to be the Service Account Manager for the City of Costa Mesa.

Josh, his Service Coordinator, Jennifer Hall, and the Maintenance Field Supervisor, Fred Molina, will be responsible for maintaining communication with the city regarding daily operation and maintenance of all traffic signal equipment. Our account management team as well as our field staff will work closely with you and your team to ensure that all your requests are being effectively addressed.

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City of Costa Mesa
Proposal for: Traffic Signal Maintenance Services (RFP 22-11/C03983) Page 18 of 35 Field Maintenance Team
Yunex Traffic will assign a primary traffic signal technician to handle routine preventative maintenance for the city’s traffic signals. Your primary technician will also be responsible for responding to calls outside normal business hours. We will assign an additional traffic signal technician to provide back up support in the event your primary technicians are unavailable (i.e., vacation, sick days, jury duty, etc.).

Primary Technician

Backup Technician

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City of Costa Mesa
Proposal for: Traffic Signal Maintenance Services (RFP 22-11/C03983) Page 19 of 35 IMSA Certifications

IMSA re-certification classes are currently behind due to the COVID -19 Pandemic. Naim Yanie is in the process of renewing his certificate and is just waiting for in- person instruction classes to be available to schedule. Full size copies of certificates can be provided upon request (reduced size is to conform to page limitations of Proposal).

Key Staff Members Contact Information
Director of Service: Steven Teal ([email protected] / Cell: 714-497-5043) Operations Manager: Michael J. Hutchens ([email protected] / Cell: 714-448-6943) Service Account Manager: Joshua Ferras ([email protected] / Cell: 951-367-7023) Service Account Coordinator: Jennifer Hall ([email protected] / Cell: 619-820-1075) Maintenance Field Supervisor: Fred Molina ([email protected] / Cell: 714-273-0942) Primary Traffic Signal Technician: Naim Yanie ([email protected] / Cell: 714-306-8347) Backup Traffic Signal Technician: Minh Tran ([email protected] / Cell: 951-538-8681) Additional Staffing
Yunex Traffic has over 20 additional technicians (mostly IMSA III certified) located in Orange, Los Angeles, Riverside, San Bernardino, Ventura, and San Diego County areas. We also employ over 20 key construction personnel for major repairs. These include certified crane operators, dedicated utility locators for (USA) Dig Alert service, Corning certified fiber optic technicians, and our own in-house loop crew.

Subcontractors
All services as outlined in the RFP will be provided and performed by Yunex Traffic as the Prime Contractor. With that stated, we at Yunex Traffic do m aintain relationships with numerous specialty contractors throughout the industry to be able to respond to our customer’s needs as a complete one stop solution for all things traffic signal and street lighting related.

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City of Costa Mesa
Proposal for: Traffic Signal Maintenance Services (RFP 22-11/C03983) Page 20 of 35 Financial Capacity
Yunex LLC, a Delaware corporation is fully owned by Siemens Mobility, Inc., a 100% subsidiary of the Siemens AG corporate group, a multinational, multi-billion-dollar company listed on the New York Stock Exchange. As such, Siemens AG files consolidated financial reports with the US Securities & Exchange Commission. A copy of Siemens, A.G. most recent annual report can be found at www.siemens.com

through "Investor Relations". All required financial reports and filings are available at the SEC 's website http://sec.gov/edqar.shtml. Siemens Mobility, Inc. and its subsidiaries are not publicly traded companies and do not release separate annual financial statements.

Cost Proposal
As requested in the RFP, all costs will be entered into the provided “Cost Proposal” and submitted as a separate document on PlanetBids. Pricing will be valid for 180 days from date of submission.

Should there be a need for additional pricing, please feel free to contact us.

Disclosures
Current Business: Yunex LLC has been successfully servicing the Traffic Signal Maintenance Services contract for the City of Costa Mesa, since 2011.

Personal Relationships: To our knowledge, our staff doesn’t have any personal relationships with any Costa Mesa elected officials, appointed officials, city employees, or any family members of the previously mentioned.

Sample Maintenance Services Agreement
Yunex LLC (a Siemens Business) has carefully reviewed the Sample Maintenance Services Agreement and confirms all terms and conditions are understood and acknowledged by the undersigned. No exceptions or conditions are requested.

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VENDOR APPLICATION FORM
FOR
RFP22-l 1/C03983
RFP No. 22-11 for TRAFFIC SIGNAL MAINTENANCE SERVICES
TYPE OF APPLICANT: 0 NEW [!] CURRENT VENDOR
Legal Contractual Name of Corporation: _Y_un_e_x_L_Lc _ ________ ___ _ Contact Person for Agreement: _M_ic_h_ae_l_J._H_u_tc_h_e_ns ____________ _ Title: Operations Manager E-Mail Address: [email protected] Business Telephone: --'(_95_1..c...) _78_4_-6_6_o_o ____ __ Business Fax: (951) 784-6700 Corporate Mailing Address: _2_2_5_0 _Bu_s_in_e_ss_w_ a_y ______________ _ City, State and Zip Code: __ R_iv_e_rs_id_e-'-, CA_ 9_2_5_01 _____________ _ Contact Person for Proposals: _R_o_be_rt_ P_a---'q'-ue_tt_e ______________ _ Title: Sales Manager E-Mail Address: [email protected] Business Telephone: ...:..(9_5_1)'-7_8_4_-6_6o_o ______ Business Fax: (951) 784-6700 Is your business: (check one)
□ NON PROFIT CORPORATION
Is your business: (check one)
[!] FOR PROFIT CORPORATION
[R] CORPORATION
0 INDIVIDUAL
□ PARTNERSHIP
0 LIMITED LIABILITY PARTNERSHIP
□ SOLE PROPRIETORSHIP
□ UNINCORPORATED ASSOCIATION
A Siemens Business :
322
YUN X

TRAFFIC
A Siemens Business
RFP22-l l/C03983
Names & Titles of Corporate Board Members
(Also list Names & Titles of persons with written authorization/resolution to sign contracts) Names Title Phone
Rodney Mathis President (512) 837-8313
Dirk Rauber CFO (512) 837-8313
Steven Teal Director of Service (951) 784-6600
Michael J. Hutchens Operations Manager (951) 784-6600
Please see "Delegation of Approval Authority" for signature authorization later in this proposal.

Federal Tax Identification Number: 86-2136678
City of Costa Mesa Business License Number: _A_c_c_ou_n_t_#_:_6_08_7_2 ____________ _ (If none, you must obtain a Costa Mesa Business License upon award of contract.) City of Costa Mesa Business License Expiration Date: 05/31/2022 323

EX PARTE COMMUNICATIONS CERTIFICATION
YUN X

TRAFF I C
A Siemens Business '
RFP22-1 I/C03983
Please indicate by signing below one of the following two statements. Only sign one statement I certify that Proposer and Proposer's representatives have not had any communication with a City Councilmember concerning informal RFP No. 22-11 FOR TRAFFIC SIGNAL MAINTENANCE '-- SERVIC~~e2 1,2021.
_ ~ Date: 1211sI2021
Signat re
Michael J. Hutchens (Operations Manager)
Print
OR
I certify that Propes Proposer's representatives have communicated after December 1, 2021 with a City Councilmember co ·ng informal RFP No. 22-11 FOR TRAFFIC SIGNAL MAINTENANCE SERVICES. A copy of all such c unications is attached to this form for public distribution.

Signature
Print
324

DISQUALIFICATION QUESTIONNAIRE
The Contractor shall complete the following questionnaire:

YUN X

TRAFFIC
A Siemens Business '.

RFP22-11/C03983
Has the Contractor, any officer of the Contractor, or any employee of the Contractor who has proprietary interest in the Contractor, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or safety regulation?
Yes __ No x
If the answer is yes, explain the circumstances in the following space.

N/A
325

DISCLOSURE OF GOVERNMENT POSITIONS
YUN X

TRAFFIC
A Siemens Business .

RFn2- I I/C03983
Each Proposer shall disclose below whether any owner or employee of Contractor currently hold positions as elected or appointed officials, directors, officers, or employees of a governmental entity or held such positions in the past twelve months. List below or state "None." None
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COMPANY PROFILE & REFERENCES
Company Legal Name: Yunex LLC
RFP22-ll/C03983
A Siemens Business
Company Legal Status (corporation, partnership, sole proprietor etc.): Corporation (Delaware) Active licenses issued by the California State Contractor's License Board: A & c-10 (License# 1080001, expires 08/31/2023)
Business Address: 1026 E. Lacy Ave., Anaheim, CA 92805
Website Address: https://www.yunextraffic.com/global/en/ Telephone Number: (714) 456-9902 Facsimile Number: (714) 456-9905 Email Address: [email protected]
Length of time the firm has been in business: 29 years under Yunex LLC, Siemens Mobility, Inc., Siemens ITS, Republic Electric, and Republic ITS
Length of time at current location: 4 years
Is your firm a sole proprietorship doing business under a different name: _Yes ~ No If yes, please indicate sole proprietor's name and the name you are doing business under: N/A
Federal Taxpayer ID Number: 86-2136678
Regular Business Hours: Monday - Friday: 7:00AM - 4:30PM / On-Call Services: 24 hours per day, 365 days per year
Regular holidays and hours when business is closed: Monday - Friday: 4:30PM - 7:00AM Saturdays/Sundays/Holidays: 24 hours per day
Contact person in reference to this solicitation: Michael J. Hutchens Telephone Number: (951) 784-6600 Facsimile Number: (951) 784-6700 Email Address: [email protected]
Contact person for accounts payable: Josh Spandiary
Telephone Number: (737) 230-6091
Email Address: [email protected]
Name of Project Manager: Joshua Ferras
Telephone Number: (714) 456 -9902
Email Address: [email protected]
Facsimile Number: N/A
Facsimile Number: (714) 456-9905
327
COMPANY PROFILE & REFERENCES (Continued)
YUN X

TRAFFIC
A Siemens Business '.

RFP22- l l/C0 3983
Submit the company names, addresses, telephone numbers, email, contact names, and brief contract descriptions of at least three clients, preferably other municipalities for whom comparable projects have been completed or submit letters from your references which include the requested information.

Company Name: City of Anaheim
(714) 412-9233
Contact Name: Jeff Swanson
Contract Amount: $1,080,000 .00
Email: [email protected]
Address: 201 South Anaheim Boulevard, Anaheim, CA 92805 Brief Contract Description: On-Call Traffic Signal Maintenance and Repair Services Company Name: City of Cypress
Telephone Number: (714) 229-6729
Contact Name: Nick Mangkalakiri
Contract Amount: $385,ooo.oo
Email: [email protected]
Address: 5775 Orange Ave., Cypress, CA 90630
Brief Contract Description: Traffic Signal Maintenance and Repair Services Company Name: City of Fullerton
Telephone Number: (714) 738-6858
Contact Name: Dave Langstaff
Contract Amount: $125,ooo.oo
Email: [email protected] .us
Address: 303 W. Commonwealth, Fullerton, CA 92832
Brief Contract Description: Traffic Signal Maintenance and Repair Services Company Name: City of Irvine
Telephone Number: (949) 724-7684
Contact Name: Kevin Tobin
Contract Amount: $850,826.00
328
Email: [email protected]
Address: 6427 Oak Canyon #3, Irvine, CA 92618
Brief Contract Description: Traffic Signal Maintenance and Repair Services Company Name: City of Newport Beach
Telephone Number: (949) 644-3324
Contact Name: Brian Loo
Contract Amount: $2so.ooo.oo
Email: [email protected]
Address: 3300 Newport Blvd., Newport Beach, CA 92663
Brief Contract Description: Traffic Signal Maintenance and Repair Services YUN X

TRAFFIC
A Siemens Business
RFP22-l l/C0398 3
Our complete list of references has been placed earlier in the Proposal for your review and consideration 329
YUN X

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RFP22-1 I/C03983

BIDDER/APPLICANT/CONTRACTOR CAMPAIGN CONTRIBUTION

DISCLOSUR E FORM
Proposer/Consultant/Applicant is required to identify any campaign contribution or cumulative contributions greater than $249 to any city council member in the twelve months prior to submitting an application, proposal, statement of qualifications or bid requiring approval by the City Council.
. · Company/Business
(< Date ·, Nallie .of Donor . . Affiliation

N/A N/A N/A
""""-..
............
...............

Name of
Recipient .·
N/A
...............

Amount
N/A
A Siemens Business
Except as described above, I/we have not made any campaign contribution in the amount of $250 or more to any Costa Mesa City Council Member in the twelve months preceding this Application/Proposal.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
12/15/2021
Date
330

ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.

State of California
County of Riverside
on \ '2....- \ S - "2-="'Z-\ before me Candace Gallaher - Notary Public ----------- '----------------- -- (insert name and title of the officer)
personally appeared I"'\ \Cf\,c\e\-- '3 - M~-\GN~ ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/f}tr'€ subscribed to the within instrument and acknowledged to me that he/s,We/t~ executed the same in his/h6/th,efr authorized capacity(ies), and that by his/twf7tl)efr" signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal. .. ······• .. ---CANDACE GALLAHER ~ Notary Public - California
Riverside County ~
Commission# 2300629 -
My Comm. Expires Aug 8, 2023
(Seal)
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'{UN X

TRAFFIC
THIS DELEGATION ~ APPLIES TO YUNEX, LLC. ALL CONTRACTS , BIDS,

CERTIFICATES , AFFIDAVITS OR ANCILLARY DOCUMENTS TO BE SIGNED ON BEHALF OF SIEMENS MOBILITY , INC. MUST BE SIGNED BY RODNEY MATHIS AND DIRK

RAUSER WITHOUT EXCEPTION

DELEGATION OF APPROVAL AUTHORITY FROM

PRESIDENT RODNEY MA THIS AND CFO DIRK RAUSER
YUNEX, LLC.

A. The undersigned Rodney Mathis, President and Dirk Rauber, CFO of the Yunex , LLC. (the "Corporation "), a corporation duly organized and existing under the laws of the State of Delaware, by virtue of the authority vested as President and CFO to sign or countersign and otherwise execute in the name , or on behalf of the Corporation, any bids, projects , contracts, agreements and any certificates, affidavits or ancillary documents in connection therewith to the extent the foregoing instruments and are consistent with the limits of authority granted under LoA guidelines and grants of release for and on behalf of the Corporation , do hereby delegate to and acknowledge that the following person(s) may exercise such authority for and on our behalf up to $10 million.

AUTHORIZED SIGNATORIES
Business Operations Finance/Central Support Function
(Name/Position) (Name/Position)
B. It is further acknowledged that the following individuals are hereby authorized to sign or countersign and otherwise execute in the name or on behalf of the Corporation the same documents as referenced in paragraph A, up to and including a transactional limit of $5 million . Any such delegation extends to but is limited to the same scope , documents and subject matter as referenced and granted in paragraph A, limited to the monetary amount stated in this paragraph .

AUTHORIZED SIGNATORIES
Business Operations Finance/Central Support Function
<Name/Position) <Name/Position)
Jaskaran Dhiman Singh
Manaoer Procurement
Unrestricted 1
A Sieme ns Business
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C. It is further acknowledged that the following individuals are hereby authorized to sign or countersign and otherwise execute in the name, or on behalf of the Corporation , the same documents as referenced in paragraph A, up to and including a transactional limit of $3 million. Any such delegation extends to but is limited to the same scope, documents and subject matter as referenced and granted in paragraph A, limited to the monetary amount stated in this paragraph.

AUTHORIZED SIGNATORIES
Business O12erations Finance/Central Su1212ort Function <Name/Position) <Name/Position)
Michael Gaertner Anchal Bansal
Director PLM/R&D Commercial Manager Service
Goutham Lingannagari Craig Debevoise
Head of Bids & Proiects Proiects Commercial
Nils Soyke Manuel Guio Villarreal
Proiect Manaaer Commercial Project Manager
Steve Teal
Director, Service
D. It is further acknowledged that the following individuals are hereby authorized to sign or countersign and otherwise execute in the name, or on behalf of the Corporation , the same documents as referenced in paragraph A, up to and including a transactional limit of $1 million . Any such delegation extends to but is limited to the same scope, documents and subject matter as referenced and granted in paragraph A, limited to the monetary amount stated in this paragraph.

AUTHORIZED SIGNATORIES
Business O12erations Finance/Qentral Su1212ort Function (Name/Position) (Name/Position)
Michael Hutchens James Barker
Operations Manager Commercial Project Manaaer
Venkatesh Jadhav Claudia Thiele
Project Manager Commercial Project Manager
Gary Kochetkov
Project Manager
Sari Mahli
Project Manager
Scott McCarthy
Material Manaaer
Del Nichols
Project Manager
Carlota Oteyza Hafner
Project Manager
Syed Rahman
Project Manager
Clint Schuckel
Operations Manaaer
Mejosh Thomas
Project Manager TG2
William Tucker
Operations Manaaer
Unrestricted 2
A Sieme ns Business
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E. It is further acknowledged that the following individuals are hereby authorized to sign or countersign and otherwise execute in the name, or on behalf of the Corporation , the same documents as they are referenced in paragraph A, up to and including a transactional limit of $250 thousand. Any such delegation extends to but is limited to the same scope , documents and subject matter as referenced and granted in paragraph A, limited to the monetary amount stated in this paragraph.

AUTHORIZED SIGNATORIES
Business Operations Finance/Central Support Function
(Name/Position) (Name/Position)
Ali Aga, Josh Spandiary
Bid Manager Commercial Service Manager
Joshua Ferras Frank Werner
Service Account Manager Commercial Service Manager
Deana Flynn
Service Account Manager
Michelle Flynn
Service Account Manaoer
Candace Gallaher
Service Account Manaaer
Diana Johnson
Bid Manager
Joshua Lippincott
Service Account Manager
Robert Paquette
Sales Manaaer
Jeffrey Pierce
Service Account Manager
Melissa Rodriguez
Sales Manager
F. It is further acknowledged that each of the signatures of the persons referred to in paragraphs A, B, C, D, and E are binding upon the Corporation .

G. It is further acknowledged that any document shall require the signature of two (2) of the above Authorized Signatories , one each from Business Operations and from Finance/Central Support Functions, whom shall have the requisite signature authority to be legally binding upon the Corporation .

H. It is further acknowledged that each of the persons referred to herein is authorized to delegate such person's authority hereunder to additional members of his or her management team up to the limit of such person 's delegation of authority , provided that such delegation is in written form signed by the delegator and filed with the Legal Department.

I. It is further acknowledged that the Secretary or an Assistant Secretary of the Corporation is authorized to issue certifications attesting to the incumbency , authority and status of any of the persons referred to in this resolution.

Unrestricted 3
A Sieme ns Business
334
'{UN X

TRAFFIC
A Siemens Business
IN WITNESS WHEREOF, we have hereunto subscribed our names and affixed the corporate seal of the said Corporation, as of the 2nd day of November , 2021. \\L \ 1,1 l ~IJH11,,
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resident -',
Yunex , LLC .
.!,~~;.=-
Digitally signed by Rauber
Dirk
Date: 2021.11.0813:04:25
-08'00'
Dirk Rauber
CFO
Yunex, LLC.

Unrestricted 4
335

EXHIBIT C

LIST OF SIGNALS AND DEVICES

336
Costa Mesa Traffic Signals
No. Main Street Side Street Controller BBS EVP
1 Pinecreek ASC/3-2100 Yes
2 Royal Palm ASC/3-2100 Yes
3 Mesa Verde E ASC/3-2100 Yes
4 Mesa Verde W/Placentia ASC/3-2100 Myers Yes
5 Albatross/Shantar ASC/3-2100 No
6 Experian-Enclave ASC/3-2100 No
7 Sakioka 820A Yes
8 Avenue of the Arts 820A Yes
9 Park Center ASC/3-2100 Yes
10 Red Hill ASC/3-2100 No
11 Pullman Cobalt No
12 Fire Station 2 ASC/3-2100 No
13 Milbro ASC/3-2100 No
14 Babb ASC/3-2100 No
15 Mendoza ASC/3-2100 No
16 Coolidge ASC/3-2100 No
17 College ASC/3-2100 Yes
18 Royal Palm ASC/3-2100 No
19 Sunflower Cobalt (ex.)
(EOS FUTURE) Yes
20 Crystal Court-Town Center Cobalt (EOS) Yes
21 South Coast-Macy's Cobalt (EOS) Yes
22 Metro Pointe E Cobalt (EOS) Yes
23 Yukon-Paularino Cobalt (EOS) Yes
24 Baker ASC/3-2100 Yes
25 Sunflower Cobalt Yes
26 Town Center Cobalt Myers Yes
27 Anton Cobalt Clary Yes
28 Hotel Way Cobalt Yes
29 Paularino Cobalt Clary Yes
30 Baker Cobalt Clary Yes
31 SOBECA Way Cobalt Yes
32 Randolph Cobalt Yes
Bristol AdamsAntonBear Baker
337
Costa Mesa Traffic Signals
No. Main Street Side Street Controller BBS EVP
33 Bear Cobalt Yes
34 Newport SB ASC/3-2100 Clary Yes
35 Newport NB/Ganahl ASC/3-2100 Clary Yes
36 Santa Ana/Red Hill Cobalt Yes
37 Loyola Cobalt No
38 Vanguard Cobalt No
39 Fairgrounds/Civic Ctr 820A No
40 Sunflower ASC/3-2100 Clary Yes
41 South Coast ASC/3-2100 Clary Yes
42 McCormack ASC/3-2100 Yes
43 Paularino ASC/3-2100 Yes
44 Baker ASC/3-2100 Clary Yes
45 Adams ASC/3-2100 Clary Yes
46 Monitor ASC/3-2100 Yes
47 OCC/Mustang ASC/3-2100 Yes
48 Arlington Cobalt (EOS?) Yes
49 Merrimac ASC/3-2100 Yes
50 Fair ASC/3-2100 Clary Yes
51 Wilson ASC/3-2100 Yes
52 Scenic/Lake Center ASC/3-2100 Myers Yes
53 Sunflower ASC/3-2100 Yes
54 Law Court ASC/3-2100 Yes
55 South Coast ASC/3-2100 Yes
56 Gisler ASC/3-2100 Myers Yes
57 Date ASC/3-2100 Myers Yes
58 Nutmeg ASC/3-2100 Myers Yes
59 Baker ASC/3-2100 Yes
60 Adams ASC/3-2100 Yes
61 Mesa Verde E/Peterson ASC/3-2100 Yes
62 Merrimac Cobalt Yes
63 Fair Cobalt Yes
64 Harbor Center ASC/3-2100 Yes
65 Wilson ASC/3-2100 Myers Yes
FairFairviewHarbor
338
Costa Mesa Traffic Signals
No. Main Street Side Street Controller BBS EVP
66 Victoria ASC/3-2100 Yes
67 Hamilton ASC/3-2100 Clary Yes
68 Bay ASC/3-2100 Yes
69 19th ASC/3-2100 Yes
70 Mesa ASC/3-2100 No
71 Del Mar ASC/3-2100 Yes
72 Santa Isabel ASC/3-2100 Yes
73 Wilson ASC/3-2100 No
74 22nd ASC/3-2100 Myers Yes
75 Bay ASC/3-2100 No
76 Mesa ASC/3-2100 No
77 Fair/Del Mar ASC/3-2100 Yes
78 Vanguard ASC/3-2100 Yes
79 Wilson ASC/3-2100 No
80 Fairview ASC/3-2100 Yes
81 Victoria ASC/3-2100 Myers Yes
82 Bay ASC/3-2100 No
83 Paularino Jian Cobalt No
84 Fairview Park ASC/3-2100 No
85 Estancia North ASC/3-2100 No
86 Estancia South ASC/3-2100 No
87 Wilson ASC/3-2100 Yes
88 Victoria ASC/3-2100 Yes
89 19th ASC/3-2100 Yes
90 18th ASC/3-2100 Yes
91 17th ASC/3-2100 Yes
92 16th ASC/3-2100 No
93 Kalmus 820A No
94 Paularino 820A No
95 Sakioka Vista Way 820A No
96 Susan 820A No
97 Metro Pointe W Cobalt (EOS) No
98 Metro Pointe E Cobalt (EOS) No
99 Anton ASC/3-2100 Myers Yes
100 Flower/Sakioka Cobalt Yes
101 Avenue of the Arts Cobalt Yes
102 Park Center Cobalt Yes
103 S Plaza Cobalt Yes
Sunflower Newport SB Newport NBPlacentiaRed
Hill
South
Coast
339
Costa Mesa Traffic Signals
No. Main Street Side Street Controller BBS EVP
104 Fuchsia/Raitt Cobalt No
105 Greenville/Wimbledon Cobalt No
106 Susan Cobalt No
107 Hyland Cobalt No
108 Valley/Pacific ASC/3-2100 Yes
109 Canyon ASC/3-2100
Cobalt (future) Yes
110 American ASC/3-2100 Yes
111 National ASC/3-2100 Yes
112 Pomona ASC/3-2100 Yes
113 Maple ASC/3-2100 Yes
114 Pomona ASC/3-2100 No
115 Center Way ASC/3-2100 Yes
116 16th Pomona/Industrial/Superior 820A No
117 Anaheim/Superior ASC/3-2100 Yes
118 Orange ASC/3-2100 Yes
119 Westminster ASC/3-2100 Yes
120 Santa Ana ASC/3-2100 Yes
121 Tustin ASC/3-2100 Yes
122 Park ASC/3-2100 Yes
123 Anaheim ASC/3-2100 Yes
124 Meyer ASC/3-2100 Yes
125 Pomona ASC/3-2100 Yes
126 Placentia Bike Xing ASC/3-2100 No
127 Baker Randolph Cobalt (EOS) Yes
128 19th Wallace Cobalt (EOS) Yes
129 South Coast The Press Cobalt (EOS) Clary Yes
130 Hyland Vans Cobalt (EOS) Clary Yes
131 Fairview Village Way Cobalt Yes
SunflowerVictoria19th 17th Wilson
340
HAWK Signals
Arlington Drive w/o Junipero Drive Existing
Fire Station #1 & Adams Ave Existing
OCC Driveway & Merrimac Way Existing
18th St w/o Park Drive Future
Flashing LED Stop Sign
Junipero & Arlington Future
341
Caltrans (For Reference Only)
Baker Street & Newport Frontage NB-SR-55
Baker Street & Newport Frontage SB - SR-55
Paularino Avenue & Newport Frontage NB-SR-55
Paularino Avenue & Newport Frontage SB - SR-55
Bear Street & SR-73 NB Ramp
Bear Street & SR-73 SB Ramo
Bristol Street & I-405 NB Ramp
Bristol Street & I-405 SB Ramp
Fairview Road & I-405 SB Ramp
Fairview Road & I-405 NB Ramp
Harbor Blvd & I-405 SB Ramp
Harbor Blvd & I-405 NB Ramp
Newport Blvd & 16th Street
Newport Blvd & 17th Street
Newport Blvd & 18th Street-Rochester
Newport Blvd & 19th Street
Newport Blvd & Broadway
Newport Blvd & Harbor Blvd
Newport Blvd & Industrial
South Coast Drive & I-405 NB Off-Ramp
Hyland/South Coast & I-405 NB On-Ramp
Anton & I-405 NB On-Ramp
Avenue of the Arts & I-405 NB Off-Ramp
Susan & I-405 NB Off-Ramp
County of Orange (For Reference Only)
Santa Avenue & Mesa Drive
342
School Flashers
Baker Street e/o Labrador Drive/Andros Street Existing Baker Street w/o Labrador Drive/Andros Street Existing Placentia Avenue n/o 18th street Existing
Placentia Avenue s/o 19th street Existing
Victoria Street e/o Canvon Drive Existing
Victoria Street w/o Canvon Drive Existing
Killybrooke s/o Belfast Existing
Killybrooke s/o Garlingford Existing
Sonora e/o La Salle Existing
Velasco e/o Sonora Existing
Flashing Crosswalks
Placentia & 20th Street Existing
Town Center & e/o Bristol Existing
East 17th & Ravrnond Existing
Santa Ana & Rose Existing
Pomona & Sterling Existing
Paularino & Coolidge Existing
Gisler w/o w/o Iowa Existing
343
Existing Electronic Speed Feedback Signs
Index Main Street Direction Near Side Street
1 Adams EB W/0 Albatross
2 Adams WB E/0 Mesa Verde East
3 Arlington EB E/0 Fairview
4 Arlington WB W/0 Junipero
5 Baker EB E/0 Fairview St
6 Baker WB @ Babb St
7 Baker WB W/0 Royal Palm
8 Baker EB W/0 Bimini
9 Bear NB S/0 Saint Claire
10 California SB E/0 Colorado
11 Fairview NB S/0 Merrimac
12 Fairview SB N/0 Monitor
13 Fairview NB S/0 Wake Forest
14 Fairview SB N/0 Loyola
15 Fairview SB S/0 Fair
16 Gisler WB E/0 California
17 Gisler EB @ Sicily
18 Hamilton WB E/0 Pomona
19 Hamiton EB W/0 Pomona
20 Irvine SB S/0 E 19th
21 Mendoza SB S/0 Baker
22 Paularino EB W/0 Coolidge
23 Paularino WB @ Johnson
24 Placentia NB N/0 Victoria
25 Placentia SB @ Newton (S/0-18th)
26 Placentia NB @ Newton (S/0-18th)
27 Placentia NB @ Towne (S/0-19th)
28 Placentia SB N/0 Wilson
29 Placentia NB N/0 W 19th
30 Placentia NB N/0 Congress
31 Placentia SB S/0 Fairview Park
32 Placentia SB @ Towne (S/0-19th}
33 Placentia NB N/0 16th
34 Pomona SB S/0 Hamilton
35 Pomona NB @ Sterling
36 Santa Ana NB @ Robin Hood (S/0-21s0
37 Santa Ana SB @ Cecil Pl (S/0-23rd)
38 Susan NB @ South Coast
39 Susan SB @ Sunflower
40 Victoria WB @ National
41 Victoria EB E/0 Tidewater
42 Victoria WB E/0 Valley/Pacific
43 Victoria EB W/0 Valley/Pacific
44 E 18th EB E/0 Tustin
45 W.18th St WB E/0 Whittier
46 W 19th WB W/0 Park
47 W 19th EB E/0 Wallace
48 Whittier NB N/0 W 18th
49 Whittier SB S/0 19th
50 Wilson EB E/0 College
51 Wilson WB E/0 Placentia
52 Wilson EB W/0 Columbia
53 Wilson WB @ Wallace
344

EXHIBIT D

FEE SCHEDULE

345
11 UN:: X

TRAFFIC
A Siemens Business
Helping Our Communities Become Vibrant,
Growing & Green
Proposed to:

City of Costa Mesa
Attn: Stephanie Urueta
Finance Department
77 Fair Drive, 1st Floor
Costa Mesa, CA 92626
346

COST PROPOSAL

FOR TRAFF IC SIGNAL SYSTEM MAINTENANCE
Unit

1. Routine Maintenance: Quantity ~nu1dhl~:)
a. Traffic Signal 131 $ 78.50
b. Pedestrian Hybrid Beacon 4 $ 43.00
(HAWK)
C. Battery Backup System 23 $ 14.50
d. Flashing LED Stop Sign (Future) 1 $ 14.50
Routine Maintenance Monthly Sub Total:
'
YUN X

TR A FF I C
A Siemens Business
RFP22-l l/C03983
(monthly)
$ 10,283.50
$ 172.00
$ 333.50
$ 14.50
$ 10,803.50

2. Extraordinary Maintenance I Hardware:
(Unit is "each" unless noted. Hardware shall conform to the Scope of Work.

Price quoted shall include all labor, equipment costs, and mark-up.) a. Replace luminaire safety light lamp with LED
b. Replace luminaire safety light ballast
c. Replace ISNS florescent lamp
d. Replace ISNS florescent lamp with LED
e. Replace ISNS florescent ballast
f. Install 12" red LED lens Ball$ 102.00
g. Install 12" yellow LED lens Ball$ 101.00
h. Install 12"green LED lens Ball$ 101.00
$ 602.00
$ 131.50
$ 47.25
$ 343.00
$ 101.50
Arrow $ 102.00
Arrow $ 102.00
Arrow$ 101.00
L Replace 3-section 12" vehicle head assembly with LED complete $ 421.00 J. Replace 5-section 12" vehicle head assembly with LED complete $ 1,192.00 k. Replace backplate for vehicle head 3-section
5-section
$ 140.00
$ 235.00
347
YUN X

TRAFFIC
RFP22-1 l/C03983
I. Replace ped head with LED countdown complete with framework $ 530.00 m. Replace ped module with LED countdown module (retain head) $ 175.oo n. Replace standard Type "E" detector loop complete (4 or Less) $ 503.00 (more than 4) $ 430.00
o. Replace standard Type "F" detector loop complete (4 or Less) $ 503.oo (more than 4) $ 430.00
p.
q.
r.
s.
t.
u.

V.

Replace 5' x 50' detector loop complete
Replace pull box with Christy Fiberlite
Paint pedestrian head
Paint vehicle head
Paint controller cabinet
Paint electrical service cabinet
Test traffic signal cabinet
(4 or Less) $ 1,815.oo
(more than 4) $ 1,610.00
No.3 $ 578.oo
No. 5 $ 818.00
No. 6 $ 1,195.00
$ 60.00
$ 150.00
$ 300.00
$ 300.00
$ 875.00
(with Full Caltrans Environmental Cert) $ 1,810.00
w. Install City furnished cabinet on existing foundation $ 2,390.00 X.
y.

Replace NEMA conflict monitor with LED
Replace PPB (Polara "Bulldog" or City approved equal)
$ 1,100.00
$ 136.00
z. Replace ISNS (name panels shall be City furnished) 6' $ 73.00 8' $ 73.oo aa.
ab.
ac.
ad.

Conduct city-wide night ride of traffic signals and street lighting Clean CCTV camera lens
Replace BBS Battery
Markup on all other materials over supplier invoice
amount: (conforming to Section 2.04.19)
$ 962.00
$ 79.00
$ 296.00
A Siemens Business
348
3,
4,
YUN X

TRAFF I C
A Siemens Business
RFP22-ll/C03983
Extraordinary Maintenance/ Labor: Regular Time Overtime Per Hour Per Hour
Superintendent $ 85.00 $ 85.00
Engineering Technician $ 127.00 $ 159.00
Laboratory Technician $ 88.00 $ 105.00
Maintenance Technician - Lead $ 122.00 $ 154.00
Maintenance Technician $ 116.00 $ 144.00
Utility Technician - Lead $ 127.00 $ 159.00
Utility Technician $ 104.00 $ 147.00
Street Light Technician $ 116.00 $ 144.00
Laborer $ 104.00 $ 147.00
CCTV, Communication, & ITS Regular Time Overtime
Per Hour Per Hour
Fiber Optic Cable Technician $ 117.00 $ 145.00
Network Technician $ 102.00 $ 123.00
Labor rates shall include all fringe benefits, markup, overhead, etc. for all job classifications performing extraordinary maintenance work.

Premium Hours are: Monday thru Friday after four hours of OT on any one job, Saturdays after 8 hours on any one job, all day Sunday starting at 12:00am until Monday at 7:30am and all Holidays starting at 12:00am until the next morning at 7:30am.

Premium
Per Hour
$85.00
$190.00
$123.00
$186.00
$173.00
$190.00
$147.00
$173.00
$147.00
Premium
Per Hour
$174.00
$123.00
349

5. Extraordinary Maintenance/ Equipment (per job trip):

Pick-Up Truck
Service Truck
Service/Ladder Truck
Boom/Ladder Truck
50' Height Boom Truck
Crane
Water Truck
Dump Truck
Complete Paint Rig
Concrete Saw and Truck
Trencher and Backhoe
Air Compressor with Tools
Vacuum Truck
Boring Machine
$ 40.00
$ 100.00
$ NOT SAFE
$ 60.00
$ 180.00
$ 260.00
$ 10.00
$ 100.00
$ 160.00
$ 100.00
$ 1,500 .00
$ 10.00
$ 40.00
$ 950.00
YUN X

TRAFFIC
A Siemens Business
RFP22-l l/C03983
350
YUN X

TRAFFIC
RFP22-l l/C03983
It is agreed that submission of a proposal shall be considered prima facie evidence that the bidder has carefully examined the scope of services; areas of responsibility; and field conditions, and is therefore satisfied as to the character, quantity and quality of work to be performed, materials to be furnished and requirements of this contract.

Bidder:

Firm: Vunex LLC
Address: 1026 E. Lacy Ave.

Anaheim, CA 92805
Phone: (714) 456-9902
A Siemens Business
Signatur~ Robert Paquette, Sales Manager
Date: 12/15/2021
351

EXHIBIT E

CITY COUNCIL POLICY 100-5

352

BACKGROUND

Under the Federal Drug-Free Workplace Act of 1988, passed as part of omnibus drug legislation enacted November 18, 1988, contractors and grantees of Federal funds must certify that they will provide drug-free workplaces. At the present time, the City of Costa Mesa, as a sub -grantee of Federal funds under a variety of programs, is required to abide by this Act. The City Council has expressed its support of the national effort to eradicate drug abuse through the creation of a Substance Abuse Committee, institution of a City-wide D.A.R.E. program in all local schools and other activities in support of a drug -free community. This policy is intended to extend that effort to contractors and grantees of the City of Costa Mesa in the elimination of dangerous drugs in the workplace.

PURPOSE

It is the purpose of this Policy to:

1. Clearly state the City of Costa Mesa’s commitment to a drug-free society.

2. Set forth guidelines to ensure that public, private, and nonprofit organizations receiving funds from the City of Costa Mesa share the commitment to a drug-free workplace.

POLICY

The City Manager, under direction by the City Council, shall take the necessary steps to see that the following provisions are included in all contracts and agreements entered into by the City of Costa Mesa involving the disbursement of funds.

1. Contractor or Sub-grantee hereby certifies that it will provide a drug-free workplace by:

a. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in Contractor’s and/or sub -grantee’s workplace, specifically the job site or loc ation included in this contract, and specifying the actions that will be taken against the employees for violation of such prohibition;

SUBJECT

DRUG-FREE WORKPLACE
POLICY
NUMBER
100-5

EFFECTIVE
DATE
8-8-89

PAGE

1 of 3
353

SUBJECT

DRUG-FREE WORKPLACE
POLICY
NUMBER
100-5

EFFECTIVE
DATE
8-8-89
PAGE

2 of 3

b. Establishing a Drug-Free Awareness Program to inform employees about:

1. The dangers of drug abuse in the workplace;

2. Contractor’s and/or sub-grantee’s policy of maintaining a drug-free workplace;

3. Any available drug counseling, rehabilitation and employee assistance programs; and

4. The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace;

c. Making it a requirement that each employee to be engaged in the performance of the contract be given a copy of the statement required by subparagraph A;

d. Notifying the employee in the statement required by subparagraph 1 A that, as a condition of employment under the contract, the employee will:

1. Abide by the terms of the statement; and

2. Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five (5) days after such conviction;

e. Notifying the City of Costa Mesa within ten (10) days after receiving notice under subparagraph 1 D 2 from an employee or otherwise receiving the actual notice of such conviction;

f. Taking one of the following actions within thirty (30) days of receiving notice under subparagraph 1 D 2 with respect to an employee who is so convicted:

1. Taking appropriate personne l 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;

354

SUBJECT

DRUG-FREE WORKPLACE
POLICY
NUMBER
100-5

EFFECTIVE
DATE
8-8-89
PAGE

3 of 3

g. Making a good faith effort to maintain a drug- free workplace through implementation of subparagraphs 1 A through 1 F, inclusive.

2. Contractor and/or sub-grantee shall be deemed to be in violation of this Policy if the City of Costa Mesa determines that:

a. Contractor and/or sub -grantee has made a false certification unde r paragraph 1 above;

b. Contractor and/or sub-grantee has violated the certification by failing to carry out the requirements of subparagraphs 1 A through 1 G above;

c. Such number of employees of Contractor and/or sub-grantee have been convicted of violations of criminal drug statutes for violations occurring in the workplace as to indicate that the contractor and/or sub -grantee has failed to make a good faith effort to provide a drug-free workplace.

3. Should any contractor and/or sub -grantee be deemed to be in violation of this Policy pursuant to the provisions of 2 A, B, and C, a suspension, termination or debarment proceeding subject to applicable Federal, State, and local laws shall be conducted. Upon issuance of any final decision under this section requiring debarment of a contractor and/or sub-grantee, the contractor and/or sub -grantee shall be ineligible for award of any contract, agreement or grant from the City of Costa Mesa for a period specified in the decision, not to exceed five (5) years. Upon issuance of any final decision recommending against debarment of the contractor and/or sub-grantee, the contractor and/or sub-grantee shall be eligible for compensation as provided by law.

355
City of Costa Mesa
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 22-667 Meeting Date: 5/3/2022
TITLE:

FISCAL YEAR 2022-2023 ANNUAL ACTION PLAN IDENTIFYING FUNDING PRIORITIES FOR

THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AND HOME INVESTMENT

PARTNERSHIPS GRANT (HOME) PROGRAMS
DEPARTMENT: ECONOMIC AND DEVELOPMENT SERVICES DEPARTMENT/HOUSING AND

COMMUNITY DEVELOPMENT
PRESENTED BY: MIKELLE DAILY, GRANT ADMINISTRATOR
CONTACT INFORMATION: MIKELLE DAILY, GRANT ADMINISTRATOR, 714- 754-5678; [email protected]
RECOMMENDATION:

Staff recommends the City Council:

1. Hold a Public Hearing regarding the 2022-2023 Annual Action Plan.

2. Approve the recommended allocation of $1,137,737 for the Fiscal Year 2022-2023 Community Development Block Grant.

3. Approve the recommended allocation of $501,749 for the Fiscal Year 2022-2023 HOME Investment Partnerships Grant.

4. Adopt Resolution No. 2022-XX in order to:
a. Approve the 2022-2023 Annual Action Plan.
b. Authorize the City Manager, or the City Manager’s designee, to submit the 2022-2023 Annual Action Plan to the U.S. Department of Housing and Urban Development. c. Designate the City Manager, or the City Manager’s designee, as the official representative of the City to administer the programs and to execute and submit all required agreements, certifications, and documents required by HUD, and execute all subrecipient agreements for the use of funds approved in the 2022-2023 Annual Action Plan.

5. Authorize the City Manager or designee to approve staff procedures and guideline for the implementation of CDGB- and HOME-funded programs.

BACKGROUND:

Costa Mesa is a recipient of two U.S. Department of Housing and Urban Development (HUD) grant program funds, the Community Development Block Grant (CDBG) Program and the Home Investment Partnerships Program (HOME). These two HUD programs annually provide approximately $1.6 million to the City and can be used for various activities that assist low- and moderate-income Costa Mesa residents.

The Housing and Community Development Division (HCD) of the Development Services Department is responsible for administering the City’s CDBG and HOME grants. CDBG and HOME-funded activities must address the needs outlined in the City’sConsolidated Plan. The Consolidated Plan is