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, November 15, 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, or if you've been exposed to someone with COVID-19, 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.
1 REGULAR CITY COUNCIL AND
SUCCESSOR AGENCY TO THE
REDEVELOPMENT AGENCY AND
HOUSING AUTHORITY
Agenda November 15, 2022
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Enter Webinar ID: 983 7639 0419/ Password: 905283
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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.
2 REGULAR CITY COUNCIL AND
SUCCESSOR AGENCY TO THE
REDEVELOPMENT AGENCY AND
HOUSING AUTHORITY
Agenda November 15, 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, for both videos and pictures. Please e-mail to the City Clerk at [email protected] NO LATER THAN 12:00 Noon on the date of the meeting. If you do not receive confirmation from the city prior to the meeting, please call the City Clerks office at 714-754-5225.
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.
In compliance with the Americans with Disabilities Act, Assistive Listening headphones are available and can be checked out from the City Clerk. If you need special assistance to participate in this meeting, please contact the City Clerk at (714) 754-5225. Notification at least 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. [28 CFR 35.102.35.104 ADA Title II]. Language translation services are available for this meeting by calling (714) 754-5225 at least 48 hours in advance.
En conformidad con la Ley de Estadounidenses con Discapacidades (ADA), aparatos de asistencia están disponibles y podrán ser prestados notificando a la Secretaria Municipal. Si necesita asistencia especial para participar en esta junta, comuníquese con la oficina de la Secretaria Municipal al (714) 754-5225. Se pide dar notificación a la Ciudad por lo mínimo 48 horas de anticipación para garantizar accesibilidad razonable a la junta. [28 CFR
35.102.35.104 ADA Title II]. Servicios de traducción de idioma están disponibles para esta junta llamando al (714) 754-5225 por lo mínimo 48 horas de anticipación.
3 REGULAR CITY COUNCIL AND
SUCCESSOR AGENCY TO THE
REDEVELOPMENT AGENCY AND
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Agenda November 15, 2022
CLOSED SESSION - 4:00 P.M.
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 - ANTICIPATION OF LITIGATION - FOUR CASES
Pursuant to California Government Code Section 54956.9 (d)(2), Potential Litigation.
2. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Pursuant to California Government Code Section 54956.9 (d)(1) Name of Case: Carrin A. Leaman vs. City of Costa Mesa
Orange County Superior Courts Case No. 30-2021-01196302-CU-OR-CJC
4 REGULAR CITY COUNCIL AND
SUCCESSOR AGENCY TO THE
REDEVELOPMENT AGENCY AND
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Agenda November 15, 2022
REGULAR MEETING OF THE CITY COUNCIL AND SUCCESSOR AGENCY
TO THE REDEVELOPMENT AGENCY AND HOUSING AUTHORITY
NOVEMBER 15, 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
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.]
ROLL CALL
CITY ATTORNEY CLOSED SESSION REPORT
PRESENTATIONS:
1. Proclamation: 2022 Movember 22-948
1. Proclamation: 2022 MovemberAttachments:
2. Proclamation: 2022 Hunger and Homelessness Awareness Week 22-950
1. Proclamation: Hunger & Homelessness Awareness WeekAttachments:
5 REGULAR CITY COUNCIL AND
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HOUSING AUTHORITY
Agenda November 15, 2022
3. Proclamation: Law Enforcement Records and Support Personnel Day
22-951
1. Proclamation: Records and Support Personnel DayAttachments:
4. Proclamation: 2022 World Kindness Day 22-949
1. Proclamation: World Kindness DayAttachments:
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 Harlan
2. Council Member Harper
3. Council Member Reynolds
4. Council Member Chavez
5. Council Member Gameros
6. Mayor Pro Tem Marr
7. Mayor Stephens
REPORT – CITY MANAGER
REPORT – CITY ATTORNEY
CONSENT CALENDAR (Items 1-13)
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.
6 REGULAR CITY COUNCIL AND
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Agenda November 15, 2022
1. PROCEDURAL WAIVER: WAIVE THE FULL READING OF ALL
ORDINANCES AND RESOLUTIONS
22-936
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 22-941
RECOMMENDATION:
City Council receive and file Claims received by the City Clerk: Alexander Gonzalez.
3. ADOPTION OF WARRANT RESOLUTION 22-945
RECOMMENDATION:
City Council approve Warrant Resolution No. 2690.
1. Summary Check Register 11-1-22
2. Summary Check Register 11-3-22
Attachments:
4. MINUTES 22-943
RECOMMENDATION:
City Council approve the Minutes of the Regular meeting of November 1, 2022.
1. 11-01-2022 Draft MinutesAttachments:
5. REQUEST TO CANCEL THE REGULAR CITY COUNCIL MEETING OF JANUARY 3, 2023
22-934
RECOMMENDATION:
Staff recommends the City Council cancel the regular meeting of Tuesday, January 3, 2023.
6. APPROVAL OF MAYOR ’S APPOINTMENT TO THE ORANGE
COUNTY VECTOR CONTROL DISTRICT
22-937
RECOMMENDATION:
Staff recommends the City Council approve Mr. Bill Turpit as the Mayor’s appointment to the Orange County Vector Control District (OCVCD).
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Agenda November 15, 2022
7. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA
MESA SUPPORTING THE IRANIAN-AMERICAN COMMUNITY AND
CONDEMNING VIOLENCE AGAINST WOMEN
22-942
RECOMMENDATION:
City Council consideration to adopt Resolution 2022-XX in support of the Iranian-American community and condemning violence against women.
1. Resolution for IranAttachments:
8. ADAMS AVENUE AND PINECREEK DRIVE INTERSECTION
PROJECT - AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES
AGREEMENT FOR ENGINEERING DESIGN SERVICES
22-924
RECOMMENDATION:
Staff recommends the City Council:
1. Approve proposed Amendment No. 1 to the Professional Services Agreement (PSA) with KOA Corporation increasing the maximum compensation by $30,230, for a total not-to-exceed amount of $141,017.
2. Authorize the City Manager and the City Clerk to execute the amendment and any future amendments to the agreement.
1. Amendment No. 1 to PSA with KOA
2. PSA with KOA
Attachments:
8 REGULAR CITY COUNCIL AND
SUCCESSOR AGENCY TO THE
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HOUSING AUTHORITY
Agenda November 15, 2022
9. POLICE DEPARTMENT UNDERGROUND STORAGE TANK
CLOSURE PROJECT, CITY PROJECT NO. 22-02
22-925
RECOMMENDATION:
Staff recommends the City Council:
1. Adopt plans, specifications, and working details for the Police Department Underground Storage Tank Closure Project, City Project No. 22-02.
2. Award a Public Works Agreement (PWA) to American Integrated Services, Inc., 1502 E. Opp Street, Wilmington, CA 90744 in the amount of $156,680.
3. Authorize an additional ten percent (10%) contingency in the amount of $15,668 as needed for any unforeseen costs related to this project.
4. Approve a budget adjustment authorizing the use of unappropriated fund balance in the Capital Improvement Fund ( 401) in the amount of $48,616 and appropriate said funds to the Police Department Underground Storage Tank Closure Project (Project 200066).
5. Authorize the City Manager and City Clerk to execute the PWA and future amendments to the agreement within Council authorized limits.
1. Bid Abstract
2. PWA
Attachments:
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REDEVELOPMENT AGENCY AND
HOUSING AUTHORITY
Agenda November 15, 2022
10. MAINTENANCE SERVICES AGREEMENT FOR HVAC MAINTENANCE
AND REPAIR
22-926
RECOMMENDATION:
Staff recommends the City Council:
1. Approve the proposed Maintenance Services Agreement (MSA) with Siemens Industry, Inc ., for a term of eight months , effective November 15, 2022 - June 30, 2023, in the amount of $154,472.71 for the eight month term to provide HVAC maintenance and repair services for the City Hall and the Police Department facility based on pricing from Sourcewell Contract #070121-SIE.
2. Approve the three year MSA with Siemens Industry from July 1, 2023 to June 30, 2026, with annual compensation amount for year one, $224,734.43, year two, $249,167.58 and third year, $248,228.67.
3. Approve a 10% contingency annually for additional repairs and other unforeseen costs.
4. Authorize the City Manager and City Clerk to execute the MSA and to extend the agreement each year with an effective term of July 1st through June 30th, for up to a maximum of three (3) additional one-year terms.
1. MSA Siemens
2. Siemens Proposal (Sourcewell) 10-24-22
Attachments:
11. SUB-RECIPIENT AGREEMENT FOR THE 2021 URBAN AREA
SECURITY INITIATIVE GRANT
22-917
RECOMMENDATION:
Staff recommends the City Council authorize the City Manager and City Clerk to execute the Sub-Recipient Agreement (Attachment 1) with the City of Santa Ana for the FY 2021 Urban Areas Security Initiative (UASI) Grant Program.
1. UASI AgreementAttachments:
10 REGULAR CITY COUNCIL AND
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HOUSING AUTHORITY
Agenda November 15, 2022
12. COSTA MESA FIRE & RESCUE STRATEGIC PLAN 2022-2027 22-932 RECOMMENDATION:
Staff recommends the City Council approve the Costa Mesa Fire & Rescue Strategic Plan 2022 - 2027.
1. CMFR Strategic Plan 2022 - 2027
2. Strategic plan - 2015-2020
3. City of Costa Mesa Goals & Objectives
Attachments:
13. APPROVAL OF RESPONSE TO GRAND JURY REGARDING
ORANGE COUNTY EMS AND THE FIRE SERVICE
22-933
RECOMMENDATION:
Staff recommends the City Council authorize the City Manager and Fire Chief to respond to the Presiding Judge of the Superior Court concerning the findings and recommendations made by the Orange County Grand Jury Report. 2021-2022.
1. OC Grand Jury Report May 2022
2. Responses to the Grand Jury Report 2021-2022
Attachments:
AT THIS TIME COUNCIL WILL ADDRESS ANY ITEMS PULLED FROM THE CONSENT
CALENDAR
------------------------------END OF CONSENT CALENDAR-------------------------------
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Agenda November 15, 2022
PUBLIC HEARINGS:
(Pursuant to Resolution No. 05-55, Public Hearings begin at 7:00 p.m.)
1. PUBLIC HEARING REGARDING THE DEVELOPMENT IMPACT FEES ANNUAL REPORT FOR THE FISCAL YEAR ENDED JUNE 30, 2022
AND THE TRAFFIC IMPACT FEE ANALYSIS
22-952
RECOMMENDATION:
Staff recommends the City Council:
1. Receive and file the Development Impact Fees Annual Report (Attachment 1) for the Fiscal Year ended June 30, 2022.
2. Adopt the attached resolution (Attachment 2) continuing the citywide traffic impact fee for new development that incorporates recommendations from the Traffic Impact Fee Ad Hoc Committee and staff, which include:
Ø Continue a traffic impact fee of $235 per Average Daily Trip (ADT) for Capital Improvement Projects and Active Transportation projects Ø Approve allocation of up to ten ( 10) percent of traffic impact fees towards traffic signal synchronization projects
1. 2021-22 DIF Report Consolidated
2. Traffic Impact Fee Resolution
3. Citywide Traffic Impact Fee Annual Review Report
4. Appendix A - Chronology of City Council Actions
5. Appendix B - Revised TIF Calculation 2022
6. Appendix C and Exhibit A Traffic Impact Fee Annual
Accounting FY21-22
Attachments:
12 REGULAR CITY COUNCIL AND
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Agenda November 15, 2022
2. APPEAL OF PLANNING APPLICATION 21-07 FOR A CONDITIONAL
USE PERMIT TO ALLOW OFF-SITE VALET PARKING ON THE
PROPERTY LOCATED AT 1645 SUPERIOR AVENUE AND FOR
OUTDOOR SEATING FOR AN EXISTING RESTAURANT (TRENTA
PIZZA & CUCINA) LOCATED AT 1661 SUPERIOR AVENUE, SUITE C & D AND ZONING APPLICATION 19-50 (ZA-17-16 A1) FOR A MINOR
CONDITIONAL USE PERMIT TO AMEND THE PREVIOUS APPROVAL
FOR THE RESTAURANT
22-918
RECOMMENDATION:
Staff recommends the City Council uphold the Planning Commission ’s decision and:
1. Find that the project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) per CEQA Guidelines Section 15301 (Class 1), Existing Facilities.
2. Approve Planning Application 21-07 and Zoning Application 19-50 (ZA-17-16 A1), subject to conditions of approval.
1. Resolution
2. Filed Appeal Application
3. Planning Commission Resolution
4. Site Photos
5. Project Plans
6. Public Comments
Attachments:
13 REGULAR CITY COUNCIL AND
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Agenda November 15, 2022
3. APPROVAL OF GENERAL PLAN AMENDMENT 21-01 FOR THE CITY OF COSTA MESA 2021-2029 (SIXTH CYCLE) HOUSING ELEMENT
UPDATE (AS REVISED), AND ADOPTION OF A RESOLUTION TO
OVERRULE THE INCONSISTENCY DETERMINATION MADE BY THE
AIRPORT LAND USE COMMISSION FOR ORANGE COUNTY FOR
THE CITY OF COSTA MESA ’S 2021-2029 SIXTH CYCLE HOUSING
ELEMENT UPDATE
22-946
RECOMMENDATION:
Staff recommends the City Council:
1. Find that potentially significant effects on the environment have been adequately analyzed in the Initial Study /Mitigated Negative Declaration previously adopted on February 1, 2022 for the 2021-2029 (Sixth Cycle) Housing Element pursuant to State law, and find that none of the conditions described in CEQA Guidelines Section 15162 exist; therefore, no further action is required to comply with CEQA.
2. Approve Resolution No. 2022-XX to Overrule the Orange County Airport Land Use Commission ’s March 17, 2022 Determination that Costa Mesa ’s 2021-2029 (Sixth Cycle) Housing Element is inconsistent with the John Wayne Airport Environs Land Use Plan.
3. Approve Resolution No. 2022-XX to approve the City of Costa Mesa 2021- 2029 (Sixth Cycle) Housing Element (General Plan Amendment 21-01), as revised.
4. Direct the City Manager or designee to submit the adopted Housing Element to the State for certification, and authorize the City Manager or designee to make minor revisions to the adopted Housing Element as necessary to obtain State certification.
1. Housing Element revised (strikethrough underline version)
2. Housing Element Resolution
3. ALUC Overrule Resolution
4. HCD Comment Letter
5. ALUC and Caltrans comments
Attachments:
OLD BUSINESS: NONE.
14 REGULAR CITY COUNCIL AND
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Agenda November 15, 2022
NEW BUSINESS:
1. APPROVAL OF AMENDMENT TO CITYWIDE RENTAL ASSISTANCE
PROGRAM WITH MERCY HOUSE FUNDED BY THE AMERICAN
RESCUE PLAN ACT (ARPA)
22-930
RECOMMENDATION:
Staff recommends the City Council:
1. Approve proposed Amendment No. 3 (Attachment 1) to the Subrecipient Agreement (SRA) with Mercy House Living Centers increasing the compensation by $500,000 and authorize the appropriation of American Rescue Plan Act (ARPA) funds for program administration for the City ’s ARPA Rental Assistance Program for lower-income households.
2. Authorize the City Manager and City Clerk to execute all agreements and any amendments to the agreements.
1. Mercy House Amendment 3Attachments:
2. COMMITMENT OF $ 975,000 IN AMERICAN RESCUE PLAN ACT
FUNDS TO FAMILIES FORWARD FOR DEVELOPMENT OF THE
BUNGALOWS AFFORDABLE HOUSING PROJECT LOCATED AT
2039 POMONA AVENUE
22-940
RECOMMENDATION:
Staff recommends the City Council:
1. Approve the appropriation and allocation of $975,000 in American Rescue Plan Act (ARPA) funds, or any other viable source of funds, to Families Forward for the development of The Bungalows Project, an affordable housing project to serve an estimated 36 individuals, contingent upon the successful completion of a financial feasibility analysis by the City ’s third-party underwriting consultant, Keyser Marston Associates.
2. Authorize the City Manager or their designee to execute the Funding Agreement and all associated documents, as needed, to bring the project to fruition.
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Agenda November 15, 2022
3. APPROVE A COMMITMENT OF $ 850,000 OF LOW /MODERATE
INCOME HOUSING ASSET FUNDS TO CM MERCY HOUSE CHDO,
LLC, FOR THE CONVERSION OF THE MOTEL 6 INTO A HOMEKEY
PROJECT LOCATED AT 2274 NEWPORT BOULEVARD IN COSTA
MESA
22-939
RECOMMENDATION:
Staff recommends the City Council:
1. Approve an appropriation and allocation of $850,000 in Low /Moderate Income Housing Asset Funds to CM Mercy House CHDO LLC for development of the Motel 6 Project Homekey Housing Project.
2. Authorize the City Manager or their designee to execute the Funding Agreement and all associated documents, as needed, to bring the project to fruition and create an estimated 88 units of permanent affordable housing.
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Agenda November 15, 2022
4. ADOPTION OF THE 2022 - 2025 MEMORANDUM OF
UNDERSTANDING (MOU) BETWEEN THE CITY OF COSTA MESA
(CITY) AND THE COSTA MESA CITY EMPLOYEES ASSOCIATION
(CMCEA) AND THE ADOPTION OF ACCOMPANYING SALARY
RESOLUTIONS FOR CMCEA AND THE CONFIDENTIAL UNIT
22-953
RECOMMENDATION:
Staff recommends the City Council:
1. Approve and Adopt the 2022 - 2025 Memorandum of Understanding (MOU) between the City of Costa Mesa and the Costa Mesa City Employees Association (CMCEA);
2. Approve and Adopt Resolution Numbers 2022-XX, 2022-XX, 2022-XX, 2022 -XX, 2022-XX, and 2022-XX revising the pay ranges for CMCEA and the Confidential Unit (Attachments I - VII);
3. Approve the Fiscal Impact Analyses (Attachment VIII); and
4. Authorize the City Manager and members of the City ’s Negotiation Team to execute the MOU documents and appropriate into the respective departmental budgets.
1. CMCEA MOU
2. CMCEA Salary Resolution January 2023
3. CMCEA Salary Resolution July 2023
4. CMCEA Salary Resolution July 2024
5. Confidential Salary Resolution January 2023
6. Confidential Salary Resolution July 2023
7. Confidential Salary Resolution July 2024
8. CMCEA Fiscal Analyses
Attachments:
17 REGULAR CITY COUNCIL AND
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Agenda November 15, 2022
5. ADOPTION OF THE SIDE LETTER OF AGREEMENT BETWEEN THE
CITY OF COSTA MESA (CITY) AND THE COSTA MESA POLICE
ASSOCIATION (CMPA) AND THE ADOPTION OF ACCOMPANYING
SALARY RESOLUTION FOR CMPA
22-954
RECOMMENDATION:
Staff recommends the City Council:
1. Approve and Adopt the Side Letter of Agreement between the City of Costa Mesa and CMPA (Attachment I);
2. Approve and Adopt Resolution Number 2022-XX revising the pay ranges for CMPA (Attachment II);
3. Approve the Fiscal Impact Analyses (Attachment III);
4. Authorize the City Manager and members of the City ’s Negotiation Team to execute the Side Letter of Agreement documents, and amend the Fiscal Year 2022-23 Adopted Budget for the Police Department accordingly.
1. CMPA Side Letter
2. CMPA Salary Resolution January 2023
3. CMPA Fiscal Analyses
Attachments:
ADDITIONAL COUNCIL /BOARD MEMBER COMMITTEE REPORTS, COMMENTS, AND
SUGGESTIONS
ADJOURNMENT
18 City of Costa Mesa
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 22-948 Meeting Date: 11/15/2022
TITLE:
Proclamation: 2022 Movember
DEPARTMENT: City Manager’s Office
19 WHEREAS, Movember started in Australia in 2003 and has since become a global movement with over 6 million MoBros and MoSisters part of the initiative today; and WHEREAS, is uniquely observed to address the global health crisis among men and raise awareness for the three biggest health issues facing men: mental health and suicide prevention, prostate cancer and testicular cancer; and WHEREAS, men’s health is in crisis , and they are dying on average five years earlier than women, largely for preventable reasons; and
WHEREAS, 1 in 7 men will be diagnosed with prostate cancer in his lifetime , and treatment options for prostate cancer vary depending on a man’s age, stage, and grade of his cancer, as well as other existing medical conditions, and testicular cancer, is the most common cancer in males between the ages of 15 and 34; and WHEREAS, 1 in 4 adults in the U.S. will experience a mental health problem in any given year, and 87 men in the U.S. die by suicide every day; and WHEREAS, the City of Costa Mesa is committed to raising awareness about men’s health issues and their effect on fathers, sons, brothers, uncles, and husbands across Costa Mesa and the world; and
WHEREAS, the City of Costa Mesa encourages its residents to talk about their mental health and commit to a stigma-free culture; and
WHEREAS, the City of Costa Mesa joins commu nities across our nation to challenge men to grow and make a commitment to get active and MOVE.
NOW, THEREFORE, I, John B. Stephens, Mayor of the City of Costa Mesa, do hereby proclaim November 2022 as Movember, and urge all Costa Mesa residents to join in the movement to change the face of men’s health.
PRESENTED this 15th day of November 2022.
______________________________________________________
John B. Stephens, Mayor of the City of Costa Mesa
20 City of Costa Mesa
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 22-950 Meeting Date: 11/15/2022
TITLE:
2022 Hunger and Homelessness Awareness Week
DEPARTMENT: City Manager’s Office
21 WHEREAS, for over 30 years, the National Coalition for the Homeless and National Student Campaign against Hunger and Homelessness have sponsored National Hunger and Homelessness Awareness Week; and WHEREAS, the campaign’s goal is to edu cate the public about the many reasons people are hungry and homeless, including the shortage of affordable housing in Orange County for very low-income residents; and to encourage support for homeless assistance service providers as well as community service opportunities for students and school service organizations; and
WHEREAS, hunger, food, nutritional insecurity, and poverty are issues of vital concern in California , where over 4 million people face hunger and one in every 8 children does not know where their next meal will come from; and
WHEREAS, nutrition is the key to our community’s well-being, and steady, consistent access to nutritious food increases food security and helps build more resiliency for adults and children; and WHEREAS, the County’s three top causes of homelessness are related to employment, housing costs and family issues; and
WHEREAS, there are many non-profit and faith-based organizations committed to sheltering and providing supportive services as well as meals and foods supplies to people experiencing homelessness, including Bracken’s Kitchen, Families Forward, Trellis, Mercy House, Lighthouse Church, City Net, SPIN, Someone Cares Soup Kitchen, Share Our Selves, Project Hope Alliance, and United to End Homelessness; and WHEREAS, the City of Costa Mesa recognizes that hunger and homelessness continue to be a serious problem for many individuals and families in the community; and WHEREAS, the City of Costa Mesa has demonstrated an unwavering commitment to its most vulnerable residents by addressing quality-of-life issues and collaborating with community partners to ensure that all who seek help are met with compassionate and comprehensive support services.
NOW, THEREFORE, I, John B. Stephens, Mayor of the City of Costa Mesa, do hereby proclaim November 12 - 20, 2022, as Hunger & Homelessness Aw areness Week. I encourage all Costa Mesa residents to join us in ending hunger and homelessness by participating and supporting all the local organization’s efforts to prevent hunger among individuals and families, thereby strengthening the community in which we live.
PRESENTED this 15th day of November 2022.
_____________________________________________________
John B. Stephens, Mayor of the City of Costa Mesa
22 City of Costa Mesa
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File #: 22-951 Meeting Date: 11/15/2022
TITLE:
Proclamation: Law Enforcement Records and Support Personnel Day DEPARTMENT: City Manager’s Office
23 WHEREAS, the protection of California’s communities is dependent not only on the individuals who devote their time and energy to the duties of law enforcement service but also on members of the support staff , such as law enforcement records and support personnel, who devote countless hours to performing the duties that keep law enforcement agencies running smoothly; and WHEREAS, law enforcement records and support personnel in Costa Mesa play a crucial role in helping law enforcement agencies identify, pursue, capture, and process suspected lawbreakers, and they continually share their invaluable expertise and experience to assist in tracking felons, maintain criminal statistics, and improve apprehension strategies; and
WHEREAS, the Costa Mesa Police Records Bureau staff processes and maintains thousands of police reports and public records requests annually; and WHEREAS, the Costa Mesa Property and Evidence Unit properly preserves and maintains all incoming property and processes 10,000 evidence items per year and releases/destroys an average of 8,000 annually; and WHEREAS, it is important to recognize the City of Costa Mesa’s law enforcement records and support personnel for their valuable contributions to our law enforcement system.
NOW, THEREFORE, I, John B. Stephens, Mayor of the City of Costa Mesa , do hereby proclaim November 8, 2022, as Law Enforcement Records and Support Personnel Day . I encourage all Costa Mesa residents to pay tribute to our records and support personnel and recognize their contributions to protecting our safety and quality of life.
PRESENTED this 15th day of November 2022.
____________________________________________________
John B. Stephens, Mayor of the City of Costa Mesa
24 City of Costa Mesa
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 22-949 Meeting Date: 11/15/2022
TITLE:
Proclamation: 2022 World Kindness Day
DEPARTMENT: City Manager’s Office
25 WHEREAS, kindness is a fundamental part of the human condition, which bridges the division of race, religion, politics, and gender; and
WHEREAS, World Kindness Day is observed around the world on November 13 to inspire individuals and the nation to create a kinder world by establishing independent kindness programs and projects in cities, schools, and communities across the globe; and
WHEREAS, World Kindness Day reminds all of us that compassion, empathy, humility, and respect are essential ingredients in the creation and maintenance of a kind and civilized society; and
WHEREAS, simple acts of kindness promote healthy behaviors and positive dynamics within our community; and
WHEREAS, the Let’s Be Kind campaign makes our schools and community stronger by facilitating meaningful change through simple acts of kindness to create a healthy environment for all students on school campuses; and
WHEREAS, by fostering acts of kindness within the Costa Mesa community, we help our residents develop a thoughtful foundation and perspective within themselves and those around them; and
WHEREAS, the City of Costa Mesa seeks to cultivate compassion and kindness throughout our City and local communities.
NOW, THEREFORE, BE IT RESOLVED, I, John B. Stephens, Mayor of the City of Costa Mesa, hereby proclaim November 13, 2022, as World Kindness Day. I urge all Costa Mesa residents to recognize and celebrate this day with kind gestures toward others. Kindness is contagious, and we can all participate in our ways.
PRESENTED this 15th day of November 2022.
__________________________________________
John B. Stephens, Mayor of Costa Mesa
26 City of Costa Mesa
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Costa Mesa, CA 92626
File #: 22-936 Meeting Date: 11/15/2022
TITLE:
PROCEDURAL WAIVER: WAIVE THE FULL READING 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.
27 City of Costa Mesa
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 22-941 Meeting Date: 11/15/2022
TITLE:
READING FOLDER
DEPARTMENT: City Manager’s Office/City Clerk’s Division RECOMMENDATION:
City Council receive and file Claims received by the City Clerk: Alexander Gonzalez.
28 City of Costa Mesa
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 22-945 Meeting Date: 11/15/2022
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. 2690.
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. 22-22 On Cycle for $ 2,988,163.63; and City operating expenses for $ 2,926,531.21.
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Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 22-943 Meeting Date: 11/15/2022
TITLE:
MINUTES
DEPARTMENT: City Manager’s Office/City Clerk’s Division RECOMMENDATION:
City Council approve the Minutes of the Regular meeting of November 1, 2022.
78 Minutes – Regular Meeting – November 1, 2022 Page 1 of 7
REGULAR CITY COUNCIL AND SUCCESSOR AGENCY TO THE
REDEVELOPMENT AGENCY AND HOUSING AUTHORITY
NOVEMBER 1, 2022 - MINUTES
CALL TO ORDER – The Closed Session meeting was called to order by Mayor Stephens at 4:02 p.m.
ROLL CALL
Present: Council Member Gameros, Council Member Harlan, Council Member Reynolds (arrived 4:03 p.m.), Mayor Pro Tem Marr, and Mayor Stephens.
Absent: Council Member Chavez and Council Member Harper.
PUBLIC COMMENTS – NONE.
CLOSED SESSION ITEMS:
1. CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to California Government Code Section 54957.6, (a) Agency Designated Representative: Lori Ann Farrell Harrison, City Manager Name of Employee Organization: Costa Mesa City Employees Association (CMCEA).
2. CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to California Government Code Section 54957.6 (a) Agency Designated Representative: Lori Ann Farrell Harrison, City Manager Name of Employee Organization: Costa Mesa Police Association (CMPA).
City Council recessed at 4:03 p.m. for Closed Session.
Closed Session adjourned at 4:48 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 6:00 p.m.
NATIONAL ANTHEM AND PLEDGE OF ALLEGIANCE - Led by Mr. Jimmy Vivar.
MOMENT OF SOLEMN EXPRESSION - Led by Pastor Phil Eyskens from Lighthouse Church.
ROLL CALL
Present: Council Member Gameros, Council Member Harlan, Council Member Reynolds, Mayor Pro Tem Marr, and Mayor Stephens.
Absent: Council Member Chavez and Council Member Harper. 79 Minutes – Regular Meeting – November 1, 2022 Page 2 of 7 CITY ATTORNEY CLOSED SESSION REPORT – No reportable action.
PRESENTATIONS:
Mayor Stephens presented the 2022 National Native American Heritage Month proclamation to Barbara Steck, President of the Costa Mesa Historical Society.
Mayor Stephens presented the 2022 Veterans Day proclamation to Jodie Merkle, Team Red, White, and Blue Orange County Chapter Captain.
PUBLIC COMMENTS – MATTERS NOT LISTED ON THE AGENDA
Wendy Simao spoke on noise concerns at The 12 Gym.
Speaker, spoke on the Coronavirus.
Speaker, requested an update on the status of the Housing Element, spoke on an alternative plan if Measure K fails, and spoke on transparency in the process.
Jay Humphrey spoke against Measure K, spoke on citizens not able to hold town hall meetings at City facilities, and spoke on the lack of an inclusionary housing ordinance.
Linda Kraemer spoke in support of Measure K, spoke on sustainable living and community outreach.
Chris Corum spoke on a fire at his home.
Ben Chapman spoke on social media posts and against Measure K.
Speaker, spoke in support of Measure K.
Hank Castignetti representing Orange County Model Engineers, thanked Mayor Stephens, Council Member Gameros, and Supervisor Foley for proclamations, and spoke on the Toys for Tots toy drive on November 19th and 20th.
Speaker, spoke on National Native Heritage Month and having local Native Americans accept the Proclamation, spoke on the Animal Services Committee, and spoke against Measure K.
Speaker, spoke against Measure K.
COUNCIL MEMBER COMMITTEE REPORTS, COMMENTS, AND SUGGESTIONS Council Member Gameros spoke on Halloween, thanked staff and the Police and Fire Departments.
Council Member Harlan requested a report on The 12 Gym, an update on the crosswalk on Tustin Ave., spoke on a recent house fire and the family being displaced, and on housing affordability.
80 Minutes – Regular Meeting – November 1, 2022 Page 3 of 7 Council Member Reynolds provided an update on the Fairview Park Steering Committee and the Master Planning process that will be in collaboration with Banning Ranch and Talbert Park, provided an update on the Active Transportation Committee, spoke on the new Arts Commission, and spoke on murals being defaced.
Mayor Pro Tem Marr spoke on murals being defaced, thanked Police and Fire Departments, spoke on Senator Min’s town hall meeting, spoke on being a Veteran and Team Red, White and Blue, and spoke on the history of The Iron Riders.
Mayor Stephens spoke on the Trestle Bridge rededication ceremony, attending the Vanguard University groundbreaking ceremony for the Freed Center for Leadership and Service, attending the Human Options Shine the Light event, and adjourning the meeting in honor of Judge Francis Munoz.
CITY MANAGER REPORT – Ms. Farrell Harrison spoke on the four Vote Centers in Costa Mesa, spoke on the Merrimac Way Project winning the Planning Project Award, Dump Day on November 19th, congratulated the CMTV3 team that won eight first place and two third place awards for video productions and programming, thanked all Veterans for their service, spoke on the Housing Element Update, and Ms. Le, Director of Economic and Development Services provided an update on The 12 Gym.
CITY ATTORNEY REPORT – Ms. Hall Barlow provided an update on the Camp Lila litigation and that the case was dismissed by Federal Court, responded to Mr. Corum’s complaints, and spoke on honoring Veterans Day.
CONSENT CALENDAR (Items 1-7)
MOVED/SECOND: Council Member Harlan/Council Member Reynolds MOTION: Approve recommended actions for Consent Calendar Item Nos. 1 through 7 except for 6.
The motion carried by the following roll call vote:
Ayes: Council Member Gameros, Council Member Harlan, Council Member Reynolds, Mayor Pro Tem Marr, and Mayor Stephens.
Nays: None
Absent: Council Member Chavez and Council Member Harper.
Abstain: Mayor Stephens recused himself on item 3 the Warrant Resolution due to campaign contributions received.
Motion carried: 5-0
1. PROCEDURAL WAIVER: WAIVE THE FULL READING 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.
81 Minutes – Regular Meeting – November 1, 2022 Page 4 of 7
2. READING FOLDER
ACTION:
City Council received and filed Claims received by the City Clerk: Mercury Insurance Company, Abel Cirio Diaz, Fernanda Gomes Da Silva, Keith Riggert.
3. ADOPTION OF WARRANT RESOLUTION
Mayor Stephens recused himself on item 3 the Warrant Resolution due to campaign contributions received.
ACTION:
City Council approved Warrant Resolution No. 2689.
4. MINUTES
ACTION:
City Council approved the Minutes of the Regular meeting of October 18, 2022.
5. EXTENSION OF RESOLUTION NO. 2022-62 TO ALLOW MEMBERS OF THE CITY
COUNCIL, COMMISSIONS AND COMMITTEES TO PARTICIPATE IN THE
MEETINGS REMOTELY, AS NEEDED, DUE TO HEALTH AND SAFETY CONCERNS FOR THE MEMBERS AND THE PUBLIC PURSUANT TO ASSEMBLY BILL 361 ACTION:
City Council extended Resolution 2022-62 to allow the members of the City Council, Commission, and Committees to participate in the meetings remotely, as needed, via Zoom due to:
1. The current State of Emergency and global pandemic, which continues to directly impact the ability of the members of the City’s legislative bodies to meet safely in person; and
2. Federal, State and/or local officials continue to impose or recommend measures to promote social distancing.
7. SECOND READING AND ADOPTION OF AN ORDINANCE AMENDING TITLE 5, BUILDINGS AND CONSTRUCTION AND TITLE 7, FIRE PROTECTION AND PREVENTION, OF THE COSTA MESA MUNICIPAL CODE TO ADOPT THE 2022
EDITION OF THE CALIFORNIA BUILDING STANDARDS CODE, AS LOCALLY
AMENDED, AND THE ORANGE COUNTY GRADING AND EXCAVATION CODE ACTION:
City Council gave second reading to and adopted Ordinance 2022-07, which amends Title 5, Buildings and Construction, and Title 7, Fire Protection and Prevention, of the Costa Mesa Municipal Code to adopt the 2022 Edition of the California Building Standards Code, as locally amended, and the current edition of the Orange County Grading and Excavation Code.
82 Minutes – Regular Meeting – November 1, 2022 Page 5 of 7
ITEMS PULLED FROM THE CONSENT CALENDAR
6. ACCEPTANCE OF THE NEW TRAFFIC SIGNAL AT BAKER STREET AND RANDOLPH AVENUE PROJECT, CITY PROJECT NO. 21-01
Public Comments:
Marc Vukcevich spoke in support of the project.
MOVED/SECOND: Mayor Pro Tem Marr/Council Member Harlan
MOTION: Approve recommended actions.
The motion carried by the following roll call vote:
Ayes: Council Member Gameros, Council Member Harlan, Council Member Reynolds, Mayor Pro Tem Marr, and Mayor Stephens.
Nays: None
Absent: Council Member Chavez and Council Member Harper.
Abstain: Mayor Stephens recused himself on item 3 the Warrant Resolution due to campaign contributions received.
Motion carried: 5-0
ACTION:
1. City Council accepted the work performed by PTM General Engineering Services, Inc. (PTM) for the New Traffic Signal at Baker Street and Randolph Avenue Project, City Project No. 21-01, and authorize the City Clerk to file the Notice of Completion.
2. Authorized the City Manager to release the retention monies thirty-five (35) days after the Notice of Completion filing date; release the Labor and Material Bond seven (7) months after the filing date; and release the Faithful Performance Bond one (1) year after the filing date.
----------------------------------------END OF CONSENT CALENDAR----------------------------------------- PUBLIC HEARINGS:
(Pursuant to Resolution No. 05-55, Public Hearings begin at 7:00 p.m.)
1. EXTENSION OF URGENCY ORDINANCE 2020-15 SUSPENDING CERTAIN PERMIT
REQUIREMENTS AND DEVELOPMENT STANDARDS FOR OUTDOOR ACTIVITIES DUE TO THE COVID-19 PANDEMIC
Presentation by Ms. Le, Economic and Development Services Director.
Public Comments:
Tim Taber spoke in support of the outdoor dining spaces and streamlining the process, and requested a longer extension.
Marc Vukcevich spoke in favor of the item and on AB 2097 regarding parking minimums.
83 Minutes – Regular Meeting – November 1, 2022 Page 6 of 7 MOVED/SECOND: Mayor Pro Tem Marr/Mayor Stephens
MOTION: Approve the extension through December 31, 2023.
The motion carried by the following roll call vote:
Ayes: Council Member Gameros, Council Member Harlan, Council Member Reynolds, and Mayor Pro Tem Marr.
Nays: Mayor Stephens
Absent: Council Member Chavez and Council Member Harper.
Abstain: None
Motion carried: 5-0
ACTION:
1. City Council extended Urgency Ordinance 2020-15 to December 31, 2023.
2. Provided direction to prepare a Code amendment to modify development standards and streamline the approval process for outdoor dining in Costa Mesa.
OLD BUSINESS: NONE.
NEW BUSINESS: NONE.
ADDITIONAL COUNCIL/BOARD MEMBER COMMITTEE REPORTS, COMMENTS, AND SUGGESTIONS – NONE.
ADJOURNMENT – The Mayor adjourned the meeting at 7:44 p.m. in memory of Judge Francis Munoz.
84 Minutes – Regular Meeting – November 1, 2022 Page 7 of 7 Minutes adopted on this 15th day of November, 2022.
___________________________
John Stephens, Mayor
ATTEST:
___________________________
Brenda Green, City Clerk
85 City of Costa Mesa
Agenda Report
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Costa Mesa, CA 92626
File #: 22-934 Meeting Date: 11/15/2022
TITLE:
REQUEST TO CANCEL THE REGULAR CITY COUNCIL MEETING OF JANUARY 3, 2023 DEPARTMENT: CITY MANAGER’S OFFICE /CITY CLERK DIVISION
PRESENTED BY: BRENDA GREEN, CITY CLERK
CONTACT INFORMATION: BRENDA GREEN, CITY CLERK, 714-754-5221 RECOMMENDATION:
Staff recommends the City Council cancel the regular meeting of Tuesday, January 3, 2023.
BACKGROUND:
Typically, the City conducts regularly scheduled City Council meetings on the first and third Tuesdays of the month. However, the January 3, 2023 regular meeting follows the holidays and the closure of City Hall from Friday, December 23, 2022 through Monday, January 2, 2023. Hence, it is recommended that the January 3, 2023 regular Council meeting be cancelled due to this timing. The regular Council meeting of January 17, 2023 will still be held.
ANALYSIS:
To ensure the City can conduct its business and accommodate schedules and deadlines due to the holidays, staff is proposing to cancel the regular meeting on Tuesday, January 3, 2023.
ALTERNATIVES:
City Council could choose to provide alternate direction.
FISCAL REVIEW:
There is no fiscal impact to approving this item.
LEGAL REVIEW:
The City Attorney’s Office has reviewed the report and approved as to form.
CITY COUNCIL GOALS AND PRIORITIES:
This item is administrative in nature.
CONCLUSION:
Staff recommends the City Council cancel the regular meeting of Tuesday, January 3, 2023.
86 City of Costa Mesa
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 22-937 Meeting Date: 11/15/2022
TITLE:
APPROVAL OF MAYOR’S APPOINTMENT TO THE ORANGE COUNTY VECTOR CONTROL
DISTRICT
DEPARTMENT: CITY MANAGER’S OFFICE/CITY CLERK DIVISION
PRESENTED BY: BRENDA GREEN, CITY CLERK
CONTACT INFORMATION: BRENDA GREEN, CITY CLERK, 714-754-5221 RECOMMENDATION:
Staff recommends the City Council approve Mr. Bill Turpit as the Mayor’sappointment to the Orange County Vector Control District (OCVCD).
BACKGROUND:
The City Council is represented on a number of committees, boards and agencies throughout the County. In most cases, the Mayor has the authority to appoint the Council representative. However, the by-laws of the Vector Control District require formal Council approval of the Mayor’sappointment.
The Vector Control appointment can be a resident of Costa Mesa that is registered to vote.
ANALYSIS:
The Mayor has put forth the following Council appointment:
AGENCY APPOINTEE ALTERNATE
OCVCD Mr. Bill Turpit No Alternate Required
ALTERNATIVES:
City Council may choose to not make an appointment, and therefore have no Costa Mesa representation at the Orange County Vector Control District (OCVCD) meeting.
FISCAL REVIEW:
There is no fiscal impact.
LEGAL REVIEW:
The City Attorney’s Office has reviewed this report and has approved it as to form.
87 File #: 22-937 Meeting Date: 11/15/2022
CITY COUNCIL GOALS AND PRIORITIES:
This item is administrative in nature.
CONCLUSION:
Staff recommends the City Council approve Mr. Bill Turpit as the Mayor’sappointment to the Orange County Vector Control District (OCVCD).
88 City of Costa Mesa
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 22-942 Meeting Date: 11/15/2022
TITLE:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA SUPPORTING THE
IRANIAN-AMERICAN COMMUNITY AND CONDEMNING VIOLENCE AGAINST WOMEN DEPARTMENT: CITY MANAGER’S OFFICE
PRESENTED BY: ALMA REYES, ASSISTANT TO THE CITY MANAGER CONTACT INFORMATION: ALMA REYES, ASSISTANT TO THE CITY MANAGER, (714) 754- 5090
RECOMMENDATION:
City Council consideration to adopt Resolution 2022-XX in support of the Iranian-American community and condemning violence against women.
BACKGROUND:
On September 13, 2022, Mahsa Amini, a 22-year-old Kurdish woman from the northwestern city of Saqez, was arrested in Tehran by Iran’smorality police for not wearing a “proper”hijab or head scarf in compliance with religiously-grounded laws. Police reportedly beat her and took her to Vozara Police Station, where she was reportedly beaten again and later transferred to a hospital after suffering a heart attack or stroke.
Mahsa Amini reportedly later fell into a coma, and on September 16, 2022, she passed away in the hospital. Authorities claim Amini died from underlying health reasons.
Since the announcement of Mahsa Amini’sdeath, there has been an eruption of nationwide protests in the Islamic Republic of Iran, demanding accountability for her death and calling for an end to violence and discrimination against women and girls in Iran.
The government of Iran has committed additional acts of violence and numerous human rights violations against its own people, particularly against women and girls, including but not limited to the killing of over 200 civilians; gassing of an all-girls elementary school; shooting and killing of students at the Sharif University of Technology; threats of sexual violence as a means to silence opposition; and the burning of Evin Prison that holds political prisoners, intellectuals, reporters, and journalists.
Following the tragic death of 22-year-old Mahsa Amini in the custody of the morality police, the Iranian government has since cracked down on the right to freedom of expression and the right to peaceful assembly, including shutting down access to the internet.
At the October 18, 2022 City Council meeting, multiple Council Members expressed strong
89 File #: 22-942 Meeting Date: 11/15/2022
At the October 18, 2022 City Council meeting, multiple Council Members expressed strong opposition to these reported violations of human rights and requested that staff prepare a Resolution condemning the actions of Iran’smorality police against women and girls in Iran and to support the people of Iran in their efforts to defend their human rights and fundamental freedoms. At the request of the City Council, the attached Resolution has been drafted for your consideration.
ANALYSIS:
Since the death of Mahsa Amini, demonstrations have taken place in at least 40 cities throughout Iran, including the capital of Tehran, with protestors demanding an end to violence and discrimination against women and the end of the mandatory wearing of the hijab. Hijabs are obligatory to wear in public, regardless of religion or nationality. Further, Iranian women have lost the right to travel, the right to work, and the right to child custody after the child turns seven years old.
The protests have expanded from being solely focused on women’sequality to Iranians expressing frustration over a wide range of issues, including living conditions, corruption, and economic mismanagement under the existing regime. While these challenges are being faced by women and girls in a country far from the United States, there is a large Iranian-American community in Southern California and the country that is calling for assistance from the United States and the global community to stand united in the cause to protect basic human rights for all women and girls in Iran and around the world.
As the United States Constitution stands for equality and democracy for all, foreign actions against women and girls represent human rights violations that threaten the stability of freedom and democracy worldwide. As such, City Council consideration is requested of the attached Resolution condemning violence against women in Iran.
ALTERNATIVES:
The City Council can provide additional direction to staff regarding the Resolution.
FISCAL REVIEW:
The adoption of the proposed Resolution will not have any fiscal impact on the City’s budget.
LEGAL REVIEW:
The City Attorney’s Office has reviewed the staff report and prepared the Resolution, and approves them as to form.
CITY COUNCIL GOALS AND PRIORITIES:
This item supports the following City Council Goal:
· Strengthen the Public’s Safety and Improve the Quality of Life
90 File #: 22-942 Meeting Date: 11/15/2022
CONCLUSION:
City Council consider the adoption of Resolution 2022-XX in support of the Iranian-American community and condemning violence against women. By adopting this Resolution, the City Council is affirming its strong support for the right of all people of Iran, particularly women, to live a life without repression, brutal violence, and restrictions to basic human rights.
91 Attachment 1
RESOLUTION NO. 2022-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA,
SUPPORTING ITS IRANIAN-AMERICAN COMMUNITY AND CONDEMNING THE VIOLENCE
PERPETRATED BY THE GOVERNMENT OF IRAN AGAINST ITS PEOPLE
THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA HEREBY FINDS, DETERMINES, AND DECLARES AS FOLLOWS:
WHEREAS, the rights of life, liberty, and the pursuit of happiness are endowed to all men and women by their Creator; and
WHEREAS, suspicious circumstances surround the September 16, 2022 death of Mahsa Amini who was detained by law enforcement for allegedly failing to adhere to hijab (headscarf) rules and died three days later while in custody; and
WHEREAS, the eruption of nationwide protests in the Islamic Republic of Iran began on September 17, 2022 in response to the death of Ms. Amini, who was 22 years old, and a member of the Kurdish minority; and
WHEREAS, demonstrations have taken place in at least 40 cities throughout Iran, including the capital Tehran, with protesters demanding an end to violence and discrimination against women and an end to the mandatory wearing of the hijab; and
WHEREAS, hijabs are obligatory for women in Iran to wear in public, regardless of religion or nationality. Since the Islamic Revolution of 1979, civil liberties groups continue to spotlight the suppression of women in the Islamic Republic of Iran. Iranian women have since lost many of their rights; and
WHEREAS, the death of Mahsa Amini has inspired numerous and ongoing protests throughout Iran, which the government of Iran has now blamed on the United States; and
WHEREAS, the main slogan of protesters now is “Woman, Life, Freedom,” a call for women’s equality and a stance against religious fundamentalism; and
WHEREAS, as of September 24, 2022, 1,200 protesters have been arrested and dozens of protestors have been reportedly killed; and
WHEREAS, the government of Iran has committed additional acts of violence and numerous human rights violations against its own people, particularly against women, including but not limited to the killing of more than 200 civilians, the gassing of an all-girls elementary school, the shooting and killing of students at Sharif University of Technology, the threatening of sexual violence as a means of silencing opposition, and the burning of Evin Prison that holds political prisoners, intellectuals, reporters, and journalists; and 92 Attachment 1
WHEREAS, the government of Iran has restricted the people's access to internet, phone, and other forms of communication;
NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Costa Mesa, as follows:
A. That the City of Costa Mesa stands with its Iranian-American community members, particularly Iranian-American women, as their relatives and associates are suffering through the current injustices in Iran.
B. That the City of Costa Mesa condemns the violent acts that are being perpetrated against the Iranian people.
C. That the City of Costa Mesa calls upon the government of Iran to end its systemic human rights violations.
D. That the City of Costa Mesa calls upon other governments to join in the support of Iranians, in Iran and abroad, and the condemnation of the government of Iran’s violent acts against its own people.
PASSED AND ADOPTED this 15th day of November, 2022.
______________________________
John Stephens, Mayor
ATTEST: APPROVED AS TO FORM:
______________________________ ______________________________ Brenda Green, City Clerk Kimberly Hall Barlow, City Attorney
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF COSTA MESA )
I, BRENDA GREEN, City Clerk of the City of Costa Mesa, DO HEREBY CERTIFY that the above and foregoing is the original of Resolution No. 2022-XX and was duly passed and adopted by the City Council of the City of Costa Mesa at a regular meeting held on the 15th day of November, 2022, by the following roll call vote, to wit:
93 Attachment 1
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the City of Costa Mesa this 16th day of November, 2022.
__________________________
Brenda Green, City Clerk
(SEAL)
94 City of Costa Mesa
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 22-924 Meeting Date: 11/15/2022
TITLE:
ADAMS AVENUE AND PINECREEK DRIVE INTERSECTION PROJECT - AMENDMENT NO. 1 TO
THE PROFESSIONAL SERVICES AGREEMENT FOR ENGINEERING DESIGN SERVICES DEPARTMENT: PUBLIC WORKS DEPARTMENT/ TRANSPORTATION
SERVICES DIVISION
PRESENTED BY: RAJA SETHURAMAN, PUBLIC WORKS DIRECTOR
CONTACT INFORMATION: JENNIFER ROSALES, TRANSPORTATION SERVICES MANAGER, (714) 754-5343
RECOMMENDATION:
Staff recommends the City Council:
1. Approve proposed Amendment No. 1 to the Professional Services Agreement (PSA) with KOA Corporation increasing the maximum compensation by $30,230, for a total not-to-exceed amount of $141,017.
2. Authorize the City Manager and the City Clerk to execute the amendment and any future amendments to the agreement.
BACKGROUND:
The City received a federal Bicycle Corridor Improvement Program (BCIP) grant as well as a contribution from the Coast Community College District to design and construct pedestrian and bicycle improvements at the intersection of Adams Avenue and Pinecreek Drive. This project is in the final design phase and is anticipated to be ready for construction authorization by spring 2023. The project will improve pedestrian and bicycle mobility and access in the area.
A PSA with KOA Corporation was approved by the City Council on March 16, 2021 for engineering design services of the Adams Avenue and Pinecreek Drive Intersection Project. The scope of work for the engineering design services of the project includes the following:
· New/additional crosswalk on the west leg of the intersection crossing Adams Avenue · Conversion of the northbound right turn slip lane to a conventional right turn lane · Modifications to the eastbound right turn lane
· Class II bicycle lanes in the City’s right-of-way
· Sidewalk and Americans with Disabilities Act (ADA) ramp improvements · Relocation of the bus stop on eastbound Adams
· Traffic signal modifications to accommodate these improvements
95 File #: 22-924 Meeting Date: 11/15/2022
This project is being designed concurrently with the Adams Avenue Bicycle Facility Project from Harbor Boulevard to Fairview Road to provide a cohesive pedestrian and bicycle infrastructure design along the corridor. The Adams Avenue Bicycle Facility project includes Class II bicycle lanes and Class IV cycle tracks. Extensive public outreach has been conducted for both projects including two public outreach meetings, three stakeholder meetings with Orange Coast College, and a presentation to the Active Transportation Committee.
ANALYSIS:
Through the project’sdesign concept development process with the Active Transportation Committee as well as public outreach, a project design concept with Class I off-street multi-use paths on Adams Avenue emerged as the most desired project design alternative. The Class I multi-use paths connect to the Adams Avenue at Pinecreek Drive intersection on the northeast and southwest corners and provide a separation between active transportation users (pedestrians and bicyclists) and vehicles.
The Class I multi-use paths will improve accessibility for pedestrians and bicyclists and improve multi -modal circulation. The reconfiguration of the intersection will slow right turning vehicles entering and exiting Orange Coast College and reduce conflict points.
The scope of work for the Adams Avenue at Pinecreek Drive Intersection project included Class II bicycle lanes. However, the design effort required for the option with Class I off-street multi-use paths is greater than the design effort for Class II bicycle lanes within the City’sright-of-way. This work includes additional civil engineering design sheets (grading, utility, plan and profile), design details and sections, right-of-way and utility coordination, and additional project team meetings.
Staff recommends the City Council approve the amendment to the PSA with KOA Corporation for the Adams Avenue and Pinecreek Drive Intersection Project in the amount of $30,230 for additional design services. Staff also requests City Council authorization for the City Manager and the City Clerk to execute the amendment and future authorized changes and amendments to the agreement.
ALTERNATIVES:
One alternative would be to not approve Amendment No. 1 to the PSA. However, this would result in staff’sinability to complete the additional design effort and result in delays in the completion of the design. This could jeopardize the project’s federal grant funding for both the design and construction.
FISCAL REVIEW:
Funding of the proposed amendment to the PSA with KOA Corporation is available in the existing Capital Improvement Project funds for the Adams Avenue and Pinecreek Drive Improvements Project approved in Fiscal Year 2020-21 budget.
LEGAL REVIEW:
The City Attorney’s Office has reviewed this report, prepared the proposed amendment, and approves them as to form.
96 File #: 22-924 Meeting Date: 11/15/2022
CITY COUNCIL GOALS AND PRIORITIES:
This item supports the following City Council Goals:
· Strengthen the Public’s Safety and Improve the Quality of Life · Advance Environmental Sustainability and Climate Resiliency CONCLUSION:
Staff recommends the City Council:
1. Approve proposed Amendment No. 1 to the PSA with KOA Corporation increasing the maximum compensation by $30,230, for a total not-to-exceed amount of $141,017.
2. Authorize the City Manager and the City Clerk to execute the amendment and any future amendments to the agreement.
97 1
KOA Corporation
Amendment One
Rev. 08-2022
AMENDMENT NUMBER ONE
TO PROFESSIONAL SERVICES AGREEMENT
WITH
KOA CORPORATION
This Amendment Number One (“Amendment”) is made and entered into this 15th day of November 2022 (“Effective Date”), by and between the CITY OF COSTA MESA, a municipal corporation (“City”), and KOA CORPORATION, a California corporation (“Consultant”).
WHEREAS, City and Consultant entered into an agreement on March 16, 2021 for Consultant to provide engineering des ign services in connection with the Adams Avenue and
Pinecreek Drive Intersection Project (the “Agreement”); and
WHEREAS,
City and Consultant desire to amend the Scope of Services to include the additional
services set forth in Exhibit “A,” attached hereto and incorporated herein by this reference; and
WHEREAS, City desires to increase Consultant’s maximum compensation by Thi
rty Thousand Two Hundred and Thirty Dollars ($30,230.00).
NOW,
THEREFORE, for valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the parties agree as follows:
1. The Sc
ope of Services shall be amended to include the additional services set forth in Exhibit A.
2. Sec
tion 3.5 of the Agreement shall be amended to reflect that Consultant’s total compensation shall not exceed One Hundred and Forty-One Thousand Seventeen Dollars and Three Cents ($141,017.03). Consultant shall be paid according to the fee schedule set forth in the Agreement and Exhibit A of this Amendment.
3. Al
l terms not defined herein shall have the same meaning and use as set forth in the Agreement.
4. Al
l other terms, conditions, and provisions of the Agreement not in conflict with this Amendment shall remain in full force and effect.
5. This
Amendment 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.
IN
WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed by and through their respective authorized officers, as of the date first written above.
CONS
ULTANT
________________________________ D
ate: __________________________
Signature
________________________________
Name and Title
ATTACHMENT 1
98 2
KOA Corporation
Amendment One
Date:
__________________________
Date:
__________________________
Date:
__________________________
Date:
__________________________
Date:
__________________________
Date:
__________________________
CITY OF COSTA MESA
__________________________________
Lori Ann Farrell Harrison
City Manager
ATTEST:
__________________________________
Brenda Green
City Clerk
APPROVED AS TO FORM:
__________________________________
Kimberly Hall Barlow
City Attorney
APPROVED AS TO INSURANCE:
__________________________________
Ruth Wang
Risk Management
APPROVED AS TO CONTENT:
__________________________________
Ramin Nikoui
Project Manager
DEPARTMENTAL APPROVAL:
__________________________________
Raja Sethuraman
Public Works
Director
APPROVED AS TO PURCHASING:
__________________________________
Carol Molina
Finance Director
Rev. 08-2022
99 3
KOA Corporation
Amendment One
Rev. 08-2022
EXHIBIT A
100
4 2141 W. Orangewood Avenue, Orange, CA 92868
T: 714.573.0317 | F: 714.573.9534 | www.koacorp.com
MONTEREY PARK ORANGE ONTARIO SAN DIEGO
O
ctober 6, 2022
Ramin Nikoui, PE
Associate Engineer
City of Costa Mesa
77 Fair Drive, 4th Floor
Costa Mesa, CA 92628
Subject: Change Order Request for Adams/Pinecreek Project Ramin:
As discussed several times, the scope of work for the subject project has expanded significantly since the agreement was approved in 2021.
The original concept per the RFP proposed Class II bike lanes and a continuation of the EB slip ramp. As the project developed, including extensive feedback during the public outreach, the design changed significantly to improve safety for the bicyclists and pedestrians.
The Class II bike lane was revised to transition to a Class I trail eastbound and westbound approaching Pinecreek. This refinement alleviates the safety concerns expressed by bicyclists about having a long segment of Class II bike lane sandwiched between the outside through lane and the right turn lane. It also provides for a smoother transition from eastbound Adams to the college for bicyclists and the elimination of the existing eastbound slip ramp significantly improves pedestrian safety.
In conjunction with these revisions, KOA attended additional meeting with OCC staff to get concurrence on the changes as well as to coordinate the design revisions.
Additionally, we are requesting for construction support on an as-needed basis.
The additional effort to incorporate the changes noted above is $20,230 for the revised design plus $10,000 for construction support. Please provide written authorization for $30,230.
If you have any questions, please do not hesitate to call.
Sincerely,
KOA Corporation
Matt Stepien, P.E.
Project Manager
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City of Costa Mesa
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 22-925 Meeting Date: 11/15/2022
TITLE:
POLICE DEPARTMENT UNDERGROUND STORAGE TANK CLOSURE PROJECT, CITY PROJECT NO. 22-02
DEPARTMENT: PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION PRESENTED BY: RAJA SETHURAMAN, PUBLIC WORKS 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 Police Department Underground Storage Tank Closure Project, City Project No. 22-02.
2. Award a Public Works Agreement (PWA) to American Integrated Services, Inc., 1502 E. Opp Street, Wilmington, CA 90744 in the amount of $156,680.
3. Authorize an additional ten percent (10%) contingency in the amount of $15,668 as needed for any unforeseen costs related to this project.
4. Approve a budget adjustment authorizing the use of unappropriated fund balance in the Capital Improvement Fund (401) in the amount of $48,616 and appropriate said funds to the Police Department Underground Storage Tank Closure Project (Project 200066).
5. Authorize the City Manager and City Clerk to execute the PWA and future amendments to the agreement within Council authorized limits.
BACKGROUND:
The Police Department Underground Storage Tank (UST) has been out-of-service for a few years.
However, in accordance with County protocols, the UST is still being monitored and inspected on an annual basis as an active tank. By properly closing the UST, the City will no longer be obligated to monitor and inspect the tank on an annual basis.
The UST was previously used to store diesel fuel for the Police Department's old generator. The storage fuel tank, located on Vanguard Way in between the parkway and the west side of the Costa Mesa Police Department, has a capacity of 6,000-gallons.
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File #: 22-925 Meeting Date: 11/15/2022
Police Department Underground Storage Tank
(Current Location)
ANALYSIS:
The scope of work generally consists of providing environmental testing, utility investigation, structural assessment, geotechnical assessment, reporting, additional plans, permitting, and all construction work that will be required to safely close the existing Police Department UST. This UST closure will be permitted through the City’sBuilding Department, Fire Department, and the Orange County Health Care Agency (OCHCA), Environmental Health Division.
The project begins with an investigatory assessment of the site where the selected contractor will coordinate with the engineers and conduct the environmental, structural, and geotechnical inspections and testing required per the requirements of the OCHCA. Assuming no unforeseen circumstances or complications, the UST closure will be approached as an abandon-in-place project, whereby the existing tank will be emptied, certified clean, and filled with a County approved concrete slurry mix before a formal closure report is filed with the OCHCA. If the UST cannot be abandoned-in -place, there is an option to remove the UST entirely, backfill and restore the area.
The City Clerk received and opened four (4) bids for this project on August 30, 2022. American Integrated Services, Inc. (A.I.S.) is the apparent low bidder with a bid proposal in the amount of $156,680. The bid results are summarized in the bid abstract (Attachment 1).
Staff has determined that A.I.S. complied with the procedures and requirements as outlined in the project’s bid documents and specifications.
The license and references of A.I.S. have been checked and staff has found them to be in good standing.
Upon City Council award of the PWA (Attachment 2), A.I.S. will furnish the necessary bonds and insurance, which will be approved as to form by Risk Management. After the award and subsequent
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File #: 22-925 Meeting Date: 11/15/2022
insurance, which will be approved as to form by Risk Management. After the award and subsequent execution of the agreement, a “Notice to Proceed” will be issued.
Staff requests that City Council award the project to A.I.S. as the lowest responsible bidder.
A copy of specifications and working details are available for review in the Office of the City Clerk or in the Public Works Department, and are posted on the City’s website at:
<https://www.costamesaca.gov/city-hall/city-departments/public-works/capital-improvement-projects> ALTERNATIVES:
The alternative is to reject all bids, re-advertise, and re-bid the project. Staff has determined that re- advertising and re-bidding this project will result in significant delays and will not necessarily result in lower bids.
FISCAL REVIEW:
Funding for this project was originally budgeted in the FY 2021-22 Capital Improvement Project (CIP) budget in the amount of $125,000. The current available budget in FY 2022-23 is $123,733. Staff requests a budget adjustment, authorizing the use of unappropriated fund balance in the Capital Improvement Fund (401) in the amount of $48,616 and appropriate said funds to meet the funding and contingency needs of the project. Any funds remaining at the end of the project will be returned to the CIP fund balance.
LEGAL REVIEW:
The City Attorney’sOffice has reviewed this report, prepared the PWA, 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 · Maintain and Enhance the City’s Infrastructure, Facilities, Equipment and Technology CONCLUSION:
Staff recommends the City Council:
1. Adopt plans, specifications, and working details for the Police Department Underground Storage Tank Closure Project, City Project No. 22-02.
2. Award a Public Works Agreement (PWA) to American Integrated Services, Inc., 1502 E. Opp Street, Wilmington, CA 90744 in the amount of $156,680.
3. Authorize an additional ten percent (10%) contingency in the amount of $15,668 as needed for any unforeseen costs related to this project.
4. Approve a budget adjustment authorizing the use of unappropriated fund balance in the Capital Improvement Fund (401) in the amount of $48,616 and appropriate said funds to the Police
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File #: 22-925 Meeting Date: 11/15/2022
Department Underground Storage Tank Closure Project (Project 200066).
5. Authorize the City Manager and City Clerk to execute the PWA and future amendments to the agreement within Council authorized limits.
209
City
American Integrated
Services, Inc. Wilmington
MJK Construction,
Inc. Chino
** Fleming
Environmental Inc Fullerton
GEMS Environmental
Management
Services, Inc.
Concord
AVERAGE BID
LOW BID
BY:
** Required bid bond was not provided to City Clerk Prior to bid opening. $156,680.00
American Integrated Services, Inc.
Total Base Bid
$156,680.00
$166,129.64
BID OPENING RESULTS: August 30, 2022
CITY OF COSTA MESA
PUBLIC WORKS DEPARTMENT
CITY PROJECT NO. 22-02
POLICE DEPARTMENT UNDERGROUND STORAGE TANK CLOSURE
Bidder
$186,548.41
** $174,248.00
$249,136.00
PAGE 1 OF 1
ATTACHMENT 1
210
Project and Specification No. 22-02
1 CITY OF COSTA MESA
PUBLIC WORKS AGREEMENT FOR
CITY PROJECT NO. 22-02
THIS PUBLIC WORKS AGREEMENT (“Agreement”) , dated November 15, 2022 (“Effective Date”), is made by the CITY OF COSTA MESA, a political subdivision of the State of California (“CITY”), and AMERICAN INTEGRATED SERVICES, California corporation a (“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 C ONTRACTOR is the lowest responsible bidder; and
WHEREAS, CI TY now desires t o co ntract wit h CO NTRACTOR to f urnish construction and related services for the Project; and
WHEREAS, CITY and CONTRACTOR desire to set f orth their rights, duties and liabilities in connection with the services to be performed.
NOW, T HEREFORE, for and in consideration of t he covenants a nd conditions contained herein, the parties hereby agree as follows:
1. S
COPE OF WORK.
T
he scope of work generally consists of providing environmental testing, utility investigation, structural assessment, reporting, plans, permitting, and construction required to safely close the existing 6,000 gallon City of Costa Mesa Police Department, Under Ground Storage Tank (UST).
T
he Police Department Underground Storage Tank Closure will be approached as an “abandon in place” project. Structural assessment and environmental testing may reveal unforeseen circumstances that could require additional remediation and/or the safe removal of the UST.
T
he initial project approach will be to abandon the underground storage tank, in place and the unit prices and bid schedule include the project scope as detailed in the 101-2.1 in the Special Provisions of the bid specifications (the “Work”).
T
he Work is divided into two parts: the Investigatory Site Work and the Construction Site Work. Both parts of the Work are further described in the “Contract Documents” referred to below.
T
he Project is known as City Project No. 22-02 (the “Project”).
ATTACHMENT 2
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Project and Specification No. 22-02
2 2. CONTRACT DOCUMENTS.
The com
plete Agreement consists of the following documents relating to the Project:
(a) This Agreement;
(b) CONTRACTOR’s bid is attached hereto as Exhibit A and incorporated herein;
(c) The Bid Package along with Addendum One and Addendum Two to the Bid Package is attached hereto as Exhibit B and
incorporated herein;
(d) Faithful Performance Bond and Labor and Material Bond, including agent’s Power of Attorney for each bond, attached hereto as Exhibit C; (e) Drug-Free Workplace Policy, attached hereto as Exhibit D and incorporated herein; and
(f) Provisions of the most current edition of The Greenbook: Standard Specifications f
or Public Works Construction (“The Greenbook”). Provisions of The Greenbook are incorporated by this reference as if fully set forth herein.
The docu
ments comprising the complete Agreement will be referred to as the “Contract Documents.”
All of
the Contract Documents are intended to complement one another, so that any Work called for in one and not mentioned in another is to be performed as if mentioned in all documents.
In the ev
ent of an inconsistency in the Contract Documents, the terms of this Agreement shall prevail over all other Contract Documents. The order of precedence between the remaining Contract Documents shall be as set forth in The Greenbook.
The Cont
ract Documents constitute the entire agreement between the parties and supersede any and all other writings and oral negotiations.
3. CITY’S REPRESENTATIVE.
The CIT
Y’s Representative is Kian Nejad , referred to herein as the Project Manager (“Project Manager”).
4. CONTRACT OR’S PROJECT MANAGER; PERSONNEL.
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Project and Specification No. 22-02
3 (a) Project Manager. CONTRACTOR’s Project Manager must be approved by City. Such approval shall be at CITY’s sole discretion.
(b) P ersonnel. 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.
Thi
s 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 his or her designee, and subject to his or her approval.
7. COMPENSATION.
CITY shall pay CONTRACTOR in accordance with the fee schedule set forth in CONTRACTOR’s bid. CONTRACTOR’s total compe nsation shall not exceed One - Hundred and Fifty-Six Thousand and Six-Hundred and Eighty Dollars ($156,680.00).
8. ADD
ITIONAL 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. PAYMEN
TS TO CONTRACTOR.
On or before the last Monday of each and every month during the performance of 213
Project and Specification No. 22-02
4 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 CIT Y for substitution for the retained funds. If CITY approves the form and amount of the offered securities it will release the retained funds and will hold the securities in lieu thereof.
CONTRACTOR shall be entitled to any interest earned on the securities.
In the event that claims for property damage or bodily injury are presented to CITY arising out of CONTRACTOR’s or any subcontractor’s work under this Agreement, CITY shall give notice thereof to CONTRACTOR, and CONTRACTOR shall have thirty-five (35) days from the mailing of any such notice to evaluate the claim and to settle it by whole or partial payment, or to reject it, and to give notice of settlement or rejection to CITY. If CITY does not receive notice within the above-mentioned 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 to this provision shall be One Thousand Dollars ($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 subcontrac tor’s work is satisfactorily 214
Project and Specification No. 22-02
5 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. TI ME OF PERFORMANCE.
CONTRACTOR shall commence Investigatory Site Work by the date specified in CITY’s Limited Notice to Proceed, unless a later date is agreed upon in writing by the parties. The Work under the Limited Notice to Proceed shall be completed within Ninety (90) calendar days from the first day of commencement of the Investigatory Site Work.
CONTRACTOR shall commence Construction Site Work by the date specified in the CITY’s Notice to Procced with Construction, unless a later date is agreed upon in writing by the parties. The Work under the Notice to Proceed with Construction shall be completed within Twenty-Five (25) working days from the first day of commencement of the Construction Site Work.
12. TERMINATION.
(a) Term
ination 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 adjud ged 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.
(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.
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6 13. LIQUIDATED DAMAGES.
In the event the range upgrades scope of work or restroom improvements scope of work is not completed, for any reason, within the time required including any approved extensions of time, and to the satisfaction of the Project Manager, CITY may, in addition to any other remedies, equitable and legal, including remedies authorized by Paragraph 12 (Termination) of this Agreement, charge to CONTRACTOR or its sureties, or deduct from payments or credits due CONTRACTOR, a sum equal to Five Hundred and Twenty- Five Dollars ($ 525.00) 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. PERF
ORMANCE BY SURETIES.
In the event CONTRACTOR fails or refuses to perform the Work, CITY may provide CONTRACTOR with a notice of intent to terminate as provided in Paragraph 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 13 (Liquidated Damages), incurred by CIT Y. 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 by the Project Manager, and his or her decisions shall be final and binding upon 216
Project and Specification No. 22-02
7 CONTRACTOR and its sureties.
16. SUPERINTENDENCE BY CONTRACTOR.
At all times during performance of the Work, CONTRACTOR shall give personal superintendence or have a competent foreman or superintendent on the worksite, with authority to act for CONTRACTOR.
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, comply with CONTRACTOR’s safety requirements on the job site.
18. CARE OF THE WORK AND OFF-S
ITE AUTHORIZATION.
CONTRACTOR warrants that it has examined the site of the Work and is familiar with its topography and condition, location of property lines, easements, building lines and other physical factors and limitations affecting the performance of this Agreement.
CONTRACTOR, at CONTRACTOR’s sole cost and expense, shall obtain any permission, and all approvals, licenses, or easements necessary for any operations conducted off the premises owned or controlled by CITY. CONTRACTOR shall be responsible for the proper care and protection of all materials delivered to the site or st ored off-site and for the Work performed until completion and final inspection and acceptance by CITY. The risk, damage or destruction of materials delivered to the site or to Work performed shall be borne by CONTRACTOR.
19. CONTRACT SECURITY AND GUARANTEE
.
CONTRACTOR shall furnish, concurrently with the execution of this Agreement, the following: (1) a surety bond in an amount equal to one hundred percent (100%) of the contract price as security for the faithful performance of this Agreement, and (2) a separate surety bond in an amount equal to at least one hundred percent (100%) of the contract price as security for the payment of all persons furnishing labor or materials in connection with the Work under this Agreement. Sureties for each of the bonds and the forms thereof shall be satisfactory to CITY. In addition, such sureties must be authorized to issue bonds in California; sureties must be listed on the latest revision to the U.S.
Department of the Treasury Circular 570; and must be shown to have sufficient bonding capacity to provide the bonds required by the Contract Documents.
CONTRACTOR shall provide a certified copy of the certificate of authority of the surety issued by the Insurance Commissioner; a certificate from the clerk of the county in which the court or officer is located that the certificate of authority of the surety has not been surrendered, revoked, canceled, annulled, or suspended or, in the event that it has, 217
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8 that renewed authority has been granted; and copies of the surety’s most recent annual statement and quarterly statement filed with the Department of Insurance pursuant to Article 10 (commencing with Section 900) of Chapter 1 of Part 2 of Division 1 of the Insurance Code.
CONTRACTOR guarantees that all materials used in the Work and all labor performed shall be in conformity with the Contract Documents including, but not limited to, the standards and specifications set forth in the most current edition of 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 available to CITY pursuant to this provision shall be cumulative with all rights and remedies available to CITY pursuant to statutory and common law, which rights and remedies are hereby expressly reserved, and neither the foregoing guarantee by CONTRACTOR nor 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 provisions contained either in the CITY’s specifications or CONTRACTOR’s proposal, which shall be of no force and effect.
CONTRACTOR shall comply with all of the provisions of the Workers’ 218
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9 Compensation insurance laws and Safety in Employment laws of the State of California, including the applicable provisions of Divisions 4 and 5 of the California Labor Code and all amendments thereto and regulations promulgated pursuant thereto, and all similar State, Federal or local laws applicable; and CONTRACTOR shall indemnify and hold harmless CITY from and against all claims, liabilities, expenses, damages, suits, actions, proceedings and judgments, of every nature and description, including attorney fees, that may be presented, brought or recovered against CITY for or on account of any liability under or failure to comply with any of said laws which may be incurred by reason of any Work performed under this Agreement by CONTRACTOR or any subcontractor or others performing on behalf of CONTRACTOR.
CITY does not, and shall not, waive any rights against CONTRACTOR which it may have by reason of the above hold harmless agreements, because of the acceptance by CITY or the deposit with CITY by CONTRACTOR of any or all of the insurance policies described in Paragraph 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 elected and appointed boards, officers, agents, and employees that is required of CONTRACTOR and shall incorporate identical indemnity provisions in all contracts between CONTRACTOR and all tiers of 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 control of CONTRACTOR, CONTRACTOR shall not be relieved of its indemnity obligation to CITY by any settlement with any such third party unless that settlement includes a full release and dismissal of all claims by the third party against the CITY.
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.
CO
NTRACTOR 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:
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10 (i) 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 limit of not less than One Million Dollars ($1,000,000.00) 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 limit per accide nt for bodily injury and property damage.
(iii) Workers’ compensation insurance as required by the State of California, with Statutory Limits, 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 volunt eers 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) A
dditional 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 220
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11 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, leased, hired, or borrowed by the CONTRACTOR.”
(ii) Notice: “Said policy shall not terminate, nor shall it be canceled nor the coverage reduced, until thirty (30) days after written notice is given to CITY.”
(iii) Other Insurance: “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 insurance 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-I
nsured 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-L
imiting. 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, 221
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12 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 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 provisio ns 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 CONTRACTOR’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 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 -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 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. 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.
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13 (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.
23. COMPLIANCE WITH ALL LAWS.
CONTRACTOR shall, at its own cost and expense, comply with all applicable local, state, and federal 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-FR
EE WORKPLACE POLICY.
CONTRACTOR, upon notification of the award of this Agreement, shall establish a Drug-Free Awareness Program to inform employees of the dangers of drug abuse in the workplace, the penalties that may be imposed upon employees for drug abuse violations occurring in the workplace, and the employee assistance programs available to employees. Each employee engaged in the performance of a CITY contract must be notified of this Drug -Free Awareness Program, and must abide by its terms.
CONTRACTOR shall conform to all the requirements of CITY’s Policy No. 100- 5, attached hereto. 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–D
ISCRIMINATION.
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 handicap, medical condition, marital status or sex, or sexual orientation, except as permitted pursuant to Section 12940 of the Government Code. Violation of this provision may result in the imposition of penalties referred to in 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 CONTRAC TOR to notify all tiers of subcontractors and material men of the following special notice provision; namely, all preliminary 20-day notices or stop notices shall be directed only to the City Clerk and to no other department, and shall be either personally delivered or sent by certified mail, postage prepaid.
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14 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:
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:
American Integrated Services, Inc.
1502 E. Opp Street
Wilmington, CA 90744
Attn: John Georgagi
Notices required to be given to CONTRACTOR’s sureties shall be addressed as follows:
U.S. Specialty Insurance Company
26001 McKenna Ct
Lake Forest, CA 92630
Attn: Les M. Mantle
28. INDEPENDENT CONTRACTOR.
The parties hereto acknowledge and agree that the relationship between CITY and CONTRACTOR is one of principal and independent contractor and no other. All personnel to be utilized by CONTRACTOR in the performance of this Agreement shall be employees of CONTRACTOR and not employees of the CITY. CONTRACTOR shall pay all salaries and wages, employer’s social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes.
Nothing contained in this Agreement shall create or be construed as creating a partnership, joint venture, employment relations, or any other relationship except as set forth between the parties. The parties specifically acknowledge and agree that CONTRACTOR is not a partner with CITY, whether general or limited, and no activities of CITY or CONTRACTOR or statements made by CITY or CONTRACTOR shall be interpreted by any of the parties hereto as establishing any type of business relationship other than an independent contractor relationship.
29. P E
RS ELIGIBILITY INDEMNIFICATION .
In the event that CONTRACTOR or any employee, agent, or subcontractor of CONTRACTOR providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees’ Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the CITY, 224
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15 CONTRACTOR shall indemnify, defend, and hold harmless CITY for the payment of any employee and/or employer contributions for PERS benefits on behalf of CONTRACTOR or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of CITY.
Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, CONTRACTOR and any of its employees, a gents, 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 any contribution to be paid by CITY for employer contribution and/or employee contributions for PERS benefits.
30. VALIDITY.
The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any of the other provisions of this Agreement.
31. GOVE
RNING LAW.
This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any legal action relating to or arising out of this Agreement shall be subject to the jurisdiction of the County of Orange, California.
32. NO THIRD PARTY BENEFICIARY RIGHTS.
This Agreement is entered into for the sole benefit of the CITY and CONTRACTOR and no other parties are intended to be direct or incidental beneficiaries of this Agreement and no third party shall have any right in, under or to this Agreement.
33. ASSIGNABILITY.
This Agreement may not be 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 volunt ary termination of this Agreement and this Agreement shall thereafter be deemed terminated and void.
34. WAIVER.
No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is sought referring expressly to this Paragraph. The waiver of any right or remedy in respect to any occurrence or event shall not be deemed a waiver of any right or remedy in respect to any other occurrence or event, nor shall any waiver constitute a 225
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16 continuing waiver.
35. HEADINGS.
Section and subsection headings are not to be considered part of this Agreement, are included solely for convenience, and are not intended to modify or explain or to be a full or accurate description of the content thereof.
36. CONS TRUCTION.
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.
37. 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.
38. 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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17 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: _____________________ Signature
__________________________________
Name and Title
ATTEST:
__________________________________ Date: _____________________ 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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18 APPROVED AS TO PURCHASING:
__________________________________ Date: _____________________ Carol Molina
Finance Director
DEPARTMENTAL APPROVAL:
__________________________________ Date: _____________________ Raja Sethuraman
Public Works Director
__________________________________ Date: _____________________ Seung Yang
Project Manager
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EXHIBIT A
CONTRACTOR’S BID
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233
234
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239
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EXHIBIT B
BID PACKAGE
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Addendum No. 1
Project and Specifications No. 22-02
CITY OF COSTA MESA
P.O. BOX 12000 77 FAIR DRIVE CALIFORNIA 92628·1200
FROM THE DEPARTMENT OF PUBLIC WORKS/ ENGINEERING DIVISION
DATE: August 11, 2022
TO: ALL PROSPECTIVE BIDDERS
SUBJECT: ADDENDUM NO. 1 – POLICE DEPARTMENT UNDERGROUND STORAGE TANK CLOSURE, CITY PROJECT NO. 22-02
Please forward this addendum to the appropriate individual as soon as possible. To assist our office in confirming the delivery of this addendum, please sign acknowledging receipt herein and e-mail a copy of this sheet to [email protected]. A COPY WILL NOT BE SENT BY MAIL.
Received by: _______________________________________________________________
Company: _________________________________________________________________
All bidders shall register with PlanetBids.com in order to retrieve addenda. It is the responsibility of each prospective bidder to check the City’s PlanetBids.com portal at: https://www.planetbids.com/portal/portal.cfm?CompanyID=45476 on a DAILY basis through the close of bids for any applicable addenda or updates.
This addendum, effective on this date, addresses the following items:
MANDATORY
PRE-BID JOB WALK 11:00 A.M., Wednesday, Aug 10, 2022 COMPLETED
PRE BID JOB WALK LOCATION 99 Fair Drive Costa Mesa, CA 92626 COMPLETED
PRE-BID QUESTIONS 5:00 P.M., Monday, Aug 22, 2022 NO CHANGE
BID OPENING 1:00 P.M., Tuesday, Aug 23, 2022 NO CHANGE
ADDENDUM 1 UPDATES:
1. As part of the base bid, Contractor shall disconnect and remove the Veeder-Root Box in the Police Department basement. The existing low power shall be capped in a covered electrical box. This work shall be considered part of Bid Item No. 8 – Restore Site. Please reference the pictures of the Veeder-Root box and its reports in Attachment A1.1.
2. As part of the base bid, Contractor shall remove and dispose all piping associated with the underground storage tank, and Contractor shall empty and cap all piping routed into the basement of Police Department building. This work shall be considered part of Bid Item No. 6 – Abandon Tank In Place. Please refer to the Attachment A1.2 regarding the existing condition of the pipes in the Police Department basement.
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Project and Specifications No. 22-02
Attachment A1.1
Figure A1.1.1 - As part of the base bid Contractor shall disconnect and remove the Veeder Root Box in the Police Department basement. Existing low power shall be capped in a covered electrical box. 255
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Project and Specifications No. 22-02
Attachment A1.1
Figure A1.1.2 – Veeder-Root reports generated on August 10, 2022.
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Project and Specifications No. 22-02
Attachment A1.2
Figure A1.2.1 – Existing pipes from the tank have been capped and the holes patched inside the basement wall.
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Addendum No. 2
Project and Specifications No. 22-02
CITY OF COSTA MESA
P.O. BOX 12000 77 FAIR DRIVE CALIFORNIA 92628·1200
FROM THE DEPARTMENT OF PUBLIC WORKS/ ENGINEERING DIVISION
DATE: August 17, 2022
TO: ALL PROSPECTIVE BIDDERS
SUBJECT: ADDENDUM NO. 2 – POLICE DEPARTMENT UNDERGROUND STORAGE TANK CLOSURE, CITY PROJECT NO. 22-02
Please forward this addendum to the appropriate individual as soon as possible. To assist our office in confirming the delivery of this addendum, please sign acknowledging receipt herein and e-mail a copy of this sheet to [email protected]. A COPY WILL NOT BE SENT BY MAIL.
Received by: _______________________________________________________________
Company: _________________________________________________________________
All bidders shall register with PlanetBids.com in order to retrieve addenda. It is the responsibility of each prospective bidder to check the City’s PlanetBids.com portal at: https://www.planetbids.com/portal/portal.cfm?CompanyID=45476 on a DAILY basis through the close of bids for any applicable addenda or updates.
This addendum, effective on this date, addresses the following items:
MANDATORY
PRE-BID JOB WALK 11:00 A.M., Wednesday, Aug 10, 2022 COMPLETED
PRE BID JOB WALK LOCATION 99 Fair Drive Costa Mesa, CA 92626 COMPLETED
PRE-BID QUESTIONS 5:00 P.M., Monday, Aug 22, 2022 NO CHANGE
BID OPENING 1:00 P.M., Tuesday, Aug 30, 2022 CORRECTED
SUMMARY ADDENDUM NO. 2:
1. Q&A responses to bidder’s question posted on Planetbids.com:
SET 1 Question 1: On Planet bids and in the Specifications shows the bid date as August 30th 1pm but the addendum #1 shows it as August 23 at 1pm with no change. Can you please confirm the bid date.
Answer: The correct bid opening date is August 30th at 1pm.
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Project and Specifications No. 22-02
Please acknowledge receipt of Addendum 2 on the Proposal page “P-4”
Sincerely,
Kian Nejad
Associate Engineer
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CITY OF COSTA MESA
ORANGE COUNTY, CALIFORNIA
NOTICE TO BIDDERS, PROPOSAL, CONTRACT, AND
SPECIAL PROVISIONS FOR
22-02 Police Department
Underground Storage Tank Closure
Prepared Under the Direction of
Seung Yang, P.E.
City Engineer
Copy No. ___________ Checked by
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i
TABLE OF CONTENCTS
TABLE OF CONTENTS
PAGE NUMBER
TABLE OF CONTENTS ................................ ................................ ................................ . i THRU vii
SSEECCTTIIOONN AA
NOTICE INVITING BIDS ............................................................................. N-1 THRU N-3
SSEECCTTIIOONN BB
INFORMATION FOR BIDDERS .................................................................................. B-1
1 PREPARATIONS OF BID FORM ................................ ................................ .. B-1
2 QUALIFICATION OF BIDDERS ................................ ................................ .... B-1
3 BID SECURITY ................................ ................................ ........................ B-1
4 NON-COLLUSION AFFIDAVIT ................................ ................................ .... B-1
5 SIGNATURE ................................ ................................ ............................ B-1
6 CORRECTIONS ................................ ................................ ....................... B-1
7 DELIVERY OF PROPOSAL ................................ ................................ ......... B-1
8 BID DEPOSIT RETURN................................ ................................ .............. B-2
9 TAXES ................................ ................................ ................................ ... B-2
10 WITHDRAWAL OF BIDS ................................ ................................ ............. B-2
11 AGREEMENT AND BONDS ................................ ................................ ........ B-2
12 FORFEITURE FOR FAILURE TO POST SECURITY AND EXECUTE
AGREEMENT ................................ ................................ .......................... B-2
13 BIDDERS INTERESTED IN MORE THAN ONE BID ................................ .......... B-2
14 EXAMINATION OF SITE AND CONTRACT DOCUMENTS ................................ .. B-2
15 INTERPRETATION OF PLANS AND DOCUMENTS ................................ .......... B-2
16 ADDENDA ................................ ................................ .............................. B-3
17 QUESTIONS TO THE ENGINEER ................................ ................................ B-3
18 EQUIVALENT MATERIALS ................................ ................................ ......... B-3
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TABLE OF CONTENCTS
Table of Contents
(CONTINUED)
PAGE NUMBER
19 EVIDENCE OF RESPONSIBILITY................................ ................................ . B-3
20 LEGAL RESPONSIBILITIES ................................ ................................ ........ B-3
21 ANTI-DISCRIMINATION ................................ ................................ ............. B-3
22 DRUG-FREE WORKPLACE POLICY ................................ ............................. B-4
23 BID PROTEST PROCEDURES ................................ ................................ .... B-4
24 ASSEMBLY BILL 626 ................................ ................................ ................ B-4
REQUEST FOR INTERPRETATION OF CONTRACT DOCUMENTS ................................ ... B-5
SSEECCTTIIOONN CC
PROPOSAL .......................................................................................... P-1 THRU P-11
SSEECCTTIIOONN DD
PART 1 GENERAL PROVISIONS
SECTION 1 - GENERAL ................................ ................................ .................... GP-1
1-1 GENERAL ................................ ................................ ............................ GP-1
ESTABLISHMENT OF STANDARD SPECIFICATIONS
1-2 TERMS AND DEFINITIONS ................................ ................................ ...... GP-2
1-3 ABBREVIATIONS ................................ ................................ ................... GP-2
1-6 BIDDING AND SUBMISSION OF BID ................................ .......................... GP-3
1-6.1.1 REQUEST FOR INTERPRETATION ................................ .......................... GP-3
1-6.1.2 SOIL CONDITIONS ................................ ................................ ................ GP-4
1-6.1.3 RETURN OF BID SECURITY ................................ ................................ ... GP-4
1-6.2 SUBCONTRACTING LISTING ................................ ................................ ... GP-4
1-7 AWARD AND EXECUTION OF THE CONTRACT ................................ ........... GP-5
1-7.1.1 EXECUTION OF THE AGREEMENT ................................ ........................... GP-5
1-7.2 CONTRACT BONDS ................................ ................................ ............... GP-5 262
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TABLE OF CONTENCTS
Table of Contents
(CONTINUED)
PAGE NUMBER
SSEECCTTIIOONN DD CCOONNTTIINNUUEEDD
SECTION 2 – SCOPE OF WORK ................................ ................................ ....... GP-6
2-1 WORK TO BE DONE ................................ ................................ ............... GP-6
2-2 PERMITS ................................ ................................ .............................. GP-6
2-5 THE CONTRACTOR’S EQUIPMENT AND FACILITIES ................................ .... GP-6
2-5.2 TEMPORARY UTILITY SERVICES ................................ ............................. GP-6
2-5.4 HAUL ROUTES ................................ ................................ ..................... GP-7
2-7 CHANGES INITIATED BY THE AGENCY ................................ .................... GP-7
2-8 EXTRA WORK ................................ ................................ ....................... GP-8
2-9 CHANGED CONDITIONS ................................ ................................ ....... GP-8
SECTION 3 – CONTROL OF THE WORK ................................ .......................... GP-9
3-1 ASSIGNMENT................................ ................................ ........................ GP-9
3-4 AUTHORITY OF THE BOARD AND THE ENGINEER ................................ ...... GP-9
3-5 INSPECTION ................................ ................................ ...................... GP-10
3-6 THE CONTRACTOR’S REPRESENTATIVE ................................ ............... GP-10
3-7 CONTRACT DOCUMENTS ................................ ................................ ..... GP-11
3-10 SURVEYING ................................ ................................ ....................... GP-11
3-10.3 LINE AND GRADE ................................ ................................ ............... GP-11
3-12 WORK SITE MAINTENANCE ................................ ................................ .. GP-12
3-12.2 AIR POLLUTION CONTROL ................................ ................................ .... GP-12
3-12.6 WATER POLLUTION CONTROL ................................ .............................. GP-12
3-12.6.2 BEST MANAGEMENT PRACTICES (BMP’S) ................................ ............. GP-13
3-12.6.3 STORM WATER POLLUTION PREVENTION PLAN (SWPPP) ...................... GP-14
3-12.6.4 DEWATERING ................................ ................................ ..................... GP-15
3-13.3 WARRANTY ................................ ................................ ....................... GP-15 263
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TABLE OF CONTENCTS
Table of Contents
(CONTINUED)
PAGE NUMBER
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SECTION 4 – CONTROL OF MATERIALS ................................ ....................... GP-16
4-4 TESTING ................................ ................................ ........................... GP-16
SECTION 5 – LEGAL RELATIONS AND RESPONSIBILITIES .......................... GP-17
5-1 LAWS AND REGULATIONS ................................ ................................ ... GP-17
5-2 SPECIAL NOTICES ................................ ................................ .............. GP-17
5-3 LABOR ................................ ................................ .............................. GP-17
5-3.3 PAYROLL RECORDS ................................ ................................ ........... GP-17
5-3.5 APPRENTICES ................................ ................................ ................... GP-17
5-4 INSURANCE ................................ ................................ ....................... GP-17
5-7 SAFETY ................................ ................................ ............................. GP-18
5-7.1 WORK SITE SAFETY ................................ ................................ ........... GP-18
5-7.8 STEEL PLATE COVERS ................................ ................................ ...... GP-18
SECTION 6 – PROSECUTION AND PROGRESS OF THE WORK .................... GP-19
6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF THE WORK ........... GP-19
6-1.1 CONSTRUCTION SCHEDULE ................................ ................................ GP-19
6-1.3 DAILY REPORT SUBMITTAL ................................ ................................ .. GP-19
6-3 TIME OF COMPLETION ................................ ................................ ........ GP-19
6-5 USE OF IMPROVEMENT DURING CONSTRUCTION ................................ .. GP-20
6-7 TERMINATION OF THE CONTRACT FOR DEFAULT ................................ .... GP-20
6-7.3 NOTICE OF TERMINATION FOR DEFAULT ................................ ............... GP-20
6-7.4 RESPONSIBILITY OF SURETY ................................ ............................... GP-20
6-9 LIQUIDATED DAMAGES ................................ ................................ ....... GP-20 264
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TABLE OF CONTENCTS
Table of Contents
(CONTINUED)
PAGE NUMBER
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SECTION 7 – MEASUREMENT AND PAYMENT ................................ .............. GP-21
7-3 PAYMENT ................................ ................................ .......................... GP-21
7-3.2 PARTIAL AND FINAL PAYMENT ................................ ............................. GP-21
7-3.2.1 PROMPT PROGRESS PAYMENT TO SUBCONTRACTORS .......................... GP-23
7-3.2.2 PROMPT PAY MONITORING AND ENFORCEMENT OF PROGRESS PAYMENTS ................................ ................................ ........................ GP-23
7-3.3 DELIVERED MATERIALS ................................ ................................ ...... GP-24
7-3.4 MOBILIZATION ................................ ................................ ................... GP-24
7-3.4.1 TRAVEL ROUTE AND TRUCKING AN EQUIPMENT ................................ .... GP-25
7-3.4.2 CONSTRUCTION SEQUENCE/ORDER OF WORK ................................ ..... GP-25
7-4 PAYMENT FOR EXTRA WORK ................................ ............................... GP-25
7-4.2 BASIS FOR ESTABLISHING COSTS ................................ ........................ GP-25
7-4.2.1 LABOR ................................ ................................ .............................. GP-25
7-4.3 MARKUPS ................................ ................................ ......................... GP-26
7-4.3.1 WORK BY THE CONTRACTOR ................................ .............................. GP-26
7-4.3.2 WORK BY A SUBCONTRACTOR ................................ ............................ GP-26
7-6 SUMMARY OF PUBLIC CONTRACT CODE § 9204…………………………. GP-26
SSEECCTTIIOONN EE
PART 1.1 – SPECIAL PROVISIONS
101-1 GENERAL ........................................................................... SP-1
101-2 POLICE DEPARTMENT UNDERGROUND STORAGE TANK CLOSURE ..... SP-2
101-3 ALLOWANCES – ADDITIONAL WORK ITEMS .................................. SP-8 RT 1.2 – SPECIAL PROVISONS
TECHNICAL SPECIFICATIONS........................................... TS-1 THRU TS-## 265
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TABLE OF CONTENCTS
Table of Contents
(CONTINUED)
PAGE NUMBER
SSEECCTTIIOONN FF
MODIFICATIONS TO STANDARD SPECIFICATIONS
PART 2 – CONSTRUCTION MATERIALS (NO ADDITIONS OR MODIFICATIONS)
PART 3 – CONSTRUCTION METHODS (NO ADDITIONS OR MODIFICATIONS)
PART 4 – EXISTING IMPROVEMENTS
SECTION 400 – PROTECTION AND RESTORATION ................................ ...................... SS-1 400-1 GENERAL ................................ ................................ ........................... SS-1
400-1.1 DRAINAGE CONTROL: RESPONSIBILITIES ................................ .............. SS-1
400-1.2 DRAINAGE CONTROL: EXCAVATION DEWATERING REQUIREMENTS .......... SS-1
SECTION 402 – UTILITIES ................................ ................................ ............................. SS -2
402-1 LOCATION ................................ ................................ ......................... SS -2
402-1.1 GENERAL ................................ ................................ .......................... SS -2
402-1.2 PAYMENT ................................ ................................ .......................... SS -3
402-2 PROTECTION ................................ ................................ ..................... SS -3
402-2.1 PAYMENT ................................ ................................ .......................... SS -3
402-4 RELOCATION ................................ ................................ ..................... SS -4
PART 5 – PIPELINE SYSTEM REHABILITATION (NO ADDITIONS OR MODIFICATIONS)
PART 6 – TEMPORARY TRAFFIC CONTROL
SECTION 600 – ACCESS ................................ ................................ ............................. SS-7
600-1 GENERAL ................................ ................................ ........................... SS-7
600-1.1 NOTIFICATION AND ACCESS ................................ ................................ .. SS-7
PART 7 – STREET LIGHTING AND TRAFFIC SIGNAL SYSTEMS(NO ADDITIONS OR MODIFICATIONS)
PART 8 – LANDSCAPING AND IRRIGATION (NO ADDITIONS OR MODIFICATIONS)
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N-1 NOTICE INVITING BIDS
SECTION A
CITY OF COSTA MESA
ORANGE COUNTY, CALIFORNIA
NOTICE INVITING BIDS
NOTICE IS HEREBY GIVEN that the City of Costa Mesa (“City”) invites sealed bids, to be submitted electronically only, for the following project:
POLICE DEPARTMENT UNDERGROUND STORAGE TANK CLOSURE
CITY PROJECT NO. 22-02
1. BID SUBMISSION AND OPENING : Bids must be submitted electronically via the City of Costa Mesa’s PlanetBids portal before the deadline of August 30, 2022 at 1:00 p.m. at which time or shortly thereafter the City Clerk will open bids electronically . The bid results will be posted online via PlanetBids. No paper bids or any other form of submittal will be accepted. Any bid received after the scheduled closing time for the receipt of bids will be rejected. The City is not responsible for and accepts no liability in the event a response is late due to any network, internet, or any other technical difficulty or interruption. It shall be the sole responsibility of the bidder to ensure that his/her/its bid is received by the deadline.
To access the bid documents and bid on this project, potential vendors and bidders must first register through the City’s PlanetBids portal at:
https://www.planetbids.com/portal/portal.cfm?CompanyID=45476.
2. SCOPE OF WORK AND BID DOCUMENTS: The scope of work generally consists of providing environmental testing, utility investigation, structural assessment, reporting, plans, permitting, and construction required to safely close the existing 6,000 gallon, City of Costa Mesa Police Department, Under Ground Storage Tank (UST).
The Police Department Underground Storage Tank Closure will be approached as an “abandon in place” project. Structural assessment and environmental testing may reveal unforeseen circumstances that could require additional remediation and/or the safe removal of the UST.
The plans, specifications, and bid documents for this project can be obtained via the City’s PlanetBids portal at: https://www.planetbids.com/portal/portal.cfm?CompanyID=45476.
Questions regarding the bid documents will be received by the Engineer up to five (5) workin g days prior to the bid opening, deadline is August 22, 2022 at 5:00 p.m. Questions asked of the Engineer less than (5) working days prior to Bid Opening Date, may not be addressed.
It is the bidder’s responsibility to ensure that the most current version of the solicitation, including any addenda, has been downloaded. Bids received without the applicable addenda will be rejected as incomplete.
3. PRE-BID MEETING OR JOB WALK: A mandatory pre-bid job walk has been scheduled for August 10, 2022 at 11:00 a.m. at the project site. Located at 99 Fair Drive along the Westside of the Costa Mesa Police Department building on Vanguard Way at Fair Drive.
4. BID CONTENTS: All bids must be submitted on the proposal form included in the bid documents. No bid will be considered unless it is made on the proposal form furnished by the City and made in accordance with the provisions of the bid requirements.
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N-2 NOTICE INVITING BIDS
5. BID SECURITY: Each bidder must submit a certified check, cashier’s check, or a bid bond, made payable to or in favor of the City of Costa Mesa, in an amount equal to at least ten percent (10%) of the total amount of the bid, to the Costa Mesa City Clerk prior to the bid submission deadline. No bid will be considered unless such certified check, cashier's check, or bid bond is received by the City Clerk prior to the bid submission deadline.
6. CONTRACTOR’S LICENSE : A valid California Contractor's Class “ A” General Engineering Contractors License and HAZ - Hazardous Substance Removal Certification License issued by the California Contractors State License Board is required at the time the contract is awarded pursuant to California Public Contract Code section 3300. Each bidder must also be qualified as required by law at the time of the bid opening.
7. REGISTRATION WITH THE DEPARTMENT OF INDUSTRIAL RELATIONS : Pursuant to Labor Code sections 1725.5 and 1771.1, no contractor or subcontractor shall be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work unless registered and qualified pursuant to Labor Code section 1725.5.
8. PREVAILING WAGES : This project is a “public work” subject to prevailing wage requirements.
Pursuant to provisions of Sections 1770 et seq. of the California Labor Code, all works employed on the project shall be paid not less than the general prevailing rate of per diem wa ges, as determined by the Director of the Department of Industrial Relations (DIR) for work of a similar character in the locality in which the work is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. Copies of the prevailing rate of per diem wages are on file with Costa Mesa Public Services Department and are available to any interested party upon request. The applicable State prevailing wages are also set forth on the Department of Industrial Relati ons’ website: http://www.dir.ca.gov; these rates are subject to predetermined increases. The prime contractor shall post a copy of the DIR’s determination of the prevailing rate of per diem wages at each job site. This project is subject to compliance monitoring and enforcement by the DIR.
9. PAYMENT BOND AND PERFORMANCE BOND: A Payment Bond and a Performance Bond, each in the amount of 100% of the contract amount, will be required of the successful bidder prior to award of the contract.
10. RETENTION: The City withholds five percent (5%) of each progress payment as retention. Pursuant to Public Contract Code section 22300, the successful bidder may substitute certain securities for money withheld by the City to ensure performance of the contract. At the request and expense of the contractor, securities equivalent to the amount withheld shall be deposited with the public agency, or with a state or federally chartered bank in this state as the escrow agent, who shall then pay those moneys to the contractor. Securi ties will be returned to the contractor upon satisfactory completion of the contract.
11. NON-DISCRIMINATION: The bidding process and contract are subject to State and Federal non - discrimination requirements, including but not limited to the requirement that no person or business shall discriminate on the basis of race, color, national origin, ancestry, religious creed, physical disability, mental disability, medical condition, marital status, sex, gender, gender expression, gender identity, sexual orientatio n, age, or military or veteran status in its solicitation, selection, hiring, or treatment of individuals or businesses in connection with the bidding process or work performed for the City in connection with the project.
12. CITY’S RIGHT TO REJECT BIDS: The City of Costa Mesa reserves the right, in its sole discretion, to reject any or all bids, or to waive any minor irregularities or informalities in any bid.
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N-3 NOTICE INVITING BIDS
13. ADDITIONAL REQUIREMENTS: This project is subject to local, State, and Federal regulations and requirements, as detailed in the bid documents.
For all inquiries, please contact Associate Engineer: Kian Nejad, Public Works Department, via e-mail at [email protected].
Brenda Green, City Clerk
City of Costa Mesa
Dated: July 27, 2022
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B-1
SECTION B
INFORMATION FOR BIDDERS
1. PREPARATION OF BID FORM : The City of Costa Mesa (City) requires that bids be submitted on the proposal available on PlanetBids at such time and place as is stated in the Notice Inviting Bids. All information requested in the bid forms must be provided. All bids shall be submitted electronically via the City’s public bidding platform, PlanetBids only. No other form of submittal shall be accepted . It is the sole responsibility of the Bidder to see that his bid is received in proper time. Any bid received after the scheduled closing time for receipt of bids will be rejected. Each Bidder is responsible for acknowledging all addenda and ensuring completed proposal forms are uploaded to the PlanetBids.com website. Bid informat ion in the uploaded, electronically submitted proposal shall match the information that is manually populated into the PlanetBids.com website. Only bid information provided as part of the uploaded proposal will be considered part of the bid.
2. QUALIFICATION OF BIDDERS : Each Bidder shall submit a list of Construction Project References indicating Public Works and/or similar construction projects that include Underground Storage Tank abandonment and/or Underground Storage Tank removal activities which have been completed or in progress within the last 24 months. Forms for this purpose are furnished with the bid package.
3. BID SECURITY / BID BOND : Each bid shall be accompanied by one of the following:
cash, cashier's check made payable to the City, a certified ch eck made payable to the City, or a Bidder's Bond executed by an admitted surety insurer, made payable to the City, in an amount not less than 10% of the maximum amount of the bid. This original bid security / bid bond must be submitted to the City Clerk’s Office at least one hour prior to the bid submission deadline. Any and all late submittals of the bid security / bid bond shall be rejected, and it is the bidder’s responsibility, not the delivery service, to ensure said bid security / bid bond is deliver ed timely to the City Clerk’s office. The Bidder’s Bond shall be signed by both, the Bidder and the Surety; and both signatures shall be notarized. The bid security shall be given as a guarantee that the Bidder, if awarded the work, shall execute the cont ract in conformity with the Contract Documents and shall provide the surety bond or bonds as specified therein within fourteen (14) calendar days after a written Notice of Intent to Award Contract is deposited in the mail. In the case of refusal or failure to enter into said contract, the check or bond, as the case may be, shall be forfeited to the City.
4. NONCOLLUSION AFFIDAVIT : Each bid shal l be accompanied by a notarized Noncollusion Affidavit on a form which is included in the Contract Documents.
5. SIGNATURE: Via the PlanetBids platform, t he bid must be electronically or digitally signed in the name of the Bidder and must be person or persons duly authorized to sign the bid on behalf of the Bidder.
6. CORRECTIONS: Any corrections made to the submitted bid mu st be made electronically via PlanetBids.
7. DELIVERY OF PROPOSAL: Proposals shall be submitted electronically via PlanetBids:
https://www.planetbids.com/portal/portal.cfm?CompanyID=45476. No other form of submittal shall be accepted by the City.
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B-2
8. BID DEPOSIT RETURN: Deposits of three of more low bidders, the number being at the discretion of the City, will be held for sixty (60) calendar days or until posting by the successful bidder of the Bonds and Certificates of Insurance required and return of executed copies of the Agreement, whichever first occurs, at which time the deposits will be returned.
9. TAXES: No mention shall be made in the proposal of Sales Tax, Use Tax or any other tax, as all amounts bid will be deemed and held to include any such taxes which may be applicable.
10. WITHDRAWAL OF BIDS : Any bidder may withdraw his bid either personally, by written request, or by telegraphic request confirmed in the manner specified above at any time prior to the scheduled closing time for receipt of bids.
11. AGREEMENT AND BONDS : The Agreement form, which the successful bidder, as Contractor, will be required to execute, and the forms and amounts of surety bonds and Certificate of Insurance which he will be required to furnish prior to the execution of the Agreement, are included in the Contract Documents and should be carefully examined by the Bidder. The successful Bidder will be required to submit THREE (3) executed copies of the Agreement, the Performance Bond, the Payment Bond and the Certificate of Insurance. Payment and performance bonds shall be issued by a surety who is listed in the latest revision of U.S. Department of Treasury Circular 570 and Code of Civil Procedure Section 995.120. The Performance Bond and the Payment Bond shall be signed by both, the Bidder and the Surety; and both signatures shall be notarized.
12. FORFEITURE FOR FAILURE TO POST SECURITY AND EXECUTE AGREEMENT : In the event the Bidder to whom the Notice of Intent to Award Contract is given fails or refuses to post the required bonds and Certificate of Insurance and return executed copies of the Agreement within fourteen (14) calendar days after notification, the City may declare the Bidder's bid deposit or bond forfeited as damages caused by the failure of the bidder to post such security and execute such copies of the Agreement, and may give Notice of Intent to Award Contract to the next lowest responsive and responsible bidder, or may call for new bids.
13. BIDDERS INTERESTED IN MORE THAN ONE BID : No person, firm or corporation shall be allowed to make, or file or be interested in more than one bid for the same work unless alternate bids are specifically called for.
14. EXAMINATION OF SITE AND CONTRACT DOCUMENTS: Each bidder shall visit the site of the proposed work and fully acquaint himself w ith the conditions relating to the construction and labor so that he may fully understand the facilities, difficulties, and restrictions attending the execution of the work under the contract. Bidders shall thoroughly examine and be familiar with the drawi ngs and specifications. The failure or omission of any bidder to receive or examine any contract document, form, instrument, addendum, or other document or to visit the site and acquaint himself with conditions there existing shall in no way relieve any bi dder from any obligation with respect to his bid or to the contract. The submission of a bid shall be taken as prima facie evidence of compliance with this section.
15. INTERPRETATION OF PLANS AND DOCUMENTS : If any Bidder contemplating submitting a bid for the proposed contract is in doubt as to the true meaning of any part of the drawings, specifications, or other Contract Documents, or finds discrepancies in, or 272
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omissions from the drawings and specifications, it may submit to the Engineer a written request for an interpretation or correction thereof. The Bidder submitting the Request for Interpretation (RFI) shall be responsible for its prompt delivery and on the form included within this IFB (Page B -5). Any interpretation or correction of the Contract Docume nts will be made only by addendum duly issued and a copy of such addendum will be mailed or delivered to each person receiving a set of the Contract Documents. No person is authorized to make any oral interpretation of any provision in the Contract Documen ts to any Bidder, and no Bidder is authorized to rely on any such unauthorized oral interpretation.
16. ADDENDA: The effect of all addenda to the Contract Documents shall be considered in the bid package and said addenda shall be made part of the Contract Doc uments and shall be returned with the bid package. Failure to submit any such addenda with the bid package may render the bid irregular and result in its rejection by the City.
17. QUESTIONS TO THE ENGINEER: Pre-bid questions and requests for interpretation (RFIs) of the bid documents (i.e. Plans, Specifications, Contract Documents, Bid Forms, etc.) shall be submitted no later than 5:00 PM Monday, August 22, 2022. Any questions or RFI requests submitted after the advertised date may not receive a response. Substitution proposals will only be considered during the bidding phase.
18. EQUIVALENT MATERIALS: Requests for the use of equivalents to those specified, must be submitted to the City during the bidding phase. All substitution proposal requests shall be submit ted to the City for review no later than 5:00 pm Monday, August 22, 2022. No substitution proposals will be accepted after the advertised date, and substitutions will not be considered after award. It is the sole responsibility of the successful bidder to prove to the City that a proposed substitute is truly an equivalent to what has been specified.
19. EVIDENCE OF RESPONSIBILITY : Upon the request of the City, a bidder whose bid is under consideration for the award of the contract shall submit promptly to the City satisfactory evidence showing the Bidder's financial resources, its construction experience, and its organization and plant facilities available for the performance of the contract.
20. LEGAL RESPONSIBILITIES: All proposals must be submitted, filed, made and executed in accordance with State and Federal laws relating to bids for contracts of this nature whether the same or expressly referred to herein or not. Any Bidder submitting a proposal shall by such action thereby agree to each and all of the terms, conditions, provisions and requirements set forth, contemplated and referred to in the Plans, Specifications and other Contract Documents, and to full compliance therewith. Additionally, any Bidder submitting a proposal shall, by such action thereby, agre e to pay at least the minimum prevailing per diem wages as provided in Section 1773, et. seq. of the Labor Code for each craft, classification or type of workman required as set forth by the Director of Industrial Relations of the State of California.
21. ANTI-DISCRIMINATION: It is the policy of the City that in connection with all work performed under contracts, there be no discrimination against any prospective or active employee engaged in the work because of race, color, ancestry, national origin, religiou s creed, sex, age, or marital status. The Contractor agrees to comply with applicable Federal and California laws including, but not limited to, the California Fair Employment Practice Act, beginning with Government Code Section 12900, and Labor Code Secti on 1735. In addition, the Contractor agrees to require like compliance by any subcontractors employed on the work by him/her.
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B-4
22. DRUG-FREE WORKPLACE POLICY : Contractor, upon notification of contract award, shall establish a Drug -Free Awareness Program to in form employees of the dangers of drug abuse in the workplace, the penalties that may be imposed upon employees for drug abuse violations occurring in the workplace, and the employee assistance programs available to employees. Each employee engaged in the p erformance of a City contract must be notified of this Drug -Free Awareness Program, and must abide by its terms.
Contractor shall conform to all the requirements of City's Policy No. 100-5. Failure to establish a program, notify employees, or inform the Ci ty of a drug -related workplace conviction will constitute a material breach of contract and cause for immediate termination of the contract by the City.
23. BID PROTEST PROCEDURES : Any bid protest must be submitted in writing before 5:00 PM of the 5 th business day following bid openings. The initial protest document shall contain a complete statement of the basis for the protest. The protest shall refer to the specific portion of the document which forms the basis for the protest. The protest shall include the name, address and telephone number of the person representing the protesting party. The party filing the protest shall concurrently transmit a copy of the initial protest document and any attached documentation to all other parties with a direct financial interest which may be adversely affected by the outcome of the protest. Such parties shall include all other Bidders or proposers who appear to have a reasonable prospect of receiving an award depending upon the outcome of the protest. Upon receipt of a b id protest, the matter shall be reviewed by the Public Services Director, whose decision shall be final. This procedure supersedes the procedure of appeal outlined in City of Costa Mesa Municipal Code Section 2-303.
24. ASSEMBLY BILL 626 : Assembly Bill 626 ( AB 626), adds section 9204 to the Public Contract Code creating a claims resolution process applicable to any claim (as defined) by a contractor against a public entity filed in connection with a public works project. Section 9204 applies to public works contracts entered into on and after January 1, 2017. The legislation was supposed to sunset (end) on January 1, 2020, unless extended by subsequent legislation. The summary of Section 9204 is specified as follows:
In the event of any dispute or controve rsy with the City over any matter whatsoever, the Contractor shall not cause any delay or cessation in or of Work, but shall proceed with the performance of the Work in dispute. The Contractor shall retain any and all rights provided that pertain to the r esolution of disputes and protests between the parties. The Disputed Work will be categorized as an “unresolved dispute” and payment, if any, shall be as later determined by agreement or a court of law. The Contractor shall keep accurate, detailed records of all Disputed Work, claims and other disputed matters.
All claims arising out of or related to the Contract Documents or this Project, and the consideration and payment of such claims, are subject to the Government Claims Act (Government Code Section 810 et seq.) with regard to filing claims. All such claims are also subject to the dispute procedures set forth in Public Contract Code Section 9204 and Public Contract Code Section 20104, et seq. (Article 1.5), to the extent each is applicable.
This Contract hereby incorporates those provisions as through fully set forth herein. Thus, the Contractor or any Subcontractor must file a claim in accordance with the Government Claims Act as a prerequisite to filing a construction claim in compliance with Secti on 9204 and Section 20104 et seq. (if applicable), and must then adhere to Section 20104, et seq. and Section 9204, as applicable, pursuant to the definition of “claim” as individually defined therein.
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REQUEST FOR INTERPRETATION OF CONTRACT DOCUMENTS
Date:
Time:
Company:
Contact Person:
Address:
Telephone: FAX:
Plan Sheet:
Specification Section:
INTERPRETATION REQUESTED:
REPLY:
TO A/E:
275
SECTION C
[PROPOSAL FORM INTENTIONALLY OMITTED]
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GP-1 GENERAL PROVISIONS
SECTION D
PART 1
GENERAL PROVISIONS
SECTION 1 – GENERAL
1-1 GENERAL
[Add the following:].
Except as hereinafter provided, the provisions of the latest edition of the Standard Specifications for Public Works Construction ( “Green Book ”), and all amen dments thereto, adopted by the Joint Cooperative Committee of Southern California Chapter, American Public Works Association, Southern California District and Associated Contractors of California; hereinafter referred to as Standard Specifications, are adopted as the "Standard Specifications of the City of Costa Mesa" and shall be considered as a part of these specifications. Copies of the Standard Specifications are available from the publisher:
BNi Building News
1612 S. Clementine Street
Anaheim, California 92802
(714) 517-0971
Where specified i n these specifications, the latest edition of the California Building Code, based on the latest edition of the International Building Code, the latest edition of the "Standard Specifications and Standard Plans of t he State of California, Department of Transportation, Division of Highways," "Standard Plans of the Orange County Environmental Management Agency," and "Los Angeles County Flood Control District, Design Manual, Standard Drawings" shall apply or unless othe rwise noted in these specifications or at the direction of the ENGINEER.
Where referenced in these Specifications, the latest edition of the “City of Costa Mesa Standard Drawings” and the “Work Area Traffic Control Handbook (WATCH)” published by Building News, Inc., shall also apply.
The section numbers of these General Provisions coincide with those of the said Standard Specifications. Only those sections requiring amendment, elaboration, or specifying options, are called out.
The following modificatio ns are made to the "Standard Specifications." If there is a conflict between the "Standard Specifications" and these modifications, these modifications shall have first precedence.
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GP-2 GENERAL PROVISIONS
1-2 TERMS AND DEFINITIONS
[Add or redefine the following:].
(a) AGENCY The City of Costa Mesa, California, hereinafter referred to as "CITY."
(b) BOARD The City Council of the City of Costa Mesa,
California, hereinafter referred to as "BOARD."
(c) CONTRACT
DOCUMENTS
Documents including but not limited to the
following: T he proposal form P -1 through P -11,
Notice Inviting Bids, Standard Specifications,
General Provisions, Special Provisions, Technical
Specifications, Plans, Bonds, Insurance
Certificates, Agreement, and all Addenda setting
forth any modifications of the documents as further
specified in contract agreement.
(d) ENGINEER
The administrating officer of the City of Costa
Mesa or his authorized representative hereinafter
referred to as ENGINEER.
(e) BIDDER Any individual, firm, partnership, corpo ration, or combination thereof, submitting a bid proposal for
the work contemplated in the contract documents,
acting directly or through a duly authorized
representative, hereinafter referred to as BIDDER.
(f) LEGAL ADDRESS OF
CONTRACTOR
The legal a ddress of the Contractor shall be the
address given on the Contractor's bid and is
hereby designated as the place to which all
notices, letters or other communications to the
Contractor shall be mailed or delivered.
(g) LABORATORY An established laboratory approved and authorized by the ENGINEER for testing materials and work
involved in the contract.
1-3 ABBREVIATIONS
CALTRANS State of California, Department of Transportation, Division of Highways
O.C.E.M.A. Orange County Environmental Management
Agency
L.A.C.F.C.D. Los Angeles County Flood Control District
278
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GP-3 GENERAL PROVISIONS
1-6 BIDDING AND SUBMISSION OF THE BID
1-6.1 General
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Proposal shall be made and submitted on proposal forms P-1 through P-11 in accordance with the Notice Inviting Bids. In addition to the required signatures in the spaces provided in the proposal forms, each BIDDER shall initial each sheet of the proposal forms at the bottom right hand corner.
No person, firm, partnership, corpora tion, or combination thereof shall be allowed to make or file or be interested in more than one bid for the same work, unless alternate bids are called for. A person, firm, partnership, corporation, or combination thereof who has submitted a sub-proposal to a BIDDER or who has quoted prices on materials to a BIDDER is not thereby disqualified from submitting a sub -proposal to or quoting prices to the other bidders. If, on the opening of bids, more than one bid appears in which the same person, firm, partner ship, corporation or combination thereof is interested as a principal, all such bids shall be rejected.
Proposals with interlineations, alterations, or erasures shall be initialed by the BIDDER'S authorized agent. Alternative proposals, special conditions , or other limitations or provisions affecting the bid, except as such called for in the contract documents, will render the bid informal and may cause its rejection.
All proposals must give the prices bid for the various items of work and must be signed by the BIDDER, who shall give his address. Each bid shall have thereon the affidavit of the BIDDER that such bid is genuine and not sham nor collusive, nor made in the interest nor behalf of any other person not therein named and that the BIDDER has not directly nor indirectly induced or solicited any other BIDDER to put in a sham bid, nor induced nor solicited any person, firm, partnership, corporation, or combination thereof to refrain from bidding, and that the BIDDER has not in any manner sought by coll usion to secure himself an advantage over any other BIDDER.
A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5 of the Labor Code . It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded.
1-6.1.1 Request for Interpretation
If any person contemplating submitting a bid is in doubt as to t he meaning of any part of the Plans, Specification, or other proposed C ontract Documents, or finds discrepancies in, or omissions from the drawings or specifications, (It, he, she) may make a request to the ENGINEER, in writing, for an interpretation or correction thereof pursuant to the provisions in the Information for Bidders section of these specifications. The person 279
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submitting such a request shall be responsible for its prompt delivery. A ll such interpretations of the C ontract Documents will be made only by addenda duly issued, and a copy of each such addendum will be mailed or delivered to each person receiving a set of C ontract Documents at (its, his, her) last address of record. The CITY will not be responsible for any other explanations or interpretations of the Contract Documents.
1-6.1.2 Soil Conditions
The BIDDER shall inspect the soil conditions before submitting a bid. By submitting a bid, the BIDDER acknowledges that he is satisfied with the quality of the work area including but not restricted to the conditions affecting, handling and storage of materials, disposal of excess materials, and the soil conditions.
1-6.1.3 Return of Bid Security
Any BIDDER may withdraw its bid, either personally, or by telegraphic or written request, at any time prior to the scheduled closing time for the receipt of bids. It is the sole responsibility of the BIDDER to see that any such telegraphic or written request is delivered to the City Clerk prior to said closing time. Bid security of such BIDDERS will be returned promptly to the BIDDER.
The bid security of the BIDDER whose bid is accepted will be held by the CITY until the contract has been executed and the accompanying insurance certificates, performance bond and labor and materials bond are approved and filed, whereupon the bid security will then be returned to the BIDDER.
The bid security of the second and third lowest BIDDERS will be retained until the contract is awarded to and executed by the BIDDER whose bid is accepted, or until 45 days after the opening of bids, whichever period is shorter. The bid security of all BIDDERS other than the three lowest will be returned promptly after the opening of bids.
If a BIDDER fails or refuses promptly to execute the agreement to do the work or fails or refuses to comply with insurance and bonding requirements, the bid security shall be forfeited to the CITY and shall be collected and paid into the General Fund of the CITY.
1-6.2 Subcontractor Listing
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The ENGINEER, as duly authorized officer, may consent to subcontractor substitution requested by the Contractor subject to the limitations and notices prescribed in Section 4107 of the Public Contract Code.
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1-7 AWARD AND EXECUTION OF THE CONTRACT
1-7.1 General
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The award of contract, if awarded, will be to the lowest responsive and responsible bidder whose proposal complies with all requirements of the Not ice Inviting Bids and Section 1-6 of these specifications. The BIDDER, upon notification as the "apparent low bidder," shall comply with the CITY'S insurance and bonding requirements by submitting the required insurance certificates and bonds within fourteen (14) days after the mailing of a Notice of Award to the BIDDER that the contract is ready for execution. The contract will be awarded within thirty (30) days of receipt of properly approved insurance certificates and bonds pursuant to CITY requirements spelled out in these specifications. BIDDER must take particular note of "insurance requirements" contained in these specifications and sample agreement included within the contract documents, and should provide that information to his insurance broker in order that a properly executed certificate is submitted. The CITY, however, reserves the right to reject any or all bids and to waive any informality in the bids received.
1-7.1.1 Execution of Agreement
The Agreement shall be signed by the successful BID DER and returned to the CITY no later than fourteen (14) days from Notice of Award of the C ontract by the CITY .
Failure to comply with insurance and bonding requirements as specified in the Agreement and in Section 1-7.1 of the se General Provisions shall b e considered grounds for the revocation and rejection of the bid and forfeiture of bid security. No proposal shall be considered binding upon the CITY until the execution of the agreement by the CITY. In case of conflict, the agreement shall have precedenc e over all other written specifications.
1-7.2 Contract Bonds
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The "Faithful Performance Bond" and the "Labor and Material Bond" as specified in this section shall be for one hundred percent (100%) of the Contract price. The Labor a nd Material Bond shall be maintained by the Contractor in full force and effect for at least seven (7) months following the filing of the Notice of Completion. The Faithful Performance Bond shall also be kept by the Contractor in full force and effect for at least one (1) year following the filing of the Notice of Completion.
CONTRACTOR shall provide the following:
A certified copy of the certificate of authority of the surety issued by the Insurance Commissioner.
A certificate from the clerk of the county in which the court or officer is located that the certificate of authority of the surety has not been surrendered, revoked, canceled, annulled, or suspended or, in the event that it has, that renewed authority has been granted.
Copies of the surety’s most recent annual statement and quarterly statement filed with the Department of Insurance pursuant to Article 10 (commencing with Section 900) of Chapter 1 of Part 2 of Division 1 of the Insurance Code. 281
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SECTION 2 – SCOPE OF THE WORK
2-1 WORK TO BE DONE
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The CONTRACTOR shall perform all work necessary to complete the Contra ct Agreement in accordance with the Contract Documents.
The CONTRACTOR shall provide and furnish all labor, operations, materials, tools , equipment, supplies, manufactured articles, and incidentals necessary to perform and complete the Work as shown on the Plans and these Contract Documents, to the satisfaction of the ENGINEER.
Reference the Special Provisions for specific project details.
2-2 PERMITS
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All permits and licenses shall be obtained in sufficient time to prevent delays to the work. Permit fees for all City-issued permits shall be waived. Fees for any other permits must be paid by the Contractor and be included in the price bid for this work.
In the event that the CITY has obtai ned permits, licenses or other authorizations applicable to the work, the Contractor shall comply with the provisions of said permits, licenses and other authorizations.
2-5 THE CONTRACTOR’S EQUIPMENT AND FACILITIES
2-5.1 General
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The Contractor shall only use the proper construction equipment to protect the City streets from breaking up and deterioration. Haul trucks shall be limited to a gross vehicle weight of 10 tons or less.
2-5.2 Temporary Utility Services
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The Contractor shall provide for his employees an adequate supply of clean, potable drinking water, which shall be dispensed through approved sanitary facilities.
If water is needed during construction, Contractor shall contact Mesa Consolidated Water District to obtain necessary permits, instructions, and meters prior to commencing work. The Contractor is required to make any and all necessary installations and connections. All water shall be metered. The Contractor shall pay for all deposits and fees involved.
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2-5.4 Haul Routes
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In order to protect the City streets from deterioration due to hauling of materials, the Contractor shall submit to the ENGINEER (at the pre -construction meeting) for approval, a proposed route for the hauling of materials for disposal. Upon approval, the Contractor shall strictly adhere to that route only, unless written permission from the ENGINEER is obtained to change the route.
Where haul routes have not been established at a pre -construction meeting the Contractor shall submit to the ENGINEER for approval, a proposed haul route at least 5 working days prior to performing any work that requires hauling.
Waste Hauler Requirements
The California Green Building Standards Code, 2016 Edition, C alifornia Code of Regulations, Title 24, Part 11, impacting waste diversion as documented in the City of Costa Mesa’s Municipal Code Chapter 4 of Title 8, requires that all construction and demolition related projects divert 65% of project waste generated from the landfill.
Consequently, permitted building projects relating to construction and demolition, newly constructed buildings, additions, alterations, interior and exterior demolitions, etc., are required to divert a minimum of 65% of nonhazardous cons truction and demolition waste from the landfill by recycling, reuse, or salvage. Generally, these materials include brick, drywall, other masonry, cardboard, green waste, paper, carpet, lumber, plastic, concrete, and/or metals. Asphalt, concrete, excavate d soil and land -clearing debris should be 100% diverted from disposal. The County provides a suggested list of locations that are meeting and/or exceeding the 65% diversion requirement and may be used for recycling construction and demolition material.
The City of Costa Mesa requires that all hauling activity in Costa Mesa comply with one of the waste hauling options for your construction and demolition related project:
Use Franchise Waste Hauler
Self-Haul Permit - https://www.costamesaca.gov/city-hall/city-departments/public- services/waste-collection-and-recycling
A Construction and Demolition Reporting Form as provided in the Miscellaneous Document Section of these Specifications must be completed and submitted by the Contractor to the CITY prior to the release of retention monies.
2-7 CHANGES INITIATED BY THE AGENCY
2-7.1 General
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ENGINEER shall be the duly authorized officer of the CITY who may grant the changes prescribed in this section.
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GP-8 GENERAL PROVISIONS
2-8 EXTRA WORK
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The extra work as defined in this section of the Standard Specifications and any work done by the Contractor beyond the lines and grades shown on the plans shall only be performed when ordered in writing by the ENGINEER. In absence of such written order, any such work by the Contractor shall be considered unauthorized and will not be paid.
Work so done may be ordered to be removed at the Contractor's expense.
2-9 CHANGED CONDITIONS
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The Contractor shall promptly act to supply all information to the ENGINEER for proper evaluation. Failure to do so shall constitute a waiver of any payment for delays suffered by the Contractor.
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SECTION 3 – CONTROL OF THE WORK
3-1 ASSIGNMENT
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No contract or portion thereof may be assigned without written consent of the BOARD.
3-4 AUTHORITY OF THE BOARD AND THE ENGINEER
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When any of the various units or operations of the work have been suspended, the Contractor shall give at lea st 24 hours advance notice of the time when he or his subcontractor will start or resume any of such units or operations. That notice is to be given during working hours, exclusive of Saturdays, Sundays or holidays, for the purpose of permitting the ENGINE ER to make necessary assignments to his representative on the work.
Any work performed in conflict with said notice, without the presence or approval of the ENGINEER, or work covered up without notice, approval or consent may be rejected or ordered to be uncovered for examination at Contractor's expense and shall be removed at Contractor's expense, if so ordered by the ENGINEER or his representative on the work. Any unauthorized or defective work, defective material or workmanship or any unfaithful or impe rfect work that may be discovered before the final payment and final acceptance of work shall be corrected immediately by the Contractor without extra charge even though it may have been overlooked in previous inspections and estimates or may have been caused due to failure to inspect the work.
All authorized alterations affecting the requirements and information given on the approved plans shall be in writing. No changes shall be made on any plan or drawing by the Contractor after the same has been approv ed by the ENGINEER, except by direction of the ENGINEER in writing. Deviations from the approved plans, as may be required by critical conditions of construction, must be authorized in writing by the ENGINEER.
All instructions, rulings and decisions of the ENGINEER shall be in writing and are binding on all parties unless a formal protest is made as provided in the following paragraph:
If the Contractor considers any work demanded of him to be outside the requirements of the contract, or if he considers an y instruction, ruling or decision of the ENGINEER or ENGINEER'S representative to be unfair, the Contractor shall, within ten (10) days after any such demand is made, or instruction, ruling or decision is given, file a written protest with the ENGINEER, st ating clearly and in detail his objections and reasons therefor.
Except for such protests and objections as are made of record, in the manner and within the time above stated, the Contractor shall be deemed to have waived and does hereby waive all claims f or extra work, damages and extensions of time on account of demands, instructions, rulings and decisions of the ENGINEER.
Upon receipt of any such protest from the Contractor, the ENGINEER shall review the demand, instruction, ruling or decision objected to and shall promptly advise the 285
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Contractor, in writing, of his final decision, which shall be binding on all parties, unless within the ten (10) days thereafter the Contractor shall file with the BOARD a formal protest against said decision of the ENGINEE R. The BOARD shall consider and render a final decision on any such protest within thirty (30) days of receipt of same. If the BOARD fails to consider and render a final decision on any such protest within thirty (30) days of receipt of the same, the protest shall be deemed denied.
3-5 INSPECTION
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If the Contractor requests and receives approval from the ENGINEER to receive inspection services from the CITY outside of a normal eight (8) hour day/forty (40) hour work week or on Satu rday, Sunday, or CITY holidays, the Contractor shall arrange with the CITY and ENGINEER for the special inspection services and Contractor shall pay for such special inspection services at a fee established by the ENGINEER to defray the cost for such service.
All work, which has been inspected and deemed defective in its construction or does not meet all of the requirements of the plans and/or specifications by the ENGINEER shall be remedied, or removed and replaced by the Contractor in an acceptable manne r, and no compensation will be allowed for such correction.
Any work done beyond the limits of the lines and grades shown on the plans or established by the ENGINEER or extra work done without written authority will be considered as unauthorized and not be paid.
Upon failure on the part of the Contractor to comply with any order of the ENGINEER made under the provisions of this article, the ENGINEER shall have authority to cause defective work to be remedied, or removed and replaced, and unauthorized work to be removed, and to deduct the costs and thereof from any monies due or to come due the Contractor.
Payment will not be made for materials wasted or disposed of in a manner not called for under the Contract. This includes rejected material not unloaded from vehicles, material rejected after is has been placed and material placed outside the limits of the project.
No compensation will be allowed for disposing of rejected or excess material.
3-6 THE CONTRACTOR'S REPRESENTATIVE
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Contractor shall file with the ENGINEER the addresses and telephone numbers where its designated representative may be reached during hours when the work is not in progress.
Instructions and information given by the ENGINEER to the Contractor's authorized representative or at the address or telephone numbers filed in accordance with this section shall be considered as having been given to the Contractor.
The Contractor shall have on the work site at all times a competent English -speaking superintendent, as his agent, capable of reading and thoroughly understanding the 286
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plans and specifications and other related documents.
3-7 CONTRACT DOCUMENTS
3-7.1 General
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Contractor will obtain from the ENGINEER, free of charge, copies of plans, general provisions, special provisions and additions to the Standard Specifications that are reasonably necessary for the execution of work.
Contractor shall, at its own expense, obtain copies of the Standard Specifications and Standard Plans and Specifications of CALTRANS, for his general use.
If after the Contract is awarded it appears that the work to be done, or any matter relative thereto, is not sufficiently detailed or explained in the specifications and plans, the Contractor shall apply to the ENG INEER for such further explanations as may be necessary and shall conform to such explanation or interpretation as part of the Contract.
All scaled dimensions are approximate. Before proceeding with the work, the Contractor shall carefully check and veri fy all dimensions and quantities and shall immediately inform the ENGINEER or his representative of any discrepancies.
3-10 SURVEYING
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3-10.1 General
The Contractor will perform and be responsible for the accuracy of setti ng all required survey stakes adequate for the construction of the project.
3-10.3 Line and Grade
Unless otherwise provided in the Special Provisions, lines and grades for construction shall be the responsibility of the Contractor, with the following provisions:
All work under this Contract shall be built in accordance with the lines and grades shown on the plans. Field survey for establishing the lines and grades and for the control of construction shall be the responsibility of the Contractor. All su ch surveys, including construction staking, shall be under the supervision of a California -licensed land surveyor or by a California -licensed civil engineer allowed by law. Staking shall be performed on all items ordinarily requiring grade and alignment, a t intervals normally accepted by the agencies and the trade involved.
The Contractor shall provide a copy of the office calculations and grade sheets to the City Inspector. The Contractor shall be responsible for any error in the finished work and shall notify the ENGINEER within one (1) working day of any discrepancies or design errors discovered during staking.
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Unless a separate bid item is provided, the payment for surveying, construction staking, professional services, office calculations, furnishing all labor, materials, equipment, tools and incidentals, and for doing all work involved shall be considered as included in the various items of work, and no additional compensation will be allowed.
3-12 WORK SITE MAINTENANCE
3-12.1 General
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Unless the construction dictates otherwise, and unless otherwise approved by the ENGINEER, Contractor shall furnish and operate a self -loading motor sweeper with a functional water spray nozzle system at least once each wor king day to keep paved areas in the Work zone and along all haul routes acceptably clean whenever construction, including restoration, is incomplete.
3-12.2 Air Pollution Control
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Failure of the Contractor to comply with the ENGINEER'S dust control orders may result in an order to suspend work until the condition is corrected and, after giving notice to the Contractor, the ENGINEER may order the condition corrected by others. All costs thus incurred shall be deducted from the amou nt to be paid to Contractor. No additional compensation will be allowed as a result of such suspension.
No separate payment will be made for any work performed nor material used to control dust resulting from Contractor's performance of the work or from p ublic traffic, either inside or outside the right -of-way. Full compensation for such dust control will be considered to be included in the prices paid for the various items of Work involved.
3-12.4.1 General
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All surplus materials shall be removed from the site of the Work within five (5) days after completion of the Work causing the surplus materials.
3-12.6 Water Pollution Control
3-12.6.1 General
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Discharge of storm water from construction sites that distu rb land equal to or greater than one (1) acre must be in compliance with the state General Construction Activity Permit (Construction Permit). The latest permit provisions of the Construction Permit shall apply. The Contractor is required to contact the Sa nta Ana Regional Water Quality 288
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Control Board (Regional Board) for all information contained in the Construction Permit.
In the event project construction occurs during the transition of revised Construction Permits, the Contractor shall incorporate the nec essary modifications specified by the revised Construction Permit within the time period specified in the new Construction Permit.
Project Soil Disturbance is:
Less than 1 acre .: No General Construction Permit required
Construction activity subject to the Construction Permit includes clearing, grading, disturbance to the ground such as stockpiling, work area, or excavation that results in soil disturbances of at least one acre of total land area. Construction activity that results in soil disturban ces of less than one acre is subject to the Construction Permit if the construction activity is a part of a larger common plan of development that encompasses one or more acres of soil disturbance or if it is determined that discharges from the project pose a significant threat to water quality.
The CONTRACTOR shall have an account with the State for SMARTS (Storm Water Multiple Application and Report Tracking System). The CONTRACTOR shall contact the CITY with their user ID so that the CITY will grant the CONTRACTOR access as a Data Submitter.
The CONTRACTOR shall complete the NOI within SMARTS
https://smarts.waterboards.ca.gov/smarts/faces/SwSmartsLogin.jsp The CONTRACTOR will notify the CITY when the NOI is ready for the CITY to submit to the State. The CONTRACTOR shall pay all fees associated with the NOI process. The CONTRACTOR shall also complete all required reports within SMARTS as required by the General Permit and the Project’s Storm Water Pollution Prevention Plan (SWPPP).
The CONTRACTOR shall complete the Annual Report and NOT within SMARTS. Once the CITY has been notified, the CITY will review and submit to the State for processing.
A copy of the latest permit is available at:
http://www.waterboards.ca.gov/water_issues/programs/stormwater/constpermits.shtml
The CONTRACTOR is hereby directed to read the Construction Permit thoroughly and comply with the requirements as specified therein.
3-12.6.2 Best Management Practices (BMPs)
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The Contractor shall install and maintain the appropriate Best Management Practices (BMPs) to protect water quality within the project limits through the duration of the Project.
The Contractor shall be re sponsible for any damage to any portion of the Work occasioned by failure to provide proper drainage control prior to the completion and acceptance of the Work.
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Payment for furnishing, installing and maintaining BMP s inclusive of sweeping the Project site as required or directed by the ENGINEER shall be included in the other various bid items associated with the work and no additional payment will be allowed thereof.
3-12.6.3 Storm Water Pollution Prevention Plan (SWPPP)
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If a Gener al Construction Permit is required pursuant to Section 3 -12.6.1 of these General Provisions, the following Storm Water Pollution Prevention Plan ( SWPPP) requirements shall be adhered to:
The Contractor is responsible for the preparation and implementation of a SWPPP as required by the Construction Permit. The Contractor is responsible for completing all parts of the SWPPP including, REAPs, monitoring, sampling, rain gauge records, weather reports, submitting pictures of every third storm, non -authorized di scharge reports, Ad -Hoc reports, Annual Reports, post construction BMPs and other requirements of the SWPPP.
The completed SWPPP must be signed by a QSD (Qualified SWPPP Developer). The completed SWPPP must be submitted to the resident engineer for Cit y review and acceptance, prior to uploading to SMARTS. The Contractor will be responsible for uploading an electronic format of the SWPPP into SMARTS. The SWPPP must be signed by the City before construction begins. A copy of the SWPPP must be available at the site at all times and must be implemented and revised in accordance with the Construction Permit throughout the duration of the project.
Contractor must have QSP (Qualified SWPPP Practi tioner). Contractor shall perform site inspections before and after the storm event, and once each 24 -hour period during extended storm event, to identify BMP effectiveness and implement repairs or BMP modifications as soon as possible. Sampling of potential pollutant discharges shall be conducted by trained personne l and required laboratory test conducted by laboratory accredited by the California Department of Health Services Environmental Laboratory Accreditation Program.
Contractor shall be responsible for any penalties assessed against the City if the penalty as sessed is due to Contractor’s violation of the Construction Permit requirement, or Contractor’s failure to fully implement and monitor SWPPP as required.
Erosion and Sediment Control Plans
Erosion and Sediment Control Plans shall be prepared by the Contr actor as part of the SWPPP that identify adequate controls to prevent erosion and discharge of sediment off-site. Payment for the Erosion and Sediment Control Plans shall be included as part of the SWPPP.
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3-12.6.4 Dewatering
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Unless otherwise directed in these Special Provisions, the Contractor shall provide and maintain ample means and devices with which to promptly remove and properly dispose of water entering the excavations or other parts of the work at all times during construction. Dewatering shall be accomplished by methods which will ensure a dry excavation and preservation of the final lines and grades of the bottoms of excavations.
The methods may include sump pumps, deep wells, well points, suitable rock or gravel placed b elow the required bedding for draining and pumping purposes, temporary pipelines, and other means.
Standby pumping equipment shall be on the job site. A minimum of one standby unit shall be available for immediate installation should any well unit fail. T he design and installation of well points or deep wells shall be suitable for the accomplishment of the work. Drawings or details indicating the proposed dewatering system shall be submitted to the CITY for review.
The Contractor shall dispose of the wate r from the work in a suitable manner without damage to adjacent property.
Conveyance of the water shall be such as to not interfere with traffic flow or treatment facilities operations. No water shall be drained into work built or under construction without prior consent of the ENGINEER.
Water shall be disposed of in such a manner as not to be a menace to the public health and such disposal shall be performed in accordance with Environmental Protection Agency and State Water Quality Control Board standard s (NPDES permit). Any testing and reports required under NPDES permit shall be performed by the Contractor and submitted to the appropriate agency for approval at no additional cost to the CITY.
3-13 COMPLETION, ACCEPTANCE, AND WARRANTY
3-13.3 Warranty
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The warranty period shall start on the date the Work is accepted by the Board. 291
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SECTION 4 – CONTROL OF MATERIALS
4-4 TESTING
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All tests of materials furnished by the Co ntractor shall be made in accordance with commonly recognized standards of national organizations and such special methods and tests as are prescribed in these specifications. No materials shall be used until they have been approved by the ENGINEER.
The Contractor shall at his expense furnish the CITY, in triplicate, certified copies of all required factory and mill test reports. Any materials shipped by the Contractor from a factory or mill prior to having satisfactorily passed such testing and inspectio n by a representative of the CITY shall not be incorporated in the work, unless the ENGINEER shall have notified the Contractor, in writing, that such testing and inspection will not be required.
At the option of the ENGINEER, the source of supply of each of the materials shall be approved by the ENGINEER before delivery is started and before such material is used in the work.
Unless otherwise provided in the Special Provisions, the CITY will complete and pay for the initial soils, compaction, and materia l tests. Any subsequent soil, compaction, and material tests deemed necessary due to the failure of initial tests will be at the Contractor's expense and deducted from the payment due.
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SECTION 5 – LEGAL RELATIONS AND RESPOSIBILITIES
5-1 LAWS AND REGULATIONS
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The Contractor shall protect and indemnify the CITY, the BOARD, the ENGINEER, and all of its or their officers, agents and servants against any claim or liability arising from or based on the violation of any existing or futur e State, Federal and local laws, ordinances, regulations, orders or decrees, whether by himself or his employees. If any discrepancy or inconsistency is discovered in the plans, drawings, specifications or contract for the work in relation to any such law, ordinance, regulation, order or decree, the Contractor shall forthwith report the same to the ENGINEER in writing.
5-2 SPECIAL NOTICES
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In addition to the special notices requirement to be served by Personnel Delivery or Certified Mail, special notices may also be served by the utilization of FedEx or UPS express service with a confirmed delivery receipt. Service shell be effective on the date of the receipt of the delivery confirm issued by FedEx or UPS.
5-3 LABOR
5-3.3 Payroll Records
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In order to verify compliance with the Labor Code, Contractor shall furnish to the ENGINEER, weekly, for the duration of the contract period, copies of his payroll statements showing wages paid to each employee during the pre ceding week and the employee work classification. Use of Form DH-C-347, Payroll Statement of Compliance, is an acceptable method of fulfilling the above requirement.
5-3.5 Apprentices
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Attention is directed to the provision s of Sections 1777.5 and 1777.6 of the Labor Code concerning the employment of apprentices by the Contractor or any subcontractor under it. The Contractor and any subcontractor under it shall comply with the requirements of those Sections in the employment of apprentices.
Information relative to apprenticeship standards, wage schedules and other requirements may be obtained from the Director of Industrial Relations, Ex -officio the Administrator of Apprenticeship, San Francisco, California, or from the Divi sion of Apprenticeship Standards and its branch offices.
5-4 INSURANCE
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The minimum amounts and types of insurance coverages are as stated in the Agreement (sample copy attached). Prior to bid submittal the BIDDER shall ke ep fully 293
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informed of the latest insurance requirements of the City of Costa Mesa and shall comply with all other provisions of Section 5-4 of the Standard Specifications.
Below are approved endorsements which satisfy the basic insurance requirements contained in contracts entered into by City of Costa Mesa. These have been approved by the City Attorney's office. The terms of any specific contract with the City are controlling. Prior to the commencement of any work, the CITY requires that the ENGINEER receive Certificates of Insurance in DUPLICATE for liability coverage of at least $1,000,000 combined single limit, per occurrence and in the aggregate.
Each insurance policy required by the CITY of the Contractor shall contain the following endorsements:
1. Additional Insureds
"The City of Costa Mesa and its elected and appointed boards, officers, agents, and employees are additional insureds with respect to the subject project and agreement."
2. Notice
"Said policy shall not terminate, nor shall it be can celed nor the coverage reduced, until thirty (30) days after written notice is given to City."
3. Other Insurance
"Any other insurance maintained by the City of Costa Mesa shall be excess and not contributing with the insurance provided by this policy."
If any of such policies provide for a deductible or self -insured retention to provide such coverage, the amount of such deductible or self -insured retention shall be approved in advance by City. No policy of insurance issued as to which the City is an ad ditional insured shall contain a provision which requires that no insured except the named insured can satisfy any such deductible or self-insured retention.
5-7 SAFETY
5-7.1 Work Site Safety
5-7.1.1 General
[Add the following:].
Material or other obstructions shall not be placed within fifteen feet (15') of fire hydrants.
Fire hydrants shall be made readily accessible to the Fire Department at all times.
5-7.8 Steel Plate Covers
5-7.8.1 General
[Add the following:].
All steel plate covers utiliz ed for the project must be slide resistant. A non-slip coating will be required on the side of the steel plate that that will be utilized for the driving or walking surface.
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SECTION 6 – PROSECUTION AND PROGRESS OF THE WORK
6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF THE WORK
6-1.1 Construction Schedule
[Replace the 1st Paragraph with the following:].
The Contractor's proposed Construction Work Schedule shall be submitted to the ENGINEER for approval within ten (10) working days after the date of the BOARD’s execution of the Contract Agreement. The Construction Work Schedule shall be supported by written statements from each supplier of materials or equipment indicating that all orders have been placed and acknowledged, and setting forth the dates that each item will be delivered. The Construction Work Schedule shall provide sufficient detail to delineate the main milestones start and end dates for each activity with chronological relationships of all the activities of Work showing the number of working days required to complete the entire project within the Contract Days. The schedule shall also incorporate the requirements of Section 402 -5 of the Standard Specifications to complete the Work within the Contract Days. Prior to issuing the Limited Notice-to- Proceed, the ENGINEER will schedule a preconstruction meeting with the Contractor to review the proposed Construction Work Schedule, delivery dates, activity milestone dates, arrange utility coordination, discuss construction methods and staging, and clarify inspection procedures.
The Contractor shall submit progress reports to the ENGINEER by the tenth day of each month. The report shall include an updated Construction Work Schedule. All revisions shall be completed within three days after review by t he ENGINEER. The Contractor shall submit requests for changes in the schedule to the CITY for approval at least three (3) working days prior to performing any work. Any deviations from the original approved Construction Work Schedule shall be explained an d identified in the updated Construction Work Schedule. Progress payments will be withheld pending receipt of any outstanding reports.
The Contractor shall furnish the ENGINEER with a 3-week look ahead- schedule in a tabular format at every weekly construction meeting. The 3-week look ahead schedule shall utilize the main milestones within the approved Baseline Construction Schedule with updates and include sub-activities.
[Add the following:].
6-1.3 Daily Report Submittal
Contractor shall submit dail y reports to the CITY at the end of each working day. All forms shall be provided by the CITY. Any cost for this item shall be included in the various items of work and no other compensation will be allowed.
6-3 TIME OF COMPLETION
6-3.1 General
[Replace the 1st Sentence with the following:].
The Contractor shall begin the Work within TEN (10) WORKING DAYS after the date the Contract is executed by CITY unless a later start date is agreed upon by the CITY 295
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and C ontractor within written Limited Notice-to-Proceed and Notice-to-Proceed. The INVESTIGATORY SITE W ORK shall be completed within NINTY (90) CALENDAR DAYS from the date set in the Limited Notice-to-Proceed and The CONSTRUCTION SITE WORK shall be completed within TWENTY-FIVE (25) WORKING DAYS from the date set in the Notice -to-Proceed or the first day of commencement of Work, whichever occurs first.
6-5 USE OF IMPROVEMENT DURING CONSTRUCTION
[Add the following:].
Should it become necessary, due to developed conditions , to occupy any portion of the Work before Contract is fully completed, such occupancy shall not constitute acceptance by the CITY of work by Contractor.
6-7 TERMINATION OF THE CONTRACT FOR DEFAULT
6-7.3 Notice of Termination for Default
[Replace the 1st Paragraph with the following:].
The ENGINEER will make the determination if the Contractor had failed to commence satisfactory corrective action within 5 working days after the receipt of the notice to cure, or to diligently continue satisfactory and timely correc tion of the default thereafter, and will take action as allowed by the Contract Documents.
6-7.4 Responsibilities of Surety
[Add the following:].
Within 3 working days of receipt of the written notice of termination for default, the Surety shall provide the services needed to maintain the project in accordance with the Contract Documents. The services shall maintain the existing traffic control in place and the maintenance of the project site until the Engineer’s review and acceptance of the Surety’s plan for course of action.
6-9 LIQUIDATED DAMAGES
[Replace the 1ST Paragraph with the following:].
The CONTRACTOR shall pay to the CITY the sum of $525 per calendar day, for each and every calendar day’s delay in finishing the Work in excess of the number of Working Days prescribed within these General Provisions and the Agreement , or per the direction of the Engineer. Liquidated damages are calculated per Chapter 12 of the latest edition of the Caltrans Local Assistance Procedures Manual (LAPM). 296
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SECTION 7 – MEASUREMENT AND PAYMENT
7-3 PAYMENT
7-3.1 General
[Replace the 1ST Paragraph with the following:].
Payment for the various items listed on the Bid Proposal, as further specified herein, shall constitute full compensation to the Contrac tor for furnishing all material, tools, equipment, supplies, and manufactured articles, and for all labor, operations, and incidentals appurtenant to the items of Work and as specified and shown on the drawings, including all costs for compliance with the regulations of public agencies having jurisdiction, including Safety and Health Requirements of the California Division of Industrial Safety and the Occupational Safety and Health Administration (OSHA) of the U.S. Department of Labor. No separate payment w ill be made for any item that is not specifically set forth in the Bid Proposal. Costs arising from violations of regulations will be paid by the offending party to the extent that there will be no additional cost to the CITY.
When no bid item is provided for work/improvement shown or indicated on the plans and specifications, payment for such work/improvement will be considered to be included in various applicable items of work.
7-3.2 Partial and Final Payment
[Replace the 1st Paragraph in its entirety with the following:].
The closure date for the purpose of making partial progress payments will be the last day of each month. The Contractor may request, in writing, that such monthly closure date be changed. The ENGINEER may approve such request when it is compatible with the CITY’s payment procedure.
[Replace the 2nd Paragraph in its entirety with the following:].
Each month, the Contractor shall meet with the Engineer, a minimum of three (3) working days prior to the submittal of the progress payme nt to the AGENCY, to finalize and receive approval regarding the measurement of the Work performed through the closure date and the estimated value of the progress payment based on the Contract Unit Prices or as provided for in the Standard Specifications. Any progress payment submitted without such approval will be considered incomplete and returned to the Contractor and no payment shall be considered until such approval is obtained. [Replace the 3rd Paragraph in its entirety with the following:].
The am ount retained and deducted by the BOARD shall be 5% of the progress estimates for all progress payments. No reduction in the amount of retention will be allowed. However, after 50% of the work has been completed, if the BOARD finds that satisfactory progre ss is being made, it may make any of the remaining progress payments in full for actual work completed. The final payment of the retention amount to the Contractor shall be made thirty -five (35) days after the date of the recording of the 297
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Notice of the Com pletion of the work after it is accepted by the CITY. The 5% withheld from each progress payment shall not include monies withheld for stop notices or other withholding by the CITY. The monies withheld for stop notice and other withholdings shall be in addition to the 5% withheld for retention.
[Add to end of Section the following:].
Contractor shall comply with the requirements of Division 2, Part 1, Chapter 7, Section 7107 of the California Public Contract Code.
The lead time for processing invoices for the monthly progress payments approved by the ENGINEER for inclusion on the warrant list of the CITY is governed by the rules and regulations established by the Finance Department of the CITY. Monthly payments will be processed and paid in accordance w ith the rules and regulations established or revised by the said Finance Department.
The Contractor shall submit all weight tickets or volumes of all materials used in the construction to the ENGINEER for checking and verification prior to any payment.
Failure to do so will postpone the payment to the Contractor, until the matter is resolved satisfactorily.
The weight or volume from submitted tickets must correspond to the work done in the field; if not, the City shall reject the work without compensatio n to the Contractor, and/or the Contractor shall be directed to replace that work at no additional costs to the City.
After completion of the Contract, the BOARD shall, upon recommendation of the ENGINEER, accept the Work as completed and authorize the Final Payment.
The F inal Payment shall be the entire sum found to be due the Contractor after deducting therefrom all previous payments and all amounts to be kept and all amounts to be retain ed under the provisions of the C ontract. All prior partial estimat es and payments shall be subject to correction in the final estimate and payment.
No certificate given or payment made under the Contract, except the final certificate or Final Payment, shall be conclusive evidence of full or substantial performance of th is Contract; and no payment shall be construed to be an acceptance of any defective work or improper material.
The acceptance of Final Payment by the Contractor shall release the CITY, the BOARD, and the ENGINEER from any and all claims or liabilities on account of work performed by the Contractor under the Contract or any alterations thereof.
The Contractor shall record, on the set of contract documents maintained at the job site, deviations which have been made from the Contract Documents or approved sh op drawings – including buried or concealed construction and utility features which are revealed during the course of construction. Special attention shall be given to recording the horizontal and vertical location of all buried utilities that differ from the locations indicated, or which were not indicated on the Contract Documents. Said record documents shall be supplemented by detailed sketches as necessary or directed, to indicate fully the work as actually constructed.
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GP-23 GENERAL PROVISIONS
Requests for partial payments shall not be approved until the record documents are brought up to date. Also, request for final compensation shall not be approved until all the variations between the work as constructed and as originally shown in the Contract Documents have been proper ly recorded and delivered to the City, after approved by the Engineer.
[Add the following:].
7-3.2.1 Prompt Progress Payment to Subcontractors
Contractor shall comply with the requirements of Division 2, Part 1, Chapter 7, Section 7200 of the California Public Code.
The CONTRACTOR agrees to pay each subcontractor under this Agreement for satisfactory performance of its contract no later than 7 days from the receipt of each payment the CONTRACTOR receives from CITY.
The CONTRACTOR agrees further to rel ease retainage payments to each subcontractor within 7 days after the retention payment is received by the CONTRACTOR.
Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of th e CITY. Any violation of this provision shall subject the violating prime contractor or subcontractor to the penalties, sanctions and other remedies specified in Section 7108.5 of the Business and Professions Code. This clause applies to both DBE and non-DBE prime contractors and subcontractors.
City will be strictly monitoring the Contractor for prompt payment to all subcontractors. [Add the following:].
7-3.2.2 Prompt Pay Monitoring and Enforcement of Progress Payments
The City of Costa Mesa will use the following monitoring and enforcement mechanisms to ensure that all subcontractors, including DBE’s, are promptly paid.
A. The City will strictly monitor the prime contractor or subcontractor(s) for prompt release of progress payments for all subcontracted work as follows:
1. The effective date of release is the date the City releases the check to the prime contractor by mailing or hand delivery at the City of Costa Mesa (has to be requested in writing ahead of time).
2. Prime contractor or subcontractor(s) to provide verification in writing that the subcontracts have been paid within 7 days or the time period agreed, from the effective date of release.
3. City may contact subcontractor(s) to confirm receipt of progress payment amount and if it was received wi thin 7 days or the time period agreed from the 299
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effective date of release.
B. If the prime contractor or subcontractor(s) is found to be in default of Federal or State Codes concerning prompt payment to subcontractors, City will enforce the following besides the disciplinary action, sanctions and penalties imposed per the codes:
1. City will withhold 150% of the monies due to the subcontractor(s) from the prime contractor’s next progress payment.
2. City may also elect to make the payment(s) directly to the subcon tractor(s) without the prime contractor’s approval for the remainder of the contract.
7-3.3 Delivered Materials
[Replace in its entirety with the following:].
The cost of materials and equipment delivered, but not incorporated in said work, will not be included in the progress payment estimate unless otherwise provided in these Specifications.
Materials delivered, but not in plac e, will not be classed as work done, except as otherwise provided in these Specifications.
All materials shall be nontoxic and shall not contain asbestos and hazardous substances as established by applicable laws.
7-3.4 Mobilization
[Replace in its entirety with the following:].
Mobilization shall consist of all preparatory work and operations. It shall include, but not be limited to, the movement of personnel, equipment, materials and incidentals to the project site necessary for work on the project. The mobilization shall include all other work and operations, which must be performed.
Mobilization shall also include the time, materials, and labor to move the necessary construction equipment to and from the job site and the project administration cos ts during the entire contract period.
This work shall include, but not be limited to protect -in-place and/or relocation of the facility to accommodate the construction of an improvement; including resetting curb drains through new curbing.
The Contractor shall provide supervisory personnel to keep the construction site in a safe condition and all other related work as required at all times. These requirements shall also apply to all non -working days during construction period. The Contractor is responsible for securing an adequate storage site for equipment and materials.
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GP-25 GENERAL PROVISIONS
The Contractor shall have on the work site at all times, as his agent, a competent English speaking superintendent capable of reading and thoroughly understanding the plans, specifications, and other related documents.
7-3.4.1 Travel Route for Trucking and Equipment
Plans indicating the travel route for the Contractor's equipment movement in and out of the work site must be submitted concurrently with the Haul Route Plan (Section 2-5.4) to the ENGINEER at the pre -construction meeting for approval prior to commencement of any work. The travel route plans, which meet the City’s requirements, will be approved and returned to the Contractor; otherwise, further revisions are required until they are acceptable to the City. The approved travel plans shall be strictly adhered to by the Contractor during all phases of the construction.
Any deviation from these requirements is not permitted. All the Contractor’s operations will be ceased at on ce if the Contractor violates any of these requirements. No further payments will be made to the Contractor until problems are resolved according the City’s requirements.
7-3.4.2 Construction Sequence/Order of Work
In order to minimize the inconvenience to adjacent buildings, businesses, and facilities that will remain in operation, the contractor shall construct the project and sequence the work in such a manner as to minimize impacts to the ongoing operation of adjacent buildings, businesses, and facil ities. The proposed and subsequently approved Construction Schedule will be reflective of this requirement.
7-4 PAYMENT FOR EXTRA WORK
7-4.2 Basis for Establishing Costs.
7-4.2.1 Labor
[Add the following:].
The compensation for employer’s payments o f payroll taxes; workers compensation insurance; liability insurance; health and welfare; pension; vacation; apprenticeship funds; other direct costs resulting from Federal, State, or local laws; and for assessments or benefits required by lawful collectiv e bargaining agreements to be applied to the actual cost for wages shall be 23 percent for regular time and overtime.
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GP-26 GENERAL PROVISIONS
7-4.3 Markups
7-4.3.1 Work by the Contractor
[Replace in its entirety with the following:].
The allowance for overhead and profit to be added to the Contractor’s costs shall be as follows:
Labor: 20%
Materials: 15%
Contractor Owned Equipment 15%
Equipment Rental 10%*
Other Items and Expenditures 10%
To the sum of the costs and markups provided for in this section, 1 perce nt shall be added as compensation for bonding.
* Equipment Rental rates shall be based on the latest applicable Caltrans Equipment Rental Rates.
7-4.3.2 Work by a Subcontractor
[Replace in its entirety with the following:].
When all or any part of the extra work is performed by a Subcontractor, the markup established in 3 -3.2.3(a) shall be applied to the Subcontractor’s actual cost of such work. A markup of (5) percent on subcontracted portions of added work may be added by the Contractor.
No markups will be allowed for second tier or higher subcontractors. [Add the following:].
7-6 SUMMARY OF PUBLIC CONTRACT CODE § 9204
The following procedure will apply to any claims by the Contractor on the City:
A “claim” is a separate demand on the City by a contractor on a public works project and sent by registered mail or certified mail with return receipt requested, for one or more of the following:
A time extension, including relief from penalties for delay Payment by the City of money damages under the terms of the contract Payment of an amount that is disputed by the City
Initial Review
The claim must be supported by appropriate documentation. The City ha s 45 days within which to review the claim and provide the contractor with a written statement identifying the disputed and undisputed portions of the claim. If the City does not issue a written statement, the claim is deemed rejected in its entirety. The City will pay any undisputed portion of the claim within 60 days of issuing the statement.
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Meet & Confer
If the contractor disputes the City’s written response, or if the City does not issue one, the contractor may request in writing an informal confer ence to meet and confer for possible settlement of the claim. The City will schedule the meet and confer conference within 30 days of this request and provide a written statement identifying the remaining disputed and undisputed portions of the claim withi n 10 business days of the meet and confer. The City will pay the undisputed portion within 60 days of issuing this statement.
Mediation
With respect to any disputed portion remaining after the meet and confer, the City and contractor will submit the ma tter to nonbinding mediation, agree to a mediator within 10 business days after issuing the written statement, and share mediation costs equally. If mediation is unsuccessful, then the terms of the public works agreement and applicable law will govern resolution of the dispute.
Miscellaneous Provisions
Amounts not paid by the City in a timely manner bear interest at 7% per annum.
Subcontractors may submit claims via this procedure through the general contractor.
The City and contractor may waive the re quirement to mediate, but cannot otherwise waive these claim procedures.
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INFORMATION FOR
BIDDERS
INFORMATION FOR
BIDDERS
SPECIAL PROVISIONS
SECTION E
[Add the following Section:].
PART 1.1
SPECIAL PROVISIONS
101-1 GENERAL
Additions/Modifications to Standard Specifications
The following additions are made to the latest edition of the “Standard Specifications for Public Works Construction” (The “Greenbook”) , and the General Provisions stated within the “Standard Specifications” of this Project. Should there be a conflict between any of these provisions; the Special Provisions shall have precedence.
All work shall be performed in conformance with the latest edition of the Uniform Building Code as adopted by the City of Costa Mesa. The electrical, plumbing, and fire codes, and other regulations as adopted by the City of Costa Mesa Building Official shall apply to this project.
Where referenc ed in these specifications, the latest edition of the “City of Costa Mesa Standard Drawings” and the “Work Area Traffic Control Handbook (WATCH)” published by Building News, Inc., shall also apply.
Payment for compliance with the following provisions shal l be included in the various bid items of work unless otherwise modified in the special provisions section. No additional compensation will be allowed.
If the item of work is identified within the Proposal section of these Specifications, then the following bid item descriptions will provide the corresponding bid item numbering within each corresponding section of the Standard Specifications under the Subsection entitled “Measurement and Payment” or “Payment”. All other sections and subsections shall conform to the Standard Specifications unless modified herein.
The unit prices and lump sum amounts to be paid for under the bid items listed in the Proposal shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals necessary for the completion of the work and for performing all work contemplated and embraced under the Contract, in accordance with the Plans and Contract Documents.
This shall include the Contractor's costs involved with bonding, insurance, worker's compensation, overhead, financing, obtaining required permits and permit fees, mobilization, traffic control, public convenience and safety, protective barricading/fencing, sanitary facilities, storage of equipment and materials, security against theft and vandalism, project site maintenance, dust and runoff control, clean -up including all costs for compliance with the regulations of public agencies having jurisdiction, including Safety and Health Requirements of the California Division of Industrial Relations and the Occupational Safety and Health Administration (OSHA) of the U. S. Department of Labor, and all other items related to the work.
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SP-2
INFORMATION FOR
BIDDERS
INFORMATION FOR
BIDDERS
SPECIAL PROVISIONS
Payment for compliance with the following provisions shall be included in the various bid items of work unless othe rwise modified in the special provisions section. No additional compensation will be allowed.
No separate payments will be made for any items that are not specifically set forth in the Bid Proposal. Payments for any such items are included in various bid items of work.
Costs arising from violations of regulations will be paid by the offending party to the extent that there will be no additional cost to the City.
Upon notice of award, the successful bidder may submit a schedule of values that breaks down lump sum bid items of work into separate operations to establish additional payment categories and line items of work to be completed by the Contractor. The schedule of values shall be based on the awarded bid items and may be requested by the City, or t he Contractor.
The schedule of values shall be provided by the Contractor for review by the City prior to commencement of the work.
Payment for unit price work shall be made for the actual quantities of Contract Items removed, constructed, or disposed of in accordance with the Plans and these Specifications.
Measurement of Unit Price work shall be specified in the Standard Specifications, Section 7 -1, "Measurement of Quantities for Unit Price Work." Payment for Lump Sum work shall be paid for at the price indicated in the Bid, in accordance with the Standard Specifications, Section 7 - 2, "Lump Sum Work."
Payment for all work shall be included in the various bid items. No additional compensation shall be made therefore. Work associated with each bid item sha ll include, but not be limited, to the bid descriptions set forth herein.
101-2 POLICE DEPARTMENT UNDERGROUND STORAGE TANK CLOSURE
101-2.1 General - Work to be Performed
The scope of work generally consists of providing environmental testing, utility investigation, structural assessment, geotechnical assessment, reporting, plans, permitting, and construction required to safely close the existing Police Department Underground Storage Tank.
The closure of the UST will be approached as an “abandon in place” project. However, stru ctural assessment and environmental testing may reveal unforeseen circumstances that could require additional remediation and the removal of the tank.
The initi al project approach will be to a bandon the underground storage tank, in place and the unit prices and bid schedule include the following project scope of work:
Provide engineered plans/documents, permits, and fees as required by Orange County Health Care Agency Environmental Health Division (OCHA) to permit and perform the work. Coordinate and obta in permits from the Orange County Fire Authority or local fire department and local Building Department. As well as the South Coast Air Quality Management District (SCAQMD).
Complete environmental testing while tank is in place per approved sample plan as specified by the Orange County Health Care Agency (OCHCA), Environmental Health Division’s “ DRAFT - 305
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INFORMATION FOR
BIDDERS
SPECIAL PROVISIONS
Standard Operating Procedure for Closure in Place of an Underground Storage Tank”, Appendix “A1”; and as specified in the OCHCA, Environmental Health Divisi on “Guidelines for the Removal of Underground Storage Tanks”, Appendix “A2”. Reference operating permit in Appendix “A3” and existing plans in Appendix “A4” as part of structural and geotechnical analysis/reports to develop OCHCA approved Tank closure plan. Provide assesments from structural engineer, environmental engineer, and geotechnical engineer that provide recommendation for Tank closure.
Mobilize for project and have job staffed to allow for weekly progress meetings. Set temporary fencing and approved temporary traffic control as required. Sawcut, break, dismantle, excavate, remove, and dispose/stockpile materials above tank including but not limited to existing concrete walkway, existing risers, piping runs, top of tank, tank top equipment, and dirt.
Excavate and shore around the underground tank as required. Perform SCAQMD Rule 1166 monitoring during excavation. Protect trenching and excavations throughout project. Safely stockpile and protect excavated material on site for re-use. Abandon Tank - Triple rinse with a OCHCA approved detergent and cleaning method to inert tank and certify clean.
Backfill 6,000-gallon double wall fiberglass underground storage tank, with OCHCA approved slurry mix.
Provide necessary environmental compliance, inspections , testing, borings, and an authorized tank closure report.
Remove unused vent stack from the side of the building. Backfill the excavation with the existing backfill material and provide compact subgrade and finish grade.
Remove testing equipment/facilities upon completion of environmental compliance. Form, dowel in #4 rebar to the existing concrete, and patch back any walkway concrete that was removed at the side of the building.
Landscaping to match the existing parkway , shall replace where concrete was removed from the parkway above the tank.
Provide close out package, and certified payroll records. Upon notice of award, the successful bidder shall provide a schedule of values, submittals, and comprehensive project schedule for review and approval by the City’s Public Services Department.
101-2.2 Measurement and Payment of Bid Items
BID ITEM NO. 1: MOBILIZATION AND DEMOBILIZATION
Contractor shall provide all labor, equipment, and materials for the construction of the specific improvements and repai rs established with these specifications, that include but may not be limited to items listed in section 2-1 of the General Provisions and upon referencing the project documents hereon and in the project appendices. Mobilization shall be considered full compensation for obtaining all business licenses and permits, as required for the entire project, from all related agencies, including, but not limited to, utility companies, private and public agencies and the CITY; and complying with the requirements speci fied in those licenses and permits; coordination, field office facility, all required submittals specified within these Specifications, and incidentals necessary to perform all related items of work unless otherwise stated in these special provisions. Prog ress payments for the Mobilization and Demobilization bid item shall be paid for in accordance with the completion percentage of the Project to the Contractor and shall include the cost of such mobilization/demobilization and administration during the entire Contract period. No additional compensation will be allowed.
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INFORMATION FOR
BIDDERS
SPECIAL PROVISIONS
Mobilization shall include compliance with water and air quality laws; maintaining dust control at all times; furnishing all water required for the construction work; protection of utilities, survey monuments, trees, fences, walls, landscaping and other facilities.
Mobilization shall include all related “de -mobilization” costs, including the removal of any remaining Underground Service Alert (USA) utility markings or other construction paint markings, by means of wet sand blasting or other pre -approved method on the sidewalk, curb/gutter and pavement.
Mobilization shall include all work and related work shown on the plans or described in the contract documents, which is not compensated for in a specific bid item of work. This work shall include, but not be limited to protect -in-place and/or relocations of the facility to accommodate the construction of an improvement, and removal of existing planters, trees, shrubs, and bushes.
Contractor sh all confine his operations and work area to the street right -of-way and is responsible for securing an adequate storage site for equipment and materials. No encroachment into private property will be permitted without prior written consent of the property owner and ENGINEER. Obtaining this consent will be the responsibility and at the cost of the Contractor. The Contractor shall provide supervisory personnel to keep the construction site in a safe condition at all times.
Contractor shall protect the e xisting pavment and shall not store equipment on the street. The location of any flat bed trucks used to store equipment is subject to review an approval by the City.
The Contractor shall submit a Construction Schedule at least ten (10) working days prior to commencing work. All revisions shall be completed within three (3) days after review by the City. The Contractor shall submit requests for changes in the schedule to the City for approval at least three (3) working days prior to performing any work.
Measurement and Payment for Mobilization and Demobilization shall be per Lump Sum (L.S.) price bid item for all work performed and shall include all project administration, labor, equipment, and materials as required to complete the contract work as described hereon.
No additional compensation will be allowed.
BID ITEM NO. 2: PERMITTING
Contractor shall provide necessary plans, documents, labor, equipment, and materials to complete all permitting and coordinate all inspections as required by the Orange County Health Care Agency’s (OCHCA) Environmental Health Division to perform the work in the contract .
The Contractor shall also obtain permits , provide documentation, applications, and coordinate any inspections from the City’s Fire Department, the Cit y’s Building & Saftey Division, and the South Coast Air Quality Management District (SCAQMD).
Measurement and Payment for Permitting shall be per Lump Sum (L.S.) price bid item for all permitting, inspections, coordination, labor, equipment, and material s required to complete the contract work described hereon.
No additional compensation will be allowed.
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BIDDERS
INFORMATION FOR
BIDDERS
SPECIAL PROVISIONS
BID ITEM NO. 3: ENVIRONMENTAL COMPLIANCE
Contractor shall conduct all testing and environmental engineering related to Bid Item No. 3 while the tank is still in place. The e ngineered environmental test ing report and soil sample analysis that is conducted as part of the environmental compliance shall be based on testing and soil samples collected by the contractor. Contractor shall collect up to (8) -soil samples to be used for soil contamination analysis.
Contractor shall provide/obtain necessary environmental compliance, including but not limited to plans, sampling, testing, reporting, inspections, certifications, tank closure reports, labor, equipment, and materials to satisfy all environmental requirements as set forth by the Orange County Health Care Agency (OCHCA), Environmental Health Division’s “Standard Operating Procedure for Closure in Place of an Underground Storage Tank” (Exhibit “A1”) , and as specified in the OCHCA, Environmental Health Division “Guidelines for the Removal of Underground Storage Tanks” (Exhibit “A2”) . Contractor shall provide updates regarding the Environmental Compliance by scheduling bi-weekly progress meetings with the ENGINEER.
Measurement and Payment for Environmental Compliance shall be per Lump Sum (L.S.) price bid item for all environmental sampling, testing, reporting, coordination, labor, equipment, and materials required to complete the contract work described hereon.
No additional compensation will be allowed.
BID ITEM NO. 4: SITE INVESTIGATIONS AND UTILITY LOCATION
Contractor shall conduct all testing and investigations related to Bid Item No. 4 while the tank is still in place and provide both the geotechnical engineer’s report and a structural engineer’s report to evaluate existing conditions. Testing conducted by the contractor for the engineering analysis may include exploratory borings, providing utility locations via potholing/GPR (Ground Penetrating Radar), as well as collecting soil samples to be used for soil mechanics anlysis.
Contractor shall provide updates regarding the Site Investigations and Utility Location by scheduling bi-weekly progress meetings with the ENGINEER.
Reference operating permit in Appendix “A3” and existing plans in Appendix “A4” as part of structural and geotechnical analysis/reports and to develop OCHCA approved t ank closure plan.
Upon review of the geotechnical and structural engineering reports City shall confirm and finalize the process by which the tank closure will take place and Contractor shall coordinate tank closure per the OCHCA regulations.
Measurement and Payment for Site Investigatation and Utility Location shall be per Lump Sum (L.S.) price bid item for all geotechnical and structural engineering, engineering reports, utility investigations, utility reporting, OCHCA coordination, labor, equipment, and materials required to complete the contract work described hereon.
No additional compensation will be allowed.
308
SP-6
INFORMATION FOR
BIDDERS
INFORMATION FOR
BIDDERS
SPECIAL PROVISIONS
BID ITEM NO. 5: SITE PREP AND EXCAVATIONS
Site prep includes saw cutting, breaking, removing, and disposing of the existing concrete on site adjacent to the building, concrete curb, gutter, sidewalks in the public right –of-way, and materials above and arou nd the tank ; as well as dismantling and disposing of all removed risers, piping runs, and tank top equipment. The existing vent stack that is no longer in operation shall be removed from the building and disposed of by the Contractor as part of this work.
All excavations shall be performed in conformance with SCAQMD Rule 1166 monitoring and contractor shall protect all trenching and safely stockpile and protect excavated material on site for testing and possible re -use until it can be confirmed the material is safe for export and disposal by Contractor.
Measurement and Payment for Site Prep and Excavations shall be per Lump Sum (L.S.) price bid item for all site prep, excavation, stockpile, removals, demolition, disposal of materials , labor, equipment, and materials required to complete the contract work described hereon.
No additional compensation will be allowed.
BID ITEM NO. 6: ABANDON TANK IN PLACE
Contractor shall triple rinse with an OCHCA approved detergent and method , make inert, certify clean, and backfill 6,000 gallon double wall underground storage tank as required by the OCHCA, Environmental Health Division per “Draft Guidelines for Closure in Place of an Underground Storage Tank” per appendix “A1”.
As part of the abandonment Contractor shall disconnect, remove, transport, and safely dispose of all the the associated tank piping per OCHCA “ Guidelines for the Removal of Underground Storage Tanks”, Appendix “A2”.
All necessary environmental compliance, inspections, testing, borings, and aut horized tank closure reports shall be obtained and coordinated by the Contractor as part of Bid Item No.3.
Measurement and Payment for Abandon Tank In Place shall be per Lump Sum (L.S.) price bid item for all cleaning, slurry backfill, hazardous material disposal, labor, equipment, and materials required to complete the contract work described hereon.
No additional compensation will be allowed.
BID ITEM NO. 7: BACKFILL
Contractor shall backfill and compact the site with existing backfill material and p rovide compaction reports and Crushed Miscellaneous Base (CMB) as required to prepare the site for finish grade concrete and landscaping.
309
SP-7
INFORMATION FOR
BIDDERS
INFORMATION FOR
BIDDERS
SPECIAL PROVISIONS
Measurement and Payment for Backfill shall be per Lump Sum (L.S.) price bid item for all backfill, compaction, engineered compaction reports, CMB, labor, equipment, and materials required to complete the contract work described hereon.
No additional compensation will be allowed.
BID ITEM NO. 8: RESTORE SITE
Contractor shall form walkway concrete, dowel in #4 rebar to existing concrete, pour, and finish all walkway concrete that was removed from alongside the Police Department Building. Where concrete was removed from directly above the tank, in the parkway, grades shall be prepared, and grass par kway landscaping to match existing parkway landscaping shall be installed .
Contractor shall modify existing irrigation system to include added parkway landscaping. Any sidewalk, curb & gutter, or damaged facilities in the public right -of-way shall be replaced, in kind, per C ity/Agency Standards. As required, w here building vent stack was removed, the existing building shall be finished to match adjacent building finish.
Measurement and Payment for Restore Site shall be per Lump Sum (L.S.) price bid item for all grading, formwork construction, CMB, rebar, concrete placement, concrete finishing, landscaping, irrigation, general site repairs, labor, equipment, and materials required to complete the contract work described hereon.
No additional compensation will be allowed.
BID ITEM NO. 9: ALLOWANCES
The Contractor acknowledges that this bid item will only be used at the discretion of the ENGINEER. The allowance for this line item is as shown within the Proposal Section of these Specifications.
At the direction of the ENGINEER, Contractor shall provide pricing, documentation, and justification for all labor, equipment , and materials for any additional work requested beyond the base Scope of Work established within these specifications.
Upon review of pricing , and a t the d irection of the ENGINEER, the Contractor shall provide labor, equipment, and materials for the additionally priced scope beyond the base Scope of Work established within the Project Plans and Specifications.
The Police Department Underground Storage Tan k Closure will be approached as an “abandon in place” project. OCHCA protocols, structural assessment, utility investigations, and environmental testing may reveal unforeseen circumstances that require additional soil remediation that may ultimately require the removal of t he underground storage tank (U ST) and warrant additional environmental testing.
The Contractor acknowledges this bid item will be used at the discretion of the ENGINEER for the following unforeseen circumstances.
Tank Removal and Disposal
Placement and removal of engineered shoring for tank removal. 310
SP-8
INFORMATION FOR
BIDDERS
INFORMATION FOR
BIDDERS
SPECIAL PROVISIONS
Mitigating unforeseen structural deficiency.
Mitigating unforeseen hazardous materials
Mitigating unsuitable materials/soils
Mitigating unmarked utilities
Mitigating any other unknown issues and circumstances
Measurement and Payment for “Additional Work Items” shall be paid per Forced Account (F.A.) for all work performed pursuant to Section 7 -4.2 of these specifications and shall include all labor, equipment and materials as required to complete the work as directed by the Engineer.
101-3 ALLOWANCES – ADDITIONAL WORK ITEMS
101-3.1 General
This work item entails work beyond the Scope of Work established within the Specifications, and Standard Specifica tions as directed by the ENGINEER with a specified Contract allowance
Allowance to be included in the total bid amount as identified as follows. Use of the allowance will be at the sole discretion of the City and must be authorized in writing at the disc retion of the City. Any money used from the project allowance will be authorized via an Allowance Disbursement Form at the City’s sole discretion. Any amount of money remaining in the Allowance line item upon completion of the Project will be deducted fro m the Contract by Deductive Change Order for the full amount(s) remaining therein. The Contractor has no beneficial interest in, and/or claim to, the Allowances and hereby disclaims any and all such interests.
Additional work items include work that w ill only be used at the discretion of the ENGINEER.
At the discretion of the ENGINEER, the Contractor shall provide all labor, tools, equipment, materials and incidentals for the extra work beyond the scope of work established within the Contract document s. Work may include, but not be limited to, delivery of additional newsletters; disposal of materials, potholing, furnishing and installation of informational signs, and related work, and will only be performed, if required, and approved by the ENGINEER.
The Contractor acknowledges that this allowance will only be used at the discretion of the City.
Contractor shall be paid at force account or at agreed prices for all work performed within this allowance.
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Project and Specification No. 22-02
SS-1
INFORMATION FOR
BIDDERS
INFORMATION FOR
BIDDERS
MODIFICATION TO STANDARD SPECIFICATIONS
PROVISIONS
SECTION F
MODIFICATIONS TO STANDARD SPECIFICATIONS
PART 2
CONSTRUCTION MATERIALS
(No Addtions or Modifications)
PART 3
CONSTRUCTION METHODS
(No Addtions or Modifications)
PART 4
EXISTING IMPROVMENTS
SECTION 400 – PROTECTION AND RESTORATION
400-1 GENERAL
[Add the following:].
400-1.1 DRAINAGE CONTROL : RESPONSIBILITES
The CONTRACTOR shall be responsible for any damage to any portion of the work occasioned by failure to provide proper drainage control prior to the completion and acceptance of the work.
400-1.2 DRAINAGE CONTROL : EXCAVATION DEWATERING REQUIREMENTS
Unless otherwise directed in these specifications, the CONTRACTOR shall provide and maintain ample means and devices with which to promptly remove and properly dispose of water entering the excavations or other parts of the work at all times during construction.
Dewatering shall be accomplished by methods which will ensure a dry excavation and preservation of the final lines and grades of the bottoms of excavations. The methods may include sump pumps, deep wells, well points, suitable rock or gravel placed below the required bedding for draining and pumping purposes, temporary pipelines, and other means. 312
Project and Specification No. 22-02
SS-2
INFORMATION FOR
BIDDERS
INFORMATION FOR
BIDDERS
MODIFICATION TO STANDARD SPECIFICATIONS
PROVISIONS
Standby pumping equipment shall be on the job site. A minimum of one standby unit sha ll be available for immediate installation should any well unit fail. The design and installation of well points or deep wells shall be suitable for the accomplishment of the work. Drawings or details indicating the proposed dewatering system shall be submitted to the CITY for review.
The CONTRACTOR shall dispose of the water from the work in a suitable manner without damage to adjacent property.
Conveyance of the water shall be such as to not interfere with traffic flow or treatment facilities operations. No water shall be drained into work built or under construction without prior consent of the ENGINEER.
Water drained from any facilities shall comply with local agency and health department requirements including declorinating any water prior to discharge.
Water shall be disposed of in such a manner as not to be a menace to the public health and such disposal shall be performed in accordance with Environmental Protection Agency and State Water Quality Control Board standards (NPDES permit). Any testing and reports required under NPDES permit shall be performed by the CONTRACTOR and submitted to the appropriate agency for approval at no additional cost to the CITY.
400-1.3 CLEAN-UP AND DUST CONTROL
All surplus materials and waste debris shall be removed from the site of the work within five (5) days after completion of the work causing the surplus materials.
Contractor shall utililized misting or water spray as means of dust control during construction.
Failure of the CONTRACTOR to comply with the EN GINEER'S clean-up dust control orders may result in an order to suspend work until the condition is corrected and, after giving notice to the CONTRACTOR, the ENGINEER may order the condition corrected by others. All costs thus incurred shall be deducted fr om the amount to be paid to CONTRACTOR. No additional compensation will be allowed as a result of such suspension.
No separate payment will be made for any work performed nor material used to control dust resulting from CONTRACTOR's performance of the wor k or from public traffic, either inside or outside the right -of-way. Full compensation for such dust control will be considered to be included in the prices paid for the various items of work involved.
SECTION 402 – UTILITIES
402-1 LOCATION
402-1.1 General
[Add the following:].
Locations of utilities shown on plans are approximate only and are based on a search of available records.
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Project and Specification No. 22-02
SS-3
INFORMATION FOR
BIDDERS
INFORMATION FOR
BIDDERS
MODIFICATION TO STANDARD SPECIFICATIONS
PROVISIONS
Attention is directed to the possibility of utility mains or laterals within the project limits. The CONTRACTOR shall have the locations of the various utility facilities within reconstruction areas marked on the surface prior to construction and protect them during the removal and reconstruction procedures. The CONTRACTOR shall contact the City Transportation Services Department to locate traffic signal conduit within the reconstruction areas.
Prior to commencing any other work , CONTRACTOR shall carefully excavate and determine precise locations and depths of all utilities, including service connections, shown on the pl ans and marked in the field, which may affect or be affected by CONTRACTOR's operations. This work shall be done in accordance with Section 402 -1.1 of the Standard Specifications.
CONTRACTOR shall not be compensated for any delays or extra work brought abo ut by his failure to perform the above -mentioned work. CONTRACTOR shall be responsible for any damage to existing utilities shown on the plans pursuant to its location operations as required under this subsection of the Standard Specifications.
Upon compl etion of the Project, the CONTRACTOR shall be required to remove, to the satisfaction of the ENGINEER, all utility locator markings and utility tie -out paint markings that either the CONTRACTOR, the CITY or utility companies make during the course of the w ork from the surfaces of sidewalks, driveway approaches, curb and gutters, using the removal method acceptable to the ENGINEER. Any damage to the existing improvements due to CONTRACTOR’S removal operation, shall be included in the various applicable items of work, and no additional compensation will be allowed therefor.
The CONTRACTOR shall notify owners of the utility companies at least two (2) work ing days in advance of any work (See Subsection 402 -4 of these Special Provisions for utility contact information).
402-1.2 Payment
[Replace with the following:].
Payment for utility location by the CONTRACTOR shall be included in the bid prices for the various items of work requiring utility location and no further compensation will be allowed.
402-2 PROTECTION
[Add the following:].
The CONTRACTOR shall be responsible for protecting and supporting all existing utilities and maintaining the location of and access to all gate valves during construction. When damage to existing utilities is caused by the CONTRACTOR's operations, the CONTRACTOR shall, at his expense, repair or replace damaged facilities promptly, in accordance with all applicable sections of the Standard Specifications and the standards of each affected utility. Should the CONTRACTOR fail to perform the required repairs or replacements, the cost of performing such repairs or replacement by others shall be deducted from any monies due or to become due the CONTRACTOR.
402-2.1 Payment
Payment for utility protection by the CONTRACTOR shall be included in the bid prices for the various items of work requiring utility protection and no further compensation will be allowed.
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Project and Specification No. 22-02
SS-4
INFORMATION FOR
BIDDERS
INFORMATION FOR
BIDDERS
MODIFICATION TO STANDARD SPECIFICATIONS
PROVISIONS
402-4 RELOCATION
[Add the following:].
Any miscellaneous utilities to be relocated by the CONTRACTOR, as indicated on the Plans, shall be relocated in a workmanlike manner, and all such work shall be done only at such times which are acceptable to the utility owner. The CONTRACTOR shall schedule its relocation work in cooperation with the utility owner and shall be responsible for any costs resulting from the CONTRACTOR's failure to do the work at times which are acceptable to the owner. The CONTRACTOR shall notify owners of the following companies at least two (2) working days in advance of any work:
AT&T (right-of-way)
Valentina Gipson
3939 E Coronado St, Rm 2030
Anaheim, CA 92807
(o) 714-618-9132
Email: [email protected]
Cost Mesa Sanitary District
Javier Ochiqui, Management Analyst
290 Paularino Avenue
Costa Mesa, CA 92626
(o) 949-645-8400
Email: [email protected]
AT&T
Rhonda Clary-Byers (engineer for Costa Mesa)
or Doug DiPaolo
3939 E. Coronado St.
Anaheim, CA 92807
(o) 714-618-9116
(o) 714-618-9125
Email: [email protected]
Email: [email protected]
Cost Mesa Sanitary District
Marc Esquer, District Engineer
290 Paularino Avenue
Costa Mesa, CA 92626
(o) 949-645-8400
Email: [email protected]
Mesa Water District
Phil Lauri, Assistant General Manager
1965 Placentia Ave. (inter-office mail okay)
Costa Mesa, CA 92627
(o) 949-207-5449
(c) 949-631-1200 (24-hour)
Email: [email protected]
Mesa Water District
Mark Pelka, Engineer
1965 Placentia Ave. (inter-office mail okay)
Costa Mesa, CA 92627
(o) 949-207-5449
(c) 949-631-1200 (24-hour)
Email: [email protected]
Mpower Communications, Inc.
Mark Denning
2698 White Road
Irvine, CA 92614
(o) 949-864-0296
(c) 949-547-6455
Email: [email protected]
Costa Mesa Sanitation District
Nabila Guzmán, Construction Notices
290 Paularino Avenue
Costa Mesa, CA 92626
(o) 949-645-8400, ext. 230
Email: [email protected]
Orange County Sanitation District (OCSD)
Rudy Davila
P.O. Box 8127
Fountain Valley, CA 92728
(o) 714-593-7348
(c) 714-593-3301 (24-hour)
Email: [email protected]
Orange County Water District (OCWD)
Chris Olsen
P.O. Box 8300
Fountain Valley, CA 92728
(o) 714-378-3200
(c) 714-378-3240 (24-hour)
Email: [email protected]
Email: [email protected]
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Project and Specification No. 22-02
SS-5
INFORMATION FOR
BIDDERS
INFORMATION FOR
BIDDERS
MODIFICATION TO STANDARD SPECIFICATIONS
PROVISIONS
Irvine Regional Water District
Brad Jackson (Area Construction Inspector)
15600 Sand Canyon Ave.
Irvine, CA 92618
(o) 949-632-0627
(p) 949-729-7300 (24-hour)
Email: [email protected]
CA Regional Water Quality – Santa Ana Region
Mark Smythe
3737 Main St., Suite 500
Riverside, CA 92501
(o) 951-782-4130
(c) 951-543-8523
Email: [email protected]
Irvine Ranch Water Dist. – Development Services*
Christian Kessler, P.E.
15600 Sand Canyon Ave.
Irvine, CA 92618
(o) 949-453-5300
(p) 949-453-5441
Email: [email protected]
*utility requests
Irvine Regional Water District
Kelly Lew
15600 Sand Canyon Ave.
Irvine, CA 92618
(o) 949-453-5586
(p) 949-729-7300 (24-hour)
Email: [email protected]
Metropolitan Water District of So. California
Civil Engineering Substructures Section
Shoreh Zareh
P.O. Box 54153
Los Angeles, CA 90054
(o) 213-217-7474
(c) 626-844-5610 (24-hour)
Email: [email protected]
Metropolitan Water District of So. California
Civil Engineering Substructures Section
Kieran Callanan
P.O. Box 54153
Los Angeles, CA 90054
(o) 213-217-7474
(c) 626-844-5610 (24-hour)
Email: [email protected]
SCE (Senior Compliance)
Susan Morgan
(o) 909-835-7527
(c) 909-835-7527
SCE (Service Planner – Orange Coast S/C)
Mónica Balderas
7333 Bolsa Ave.
Westminster, CA 92683
(o) 714-329-2778
Email: [email protected]
Email: [email protected]
*No pre-construction meeting notices BUT Susan
Morgan and Mónica Balderas would like to attend
all UTILITY MEETINGS and be made aware of
any fee schedule changes.
SCE (Base Maps)
Kimberly Gurule
1444 E. McFadden Ave., Bldg. “D”
Santa Ana, CA 92705
(o) 714-796-9932
Email: [email protected]*
*No pre-construction meeting notices to this
address – map requests ONLY.
SCE (Service Planner 1 – Orange Coast S/C)
Nick Mukanos
7333 Bolsa Ave.
Westminster, CA 92683
(o) 714-895-0210
Email: [email protected]
SCE (Utility Notice Requests)
Kasy Chapman
7333 Bolsa Ave.
Westminster, CA 92683
(o) 714-895-0109
(c) 800-611-1911 (24-hour)
Email: [email protected]
SCE (Service Planner 2– Orange Coast S/C)
Damon Humphrey
7333 Bolsa Ave.
Westminster, CA 92683
(o) 714-895-0534
Email: [email protected]
Southern California Gas Co. (Transmission)
P.O. Box 2300
Chatsworth, CA 91313-2300
(o) 818-701-4546
Email: SoCalGasTransmissionUtilityRequest@
semprautilities.com
*Reminder*
After facilities are identified on the plans, send the
plans to Gail Gardner, and she will forward to
SCE’s planning department.
Send to: [email protected]
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SS-6
INFORMATION FOR
BIDDERS
INFORMATION FOR
BIDDERS
MODIFICATION TO STANDARD SPECIFICATIONS
PROVISIONS
Southern California Gas Co.
Alfredo Gutierrez, franchise planner
(o) 213-231-7515
Email: [email protected]
Southern California Gas Co.
Wilson Baldelomar
P.O. Box 3334, SC8321
Anaheim, CA 92803
(o) 714-634-5091
(p) 800-603-7060 (24-hour)
Email: [email protected]
XO Communications
Matt Bergine
Engineer IV
Specialist-Network Engineering & Operations
(o) 949-417-7841
(c) 714-822-6207
Email: [email protected]
XO Communications
Switchboard
(o) 703-547-2000
Charter Communications
Don Simons
Construction Manager, Zone 8
7142 Chapman Ave.
Garden Grove, CA 92841
(o) 714-591-4871
Email: [email protected]
Charter Communications
Utility Research Requests
E-mail:
Verizon Business Investigations
2400 N. Glenville Dr.
Richardson, TX 75082
(o) 972-729-6016
(o) 469-886-4238
Email: [email protected]
*2nd Email: [email protected]
Contact Verizon Business for issues involving:
--- Brooks Fiber Properties, Inc.
--- MCImetro Access Transmission Srvcs.
--- MCI Telecommunications Srvcs
--- MFS Telecom, Inc.
--- SourtherNet, Inc. / WorldComNetwork Srvc.
--- Intermedia Communications, Inc.
--- XO Communications
Newport-Mesa Unified School District
Víctor Garza
(o) 714-424-5080
Email: [email protected]
Newport-Mesa Unified School District
Tim Marsh, Administrative Director, Facilities
Support Srvcs.
(o) 714-4247527
Email: [email protected]
Newport-Mesa Unified School District
Mary Gray
Email: [email protected]
DIGALERT.ORG
(24-HR) 811
2 days before digging.
Kinder Morgan
Jordan Neuner
(o) 310-628-4350
Email: [email protected]
Karly Payne, Administrative Assistant
(o) 714-560-4604
Email: [email protected]
Where existing utility main lines and conduits (excluding sewer main lines) and all utility service lines (excluding sewer laterals) are to be relocated or declared abandoned by the affected utility companies, the CONTRACTOR shall be responsible for contacting the respective utility representatives for coordinating the relocations and for determining the abandonments. The CONTRACTOR shall proceed with excavation in such a manner that will allow utility companies adequate and reasonable time to relocate service lines. The CONTRACTOR shall not be compensated for any delays caused by failure to coordinate the above work with utility companies.
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Project and Specification No. 22-02
SS-7
INFORMATION FOR
BIDDERS
INFORMATION FOR
BIDDERS
MODIFICATION TO STANDARD SPECIFICATIONS
PROVISIONS
PART 5
PIPELINE SYSTEM REHABILITATION
(No Addtions or Modifications)
PART 6
TEMPORARY TRAFFIC CONTROL
SECTION 600 – ACCESS
600-1 GENERAL
[Add the following:].
600-1.1 NOTIFICATION AND ACCESS
Prior to restricting normal access from public street to adjacent properties, the CONTRACTOR shall notify each property owner or owner's agent, informing them of the nature of the access restriction and the approximate duration of the restriction. The CONTRACTOR shall make every effort possible to minimize such restrictions.
Deliveries shall be conducted with appropriate flagmen and traffic controls.
Trenches left open overnight shall be bridged in a safe and acceptable manner at all driveways and walkways to provide safe access.
A minimum of one four (4) foot wide pedestrian walkway shall be maintainned and safely delineated along each public street and through areas accessibale to the general public at all times during construction.
PART 7
STREET LIGHTING AND TRAFFIC SIGNAL SYSTEMS
(No Addtions or Modifications)
PART 8
LANDSCAPING AND IRRIGATION
(No Addtions or Modifications)
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MISC. CONTRACT DOCUMENTS
SECTION G
APPENDIX “A1”
Orange County Health Care Agency (OCHCA), Environmental Health Division DRAFT - Standard Operating Procedure for Closure in Place of an Underground Storage Tank
319
County of Orange, Health Care Agency, Environmental Health 1241 E. Dyer Rd., Ste. 120., Santa Ana, CA 92705
(714) 433-6000
Standard Operating Procedure
Closure in Place of an Underground Storage Tank
These guidelines apply to the owner of an underground storage tank (UST) subject to the permanent closure requirements of the California Code of Regulations (CCR) Title 23, Division 3, Chapter 16, Underground Storage Tank Regulations, Article 7. Closure Requirements and their agents, who are closing a UST in place.
1. Obtain written approval for closure in place from the Orange County Fire Authority or local fire department and C ity Building Department prior to initiating a closure in place application with Environmental Health.
2. Submit a completed Facility Modification Application to Environmental Health. Applications may be obtained in person at the address provided below, or by calling Environmental Health at (714) 433-6000.
The application should be submitted at least 30 calendar days prior to the expected date of the UST closure activity. The following must be submitted with the application:
a. A copy of a letter of approval from the Orange County Fire Authority or local fire department and City Building Department, and
b. Four (4) sets of closure plans. Closure plans must include:
i. A site location map,
ii. A plot plan that:
• Shows existing structures, utilities and all existing USTs and associated piping, • Identifies those USTs to be closed in place,
• Clearly identifies the entire length of any piping proposed for closure in place, and • Includes the size of the USTs to be closed and the types of hazardous substances that have been stored in them.
iii. A sampling plan that meets the requirements of the California Code of Regulations (CCR), Title 23, Division 3, Chapter 16, Article 7. Closure Requirements, Section 2672 (d), including the following:
• Proposed locations of borings,
• Boring method (e.g., hollow stem auger, direct push, etc.), • Sampling collection protocol,
• Number of samples, and
• Sampling intervals and depth.
320
UST Abandonment Guidelines (continued)
Note: Where directed by Environmental Health, the borings drilled for UST closure are also to confirm the depth to groundwater. If the depth to groundwater is less than 30 feet from the bottom of the UST, then a groundwater investigation will be required.
3. The applicant must apply for and obtain appropriate permits from the Orange County Fire Authority or local fire department, County Planning and Development Services Department or city building department, and the South Coast Air Quality Management District (SCAQMD).
4. Once the closure plans are approved and appropriate permits issued, the applicant is responsible for scheduling an onsite inspection with Environmental Health and a concurrent inspection with the Orange County Fire Authority or local fire department for inspection of the UST closure and oversight of soil sampling (see Section 6 below regarding soil sampling). To schedule an appointment with Environmental Health’s Hazardous Materials Mitigation Section call a minimum of 48 hours prior to the desired appointment.
5. When closing a UST in place, the owner of the UST must comply with applicable provisions of the CCR Section 2672 (b) & (c) which include the following:
a. All residual liquid, solids, or sludges in the UST shall be removed and disposed of as hazardous waste or recyclable material;
b. The UST shall be completely filled with an inert solid approved by the Orange County Fire Authority or local fire department;
c. If the UST(s) contained a hazardous substance that could produce flammable vapors at standard temperature and pressure, then the UST shall be inerted to levels that shall preclude explosion or to such lower vapor levels as may be required by the Orange County Fire Authority or local fire department. (Note: A representative from the Orange County Fire Authority or local fire department must be present prior to initiating this procedure.), and;
d. All piping associated with the UST closure shall be removed and disposed unless its removal may damage significant structures, or there is other piping presently being used and contained in the same trench, in which case, the piping to be closed shall be emptied of all contents and capped.
6. Per CCR Section 2651 (d), the owner of the UST must demonstrate upon closure that no unauthorized release has occurred. This demonstration is based on sensory observations, monitoring equipment readings, soil sample analysis and/or water sample analysis. Sample collection points are to be determined as follows:
a. Environmental Health staff must be onsite to o bserve pipeline conditions and direct sampling in trenches where pipelines are to be removed. The area beneath the UST(s) to be closed in place and any associated piping to be closed in place must be assessed for an unauthorized release through the placement of borings and soil sampling approved in the sampling plan. Environmental Health staff must be onsite to oversee the placement of the borings and sample collection;
b. Samples are to be collected, handled and analyzed per CCR Section 2649 and as indicated below:
321
UST Abandonment Guidelines (continued)
i. Sample collection activities are to be performed by staff provided by the project consultant or the laboratory doing the sample analysis. The laboratory doing the sample analysis or the project consultant must provide the sample collection supplies required to facilitate the approved sampling protocol. A cooler or ice chest with ice is required to be present onsite so that the samples may be chilled immediately after sampling. When a sample is collected, an identifying label should be attached and the sample placed in a plastic bag where needed to avoid water damage to the label;
ii. The samples should be transported, per arrangements made by the tank owner, to a State Certified Laboratory immediately after sampling accompanied by the Chain of Custody form provided by Environmental Health. The receiving laboratory is to indicate on the Chain of Custody form in the designated laboratory section whether the samples were received in a chilled state and whether County seals were intact upon arrival; and,
iii. Samples collected at diesel or gasoline storage sites must be analyzed by an appropriate method for total petroleum hydrocarbons [TPH (GC/FID)] or total purgeable petroleum hydrocarbons [TPPH (GC/MS)] as diesel and/or gasoline, and by EPA Method 8260B to identify benzene, toluene, ethylbenzene, total xylenes (BTEX), Methyl Tertiary Butyl Ether (MTBE) and all other fuel oxygenates. Samples collected at waste oil storage sites must be analyzed for total recoverable petroleum hydrocarbons (TRPH) using EPA Method 1664, for full scan VOCs including BTEX, MTBE and all other fuel oxygenates, and chlorinated solvents by EPA Method 8260B, and for polycyclic aromatic hydrocarbons using EPA Method 8310 or 8270C (SIM Mode).
7. The detection of a reportable unauthorized release, based on field observations and/or the results of the soil and groundwater sample analysis, shall require compliance with the reporting requirements of CCR Section 2652 and the initial abatement and corrective action requirements of Articles 5 and 11 of Title 23, Division 3, Chapter 16, CCR.
8. Documentation required to be forwarded to this Agency includes:
a. Copies, signed by the receiving State permitted facility, of all Uniform Hazardous Waste Manifests used to transport the residual or rinseate liquid, solids, or sludge waste removed from the tanks; and
b. Original (wet) copies of the laboratory analytical report and the white copy of the OCHCA Chain of Custody form sent with the samples to the laboratory – with all required information completed by the laboratory.
Where the above requirements are successfully completed and an unauthorized release requiring further action is not discovered, a completion of a UST closure letter will be issued to the UST owner by Environmental Health.
Should an unauthorized release be discovered, Environmental Health’s Site Mitigation Section will open a UST cleanup case and, upon satisfactory completion of the required corrective action, a letter of remedial action completion will be issued.
If you have any questions or need additional information, please contact Environmental Health at (714) 433- 6000.
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SECTION G
APPENDIX “A2”
Orange County Health Care Agency (OCHCA), Environmental Health Division Guidelines for the Removal of Underground Storage Tanks 323
REGULATORY / MEDICAL HEALTH SERVICES
ENVIRONMENTAL HEALTH
Guidelines For The Removal Of
Underground Storage Tanks
Revised: 3/18/2016
These guidelines apply to the owner of an underground storage tank (UST) subject to the permanent closure requirements of the California Code of Regulations, Title 23, Division 3, Chapter 16, Underground Storage Tank Regulations, Article 7, Closure Requirements, and their agents, who are removing a UST and/or its associated piping.
1. Obtain a Facility Modification Application from Orange County Health Care Agency (OCHCA) Environmental Health. Applications may be obtained in person at the address provided below, or by calling Environmental Health at (714) 433-6000, or downloaded from the following website: http://occupainfo.com/forms.
2. At least 30 calendar days prior to the expected UST removal date, submit a completed Facility Modification Application, four sets of plans (drawing size not to exceed 11x17 inches) and a closure fee to Environmental Health at the office address given below. Plans must include:
a. A site location map, tank information/details, and
b. A plot plan that:
i. Identifies site location, inclusive of cross streets and a North arrow, ii. Shows existing structures, utilities, and all existing USTs and associated piping, iii. Identifies the USTs and/or piping to be removed,
iv. Clearly identifies the entire length of piping proposed for closure in place, if appropriate, See Section 7 (c) below for a description of piping that may be closed in place, and
v. Includes the size of the USTs to be removed and the types of hazardous substances that have been stored in the USTs.
3. Obtain closure and/or excavation permits from the appropriate agencies such as the County Planning and Development Services Department or city building department, the Orange County Fire Authority or local fire department and the South Coast Air Quality Management District (AQMD).
4. Submit a copy of the Hazardous Substance Removal Certification issued to the contractor performing the removal work. Section 7058.7 (e) of the Business and Professions Code states “A contractor may not install or remove a UST unless the contractor has passed the hazardous substance certific ation examination developed pursuant to this section.” A contractor who is not certified may bid on or contract for the removal of a UST, if the work is performed by a contractor who is certified.
5. Schedule a UST removal inspection with Environmental Health’s Hazardous Materials Mitigation Section. Environmental Health staff must be onsite to observe the condition of the UST(s) during removal and direct sampling to determine whether a reportable unauthorized release has occurred. Provide at least 48-hour notice to Environmental Health when scheduling an onsite inspection. A concurrent inspection must be scheduled with the Orange County Fire Authority or local fire department, which must also be represented at the UST removal. Alternate accommodations must be made in advance of field activities if Fire personnel decline the opportunity to be onsite during tank removal activities.
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Revised: 10/11/2016
6. When removing a UST system and/or its piping, the owner of the UST(s) must comply with applicable provisions of the California Code of Regulations (CCR) Division 3, Chapter 16, Article 7, Closure Requirements. These include provisions of Section 2672 (b) & (c) which including the following:
a. All residual liquid, solids, or sludge from the UST and/or its piping shall be removed and handled as hazardous waste or recyclable material;
b. If the UST to be removed contained a hazardous substance that could produce flammable vapors at standard temperature and pressure, then the USTs shall be inerted to levels that shall preclude explosion or to such lower vapor levels as may be required by the Orange County Fire Authority or local fire department. (Note: A representative from the Orange County Fire Authority or local fire department must be present prior to initiating this procedure.); and,
c. The UST and/or its associated piping shall be removed and disposed. Where removal of piping might damage structures or other in use piping is contained in a common trench, that piping may be closed in place after being emptied of all contents and capped.
7. Per CCR Section 2651 (d), the owner of a UST must demonstrate upon closure that no unauthorized release has occurred. This demonstration shall be based on sensory observations, monitoring equipment readings, soil sample analysis and/or water sample analysis. Sample collection activities are to be performed by staff provided by the project consultant or the laboratory doing the sample analysis.
a. Samples must be obtained from the excavations of any UST and/or piping removed.
Regulations require two samples, one at each end of each UST removed and samples for each 20 linear feet of pipe trenching. Where closure in place of piping is necessary and where soil samples cannot otherwise be obtained, soil borings placed near the piping trench may be required. Further, in an effort to obtain data required for evaluation under State Water Board Resolution No. 2012 -0062, sidewall samples from depths between 0-10 feet below ground surface may be required.
b. Samples are to be collected, handled and analyzed at the owner’s expense per CCR Section 2649 and as indicated below:
i. The laboratory doing the sample analysis or the project consultant must provide adequate supplies of thin -walled stainless steel or brass cylinder sample holders with fitted polyethylene caps, labels, plastic bags and Teflon sheets. A cooler or ice chest with ice is also required to be onsite;
ii. When a sample is collected, each end of the collection cylinder should first be covered with a Teflon sheet. Caps should then be placed on the ends of the cylinder and an identifying label attached. Next, the cylinder should be placed in a cooler or ice chest to be chilled. The sample should be placed in a sealed plastic bag before chilling where needed to prevent water damage to the label;
iii. The samples should be transported, per arrangements made by the tank owner, to a State Certified Laboratory soon after the completion of sampling. A Chain of Custody form, completed by Environmental Health staff directing the sampling, must accompany the samples to the laboratory. The receiving laboratory should indicate in the designated laboratory section of the Chain of Custody form whether the 325
Guidelines for the Removal of an Underground Storage Tank
Revised: 10/11/2016
samples were received in a chilled state and whether County seals were intact upon arrival, and;
iv. Samples collected at diesel or gasoline storage sites must be analyzed by an appropriate method for total petroleum hydrocarbons (TPH). TPH (GC/FID) with carbon chain identification is recommended for diesel sites. T otal purgeable petroleum hydrocarbons [TPPH (GC/MS)] as gasoline is recommended for gasoline sites. In additional analysis by EPA Method 8260B full scan is required to analyze for volatile organic compounds (VOCs) that include benzene, toluene, ethylbenzene, total xylenes (BTEX), naphthalene, ethanol, Methyl Tertiary Butyl Ether (MTBE) and all other fuel oxygenates. Samples collected at waste oil tank storage sites must be analyzed for TPH with carbon chain identification using EPA Method 8015 or for total recoverable petroleum hydrocarbons using EP A Method 1664, for full scan VOCs including BTEX, MTBE and all other fuel oxygenates, and chlorinated solvents by EPA Method 8260B, and for polycyclic aromatic hydrocarbons using EPA Method 8310 or 8270C (SIM Mode)
1. Detection limits for all reported constituents must meet appropriate data quality objectives.
8. The detection of a reportable unauthorized release, based on field observations and/or the results of the soil and groundwater sample analysis, shall require compliance with the reporting requirements of CCR Section 2652 and the initial abatement and corrective action requirements of Articles 5 and 11 of Title 23, Division 3, Chapter 16, CCR.
9. The owner of the UST should provide site security to prevent unauthorized public access into excavated areas. This security may include temporary fencing or a twenty -four (24) hour security guard.
10. The owner of the UST shall have equipment onsite available to control any vapor emissions.
The equipment may include bulldozers to backfill excavations and/or tarps to cover contaminated soil.
11. Documentation required to be forwarded to this Agency after UST removal includes:
a. A copy of the certificate of UST destruction,
b. Copies, signed by the receiving State permitted facility, of all Uniform Hazardous Waste Manifests used to transport the residual or rinseate liquid, solids, or sludge waste removed from the tanks, and
c. Original (wet) copies of the laboratory analytical report, and the white copy of the OCHCA Chain of Custody form, sent with samples to the laboratory, with all required information completed by the laboratory.
Where the above requirements are successfully completed and an unauthorized release requiring further action is not discovered, a completion of a UST closure letter will be issued to the UST owner by Environmental Health. Should an unauthorized release be discovered, Environmental Health’s Site Mitigation Section will open a UST cleanup case and, upon satisfactory completion of the required corrective action, a letter of remedial action completion will be issued.
If you have any questions or need additional information, please contact the Environmental Health Hazardous Materials Mitigation Section at (714) 433-6000.
1 Analytical methods listed above are subject to revision or update by EPA. Suggested test methods may require updating as analytical procedures are promulgated. 326
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SECTION G
APPENDIX “A3”
Operating Permit
and
Location Map(s) of
Existing Police Department Underground Storage Tank
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328
329
330
331
332
333
334
335
336
337
VANGUARD WAY
FAIR DRIVE
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SECTION G
APPENDIX “A4”
EXISTING:
BUILDING CIVIL PLANS
C2.0
STRUCTURAL PLANS
S2.1
S2.2
S3.2
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[MISCELLANEOUS CONTRACT DOCUMENTS
(SAMPLES) INTENTIONALLY OMITTED]
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EXHIBIT C
BONDS
345
EXHIBIT D
DRUG-FREE WORKPLACE POLICY
346
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 specifying 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
347
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;
348
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 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.
349
City of Costa Mesa
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 22-926 Meeting Date: 11/15/2022
TITLE:
MAINTENANCE SERVICES AGREEMENT FOR HVAC MAINTENANCE AND REPAIR DEPARTMENT: PUBLIC WORKS/MAINTENANCE SERVICES DIVISION
PRESENTED BY: RAJA SETHURAMAN, PUBLIC WORKS DIRECTOR
CONTACT INFORMATION: ROBERT RYAN, MAINTENANCE SERVICES MANAGER (714) 327-7499
RECOMMENDATION:
Staff recommends the City Council:
1. Approve the proposed Maintenance Services Agreement (MSA) with Siemens Industry, Inc., for a term of eight months , effective November 15, 2022 - June 30, 2023, in the amount of $154,472.71 for the eight month term to provide HVAC maintenance and repair services for the City Hall and the Police Department facility based on pricing from Sourcewell Contract #070121- SIE.
2. Approve the three year MSA with Siemens Industry from July 1, 2023 to June 30, 2026, with annual compensation amount for year one, $224,734.43, year two, $249,167.58 and third year, $248,228.67.
3. Approve a 10% contingency annually for additional repairs and other unforeseen costs.
4. Authorize the City Manager and City Clerk to execute the MSA and to extend the agreement each year with an effective term of July 1st through June 30th, for up to a maximum of three (3) additional one-year terms.
BACKGROUND:
The City’scurrent contract for HVAC maintenance and repair services expired on July 31, 2022.
Siemens Industry, Inc. has been the contractor of record for the last ten (10) years and the Maintenance Services Division has been satisfied with their quality of service throughout the term of the contract. Maintenance Services determined that it would be beneficial to continue to utilize Siemens Industry, Inc., for this agreement due to the fact that the City Hall and the Police Department (PD) both have Siemens HVAC controls, with the PD facility having a newer Siemens Building Automation System and City Hall having an older Siemens Building Automation System. The mixture of advanced and outdated Building Automation Systems requires a higher level of expertise and technical ability than the standard HVAC systems. The packaged chiller systems in both facilities also