CITY OF COSTA MESA
P.O. BOX 12000 77 FAIR DRIVE CALIFORNIA 92628·1200 FRO
M THE DEPARTMENT OF PUBLIC WORKS/ ENGINEERING DIVISION
DATE: October 11, 2023
TO: AL
L PROSPECTIVE BIDDERS
SUBJE
CT: ADDENDUM NO. 2 – REQUEST FOR PROPOSALS FOR PROFESSIONAL SERVICES FOR THE PLANNING AND DESIGN OF THE EXPANSION OF THE KETCHUM -LIBOLT PARK, 2150 MAPLE STREET,
COSTA MESA, CA
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:
NON-M
ANDATORY JOB WALK 1:30 P.M., SEPTEMBER 25, 2023 COMPLETED
NON -MAN
DATORY JOB WALK LOCATION 2150 MAPLE STREET, COSTA MESA COMPLETED DEADL
INE TO SUBMIT QUESTIONS OCTOBER 4, 2023 COMPLETED PROPO
SAL DUE DATE CHANGED TO 2:00 P.M., OCTOBER 16, 2023 PROPO
SAL DUE DATE:
The proposal due date, which was scheduled for Thursday, October 12, 2023, at 2:00 P.M. has been postponed to Monday, October 16, 2023 at 2:00 P.M.
Addendum No. 3 will be issued by Thursday, October 12, 2023 that will provide answers to the questions that were received through emails and at the job walk.
Pleas
e acknowledge receipt of Addendum No. 2 on your Proposal and by email per instruction on the first page of this addendum.
Iri
na Gurovich
Associate Engineer
B0J �u?/L
Richard Krumwiede
Architerra Design Group
ATTACHMENT 2
346
Addendum No. 3
REQUEST FOR PROPOSALS FOR PROFESSIONAL SERVICES FOR THE PLANNING AND DESIGN OF THE EXPANSION OF THE KETCHUM-LIBOLT PARK, 2150 MAPLE STREET, COSTA MESA, CA
CITY OF COSTA MESA
P.O. BOX 12000 77 FAIR DRIVE CALIFORNIA 92628·1200 FR
OM THE DEPARTMENT OF PUBLIC WORKS/ ENGINEERING DIVISION DATE: OCTOBER 12, 2023
TO: A
LL PROSPECTIVE BIDDERS
SUBJ
ECT: ADDENDUM NO. 3 – REQUEST FOR PROPOSALS FOR PROFESSIONAL SERVICES FOR THE PLANNING AND DESIGN OF THE EXPANSION OF THE KETCHUM-LIBOLT PARK, 2150 MAPLE STREET,
COSTA MESA, CA
Pl
ease 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.
Thi
s addendum, effective on this date, addresses the following items:
NON
-MANDATORY JOB WALK 1:30 P.M., SEPTEMBER 25, 2023 COMPLETED NON -M
ANDATORY JOB WALK LOCATION 2150 MAPLE STREET, COSTA MESA COMPLETED DEA
DLINE TO SUBMIT QUESTIONS OCTOBER 4, 2023 COMPLETED PRO
POSAL DUE DATE 2 :00 P.M., OCTOBER 16, 2023 CHANGED EM
AIL CORRECTION: The email address to submit the addendum has been corrected and should be [email protected]
CL
ARIFICATIONS TO PROPOSAL:
The f
ollowing questions were received at the pre-proposal meeting and through email with subsequent answers and clarifications:
1. The R
FP indicates the design team is to provide constructability review of their construction documents.
As it is difficult for a firm to provide an objective review of their own work is this to be performed by a third-party firm?
A. Cons
tructability review of the construction documents will be performed by the members of the Consultant Selection Committee. The selected consultant will not be a part of the Consultant Selection Committee.
Richard Krumwiede
Architerra Design Group
ATTACHMENT 2
347
3 of 41
APPENDIX D
FORMS
Vendor Application Form
Ex Parte Communications Certification
Disclosure of Government Positions
Disqualification Questionnaire
Company Profile & References
Bidder/Applicant/Contractor Campaign Contribution
ATTACHMENT 2
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4 of 41
VENDOR
APPLICATION FORM
FOR
RFP No. 23-08 ENGINEERING DESIGN SERVICES FOR THE EXPANSION OF
KETCHUM-LIBOLT PARK
TYPE O
F APPLICANT: NEW CURRENT VENDOR
Legal Contractual Name of Corporation: ______________________________________ Contact Person for Agreement: _____________________________________________ Title: ______________________________ E-Mail Address: ______________________ Business Telephone: _________________________ Business Fax: ________________ Corporate Mailing Address: ________________________________________________ City, State and Zip Code: __________________________________________________ Contact Person for Proposals: ______________________________________________ Title: ______________________________ E-Mail Address: ______________________ Business Telephone: _________________________ Business Fax: ________________ Is your business: (check one)
NON PROFIT CORPORATION FOR PROFIT CORPORATION Is your business: (check one)
CORPORATION LIMITED LIABILITY PARTNERSHIP
INDIVIDUAL SOLE PROPRIETORSHIP
PARTNERSHIP UNINCORPORATED ASSOCIATION
X
Architerra, Inc.
Richard Krumwiede
President [email protected]
(909) 484-2800 (909) 4884-2802
10221-A Trademark St.
Rancho Cucamonga, CA 91730
Richard Krumwiede
President [email protected]
(909) 484-2800 (909) 4884-2802
X
X
ATTACHMENT 2
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5 of 41
Names & Titles of Corporate Board Members
(Also list Names & Titles of persons with written authorization/resolution to sign contracts) Name
s Title Phone
___________________________________ ___________________________________ ___________
________________________ ___________________________________ ___________
________________________ ___________________________________ ___________
________________________ ___________________________________ ___________
________________________ ___________________________________ ___________
________________________ ___________________________________ Federal
Tax Identification Number: __________________________________________ City
of Costa Mesa Business License Number: ________________________________________ (If none, you must obtain a Costa Mesa Business License upon award of contract.) City
of Costa Mesa Business License Expiration Date: ________________________________ Richard Krumwiede President, Vice President, Secretary, Treasurer (909) 484-2800 33-0890993
Will obtain on contract
ATTACHMENT 2
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6 of 41
EX PARTE COMMUNICATIONS CERTIFICATION
Please indicate by signing below one of the following two statements. Only sign one statement.
I certify that Proposer and Proposer’s representatives have not had any communication with a City Councilmember concerning informal RFP No. 23-08E FOR ENGNEERING DESIGN SERVICES FOR KETCHUM-LIBOLT PARK EXPANSION PROJECT at any time after September 5, 2023. ___________
_____________________ Date: _______________________ Signature
___________
_____________________
Print
OR
I cert
ify that Proposer or Proposer’s representatives have communicated after September 5, 2023 with a City Councilmember concerning RFP No. 23 -08E FOR ENGNEERING DESIGN SERVICES FOR KETCHUM-LIBOLT PARK EXPANSION PROJECT. A copy of all such communications is attached to this form for public distribution.
___________
_____________________ Date: _______________________ Signature
___________
_____________________
Print
October 12, 2023
Richard Krumwiede
ATTACHMENT 2
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7 of 41
DISQUALIFICATION QUESTIONNAIRE
The Contractor shall complete the following questionnaire:
Has the Contractor, any officer of the Contractor, or any employee of the Contractor who has proprietary interest in the Contractor, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or safety regulation?
Yes _____ No _____
If the answer is yes, explain the circumstances in the following space.
X
ATTACHMENT 2
352
8 of 41
DISCLOSURE OF GOVERNMENT POSITIONS
Each Proposer shall disclose below whether any owner or employee of Contractor currently hold positions as elected or appointed officials, directors, officers, or employees of a governmental entity or held such positions in the past twelve months. List below or state "None." None
ATTACHMENT 2
353
41 COMPANY PROFILE & REFERENCES
Company
Legal Name:
Company Legal Status (corporation, partnership, sole proprietor etc.):
Active licenses issued by the California State Contractor’s License Board:
Business Address:
Website Address:
Telephone Number:
Facsimile Number:
Email Address:
Length of time the
firm has been in business:
Length of tim
e at current location:
Is your firm a sole proprietorship doing business under a different name: ___Yes ___No If yes,
please indicate sole proprietor’s name and the name you are doing business under:
Federal Tax
payer ID Number:
Regular Bus
iness Hours:
Regular holi
days and hours when business is closed:
Contact pe
rson in reference to this solicitation:
Telephone
Number: Facsimile Number:
Email Addr
ess:
Contact pe
rson for accounts payable:
Telephone
Number: Facsimile Number:
Email Addr
ess:
Name of Pr
oject Manager:
Telephone
Number: Facsimile Number:
Email Addr
ess:
Architerra Inc. dba Architerra Design Group
Registered Landscape Architect CA #2834
10221-A Trademark St. Rancho Cucamonga, CA 91730
architerradesigngroup.com
(909) 484-2800 (909) 484-2802
[email protected]
32 years
19 years
33-0890993
Monday - Thursday 7:30 am to 5:30 pm; Friday 8:00 am to 12:00 pm New Years, Memorial Day, Fourth of July,
Labor Day, Thanksgiving and Friday after, Christmas, Weekends (Sat/Sun) (909) 484-2800 (909) 484-28023 [email protected]
Kiley Sandoval
(909) 484-2800 (909) 484-28023 [email protected]
Kay Kite
(909) 484-2800 (909) 484-28023 [email protected]
(909) 484-2800 (909) 484-28023 [email protected]
RichardKrumwiede
ATTACHMENT 2
354
COMPANY PROFILE & REFERENCES (Continued)
Submit the co
mpany names, addresses, telephone numbers, email, contact names, and brief contract descriptions of at least three clients, preferably other municipalities for whom comparable projects have been completed or submit letters from your references which include the requested information.
Company Name:
Contact Name:
Contract Amount:
Email:
Address:
Brief Contract Description:
Company Name:
T
elephone Number:
Contact Name:
Contract Amount:
Email:
Address:
Brief Contract Description:
Company Name:
T
elephone Number:
Contact Name:
Contract Amount:
Email:
Address:
Brief Contract Description:
Company Name:
T
elephone Number:
Contact Name:
Contract Amount:
Email:
Address:
Brief Contract Description:
Company Name:
T
elephone Number:
Contact Name:
Contract Amount:
Email:
Address:
Brief Contract Description:
City of Moorpark
Jeremy Laurentowski, Parks and Recreation Director
$22,750.00
[email protected]
799 Moorpark Avenue, Moorpark, CA 93021
Design and Construction Documents for Walnut Acres Park City of Pomona
Matt Pilarz, Senior Civil Engineer
$116,600.00
[email protected]
505 South Garey Avenue, Pomona, CA 91769
Design and Construction Documents for Hamilton Park
City of Beaumont
Doug Story, Community Services Director
$37,950.00
[email protected]
550 E. 6th Street, Beaumont, CA 92223
Design and Construction Documents for Rangel Park
County of San Bernardino Special Districts
Phil Krause, District Planner
$106,525.00
[email protected]
222 W. Hospitality Lane, 2nd Floor, San Bernardino, CA 92415 Design and Construction Documents for Desert View Conservation Area City of Redondo Beach
Andrew Winje, City Engineer
$92,500.00
[email protected]
415 Diamond Street Redondo Beach, CA 90277
Design and Construction Documents for Dominguez Park
ATTACHMENT 2
355
f 41
BIDDER/APPLICANT/CONTRACTOR CAMPAIGN CONTRIBUTION
DISCLOSURE FORM
Proposer/Consultant/Applicant is required to identify any campaign contribution or cumulative contributions greater than $249 to any city council member in the twelve months prior to submitting an application, proposal, statement of qualifications or bid requiring approval by the City Council.
Date Name of Donor
Company/Business
Affiliation
Name of
Recipient Amount
Except
as described above, I/we have not made any campaign contribution in the amount of $250 or more to any Costa Mesa City Council Member in the twelve months preceding this Application/Proposal.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Bidder/Applicant/Proposer
Date
N/A
October 12, +2023
ATTACHMENT 2
356
Creativity. Service. Environment.
ARCHITERRADESIGNGROUP.COM
10221-A TRADEMARK STREET RANCHO CUCAMONGA CA 91730 | PHONE (909)484-2800 FAX (909)484-2 802 CA #2834, AZ #29115, NV #446, OR#841, NM, #538
S INC E 1991
ATTACHMENT 2
357
EXHIBIT C
FEE SCHEDULE
ATTACHMENT 2
358
Not to Exceed Fee Proposal: Engineering Design Services for The Expansion of Ketchum-Libolt Park 2150 Maple Street, Costa Mesa RFP No. 23-09D
We present the following fees for the completion of the above referenced project. We have included the subconsultant fees herewith and have included their expanded scope and proposals in the ensuing fee package as well.
Task A: Project Analysis and Review $ 29,633.00
Task B: Site Survey $ 7,375.00
Task C: Schematic Design Phase $ 35,540.00
Task D: Design Development Phase $ 24,230.00
Task E: Construction Document Phase $ 39,250.00
Task F: Construction Support Service Phase $ 37,0700.00 GRAND TOTAL $173,098.00
Estimated Reimbursables $ 10,000.00
Design Contingency $ 10,000.00
GRAND TOTAL (with estimated reimbursable allowance): $193,098.00
Architerra Design Group Hourly Rates
Principal $200.00
Director $175.00
Project Manager $135.00
Landscape Designer $125.00
CAD Designer $110.00
Clerical $ 65.00
We have included each subconsultants proposal along with their h ourly rates in this fee package.
ATTACHMENT 2
359
Reimbursable Expenses
Reimbursable expenses can vary and are dependent on the needs and demands of the Client. The following costs shall be reimbursed at cost plus, and are not included in the Fee for Professional Services:
• Expense of reproductions for generation of original drawings, plan check submittals and construction bidding, including printing, Xerox copying, photo reproductions.
• Cost of postage and shipping expenses other than first class mail. • All automobile mileage shall be paid at the standard rate for business automobile use as set forth by the Internal Revenue Service. • Photographic services, film and processing.
• Agronomic Soils tests and reports.
• Construction materials testing & reports
• Cost of models, special rendered exhibits, promotional photography, special process printing, special equipment, special printed reports or publications maps and documents approved in advance by City.
• Agency Processing and fees paid for securing approval of agencies having jurisdiction over the Project (Plan check fees, variance applications, etc.).
• Fees for additional special consultants retained with the approval of City.
ATTACHMENT 2
360
ARCHITERRA DESIGN GROUP, INC.
HOUR & COST PROJECTIONS
JOB NAME: KETCHUM-LIBOLT PARK
CLIENT: COSTA MESA
CONTACT:
DATE: October 16th, 2023
PREPARED BY: Kay, Gregg & Rich
PROJECT ANALYSIS AND REVIEW: PRINCIPAL DIRECTOR PROJECT MGR. DESIGNER CAD CLERICAL TOTAL HRS. COST PER TASK
PROJECT KICK-OFF MEETING 2 2 2 6 $1,020.00
SITE VISIT/FIELD INVENTORY 4 4 8 $940.00
PREPARE SITE ANALYSIS SUMMARY 1 3 9 13 $1,705.00
PROGRAM DEVELOPMENT 3 3 $405.00
PROJECT TEAM MEETINGS WITH CITY STAFF - 2 MTGS 3 6 6 15 $2,460.00 PREPARE AGENDAS AND MEETING MINUTES 4 4 $540.00
UTILITY COORDINATION 2 2 $270.00
PROJECT ADMINISTRATION/TELEPHONE CONSULTATION 2 14 16 $2,240.00 CONSULTANT COORDINATION (PROJECT ANALYSIS) - 10% 14 14 $1,890.00 CIVIL ENGINEER ALLOW $6,100.00
ELECTRICAL ENGINEER ALLOW $850.00
GEOTECHNICAL INVESTIGATION ALLOW $11,213.00
TOTALS 5 11 52 9 4 0 81 29,633.00$
SURVEY: PRINCIPAL DIRECTOR PROJECT
MGR. DESIGNER CAD CLERICAL TOTAL HRS. COST PER TASK
CONSULTANT COORDINATION (SURVEY) 5 5 $675.00
CIVIL ENGINEER ALLOW $6,700.00
TOTALS 0 0 5 0 0 0 5 7,375.00$
SCHEMATIC DESIGN: PRINCIPAL DIRECTOR PROJECT
MGR. DESIGNER CAD CLERICAL TOTAL HRS. COST PER TASK
BASE SHEET DEVELOPMENT (10 SCALE CAD) 2 5 7 $770.00
INITIAL DESIGN PLAN - 2 ALTERNATIVES 4 4 24 8 40 $5,040.00 PRELIMINARY PLANT PALETTE 1 3 4 $550.00
PRELIMINARY IRRIGATION & MAWA CALCS 1 4 5 $535.00
THEME AND MATERIAL BOARDS 4 8 12 $1,340.00
CITY STAFF DESIGN REVIEW MEETINGS - 2 MTGS 3 3 6 $930.00 PREPARE AGENDAS AND MEETING MINUTES 14 14 $1,890.00
CONDUCT PUBLIC MEETINGS - 3 MTGS 9 9 18 $2,790.00
REVISE INITIAL PLANS BASED ON PUBLIC MTGS - 2 ALTERNATIVES 2 4 12 6 24 $2,990.00 Architerra Design Group, Inc.
Confidential
10221-A Trademark St.
Rancho Cucamonga, CA 91730
ph. 909-484-2800 Fax 909-484-2800
10/13/2023
ATTACHMENT 2 361
PRESENT TO PARKS COMMUNITY SERVICES COMISSION - 1 MTG 3 3 6 $930.00 PRESENT TO PLANNING COMISSION - 1 MTG 3 3 6 $930.00
PRESENT TO CITY COUNCIL - 1 MTG 3 3 6 $930.00
PRELIMINARY COST ESTIMATE 2 4 6 $670.00
PROJECT ADMINISTRATION/TELEPHONE CONSULTATION 2 14 16 $2,240.00 CONSULTANT COORDINATION (SCHEMATIC) - 10% 9 9 $1,215.00 CIVIL ENGINEERING (30%) ALLOW $4,890.00
3D RENDINERINGS ALLOW $5,200.00
ELECTRICAL ENGINEER ALLOW $1,700.00
TOTALS 0 30 75 39 35 0 179 35,540.00 $
DESIGN DEVELOPMENT PHASE 70% PS&E: PRINCIPAL DIRECTOR PROJECT MGR. DESIGNER CAD CLERICAL TOTAL HRS. COST PER TASK
70% COMPLETE DESIGN PLAN COORD 4 4 8 $940.00
SITE DEMOLITION PLAN 2 6 8 $870.00
SITE CONSTRUCTION PLAN 4 6 10 $1,140.00
SITE CONSTRUCTION DETAILS 4 12 16 $1,740.00
MANUF. COORDINATION FOR PLAY EQUIPMENT 4 2 6 $970.00
MANUF. COORDINATION FOR PICNIC SHELTER 4 2 6 $970.00
IRRIGATION PLAN 2 2 6 10 $1,220.00
IRRIGATION DETAILS 0.5 0.5 $50.00
PLANTING PLAN 2 2 6 10 $1,220.00
PLANTING DETAILS 0.5 0.5 $50.00
OUTLINE SPECIFICATIONS 1 6 7 $985.00
UPDATED COST ESTIMATE 2 4 6 $670.00
PREPARE AND SUBMIT PLANS 2 2 4 $470.00
CONSULTANT COORDINATION (DESIGN DEVELOPMENT) - 10% 9 9 $1,215.00 3D RENDINERINGS ALLOW $1,800.00
CIVIL ENGINEERING (70%) ALLOW $6,520.00
ELECTRICAL ENGINEERING ALLOW $3,400.00
TOTALS 0 13 41 0 47 0 101 24,230.00$
CONSTRUCTION DOCUMENT PHASE 90% & 100% PS&E PRINCIPAL DIRECTOR PROJECT MGR. DESIGNER CAD CLERICAL TOTAL HRS. COST PER TASK
TITLE SHEET/PROJECT INFO. 2 5 7 $770.00
DEMOLITION PLAN 2 4 6 $670.00
CONSTRUCTION PLAN (10 HRS/SHT) 2 6 8 $870.00
CONSTRUCTION DETAILS 4 12 16 $1,740.00
IRRIGATION PLAN (10 HRS/SHT) 4 6 10 $1,140.00
IRRIGATION DETAILS 1 1 $100.00
Architerra Design Group, Inc.
Confidential
10221-A Trademark St.
Rancho Cucamonga, CA 91730
ph. 909-484-2800 Fax 909-484-2800
10/13/2023
ATTACHMENT 2 362
PREPARE WATER EFFICIENT LANDSCAPE WORKSHEET 1 1 $100.00 PREPARE IRRIGATION CONTROLLER CHARTS 1 1 $100.00
PLANTING PLAN (10 HRS/SHT) 4 6 10 $1,140.00
PLANTING DETAILS 1 1 $100.00
PLANTING/IRRIGATION HYDROZONE PLAN 1 1 $100.00
CONSTRUCTION SPECIFICATIONS 4 4 $540.00
IRRIGATION & PLANTING SPECIFICATIONS 2 2 $270.00
SOILS TEST & REPORT TIME ( BILLED AS REIMBURSABLE) 2 2 $270.00 IN HOUSE PLAN CHECK 5 5 $875.00
PREPARE AND SUBMIT PLANS TO CITY 4 2 6 $740.00
PLAN CHECK CORRECTIONS (IN-HOUSE/AGENCY) 4 14 18 $1,940.00 COST ESTIMATE (FINAL) 1 4 5 $535.00
PREPARE ITEMIZED CONSTRUCTION BID FORM 8 2 10 $1,280.00 CONSULTANT COORDINATION (CONSTRUCTION DOCUMENTS) - 10% 18 18 $2,430.00 3D RENDINERINGS ALLOW $1,800.00
CIVIL ENGINEERING (90% & 100%) ALLOW $4,890.00
CIVIL ENGINEERING (WQMP) ALLOW $4,200.00
ELECTRICAL ENGINEERING ALLOW $3,650.00
STRUCTURAL CALCULATIONS ALLOW $9,000.00
TOTALS 0 5 61 0 66 0 132 39,250.00$
CONSTRUCTION SUPPORT SERVICES: PRINCIPAL DIRECTOR PROJECT MGR. DESIGNER CAD CLERICAL TOTAL HRS. COST PER TASK
RESPOND TO REQUESTS FOR INFORMATION 12 12 $1,620.00
REVIEW CONTRACTOR SUBMITTALS 12 12 $1,620.00
WEEKLY CONSTRUCTION PROGRESS MEETINGS (12 MONTHS) 180 180 $24,300.00 REVIEW AND ADVISE ON CHANGE ORDER REQUESTS 12 12 $1,620.00 PUNCH WALK 6 6 $810.00
FIELD REPORT PREARATION 12 12 $1,620.00
CONSULTANT COORDINATION (CONSTRUTION SUPPORT) 8 8 $1,080.00 CIVIL ENGINEERING ALLOW $3,400.00
ELECTRICAL ENGINEERING ALLOW $1,000.00
TOTALS 0 0 242 0 0 0 242 37,070.00$
HOURLY BILLING RATES $200.00 $175.00 $135.00 $125.00 $100.00 $65.00 TOTAL PROFESSIONAL SERVICES 173,098.00$
ESTIMATED REIMBURSABLE EXPENSES $10,000.00
DESIGN CONTINGENCY $10,000.00
GRAND TOTAL $193,098.00
Architerra Design Group, Inc.
Confidential
10221-A Trademark St.
Rancho Cucamonga, CA 91730
ph. 909-484-2800 Fax 909-484-2800
10/13/2023
ATTACHMENT 2 363
ATTACHMENT 2
364
ATTACHMENT 2
365
ATTACHMENT 2
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ATTACHMENT 2
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ATTACHMENT 2
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ATTACHMENT 2
369
23-3008.0
8048 Palm Ave. Highland, CA 92346 – Phone 909 864-0223 Fax 909 864-0280 1 8048 Palm Ave.
Highland, CA
92346
909.864.0223
Fax 909.864.0280
[email protected]
SERVICE AUTHORIZATION AND AGREEMENT
Date: 10/05/23
Requested By: Richard Krumwiede
Company: ARCHITERRA Design Group, Inc. JCA File # 23-3008.0
Address: 10221-A Trademark
Rancho Cucamonga, CA 91730
Telephone: (909) 484-2800
Fax: (909) 484-2802
Project Name: Ketchum-Libolt Park Expansion
Location: Costa Mesa, Ca.
Project Description: Provide Electrical Construction documents reflecting new walkway pole lighting, covered picnic shelter lighting and power at existing passive park.
FEE SCHEDULE:
For electrical engineering design services per “Exhibit A” and “Exhibit B”, attached made a part hereof;
Fixed Fee of Eight Thousand Five Hundred Dollars ($ 8,500.00) for Electrical Engineering and Electrical Construction Documents
Hourly Fee not to exceed One Thousand Dollars ($ 1,000.00) for Construction Administration Fixed Fee of Six Hundred Fifty Dollars ($ 650.00) for Site Lighting Photometric Illumination Plans, if required.
Fixed Fee of Four Hundred Fifty Dollars ($ 450.00) for Exterior Site Title 24 Energy Calculations, if required.
CLIENT APPROVAL
Acceptance copy of this service authorization shall be signed and returned prior to commencement of work. The undersigned accepts the terms of this agreement, “Exhibit A-Scope of Services”, and “Exhibit B - Terms of Agreement for Engineering Services”, articles 1 through 11, attached as part hereof.
CLIENT
SIGNATURE:
DATE:
NAME
:
Client P.O. / Project #
NAME:
James J. Corns
FOR:
JCA Engineering Inc.
CONSULTANT: DATE: 10/05/23
Acknowledgment copy – Please sign and return
J Engineering Inc.
C A
Electrical Engineering & Consulting
ATTACHMENT 2
370
23-3008.0
8048 Palm Ave. Highland, CA 92346 – Phone 909 864-0223 Fax 909 864-0280 2 “EXHIBIT A”
SCOPE OF SERVICES
1. Design of power distribution from existing service pedestal to each new light fixture including electrical controls and all fixture and equipment specifications.
2. Design of pole walkway lighting to meet all building codes presently adopted by the authority having jurisdiction.
3. Design of covered picnic shelter lighting to meet all building codes presently adopted by the authority having jurisdiction.
4. Design of covered picnic shelter power to meet Owner’s requirements.
5. Remove or replace existing pole mounted area lights.
6. Provide structural pole base calculations for walkway lights. (one structural calculation).
7. Provide site lighting photometric illumination point by point drawing for walkways/playground, if required.
8. Provide exterior walkway lighting Title 24 calculations, if required.
9. Provide California registered Electrical Engineer’s review, stamp and signature.
10. Provide revisions necessary as a part of Building Department review; submit construction documents for bid issue and construction.
11. Respond to requests for information and prepare any addenda as necessary.
12. Review all shop drawings relating to the electrical work for compliance with the construction documents.
SERVICES NOT INCLUDED:
1. Soils testing and reports. Client shall provide to Consultant for use in structural calculations.
2. Design of new off-site street lighting or structural pole base calculations for street lighting.
3. Design of any components for data, integrated communications, access control, site sound system, site annunciation system site video surveillance, wireless Wi-Fi or site solar system.
4. Design monument up lighting
5. Fees, submittals, processing or approval of electrical drawings with local Building Department.
6. Advertisement or hard copy sets for bidding purposes. Owner shall provide all advertising, bid sets and book specification, including fees, for bid.
7 Providing Boiler plate specifications or conducting bid process. Owner shall be responsible for all bid items.
8. Fabrication of electronic site plan, Client shall provide scaled electronic site plan.
9. Designing replacement of existing meter pedestal if inadequate for new loads
10. Design of Future Solar Power System headend, equipment, cabling, solar panels or connection to ATTACHMENT 2
371
23-3008.0
8048 Palm Ave. Highland, CA 92346 – Phone 909 864-0223 Fax 909 864-0280 3 existing site meter pedestal.
11. Design of future electric car charging station raceways or power requirements.
12. Investigation and documentation of “as built” electrical if existing drawings are unavailable. Field investigation by consultant is limited to visual observation of panels and overcurrent devices without exposing live parts. Owner shall furnish licensed electrician if necessary, to determine panel capacity.
13. Design of remedial electrical work where existing conditions are in violation of California Electric Code. (C.E.C.)
14. Providing calculation to determine the load of the existing site metered service. Owner shall provide copy of the utility bills for the last 12 months.
“EXHIBIT B”
TERMS OF AGREEMENT FOR ENGINEERING SERVICE
Article 1 BASIC SERVICES
1.1 Consultant shall coordinate with Client with respect to the Consultant's services in such a way that Consultant's duties and responsibilities shall be co-extensive with those of Client.
Consultant shall perform his services in character, sequence, and timing so that they will be coordinated with services of Client and other Consultants for the project. Consultant’s services will proceed after adequate base sheets and/or Client furnishes other information necessary. The Consultant's services shall conform to the original schedule and budget for the project as provided by the Client. The relationship of Consultant to the Client shall be that of an independent contractor performing professional services for Client in accordance with this Agreement.
1.2 Consultant shall comply with all Electrical Building Department rules and regulations that will affect this design on this project.
1.3 Consultant shall provide a complete set of design documents including all schedules, details, diagrams, legends and specifications (if required). Consultant shall furnish at his client all progress prints and specifications required.
1.4 Consultant shall review all electrically related shop drawings as submitted by the Electrical Contractor to ensure compliance with specifications.
1.5 Consultant shall perform the services as set forth on "Exhibit A", attached.
Article 2 DOCUMENT SUPPORT
2.1 Document support shall include Building Department or Division of State Architects review changes, Building Department or Division of State Architects responses and request for information during bid.
2.2 Document support shall be considered as part of the contract, if required, regardless of the extensiveness of support required on the project.
Article 3 CONSTRUCTION ADMINSTARTION
Construction administration shall include addenda items due to changes, estimated construction cost, providing bid list, pre bid meeting, pre-construction meeting, change order review, shop drawing review, request for information during construction, meetings during construction, site visits during construction video meetings during construction, conference calls during construction and final site inspection/punch list.
Article 4 WORK NOT INCLUDED / EXTRA SERVICES
4.1 All Building Department Fees: Consultant shall provide drawings as required to submit
ATTACHMENT 2
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23-3008.0
8048 Palm Ave. Highland, CA 92346 – Phone 909 864-0223 Fax 909 864-0280 4 electrical construction documents for the Building Department plan check. Client shall pay all Building Department fees.
4.2 Printing: Client shall furnish at his expense information and progress prints of the work required for this project. Prints required by reviewing agencies. Documents required for bidding and construction shall be paid for by Client or Consultant shall pay for blueprinting and Client will reimburse. Client shall pay for final prints and specifications furnished to Consultant. Mylar final prints shall be paid for by Client or Consultant shall pay and Client will reimburse. Reimbursable invoice for additional prints shall include blueprint cost, plus 15% for any applicable governmental fees, outside vender reproduction cost, in house reproduction costs, mileage and delivery or messenger services incurred on client’s behalf
4.3 Additional work/revisions: No additional services shall be performed without written direction from Client. Consultant shall be paid by Client for any additional work resulting from changes or revisions made by the Client or Project Owner and also for any additional work not specifically mentioned in Articles 1 and 2 above, as provided in paragraph 5.1.
Article 5 COMPENSATION
5.1 Client shall pay Consultant amount stated in “FEE SCHEDULE”, page 1.
5.2 Client shall pay Consultant for Article 3 "Work Not Included/Extra Services/Construction Support" for changes or revisions per paragraph 4.3 at the hourly rates as set forth in paragraph 4.3.
5.3 For the purposes of hourly services and/or revisions for the basic services, the Consultant shall invoice the Client at the following rates:
Project Engineer/Manager $ 230.00
Designer $ 180.00
Drafting/CADD $ 165.00
Clerical/Delivery/Accounting $ 150.00
These hourly rates shall be adjusted annually based on increases in product cost, the cost of living and fuel prices.
Article 6 INVOICE AND PAYMENTS
6.1 At Building Department or Division of State Architects submittal Construction Documents shall be considered 80%. Consultant shall tender an 80% invoice to Client setting forth all amounts due. Client shall completely pay 80% invoice prior to final building department or division of state architects submittal or electrical drawings will not be stamped or wet signed
6.2 When project is approved by the Building Department, Division of State Architects or published for bid the Electrical Construction Documents shall be considered 100%.
Consultant shall tender a 20% invoice (Total amount for Construction Documents 100%) to Client setting forth all amounts due.
6.3 During design and construction phase Consultant shall tender an invoice to Client setting forth the amounts due for Construction Administration and reimbursable expenses.
6.4 Projects that do not require Construction Administration shall not be invoiced.
6.5 At completion of project Client shall provide written notification to Consultant when they are doing final billings to Owner. Closing out project without written notification to Consultant does not relieve Client of complete payment of all amounts. After notification Consultant shall tender an invoice to Client setting forth the final amounts due for Construction Administration and reimbursable expenses, as required.
6.6 Client shall pay to consultant the total amount due under invoice within thirty days after receipt of invoice, or within five (5) days of receiving payment from owner (if other than client) whichever date occurs first. Client shall pay a service charge of 1.50% per month on all unpaid balances. Consultant may suspend all work on the project when accounts are over 60 days delinquent.
ATTACHMENT 2
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23-3008.0
8048 Palm Ave. Highland, CA 92346 – Phone 909 864-0223 Fax 909 864-0280 5 Article 7 ABANDONMENT
In the event the project is abandoned, Client shall advise immediately by written notice, Consultant to stop work. Client shall pay consultant for all outstanding invoices for service performed and for services completed at that time on the project. Work shall be suspended until Client advises Consultant in writing to continue work.
Article 8 ELECTRICAL DOCUMENTS
8.1 All electronic files, drawings and copies furnished by JCA Engineering Inc. are and shall remain its property. They are to be used only with respect to the above-mentioned project and are not to be used on any other project. Submission or distribution to meet official regulatory requirements or for other purposes in connection with this project is not to be construed as publication in derogation of JCA Engineering Inc. common law copyright or other reserved rights.
8.2 Client agrees not to make changes to any of the Consultants documents without Consultants written agreement.
8.3 Electrical plans are diagrammatic only. Architectural drawings, elevations, details or sections shall denote all electrical devices locations that need exact mounting requirements.
8.4 Upon request Consultant shall provide the Client with electronic files after all fees have been completely paid and JCA’s affidavit has been signed and returned. Time required to process request will be billed to Owner or Client at the above hourly rates.
8.5 Electrical design on documents is guaranteed for a 180 day period. Projects that have not started construction prior to the guarantee period shall be subject to additional electrical fees to investigate and change any items on the drawings related to the current electrical and fire code at that time.
Article 9 SCOPE OF AGREEMENT AND ACCEPTANCE
9.1 This document contains the entire agreement of the parties relating to the rights granted and obligations assumed in this document. Any oral modifications or representations concerning this document shall be of no effect unless contained in a subsequent written modification signed by the party to be charged.
9.2 The electrical fees shown above shall be reviewed and adjusted if the project has not commenced within 180 days of signing of this contract.
Article 10 INSURANCE
Each party to this Agreement shall carry and maintain insurance to protect him from claims arising out of the performance of his professional services caused by the acts, errors or omissions of each party's legally responsible.
Article 11 ARBITRATION
All questions in dispute under this Agreement shall be submitted to arbitration in accordance with the provision of the Construction Industry rules of the American Arbitration Association. Consultant cannot be sued for a greater amount than the fee. The prevailing party shall be entitled to reasonable attorney's fees to be awarded by the Arbitrator. If there are judicial proceedings instead of arbitration, reasonable attorney's fees shall be fixed by the court.
END OF DOCUMENT
ATTACHMENT 2
374
October 4, 2023
Proposal No. P-1001223-CR
Architerra Design Group
10221-A Trademark
Rancho Cucamonga, California 91730
Attention: Mr. John Huber
Subject: Proposal for Geotechnical and Infiltration Evaluations Proposed Park Expansion Project
Ketchum-Libolt Park – 2150 Maple Street
City of Costa Mesa, Orange County, California
Dear Mr. Huber:
As requested, GeoTek, Inc. (GeoTek) is pleased to submit this proposal to prepare a Geotechnical and Infiltration Evaluation for the subject park located in the City of Costa Mesa, California. This proposal has been prepared based upon information provided by Architerra Design Group and GeoTek’s experience with these types of projects.
Site and Project Description
The project consists of the expansion and renovation of Ketchum-Libolt Park. It is GeoTek’s understanding that the proposed improvements are to include new play elements; a picnic shelter and seating area; enhanced landscaping; lighting system; and fencing improvements.
For the purposes of this proposal, it is assumed that any structures will be one-story and will be supported by conventional shallow spread footings and will most likely include a conventional slab on-grade floor system. Minimal cuts and fills are anticipated to be required during construction.
GEOTECHNICAL | ENVIRONMENTAL | MATERIALS
ATTACHMENT 2
375
Architerra Design Group Proposal No. P-1001223-CR
Proposal for a Geotechnical and Infiltration Evaluation October 4, 2023 Costa Mesa, Orange County, California Page 2
Based on review of published geologic maps, Ketchum-Libolt Park is underlain by alluvium.
Some artificial fills are likely due to the existing site improvements. The site is not located within an “Alquist-Priolo” Earthquake Fault Zone or areas identified by the State of California as having a potential for liquefaction. Groundwater is anticipated to be greater than 50 feet below the existing grades.
Proposed Scope of Work
In order to characterize the subsurface soil conditions at the site, GeoTek will perform a reconnaissance of the site. Permission/approval to enter the facility and coordination to drill on the property will need to be provided by Architerra Design Group.
GeoTek will excavate four (4) exploratory hollow stem auger borings with the aid of a track mounted drill rig. Two (2) of the borings will be for geotechnical purposes and two (2) of the borings will be for infiltration testing purposes. The geotechnical borings will be excavated in accessible areas of the site. Both of the geotechnical borings will be excavated to a maximum depth of approximately 15 to 20 feet, or refusal, whichever occurs first. T h e t wo (2) infiltration borings will be excavated to depths of approximately five (5) feet below existing grades and will subsequently be utilized for infiltration testing. The locations of the infiltration borings should be provided to GeoTek prior to the field exploration. The infiltration testing will be completed in general conformance with County of Orange guidelines.
Once the drilling operations are completed, the boreholes will be backfilled with the soil cuttings and capped with native soil. The costs of removing any excess soil from the borings at the project site have not been included in this proposal.
Prior to performing the field investigation, a representative of GeoTek will stake or spray paint the proposed exploration locations. Please be advised that GeoTek will not commence the field investigation until a representative of the site has reviewed the proposed exploration locations and has verified that those locations are clear of buried utility lines. Prior to conducting the field explorations, GeoTek will contact Underground Service Alert (USA) to identify buried utilities that may be in the vicinity of the proposed exploration locations. This service does not mark locations of privately owned utilities. A local private utility locator has been included in the costs of this proposal to identify possible private utilities within the proposed areas of work which would not be marked by the public utility locator. Regardless of the use of a private utility locator, GeoTek will not be responsible for damage to unmarked subsurface structures or appurtenances as a result of the field activities.
GeoTek will not be responsible for repairs to any landscaping or irrigation lines that may be damaged as part of the field activities.
ATTACHMENT 2
376
Architerra Design Group Proposal No. P-1001223-CR
Proposal for a Geotechnical and Infiltration Evaluation October 4, 2023 Costa Mesa, Orange County, California Page 3
The fee estimate presented includes a trip to the site to locate the test borings, a trip to perform the actual exploration operations and a trip to perform the infiltration testing.
California Prevailing Wage requirements are considered applicable for this project. This proposal is based on the understanding that the field exploration will be conducted during regular weekday business hours and that the boring locations are accessible by a regular-sized track-mounted drill rig.
Samples of soils encountered in the explorations will be obtained for subsequent laboratory testing. The laboratory testing will likely include in-situ moisture densities, maximum density/optimum moisture content, direct shear, and expansion index and corrosion testing.
Subsequent to completion of the field work and laboratory testing, a geotechnical report will be prepared for the facility. The report will include, but not necessarily be limited to: overall feasibility of the proposed improvements from a geotechnical standpoint; exploration logs including descriptions of materials encountered; an exploration location map; geologic setting; site seismic criteria; depth to groundwater if encountered; geotechnical hazards; corrosivity and soluble sulfate test results; preliminary foundation recommendations; infiltration test results; and geotechnical recommendations for grading and construction.
The fee for the geotechnical and infiltration evaluation is $11,213. A more detailed breakdown of the costs is included in the appendix attached to this proposal.
A final report can be submitted within approximately 20 working days following completion of the site exploration. It is estimated that work can commence as soon as written authorization is received. Assuming no delays due to availability of exploration equipment, site accessibility and inclement weather, it is anticipated that the field phase of the study will commence promptly once authorized by the client.
Closure
The fees covered by the above estimate are limited to the stated scope and do not include any response to jurisdictional review questions, construction-related services, additional meetings or consultations that may be requested. Services beyond those outlined in this proposal and requested/authorized will be invoiced at the prevailing hourly rates, as indicated on the attached Work Authorization and Agreement.
Please sign and return a copy of the enclosed "Work Authorization and Agreement" form to this office.
ATTACHMENT 2
377
Architerra Design Group Proposal No. P-1001223-CR
Proposal for a Geotechnical and Infiltration Evaluation October 4, 2023 Costa Mesa, Orange County, California Page 4
If GeoTek receives a request to proceed (whether verbal, in writing or in the form of a Work Order or Purchase Order) with any or all of the services described in this proposal prior to receiving a signed copy of the attached Work Authorization and Agreement, and GeoTek provides any or all of the services, GeoTek and Architerra Design Group expressly agree that the terms of this proposal, the attached fee schedule and the terms and conditions set forth in the attached Work Authorization and Agreement form shall govern all the services performed.
GeoTek appreciates the opportunity of submitting this proposal and have included a contract for the scope of services. GeoTek looks forward to working with Architerra Design Group towards the successful completion of this project. If you have any questions, please do not hesitate to contact the undersigned.
Respectfully submitted,
GeoTek, Inc.
Anna M. Scott Bruce A. Hick
Project Geologist GE 2284, Exp. 12/31/24
Geotechnical Engineer
Edward H. LaMont
CEG 1892, Exp. 07/31/24
Principal Geologist
Enclosures: Breakdown of Costs
Work Authorization and Agreement
\\geotekfs1\Riverside\Geo. & Env. Proposals\2023\October\P-1001223-CR Architerra Design Group Costa Mesa GEO\Ketchum-Libolt Park\P-1001223-CR Architerra Design Group Ketchum-Libolt Park GEO.doc ATTACHMENT 2
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TASK RATE TOTAL Notes
TASK NO. 1 SCHEDULING AND PROJECT COORDINATION
Staff Engineer/Geologist 2 Hours 141 $ 282$
282$
TASK NO. 2 SUBSURFACE INVESTIGATION
Private Utility Locator* 3 Hours 408 $ 1,224$ Includes marking utilities and report Mobilization/Demobilization (Private Utility
Locator) 2 Hours 216 $ 432$
Hollow Stem Auger Track Mounted Drill Rig* 4 Hours 540 $ 2,160$ Mobilization/Demobilization (Drill Rig) 3 Hours 540 $ 1,620$ Field Engineer/Geologist 16 Hours 118 $ 1,888$ Includes USA marking, boring logging and infiltration testing
Field Supplies 1 Each 500 $ 500$ Pipe, rock, gravel and water 7,824$
TASK NO. 3 LABORATORY TESTING
Moisture/Density Rings 8 Each 34 $ 272$
Expansion Index 1 Each 171 $ 171$
Corrosion Suite Testing with Sulfates 1 Each 228 $ 228$ Direct Shear 1 Each 270 $ 270$
Proctor - Moisture Density Curve 1 Each 219 $ 219$ Collapse 3 Each 107 $ 321$
1,481$
TASK NO. 4 ENGINEERING AND REPORT PREPARATION
Office Services/Drafting 2 Hours 69 $ 138$
Staff Engineer/Geologist 8 Hours 141 $ 1,128$
Geotechnical Engineer 2 Hours 180 $ 360$
1,626$
11,213$
* Denotes Prevailing Wage Rate
SUBTOTAL:
SUBTOTAL:
TOTAL:
SUBTOTAL:
SUBTOTAL:
QTY
Appendix A
Breakdown of Costs for a Geotechnical and Infiltration Evaluation Ketchum-Libolt Park - 2150 Maple Street
Costa Mesa, Orange County, California
ATTACHMENT 2 379
GeoTek, Inc. Work Authorization And Agreement
PROJECT INFORMATION
Proposal No:
Retainer:
Reimbursable Expenses not in fee Estimate:
CLIENT INFORMATION
Ext:
State: CA Zip:
TERMS AND CONDITIONS
1) AGREEMENT. This Work Authorization and Agreement together with the proposal 2) FEES/QUOTATIONS. Unless otherwise specified, the Proposal will define the: (1) Services to be provided, (2) the estimated fee and expense amount(s) for such Services, and (3) the billing type or method (e.g. time and materials, lump sum, fixed fee to a maximum, etc.). Client agrees to pay GeoTek its quoted rates for the Services and any Additional Services (as defined below) and products provided subject to changes in pricing from time to time. Any quotation will be good for a period of thirty (30) days from the date of the quotation. Quotation(s) of fees and expenses are estimates only. The actual fees and expenses will be shown when the final invoice is tendered.
incorporated herein by reference and made a part of this Agreement (defined below) will constitute the agreement between Client, as identified above, and 3) BILLING AND PAYMENT.Invoices will be submitted on a progress basis for all Services performed during the term of the project. All invoices are due and payable upon receipt. Any and all invoices or any portion thereof, outstanding after thirty (30) days will accrue interest at 1.5% per month but in no event more than the maximum rate permissible by law from the original date of the invoice until paid. 6) PERFORMANCE.
a) Governmental rules and regulations are subject to interpretations. GeoTek will prepare all reports with a view toward complying with governmental rules and regulations, but no guarantee is given that any or all reports will be approved by the applicable governmental agency. b) GeoTek is relying entirely on plans and maps given to GeoTek by the Client or Client's agents, representatives or designees. Client will indemnify and hold GeoTek harmless from any and all damages to person or property caused by or to GeoTek or third parties resulting from undisclosed underground conditions or errors or inaccuracy of plans, maps or any other information provided by the Client or Client's agents, representatives or designees to GeoTek. 4) CHANGE ORDERS. Client acknowledges that it is impossible to predict with certainty what changes to the Services will be necessary as requirements for changes come from many sources beyond GeoTek's control. In the event changes become necessary, any services that are not specifically set forth in either GeoTek’s proposal or this Agreement but are requested by Client, its agents, representatives, or designees, either verbally or in writing, will be considered “Additional Services”. If Client, its agents, representatives, or designees request any Additional Services, GeoTek will issue Client a Change Order for Additional Services (“Change Order”) confirming Client’s authorization to proceed with such Additional Services. Within twenty-four (24) hours of receipt of a Change Order, Client must notify GeoTek of any disagreements with or amendments to any of the terms of the Change Order. Client’s failure to provide GeoTek with such timely notice will constitute acceptance of the terms of the Change Order and Client will be responsible for all additional charges, costs, fees and expenses incurred by GeoTek for such Additional Services. Due to the need for rapid decisions, fax transmissions and email are acceptable modes of confirmation. The Terms and Conditions of this Agreement and most recent fee chedule will apply to all Additional Services. (“GeoTek”) for performance of the professional services outlined in the Proposal, (“Services”).GeoTek, Inc., a Nevada Corporation 5) RIGHT OF ENTRY.
a) Client hereby grants GeoTek the right of entry to the job site to permit GeoTek to perform the work under this Agreement. Client warrants that it has the authority to grant such right of entry.
b) Client acknowledges that excavations or destructive testing may be required to perform portions of the Services. Excavations will be backfilled in a prudent manner but cannot be returned to the previous condition. Damage to landscaping or natural vegetation may result. Client will indemnify and hold GeoTek harmless from any and all damages to persons or property caused by or to GeoTek or third parties as a result of the Services.
GeoTek is willing to provide the Services for consideration and upon the terms set forth in the Proposal and hereinafter stated. This Work Authorization and Agreement and the Proposal will be referred to collectively hereinafter as the “Agreement”. Any future work performed for Client will be under the terms of this Agreement unless a new agreement is executed in writing by both parties. c) GeoTek will not be responsible for delays or its failure to perform as a result of inclement weather, accidents, acts of God, public insurrection, war, labor difficulties, riots, interference by governmental agencies, or any other act reasonably beyond GeoTek's control. d) Client will disclose in writing to GeoTek any and all known or suspected hazardous or toxic conditions or materials present at the job site and will indemnify, defend and hold GeoTek harmless from and against any and all liability, costs, attorneys or expert fees or damage to person or property arising from hazardous or toxic conditions or materials present at the job site.
Scope of Services: Scope and estimated fees are outlined in the attached proposal. Services not outlined in the proposal or in this Agreement, are not included in the scope of this contract and will be invoiced separately as Additional Services (as provided in Paragraph 4 below). All services, including any Additional Services, are subject to the Terms and Conditions below.
Attention:
Address 2:
City: 91730
(the “Proposal”), the terms of which are
Fax No:
[email protected]
Rancho Cucamonga
Cell Phone:
P-1001223-CR
10/4/2023 Date:
P-1001223-CR
Project No:
Project Name:
Project Location:
Ketchum-Libolt Park - Geotechnical and Infiltration Evaluation Costa Mesa, Orange County, California
Address 1:
Email:
Phone No:
Name: Architerra Design Group
Mr. John Huber
10221-A Trademark
COD: Fee Estimate: $11,213.00
Rev 08/14 1 of 3
ATTACHMENT 2
380
GeoTek, Inc. Work Authorization And Agreement
9) INSURANCE. GeoTek maintains worker's compensation and public liability insurance policies for bodily injury and property damage. Certificates of insurance will be furnished upon request. With regard to property claims, GeoTek will not be responsible for damage beyond those amounts paid under the policies.
GeoTek will not be responsible for any consequential, lost profits, business interruption, or other damages claimed by Client. Requests for waivers of subrogation or other endorsements are subject to a 5% fee surcharge. 8) PROFESSIONAL OPINION. GeoTek’s professional services will be performed, findings obtained, and recommendations prepared in accordance with generally accepted engineering practices in effect at the time and place the services are performed. The professional opinions of GeoTek will be based upon conditions revealed at exploration locations and reconnaissance of surrounding terrain or through research efforts. The services on any given site are limited. It is agreed that GeoTek is not responsible for the affect that unknowns such as acts of others on adjacent properties, variables of nature including, but not limited to, earthquakes, the works of man, Acts of God, and other variables beyond the control of GeoTek may have on any opinion rendered hereunder. No opinions of any kind are given by GeoTek except those expressly stated in GeoTek's written reports. GeoTek does not warrant (either expressed or implied) or guarantee any of its recommendations, opinions or Services.
7) HAZARDOUS MATERIALS. GeoTek is not a generator, transporter and does not store or dispose of hazardous waste or non hazardous waste. Client will be responsible for the proper management, storage and disposal of hazardous waste or non hazardous waste present on the site and that may be encountered whether or not identified during GeoTek’s evaluation.
10) INDEMNIFICATION and LIMITATION OF LIABILITY.
a) GeoTek agrees, subject to the limitations herein, to indemnify and hold harmless Client from and against damages, liability and reasonable costs arising from the negligent acts of GeoTek in the performance of its Services under this Agreement, to the extent that GeoTek is responsible for such damages, liability and reasonable costs on a comparative fault basis. Notwithstanding the foregoing agreement to indemnify Client, the parties expressly agree that GeoTek has no duty to defend Client from or against any claims, damages, liabilities, judgments, demands, causes of action, costs, expenses, or proceedings of any kind.
GeoTek will not be obligated to indemnify Client for Client's own negligence or the negligence of others. b) Client agrees, subject to limitations herein, to indemnify and hold harmless GeoTek from and against damages, liability, and reasonable costs arising from the negligent acts of Client related to any work performed under this Agreement to the extent that Client is responsible for such damages, liability, and reasonable costs on a comparative fault basis. Notwithstanding the foregoing agreement to indemnify GeoTek, the parties expressly agree that the Client has no duty to defend GeoTek from or against any claims, damages, liabilities, judgments, demands, causes of action, costs, expenses, or proceedings of any kind. Client will not be obligated to indemnify GeoTek for GeoTek’s own negligence or the negligence of others. c) Client acknowledges that it is aware of the risks involved in construction, limitations inherent to the contract Services, and variations that can exist from the conditions identified. Client agrees to limit any liability, claim for damages to person or property, attorneys fees, expert fees or other costs of defense, or expenses (collectively "Claims") to be levied against GeoTek arising out of or relating to any design defect, error, omission, professional negligence or other promise of GeoTek (collectively "Liabilities") to the amount of GeoTek's fees paid under the Agreement. This limitation will apply regardless of the cause of action or legal theory pled or asserted. The fee charged Client for the Services to be rendered pursuant to this Agreement has been established with regard to the legal effect of this Limitation of Liability section. Increased limits of liability can be negotiated for an increased fee. d) Except for work performed or provided by those subcontractors or subconsultants retained directly by GeoTek for whom GeoTek is legally liable, GeoTek assumes no responsibility or liability for work, testing, design(s) or recommendations performed or provided by others including, without limitation, other contractors, subcontractors, or consultants of any tier. f) Notwithstanding any other provision of this Agreement, neither the Client nor GeoTek, their respective officers, directors, partners, employees, contractors or subconsultants will be liable to the other or will make any claim for any incidental, indirect or consequential damages arising out of or connected in any way to the Project or to this Agreement. This mutual waiver of consequential damages will include, but is not limited to, loss of use, loss of profit, loss of business, loss of income, loss of reputation and any other consequential damages that either party may have incurred from any cause of action including negligence, strict liability, breach of contract and breach of strict or implied warranty. Both the Client and GeoTek will require similar waivers of consequential damages protecting all the entities or persons named herein in all contracts and subcontracts with others involved in this project. e) The parties understand and agree that Client’s sole and exclusive claim, demand, suit, judgment and/or remedy for any claims arising from or in any way related to the performance of the Services provided under this Agreement will be directed and/or asserted only against GeoTek and not against any of GeoTek’s shareholders, engineers, employees, officers, or directors. 11) DISPUTE RESOLUTION. In an effort to resolve any conflicts that arise during the design and construction of the project or following the completion of the project the Client and GeoTek agree that all disputes between them arising out of or relating to this Agreement or the project will be submitted to non binding mediation unless the parties mutually agree otherwise.
12) JOBSITE SAFETY. Neither the professional activities of GeoTek nor the presence of GeoTek or its employees and subconsultants at a construction/project site, will relieve the General Contractor of its obligations, duties and responsibilities including, but not limited to, construction means, methods, sequence, techniques or procedures necessary for performing, superintending and coordinating the Work in accordance with the contract documents and any health or safety precautions required by any regulatory agencies. GeoTek and its personnel have no authority to exercise any control over any construction contractor or its employees in connection with their work or any health or safety programs or procedures. The Client agrees that the General Contractor will be solely responsible for Jobsite safety, and warrants that this intent will be carried out in the Client’s contract with the General Contractor. The Client also agrees that the Client, GeoTek and GeoTek’s subconsultants will be indemnified by the General Contractor and will be made additionally insured under the General Contractor's policies of general liability insurance.
13) OWNERSHIP OF INSTRUMENTS OF SERVICE.All reports, drawings, specifications, computer files, field data, notes and other documents and instruments prepared by GeoTek as instruments of service will remain the property of GeoTek. GeoTek will retain all common law, statutory and other reserved rights, thereto.
All documents prepared by GeoTek under this Agreement for a particular project are not intended and not represented to be suitable for reuse by Client or others on any other project. Any such reuse without written authorization from GeoTek will be without liability to GeoTek and Client agrees to indemnify, defend, and hold harmless GeoTek from and against any and all losses, claims, damages and expenses (including attorney’s fees) arising out of or resulting there from.
Rev 08/14 2 of 3
ATTACHMENT 2
381
GeoTek, Inc.
By: By:
Signature
Title: Title:
16) SUSPENSION OF SERVICES.
a) If the Project or GeoTek's Services are suspended by the Client for more than thirty (30) calendar days, consecutive or in the aggregate, over the term of this Agreement, GeoTek will be compensated for all Services performed and reimbursable expenses incurred prior to the receipt of notice of suspension. In addition, upon resumption of Services, the Client will compensate GeoTek for expenses incurred as a result of the suspension and resumption of its Services, and GeoTek's schedule and fees for the remainder of the Project will be equitably adjusted. b) If GeoTek’s Services are suspended for more than ninety (90) days, consecutive or in the aggregate, GeoTek may terminate this Agreement upon giving not less than five (5) calendar days written notice to the Client.
c) If the Client is in breach of the payment terms or otherwise is in breach of this Agreement, GeoTek may, at its sole discretion, suspend performance of services and/or withhold any and all reports and work product. In the event GeoTek suspends performance and/or withholds reports and work product pursuant to this provision, GeoTek will not be in default of this Agreement and GeoTek will have no liability to the Client. Client agrees to make no claim against GeoTek for any delay or damage as a result of such suspension and/or withholding of reports and work product and agrees to defend and indemnify GeoTek from and against any and all claims for damages including, without limitation, claims for delay, lost profit, business interruption, consequential or any other damages resulting from the suspension of services and/or withholding of any report and work product. Upon receipt of payment in full of all outstanding sums due from the Client, or curing of such other breach which caused GeoTek to suspend Services and/or withhold reports and work product, GeoTek will resume Services and/or provide Client with the applicable reports and work product and there will be an equitable adjustment to the remaining project schedule and fees as a result of the suspension. 17) MISCELLANEOUS.
a) All terms of this Agreement will be governed by and construed under the law of the State in which the Services are provided. Diversity of the parties will not determine jurisdiction.
b) No provision of this Agreement will be interpreted for or against any party because that party or its legal representative drafted the provision. c) In the event that legal action is taken to enforce the terms of this agreement or resolve a dispute the prevailing party will be entitled to reasonable attorney's fees and costs incurred.
d) Failure by a party to exercise any right, remedy, or option in this Agreement or delay by a party in exercising the same will not operate as a waiver. No waiver will be effective unless it is in writing.
e) Every provision of this Agreement is intended to be severable. If any term or provision hereof is declared by a court of competent jurisdiction to be illegal, invalid or unenforceable for any reason whatsoever, such illegality, invalidity or unenforceability will not affect the balance of the terms and provisions hereof, which terms and provisions will remain in full force and effect.
f) This Agreement may be executed at different times and in multiple counterparts, including, without limitation, facsimile counterparts, each of which will be deemed an original, but all of which together will constitute one and the same instrument. g) Client may not assign its rights or obligations under this Agreement without the express written consent of GeoTek. GeoTek may assign its rights and obligations under this Agreement to any of its affiliate companies without Client's consent upon written notice to Client. In the event of such an assignment, the assignee will assume the obligations of GeoTek under this Agreement as though such assignee had been an original party to this Agreement.
P-1001223-CRBranch Manager
Printed Name Printed Name
Ed LaMont, CEG
Signature
18) AMENDMENTS. Except as specifically provided herein, no addition(s) to or modification(s) of this Agreement will be binding on either party unless made in writing and executed by GeoTek and Client.
14) FORCE MAJEURE. Force Majeure as used in this Article will mean an act of God, strike, lockout, or other industrial disturbance, act of public enemy, war, blockage, public riot, lightning, fire, flood, explosion, earthquake, failure to timely receive necessary governmental approvals government restraint, unavailability of equipment, and any other cause, whether of the kind specifically enumerated above or otherwise, other than financial liability, which is not reasonably within the control of the party claiming suspension. If either party is rendered unable, wholly or in part, by Force Majeure to carry out their obligations under this Agreement, other than the obligation to make money payments, such party will give to the other party prompt written notice of the Force Majeure with reasonably full particulars concerning it; thereupon, the obligations of the party giving notice, so far as they were affected by the Force Majeure, will be suspended during, but no longer than, the continuance of the Force Majeure. The affected party will use all possible diligence to remove the Force Majeure as quickly as possible.
By Signing below, the parties accept the services outlined in the proposal, the rates indicated on any attached fee schedule, and all the terms and conditions contained within each page of this Agreement, including but not limited to attachments and exhibits.
CLIENT'S Authorized Signature of Acceptance:
15) TERMINATION.
a) In the event of termination of this Agreement by either party for any reason, the Client will within fifteen (15) calendar days of termination pay GeoTek for all Services rendered and all reimbursable costs incurred by GeoTek up to the date of termination, in accordance with the payment provisions of this Agreement. b) The Client may terminate this Agreement for the Client's convenience and without cause upon giving GeoTek not less than seven (7) calendar days written notice. c) Either party may terminate this Agreement for cause upon giving the other party not less than seven (7) calendar days written notice for any of the following reasons:
i.) Failure by the other party to materially perform in accordance with the terms of this Agreement and through no fault of the terminating party; ii.) Assignment of this Agreement or transfer of the Project by either party to any other entity without the prior written consent of the other party; iii.) Material changes in the conditions under which this Agreement was entered into, the scope of Services or the nature of the Project, and the failure of the parties to reach agreement on the compensation and schedule adjustments necessitated by such changes. d) In the event of any termination that is not the fault of GeoTek, Client will pay GeoTek, in addition to payment for services rendered and reimbursable costs incurred, for all expenses reasonably incurred by GeoTek in connection with the orderly termination of this Agreement, including without limitation, demobilization, reassignment of personnel, overhead costs and all other expenses directly resulting from the termination.
CONSULTANT Authorized Signature of Acceptance:
Work Authorization And Agreement
Rev 08/14 3 of 3
ATTACHMENT 2
382
PERSONNEL RATES Soils and Asphalt Continued
Professional and Project Management Description Unit Rate Unit Staff Type Unit Rate Unit
Percent Finer than #200 Sieve ASTM D1140 134.00$ Each Principal Engineer/Geologist 208.00$ Hour Permeability of Granular Soils ASTM D2434 225.00$ Each Geotechnical Engineer 180.00$ Hour Permeability, Flexible Wall, Cohesive Soil ASTM D5084 562.00$ Each Project Engineer/Geologist 151.00$ Hour "R" Value ASTM D2844/CT 301 371.00$ Each Staff Engineer/Geologist 141.00$ Hour Resistivity of Soil ASTM G57 and pH ASTM D4972 146.00$ Each Field Engineer/Geologist 118.00$ Hour Sand Equivalent ASTM D2419/CT 217 129.00$ Each Field Supervisor 110.00$ Hour Sieve Analysis of Extracted Aggregate ASTM D5444 84.00$ Each Project Adminstration/Drafting 69.00$ Hour Sieve Analysis, 3" to #200 Gradation ASTM C117 171.00$ Each Sieve Analysis Minus #200 by Wash ASTM D1140/C117 84.00$ Each Inspectors and Technicians Soil Classification, ASTM D 2487 315.00$ Each Staff Type Rate Cost Soil Moisture/Density In Situ Sample ASTM D1587/D2937 34.00$ Each Water Soluble Sulfate 67.00$ Each
Lead Inspector 90.00$ Hour
Certified Welding Inspector(AWS/CWI) 100.00$ Hour
Soils Technician 80.00$ Hour Concrete and Aggregate Tests ICC Certified Inspector(RC, PC, SM, SS, SSB) 80.00$ Hour Description Unit Rate Unit ACI Technician 80.00$ Hour
Proof Load Testing 141.00$ Hour Specific Gravity & Absorption Coarse Agg. ASTM C127 84.00$ Each Floor Flatness Technician Specific Gravity & Absorption Fine Agg. ASTM C128 84.00$ Each Ground Penetrating Radar Trial Batches ASTM C192 900.00$ Each One Man Crew 225.00$ Hour Durability Index Coarse & Fine Aggregate ASTM D3744 134.00$ Each Two Man Crew 305.00$ Hour Lightweight Concrete Unit Weight ASTM C495 40.00$ Each Non-Destructive Testing (ASNT) Modulus of Elasticity of Concrete ASTM C469 225.00$ Each Level III Review 225.00$ Hour Sieve Analysis, Coarse Aggregate ASTM C136/CT 202 112.00$ Each Magnetic Particle Testing Level II 150.00$ Hour Sieve Analysis, Fine Agg #4 to #200 ASTM C117/C136 171.00$ Each Ultrasonic Testing Level II 150.00$ Hour Specific Gravity & Absorption Coarse Agg. ASTM C127 84.00$ Each Radiographic Inspection Specific Gravity & Absorption Fine Agg. ASTM C128 84.00$ Each Coring Splitting Tensile/Concrete Cylinder ASTM C496 57.00$ Each Coring Machine Operator with equipment 141.00$ Hour L.A. Rattler, ASTM C131 or C535/Cal 211 337.00$ Each Helper (Add Per Hour) 80.00$ Hour Sulfate Soundness, ASTM C88 607.00$ Each Wood Fabrication Inspection 124.00$ Hour Unit Weight of Aggregates, ASTM C29 134.00$ Each Nailing Inspection 100.00$ Hour Cleanness Value, CT 227 134.00$ Each Roofing Inspection 100.00$ Hour Moisture Content of Aggregate ASTM C29 84.00$ Each Laboratory Technician 100.00$ Hour Concrete
Sample Pick-up Driver (If not done on a per trip basis) 80.00$ Hour Shrinkage, set of 3, ASTM C157, CT 530 450.00$ Each Compression 4x8 Cylinders ASTM C39 34.00$ Each
Compression, 6x12 Cylinders, ASTM C39 34.00$ Each
Description Unit Rate Unit Compression, 3X6 Cylinders Lightweight ASTM C495 50.00$ Each Phase 1 and Phase 2 Reports Compression, 2X2 Cubes, each age, ASTM C109 34.00$ Each Geotechnical Investigation Report Concrete Core Compression ASTM C42 81.00$ Each Percolation or Infiltration Testing Splitting Tensile, 6X12 Cylinders, ASTM C496 84.00$ Each Unit Weight of Concrete Cylinders, ASTM C567 50.00$ Each LABORATORY TESTS Unit Weight of Lightweight ASTM C495 62.00$ Each Soils and Asphalt Flexural Strength of Concrete, ASTM C78 or C495 84.00$ Each Description Unit Rate Unit Shotcrete Panel Core Compression Test, ASTM C42 124.00$ Each Emission of Moisture through Concrete 112.00$ per test Asphalt Content by Ignition 342.00$ Each
Burn-Off Method CT 382/ASTM D6307 337.00$ Each Masonry Tests Bitumen Content (extraction), ASTM D2172 224.00$ Each Description Unit Rate Unit Bitumen Content CT 310/Cal 382 Ignition Furnace 169.00$ Each Gradation of Extracted Sample, ASTM C 136/CT 202 342.00$ Each Brick Absorption ASTM C67 28.00$ Each Maximum Specific Gravity, (Marshall) ASTM D2041 337.00$ Each Brick Compression ASTM C67 57.00$ Each Collapse/Swell ASTM D4546 107.00$ Each Dimensional Measurement-Masonry Units ASTM C140 84.00$ Each Compaction, Modified Proctor ASTM D1557 219.00$ Each Masonry Unit Compression Gross Area ASTM C140 124.00$ Each Compaction, Modified Proctor ASTM D698 219.00$ Each Masonry Unit Compression Net Area ASTM C140 96.00$ Each Hveem Maximum Density, CT 304/308 393.00$ Each Absorption & Moisture of Block ASTM C140 28.00$ Each Consolidation ASTM D2435, D4546 253.00$ Each Compression, Grout Prisms, ASTM C39 34.00$ Each Corrosivity Suite D4972, G57, D4327, D46589M 228.00$ Each Compression, Mortar Cylinders, ASTM C39 34.00$ Each Direct Shear, Consolidated-Drained ASTM D3080 270.00$ Each Compression, Composite Prisms, ASTM E447 124.00$ Each Direct Shear, Residual ASTM D6467 Mod 270.00$ Each Compression, Masonry Core, ASTM C140 84.00$ Each Expansion Index Test UBC 29-2/ASTM D4829 171.00$ Each Shear, Masonry Core, CCR Title 24 112.00$ Each Liquid Limit, Plactic Limit and P.I. ASTM D4318 169.00$ Each Epoxy Grout 2x2x2 Cube Compression ASTM C579 34.00$ Each Particle Size Analysis of Soil #4 to Fines ASTM D422 320.00$ Each Masonry Composite Prism Compression ASTM C1314 180.00$ Each Specific Gravity of Soil, ASTM D854 193.00$ Each Grout Prism - Compression Test ASTM C1019 34.00$ Each
ENVIRONMENTAL AND GEOTECHNICAL INVESTIGATIONS
Quote Upon Request
Quote Upon Request
Quote Upon Request
Quote Upon Request
2023 Master Fee Schedule
GEOTECHNICAL, SPECIAL INSPECTION AND MATERIALS TESTING SERVICES Non-Prevailing Wage Project
Quote Upon Request
ATTACHMENT 2
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2023 Master Fee Schedule
GEOTECHNICAL, SPECIAL INSPECTION AND MATERIALS TESTING SERVICES Non-Prevailing Wage Project
Reinforcing Steel Tests Miscellaneous
Description Unit Rate Unit Description Unit Rate Unit
Bend Test of Rebar #11 ASTM A370 112.00$ Each Concrete Mix Design Review 208.00$ Hour Bend Test of Rebar #14 ASTM A370 191.00$ Each Weld Procedure Review 225.00$ Each Bend Test of Rebar #3 - #10 ASTM A370 90.00$ Each QA/QC Plan Written Procedures Tensile #11 Rebar ASTM A370 90.00$ Each Administrative/Clerical Services 69.00$ Hour Tensile #14 Rebar ASTM A370 225.00$ Each
Tensile Test #3 - #10 ASTM A370 84.00$ Each
Prestressing Steel Tests
Description Unit Rate Unit BASIS OF CHARGES
Yield Strength, Breaking Strength, Elongation 337.00$ Each Description Unit Rate Unit (add $ 50.00 per test; for Modulus of Elasticity)
Work from 0-4 hours 4-Hour Minimum Billing
Structural Steel Tests Work from 4-8 hours 8-Hour Minimum Billing Description Unit Rate Unit Project Management as Project Engineer/Geologist 1- Hour Minimum weekly Work over 8 hours per day, or on Saturdays Time and One-Half High Strength Bolts/Nuts/Washer Compliance Test ASTM 169.00$ Each Work over 12 hours per day Double Time Mild Steel Not Over 1" Thick Work on Sundays/Holidays Double Time Tensile Strength, ASTM A370 (test only) 169.00$ Each Show-Up Time 2-Hour Minimum Billing Anchor Bolts, A 505 236.00$ Each Laboratory Testing - Rush Fee Add 50% to Testing Cost Tensile Strength 225.00$ Each Outside Services/Reimbursables Cost + 20% Bolts Proof Load or Ultimate 141.00$ Each Shipping Charges Cost + 20% Hardness (Rockwell) 57.00$ Each Parking/Tolls At Cost Certified Payroll Compliance $115 per month
Fireproofing Tests Deputy Inspectors (If applicable)
Description Unit Rate Unit Travel Time (Beyond 60-Mile Radius of Project Site) 80.00$ Hour Per-diem, Including Lodging (Beyond 100-Mile Radius) Quote Upon Request Fireproofing Adhesion / Cohesion Test Kit ASTM E736 57.00$ Each Fireproofing Density Test ASTM E605 50.00$ Each
Quote Upon Request
ATTACHMENT 2
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10/4/2023 Job number 23372 1 of 5
October 4, 2023
John Huber
Marketing Director
Architerra Design Group
10221-A Trademark
Rancho Cucamonga, CA 91730
Contract for: Structural engineering services for: entry structure anchorage and footing, playground equipment anchorage, gazebo, art feature, outdoor gym at City of Costa Mesa Ketchum Libolt Park per the RFP received 10/3/23.
Project: City of Costa Mesa Ketchum Libolt Park
Project No.: 23372
Dear John,
Thank you for asking us to provide you with our proposal for above referenced project. Present herewith is RGSE Inc’s evaluation of the scope of work and fees anticipated to complete the tasks.
Article 1, Assumptions/Parameters
1. We assume the soil is adequate for supporting the proposed structure using building code presumptive allowable soil stresses, and there are negligible amounts of sulfates, or other reactive chemicals unless noted otherwise on a soils report stamped and signed by a licensed geologist, and submitted to us prior to start of foundation design.
2. We assume that all existing structures have been built per the building codes and standards of the time it was built, and that they are legally permitted and safe.
3. Our analysis will be based on CBC 2022 part 2, volume 2, and referenced standards.
4. There are no existing subterranean structures, piping, or conduits that would affect the structural design.
5. The CLIENT will process submittals for permit.
6. The CLIENT will provide RGSE Inc with architectural plans in CAD, DXF, or REVIT format for use as our backgrounds.
7. The CLIENT will provide RGSE Inc with equipment cut sheet with required detailing, weight, and dimensional information.
8. The CLIENT will provide RGSE Inc with a geotechnical report with required information for foundation design, stamped and signed by a licensed professional engineer (if required by the building official).
9. The foundation design will consist of a conventional shallow footing system.
10. We do not check the internal structure of the elements being anchored, such as mechanical units, and prefabricated architectural elements. We assume that the elements are internally structurally adequate for credible loads.
Article 2, Basic Services
1. Design coordination with the other design professionals to ensure design intent is feasible.
2. Structural design and analysis in a Calculations package.
3. Structural Drawings for permit and construction.
4. Signing and sealing of the structural Drawings and Calculations.
5. Correspondence with Building Department Officials during the Plan check process.
6. Correspondence with contractors in the form of RFIs for clarifications and omissions.
7. Review and mark up the shop drawings and submittals as required by the Building department, and/or specifications.
8. Outline specification of structural materials in short form on our drawings.
Article 3, Exclusions and Additional services
The following services are not contemplated to be included within the scope of fee. These items may be added to the scope for an additional fee.
1. Architectural design and architectural code requirements including, but not limited to: Egress, Water and weather protection, Fire and smoke protection, Aesthetics, Window and ventilation requirements, Americans with disability act requirements ADA, Special space requirements and clearances, Planning department, and/or association requirements, Acquisition of reports, and/or drawings from other professionals, and Project management.
2. Soil engineering, civil engineering and site survey.
3. Detection or remediation of hazardous materials.
4. Mechanical, Electrical and Plumbing engineering.
5. Cost estimate and project schedule.
6. Means and methods of construction.
7. Workers safety and procedures.
8. Design and details of site work like fence walls, retaining walls, walkways, and ornamental structures, except for those items specifically listed in scope.
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10/4/2023 Job number 23372 2 of 5
9. Re-design due to new soil parameters or contractor errors.
10. Re-design due to changes in the architectural dimensions, elevations, or rooflines.
11. Long form specifications booklet.
12. ‘As-built’ or ‘Record’ drawings, unless noted otherwise.
13. Field verification of existing site conditions, unless noted otherwise.
14. Field verification of existing construction, unless noted otherwise.
15. Hydrology calculations.
16. Construction engineering, shoring of temporary conditions, and temporary earth retaining walls, except for those items specifically listed in scope.
17. Core drilling, concrete scanning, and material testing
18. Anchorage and stability of those elements and equipment less than 400 lbs and has a center of mass less than 48” tall except for those items specifically listed in scope.
19. Additional meetings, structural observations as not specified within Article 2. Note that even if structural observations during construction are not required by the Building Code or Official, they are highly recommended for review of the construction for general conformance with the approved construction documents.
20. Plan check and other jurisdictional fees.
21. REVIT or BIM models, unless noted otherwise.
Article 4, Compensation
For the services outlined in Article 2, RGSE Inc will bill a fixed fee of: $9,000.00, plus reimbursable expenses. Acceptable forms of payments are cash or checks made payable to RGSE INC or by bank or credit card at www.rgseinc.com/pay-online. Compensation shall be due base upon progress of the work as follows:
1 Retainer prior to start of work and minimum fee 10%
2 Upon submittal of report or schematic drawings
End of Schematic design phase. Contains plans with
structural systems outlined.
15%
3 Upon Submittal of a 50% complete progress set of
construction documents. End of design development
phase. Contains plans, some typical details, and notes. 15%
4 Upon Submittal of plan check ready drawings.
End of construction document phase
40%
5 Upon Submittal of permit ready drawings.
End of plan check phase
20%
6 At end of construction administration phase or last
observation report included in Article 2
-
7 Weekly for structural observations, reports, site meetings and transportation time to and from the project site, not included in Article 2.
Hourly rate
shown below.
8 Weekly for additional scope or client approved changes not caused by errors and omissions by RGSE INC
Hourly rate
shown below.
The above fee is based on all assumptions and exclusions, and each scope of the service shall be performed, and as described.
Deletion or change to the assumptions, scope, or exclusions may affect the compensation quoted and /or the timing of our completion.
The CLIENT agrees to compensate RGSE Inc for any additional services that are requested on an hourly basis. Services done at hourly rates will include travel time to meetings and trips to the project site. Where overnight stays are required for long distance projects or meetings, a minimum of 8 hours and a maximum of 12 hours will be billed for any one 24 hour period. The following rates are effective for up to one year after the date of this agreement. Rates are adjusted annually at the first of the year. Payment is due at the time these services are rendered.
Structural engineer $236.00 per hour (additional rates for expert witness and related forensic services) Professional engineer $200.00 per hour
Engineer in training $167.00 per hour
NDT Specialist $167.00 per hour
Designer / technician $140.00 per hour
Draftsman $108.00 per hour
Administrator $86.00 per hour
Intern $50.00 per hour
The CLIENT may expedite the services by agreeing to compensate RGSE Inc for overtime expenses subject to the agreement of the engineer. Payment to RGSE Inc shall be made within thirty (30) days following receipt of invoices and shall be based upon the proportion of services completed. Payments outstanding after thirty (30) days shall accrue interest at the rate of 1 ½ % per month, simple interest. RGSE Inc shall place a lien on the address for projects with unpaid invoices that are more the 90 days past due.
Article 5. Reimbursable expenses
Standard expenses, such as reproductions, Postage, handling, and delivery fees, are in addition to our fees. Reimbursable expenses are charged at our standard rate of cost plus fifteen percent (15%).
Article 6, General Conditions
Unless this offer is previously accepted, it will be withdrawn automatically at 5pm, 60 days from the date of issue.
Contract: These Contract Provisions and the accompanying Proposal constitute the full and complete Agreement between the parties and may be changed, amended, added to, superseded, or waived only if both parties specifically agree in writing to such amendment of ATTACHMENT 2
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10/4/2023 Job number 23372 3 of 5
the Agreement. In the event of any inconsistency between these Contract Provisions and any proposal, contract, purchase order, requisition, notice to proceed, or like document, these Contract Provisions shall govern.
Right of Entry: When entry to property is required for RGSE INC to perform its services, the CLIENT agrees to obtain legal right of entry on the property.
Documents: All reports, notes, drawings, specifications, data, calculations, and other documents, including those in electronic form, prepared by RGSE INC are instruments of RGSE INC’s service that shall remain RGSE INC's property. The CLIENT agrees not to use RGSE INC-generated documents for marketing purposes, for projects other than the project for which the documents were prepared by RGSE INC, or for future modifications to this project, without RGSE INC's express written permission. Any reuse or distribution to third parties without such express written permission or project-specific adaptation by RGSE INC will be at the CLIENT’s sole risk and without liability to RGSE INC or its employees, and contractors. CLIENT shall, to the fullest extent permitted by law, defend, indemnify, and hold harmless RGSE INC from and against any and all costs, expenses, fees, losses, claims, demands, liabilities, suits, actions, and damages whatsoever arising out of or resulting from such unauthorized use, reuse, transfer or modification.
Hazardous Materials: RGSE INC shall have no responsibility for the discovery, presence, handling, remediation, accidental release, removal or disposal of or exposure of persons to hazardous materials or toxic substances in any form at the Project site. In the event that RGSE INC or any other party encounters asbestos or hazardous or toxic materials at the job site, or should it become known in any way that certain materials may be present at the job site or any adjacent areas that may affect the performance of the RGSE INC’s services, RGSE INC may, at its option and without liability for consequential or any other damages, suspend performance of service on the Project until the CLIENT retains appropriate specialist consultant’s or contractor’s to identify, abate and/or remove the asbestos or hazardous or toxic material, and warrant that the job site is in full compliance with applicable laws and regulations.
Construction Phase Services: If RGSE INC performs any services during the construction phase of the project, RGSE INC shall not supervise, direct, or have control over Contractor’s work. RGSE INC shall not have authority over or responsibility for the construction means, methods, techniques, sequences or procedures or for safety precautions and programs in connection with the work of the Contractor. RGSE INC does not guarantee the performance of the construction contract by the Contractor and does not assume responsibility for the Contractor’s failure to furnish and perform its work in accordance with the Contract Documents.
Standard of Care: RGSE INC and its employees, contractors, and subcontractors will exercise that degree of care and skill ordinarily practiced under similar circumstances by professional engineers providing similar services. CLIENT agrees that services provided will be rendered without any warranty, express or implied. RGSE INC shall exercise usual and customary professional care in its efforts to comply with applicable codes, regulations, laws rules, ordinances, and such other requirements in effect as of the date of execution of this Agreement.
Opinion of Probable Costs: When required as part of its work, RGSE INC will furnish opinions of probable cost, but does not guarantee the accuracy of such estimates. Opinions of probable cost, financial evaluations, feasibility studies, economic analyses of alternate solutions, and utilitarian considerations of operations and maintenance costs prepared by RGSE INC hereunder will be made on the basis of RGSE INC's experience and qualifications and will represent RGSE INC's judgment as an experienced and qualified consultant. However, users of the probable cost opinions must recognize that RGSE INC does not have control over the cost of labor, material, equipment, or services furnished by others or over market conditions or contractors' methods of determining prices or performing the work.
Suspension of Work: The CLIENT may, at any time, by written notice, suspend further work by RGSE INC. The CLIENT shall remain liable for, and shall promptly pay RGSE INC for all services rendered to the date of suspension of services, plus suspension charges, which shall include the cost of assembling documents, personnel and equipment, rescheduling or reassignment, and commitments made to others on CLIENT's behalf. CLIENT shall pay RGSE INC pursuant to the rates and charges set forth in the Proposal. RGSE INC will submit monthly invoices to CLIENT for services rendered and expenses incurred. If the project is suspended for more than thirty (30) calendar days in the aggregate, RGSE INC shall be compensated for services performed and charges incurred prior to receipt of notice to suspend, and, upon resumption, an equitable adjustment in fees to accommodate the resulting demobilization and remobilization costs. In addition, there shall be an equitable adjustment in the project schedule based on the delay caused by the suspension. If the project is suspended for more than ninety (90) calendar days in the aggregate, RGSE INC may, at their option, terminate this Agreement upon giving notice in writing to Client. CLIENT agrees to waive any claim against RGSE INC, and to indemnify and hold harmless RGSE INC from any claim or liability resulting from such suspension. If Client fails to make payments when due or otherwise is in breach of this Agreement, RGSE INC may suspend performance of services upon five (5) calendar days’ notice to the Client. RGSE INC shall have no liability whatsoever to Client for any costs or damages as a result of such suspension caused by any breach of this Agreement by Client.
Liability: To the extent permitted by law, the total liability, in the aggregate, of Design Professional and Design Professional's officers, directors, members, partners, agents, employees, and sub-consultants, to Client, its subsidiary and/or affiliated companies and their respective officers, directors, employees, agents and anyone claiming by, through, or under Client, for any and all injuries, claims, losses, expenses, or damages whatsoever arising out of, resulting from or in any way related to RGSE INC's services, the Project or this Agreement, or any Addenda, from any cause or causes whatsoever, including but not limited to, negligence, strict liability, breach of express or implied contract or warranty shall not exceed: 10x the total engineering fee recorded in Article 4 of this contract which has been paid to RGSE INC for this project. The CLIENT shall not withhold amounts from RGSE INC’s compensation to impose a penalty or liquidated damages on RGSE INC, or to offset sums requested by or paid to contractors for the cost of changes in the Work unless RGSE INC agrees or has been found liable for the amounts in a binding dispute resolution proceeding.
Indemnification: RGSE INC agrees to indemnify and hold harmless the CLIENT, its officers, directors, partners, and employees from and against any damages, losses, liabilities, expenses, and costs (including reasonable attorneys' fees) arising out of the death or bodily injury to any person or destruction or damage to any property, to the extent caused by RGSE INC's negligent or wrongful acts, errors or omissions in the performance of professional services under this Agreement. Notwithstanding any language to the contrary in this Article, RGSE INC shall only be required to reimburse CLIENT for defense fees and costs including attorney’s fees, in proportion to RGSE INC’s proven acts of negligence and further, only to the extent such fees and costs were directly attributable to CLIENT’s defense of a suit based on RGSE INC’s actual negligence. In no event shall the indemnification obligation extend beyond the date when the institution of legal or equitable proceedings for professional negligence would be barred by any applicable statute of repose or statute of limitations. RGSE INC is not obligated to indemnify the CLIENT for the CLIENT's own negligence or willful misconduct. It is ATTACHMENT 2
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intended by the parties to this Agreement that Design Professional’s services in connection with the Project shall not subject RGSE INC’s individual employees, officers or directors to any personal legal exposure for the risks associated with the Project or this Agreement, or any Addenda. Therefore, and notwithstanding anything to the contrary contained herein, Client agrees that as Client's sole and exclusive remedy, any claim, demand or suit shall be directed and/or asserted only against RGSE INC’s, a California corporation, and not against any of Design Professional's individual employees, officers or directors.
Governing Law: The laws of the state in which RGSE INC office executing this Agreement is located shall govern the validity and interpretation of this Agreement.
Invalid Terms: In the event any of these Contract Provisions are found to be illegal or otherwise unenforceable, the unenforceable Contract Provision will be stricken. Striking such a Contract Provision shall have no effect on the enforceability of the remaining Contract Provisions and those remaining Contract Provisions shall continue in full force and effect as if the unenforceable Contract Provision were never included in the Agreement. Where a provision of the Prime Agreement is inconsistent with a provision of this Agreement, this Agreement shall govern.
Mediation: The CLIENT and RGSE INC agree to submit all claims and disputes arising out of this Agreement to non-binding mediation prior to the initiation of legal proceedings. This provision shall survive completion or termination of this Agreement; however, neither party shall seek mediation of any claim or dispute arising out of this Agreement beyond the period of time that would bar the initiation of legal proceedings to litigate such claim or dispute under the applicable law.
Certifications: RGSE INC shall not be required to sign any documents, no matter by whom requested, that would result in RGSE INC's having to certify, guaranty, or warrant the existence of conditions that RGSE INC cannot ascertain. There is no implied warranty as to the final construction.
Third Parties: Nothing contained in this Agreement shall create a contractual relationship with, or a cause of action in favor of, a third party against either the CLIENT or RGSE INC. RGSE INC’s services hereunder are being performed solely for the benefit of the CLIENT, and no other entity shall have any claim against RGSE INC because of this Agreement or RGSE INC’s performance of services hereunder.
Consequential Damages: Neither the CLIENT nor RGSE INC shall be liable to the other or shall make any claim for any incidental, indirect or consequential damages arising out of, or connected in any way to the Project or this Agreement. This mutual waiver includes, but is not limited to, damages related to loss of use, loss of profits, loss of income, loss of reputation, unrealized savings or diminution of property value and shall apply to any cause of action including negligence, strict liability, breach of contract and breach of warranty.
Transmission of agreement: Faxed or scanned and emailed signatures shall be treated as originals. Transmit the entire agreement, not just the signature page.
Additional Services: If the services covered by this Agreement have not been completed within thirteen months of the date of this Agreement, through no fault of RGSE INC, extension of the RGSE INC’s services beyond that time shall be compensated as Additional Services.
Privacy: The Engineer agrees that all knowledge and information not already considered within the public domain which the Engineer may acquire from the Owner by virtue of performing services hereunder, will be regarded as strictly confidential and held in confidence and shall not be disclosed to anyone without the Owner’s prior written consent to such disclosure.
Delay beyond reasonable control: Neither party shall be deemed in default of this agreement to the extent that any delay or failure in the performance of its obligations results from any cause beyond its reasonable control and without its negligence.
Deferred engineering: Should deferred engineering be used such as pre-fabricated trusses, pre-fabricated metal building, post tension foundation, or any other deferred element, be utilized and designed by an engineer retained and reimbursed by other than RGSE INC, said engineer shall be primarily responsible for this work. RGSE INC shall not be liable for negligent acts, errors or omissions made by CLIENT’S ENGINEER, or CLIENT’S CONTRACTOR ENGINEER, employee, including employee agents or sub-consultant, or anyone for whom CLIENT’S ENGINEER, or CLIENT’S CONTRACTOR ENGINEER is legally liable. CLIENT further agrees to waive any claim against RGSE INC, and to indemnify and hold harmless RGSE INC from any claim or liability arising from such errors or negligence arising from such deferred engineering.
Copies of documents: Copies of documents that may be relied upon by CLIENT are limited to the printed copies (also known as hard copies) that are signed and sealed by RGSE INC. Files in electronic media format or text, data, graphic or other types that are furnished by RGSE INC to CLIENT are only for convenience of CLIENT. Any conclusion or information obtained or derived from such electronic files will be at the user’s sole risk. When transferring documents in electronic media format, RGSE INC makes no representations as to long term compatibility, usability, or readability of documents resulting from the use of software application packages, operating systems or computer hardware differing from those in use by RGSE INC at the beginning of this assignment. The CLIENT agrees waive any claim against RGSE INC and to indemnify and hold harmless RGSE INC from any claim or liability resulting from parties unauthorized re-use of documents.
Contactor’s responsibility: It is understood that the contractor, not RGSE INC, is responsible for the construction of the project, and that RGSE INC is not responsible for the acts, errors or omissions of any contractor, sub-contractor or materials supplier; for safety precautions, programs or enforcement; or for construction means, methods, techniques, sequences and procedures employed by the contractor. CLIENT recognizes that the contractors CLIENT selects may commit errors, omissions, or other acts that lead to claims and that RGSE INC may be claimed against as well, because actual responsibility will not be determinable until discovery is complete.
Because some of RGSE INC’s employees may have to bear personal liability in such cases, a risk to which contractor’s employees are immune; because, historically, many contractors have declared bankruptcy or dissolved their business in order to escape liability, an action that significantly increases RGSE INC’s risk; and because CLIENT selects contractors, CLIENT agrees to reimburse RGSE INC for any settlement or judgment RGSE INC is required to pay beyond that amount which RGSE INCs extent of culpability otherwise would require.
Site observation: It is agreed that the professional services of RGSE INC do not extend to or include the review or site observation of the contractor’s work or performance unless specifically listed in Article 2. CLIENT further agrees to waive any claim against RGSE INC, and to defend, indemnify and hold harmless RGSE INC from any claim or liability arising or alleged to have arisen from Site observation. It is further agreed that the CLIENT will defend, indemnify and hold harmless RGSE INC from any claim or liability, arising from GENERAL CONTRACTOR’S performance, or failure of GENERAL CONTRACTOR’S work or alleged to have arisen from the ATTACHMENT 2
388
10/4/2023 Job number 23372 5 of 5
GENERAL CONTRACTOR’S performance or the failure of the GENERAL CONTRACTOR’S work to conform to the design intent and the contract documents. CLIENT is not obligated to indemnify RGSE INC for the RGSE INC'S own negligence. Observation differs from inspection in that “observation” is defined as “the act of viewing or noting something, for scientific or other special purpose”; inspection is defined as “an especially careful or critical viewing of something”.
RGSE INC reliance: RGSE INC shall indicate to the CLIENT the information needed for rendering of services hereunder. The CLIENT shall provide to RGSE INC such information as is available to the CLIENT and RGSE INC’s contractors, and RGSE INC shall be entitled to rely upon the accuracy and completeness thereof. The CLIENT recognizes that it is impossible for RGSE INC to assure the accuracy, completeness and sufficiency of such information either because it is impossible to verify, or because of errors or omissions which may have occurred in assembling the information the CLIENT is providing. Accordingly, the CLIENT agrees, to the fullest extent permitted by law, to indemnify and hold harmless RGSE INC, and RGSE INC’s employees and contractors from any claim, liability or cost (including reasonable attorneys’ fees and costs of defense) for injury or loss arising or allegedly arising from errors, omissions or inaccuracies in documents or other information provided by the CLIENT to the RGSE INC.
Relationship: This Agreement and the deliverables, obligations, and rights herein are intended for the sole use and benefit of the Parties and are not intended to create any third party rights or benefits. This Agreement and the design may not be transferred or assigned by either Party without written consent.
Maintenance: The Client agrees and understands that subsequent routine, periodic maintenance, maintenance inspections, and any other necessary repairs is required by the Client or Client selected contractor, sub-contractor, or other appropriate purpose entity for this Project. Further, the aforementioned requirements shall be a condition precedent for Client to subsequently assert a claim against Design Professional or Design Professional’s sub-consultants pertaining to the system or building element.
Respectfully submitted,
Ramon Garcia
President
Structural Engineer no.4595
I acknowledge having read this letter and the proposal contained therein, and agree to its terms and conditions. If this a contract with a corporation, estate or any other type of legal entity, I attest that I am an authorized to act on the behalf of the said organization. I hereby authorized you to commence work on this project.
John Huber
Marketing Director
Architerra Design Group
By:
Date:
Billing email:
ATTACHMENT 2
389
C122
Joihn Huber
Client Number:
Attention:
Scope of Work:
For the purpose of these images 3DIkon will use existing landscape, furniture, accessories, or props extracted from its own digital libraries. Custom designed items may be requested and are subject to additional negotiation.
Our Process:
Important Notes:
P R O P O S A L
Rendering services support to complete a total of TWO (2) daytime images of 2 different design layouts as per points of view to be determined by the client and as per scope extents provided on 10/11/2023 email (page 4 of "Addendum 1 - RFP Shalimar Park (Final).pdf").
Client Name:
Job Name :
3DIkon will provide a total of three iterations throughout the process:
▪ Iteration 1: Preliminary colored images with little or no landscape/furniture will be provided to approve colors and materials. (Please send redmarks collectively) ▪ Iteration 2: After client's approval of point 1, final colored images including landscape/furniture will be provided for final approval. (Please send final redmarks collectively) ▪ Final Delivery: Following client's approval of point 2, we will provide high resolution tiff or jpeg format files and the project will be considered complete. Final hi-res images max. print size shall be 11x17" (4000px at 300dpi).
Please note these stages represen t significant benchmarks in th e rendering process. Reversing process from this point may require additional nego tiation. 3DIkon will clearly notify the client when completing each stage and req uire approval to move forward.
Client shall make available in a timely manner:
▪ Full information regarding conditions and requirements of the project; ▪ Answers to requests for information and timely approval; Review for accuracy of basic design, specific site locations, coordination and compliance with requirements. ▪ If available, a complete set of CAD files (site plan, floor plans, elevations, sections, details, etc.).
Additional color/material information should be provided as process develops. ▪ ONLY the information provided up to 10/10/2023 was considered for this proposal. ▪ Revisions to the architecture and to the design exceeding the starting information and original scope or number of iterations proposed in this document shall be renegotiated or estimated by the hour at the current hourly rate.
▪ This quote is valid for 30 days.
Architerra Design Group
Ketchum Libolt Park Expansion
ATTACHMENT 2 390
C122
Joihn Huber
Client Number:
Attention:
P R O P O S A L
Client Name:
Job Name :
Architerra Design Group
Ketchum Libolt Park Expansion
PST
Budget type:
Qty. Price per item Subtotal
1. SD - Overall Aerial Daytime Image - per design option 2 $1,400.00 $2,800.00
2. SD - Eyelevel Daytime Image - per design option 2 $990.00 $1,980.00
3. CD - Overall Aerial Daytime Image - 70% growth 1 $1,000.00 $1,000.00
4. CD - Eyelevel Daytime Image - 70% growth 1 $800.00 $800.00
5. CD - Overall Aerial Daytime Image - 90% growth 1 $500.00 $500.00
6. CD - Eyelevel Daytime Image - 90% growth 1 $400.00 $400.00
7. CD - Overall Aerial Daytime Image - 100% growth 1 $500.00 $500.00
8. CD - Eyelevel Daytime Image - 100% growth 1 $400.00 $400.00 Possible Design Revisions (to be tracked by the hour) $45.00 hr Total : 10 images $8,380.00
(all amounts are represented in US Dollars)
Proposed Timeframe:
Estimated Delivery Time:
15 business days following receipt of all necessary information Business Development
Diego Gonzalez
7:00 PM
Proposed Basis & Fees: Closed Budget
ATTACHMENT 2 391
C122
Joihn Huber
Client Number:
Attention:
P R O P O S A L
Client Name:
Job Name :
Architerra Design Group
Ketchum Libolt Park Expansion
I accept this proposal of $___________________________, as of ______/_______/___________ Signature:
Name:
Please email a signed copy back to [email protected] Attention: Diego Gonzalez
ATTACHMENT 2 392
EXHIBIT D
CITY COUNCIL POLICY 100-5
ATTACHMENT 2
393
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
ATTACHMENT 2
394
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;
ATTACHMENT 2
395
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.
ATTACHMENT 2
396
CITY OF COSTA MESA
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 24-005 Meeting Date: 1/16/2024
TITLE:
AWARD OF THE LED LIGHTING INSTALLATION AT CITY PARKS AND ATHLETIC FACILITIES PROJECT, CITY PROJECT NO. 23-09
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 LED Lighting Installation at City Parks and Athletic Facilities Project, City Project No. 23-09.
2. Authorize the City Manager and City Clerk to execute a Public Works Agreement (PWA) in the amount of $759,700, and future contract amendments within City Council authorized limits to RMF Contracting, Inc., 1523 North Harmony Circle, Anaheim, California 92807.
3. Authorize a ten percent (10%) contingency in the amount of $75,970 for unforeseen construction and miscellaneous costs related to the project.
ENVIRONMENTAL DETERMINATION:
The proposed action is exempt from the California Environmental Quality Act (CEQA). The action involves an organizational or administrative activity of government that will not result in the direct or indirect physical change in the environment. In addition, the proposed action is exempt under Section 15301 relating to the operation, repair, maintenance, permitting, and/or minor alteration of existing public facilities.
BACKGROUND:
In 2022, State Senator David Min earmarked a landmark level of funding for multiple park improvement projects for the City of Costa Mesa in the amount of $10 million. City Council approved fund appropriations to upgrade the existing lighting at select parks and sports athletic facilities to Light Emitting Diode (LED) lighting. The funding for these projects has been allocated in the adopted Fiscal Year 2023-24 Capital Improvement Program (CIP) budget.
On September 19, 2023, the City Council authorized the use of Sourcewell’sCooperative Agreement
397
File #: 24-005 Meeting Date: 1/16/2024
On September 19, 2023, the City Council authorized the use of Sourcewell’sCooperative Agreement No. 041123-MSL with Musco Sports Lighting, LLC, for the purchase of Light Emitting Diode (LED) lighting equipment and material to retrofit aging facilities at multiple City park and athletic field locations.
The locations for the installation of these new lighting facilities include Jack Hammett Sports Complex, TeWinkle Athletic Complex, Costa Mesa Tennis Center, and Bark Park.
ANALYSIS:
Public Works staff advertised on October 5, 2023, for qualified bidders to perform the installation of the purchased Sourcewell LED lighting equipment. The City Clerk received and opened two (2) bids for this project on November 13, 2023. RMF Contracting, Inc., the apparent low-bidder, submitted a bid proposal in the amount of $759,700. The bid abstract reflecting the bid results is included as Attachment 1. The license and references of RMF Contracting were checked and found to be in good standing. Therefore, staff recommends that the City Council award the PWA (Attachment 2) to RMF Contracting as the low responsible bidder.
Following the City Council award of the PWA, RMF Contracting will furnish the necessary bonds and 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.
ALTERNATIVES:
The alternative to this Council action would be to reject all bids and rebid the project. Staff has determined that re-advertising and re-bidding the project will not result in lower bids and will delay the project.
FISCAL REVIEW:
Funding for the project is available from earmarked state funds received from the State Budget through State Senator David Min and from the approved Capital Improvement Program for the Tennis Center Improvements and the Park Security Lighting Replacement projects.
LEGAL REVIEW:
The City Attorney’sOffice has reviewed this agenda report, prepared the PWA, and approves them both 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
398
File #: 24-005 Meeting Date: 1/16/2024
CONCLUSION:
Staff recommends the City Council:
1. Adopt plans, specifications, and working details for the LED Lighting Installation at City Parks and Athletic Facilities Project, City Project No. 23-09.
2. Authorize the City Manager and City Clerk to execute a Public Works Agreement (PWA) in the amount of $759,700, and future contract amendments within City Council authorized limits to RMF Contracting, Inc., 1523 North Harmony Circle, Anaheim, California 92807.
3. Authorize a ten percent (10%) contingency in the amount of $75,970 for unforeseen construction and miscellaneous costs related to the project.
399
City
Anaheim
San Diego
AVERAGE BID:
LOWEST RESPONSIVE BID: $759,700.00
$766,850.00
Total Bid
$759,700.00
$774,000.00
Bidder
ATTACHMENT 1
CITY OF COSTA MESA
PUBLIC WORKS DEPARTMENT
LED LIGHTING INSTALLATION AT CITY PARKS AND ATHLETIC FACILITIES PROJECT CITY PROJECT NO. 23-09
BID OPENING DATE: NOVEMBER 13, 2023
ACE Electric, Inc.
RMF Contracting, Inc.
PAGE 1 OF 1
400
Project and Specification No. 23-09
1 RMF Contracting, Inc.
CITY OF COSTA MESA
PUBLIC WORKS AGREEMENT FOR
CITY PROJECT NO. 23-09
This PUBLIC WORKS AGREEMENT (“Agreement”) is date d January 16, 2024, and is between the CITY OF COSTA MESA, a municipal corporation (“CITY”) and RMF CONTRACTING, INC., dba R&M Electrical Contractor (“CONTRACTOR”).
WHEREAS, CITY desires to construct the public improvements described below under Paragraph 1, Scope of Work (the “Project”);
WHEREAS, CITY has determined that CONTRACTOR is the lowest responsible bidder;
WHEREAS, CITY now desires to contract with CONTRACTOR to furnish construction and related services for the Project; and
WHEREAS, CITY and CONTRACTOR desire to set forth their rights, duties and liabilities in connection with the services to be performed.
NOW, THEREFORE, for and in consideration of the covenants and conditions contained herein, the parties hereby agree as follows:
1. SCOPE OF WORK.
The scope of work generally consists of installing LED lights at various CITY parks and athletic facilities throughout the CITY (the “Work”).
The Work is further described in the “Contract Documents” referred to below.
The Project is known as the Athletic Facilities Project, City Project No. 23-09 (the “Project”).
2. CONTRACT DOCUMENTS.
The complete Agreement consists of the following documents relating to the Project:
(a) This Agreement;
(b) CONTRACTOR’s bid, attached hereto as Exhibit A and incorporated herein; (c) Bid package, including, but not limited to, notice inviting bids, complete plans, profiles, detailed drawings and specifications, general provisions and special provisions, attached hereto as Exhibit B and incorporated herein; ATTACHMENT 2
401
Project and Specification No. 23-09
2 RMF Contracting, Inc.
(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 for Public Works Construction (“The Greenbook”). Provisions of The Greenbook are incorporated by this reference as if fully set forth herein.
The documents comprising the complete Agreement will be referred to as the “Contract Documents.”
All of the Contract Documents are intended to complement one another, so that any Work called for in one and not mentioned in another is to be performed as if mentioned in all documents.
In the event of an inconsistency in the Contract Documents, the terms of this Agreement shall prevail over all other Contract Documents. The order of precedence between the remaining Contract Documents shall be as set forth in The Greenbook.
The Contract Documents constitute the entire agreement between the parties and supersede any and all other writings and oral negotiations.
3. CITY’S REPRESENTATIVE.
The CITY’s Representative is Robert Ryan, referred to herein as the Project Manager (“Project Manager”).
4. CONTRACTOR’S PROJECT MANAGER; PERSONNEL.
(a) Project Manager. CONTRACTOR’s Project Manager must be approved by CITY. Such approval shall be at CITY’s sole discretion.
(b) Personnel. CITY has the right to review and approve any personnel who are assigned to perform work under this Agreement. CONTRACTOR shall remove personnel from performing work under this Agreement if requested to do so by CITY.
This Paragraph 4 is a material provision of the Agreement.
5. SCHEDULE.
All Work shall be performed in accordance with the schedule approved on behalf of CITY by the Project Manager, and in accordance with the time of performance set forth in Paragraph 11 (Time of Performance).
ATTACHMENT 2
402
Project and Specification No. 23-09
3 RMF Contracting, Inc.
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 within Exhibit A. CONTRACTOR’s total compensation shall not exceed Seven Hundred Fifty-Nine Thousand Seven Hundred Dollars ($759,700.00).
8. ADDITIONAL SERVICES.
CONTRACTOR shall not receive compensation for any services provided outside the scope of the Contract Documents unless such additional services, including change orders, are approved in writing by CITY prior to CONTRACTOR performing the additional services.
It is specifically understood that oral requests or approvals of such additional services, change orders or additional compensation and any approvals from CITY shall be barred and are unenforceable.
9. PAYMENTS TO CONTRACTOR.
On or before the last Monday of each and every month during the performance of the Work, CONTRACTOR shall meet with the Project Manager or his or her designee to determine the quantity of pay items incorporated into the improvement during that month.
A “Progress Payment Order” will then be jointly prepared, approved, and signed by the Project Manager and the CONTRACTOR setting forth the amount to be paid and providing for a five percent (5%) retention. Upon approval of the progress payment order by the Project Manager, or his or her designee, it shall be submitted to CITY’s Finance Department and processed for payment by obtaining approval from the City Council to issue a warrant.
Within three (3) days following City Council’s approval to issue a warrant, CITY shall mail to CONTRACTOR a warrant for the amount specified in the progress payment order as the amount to be paid. The retained five percent (5%) shall be paid to CONTRACTOR thirty-five (35) days after the recording of the Notice of Completion of the Work by the CITY with the Orange County Clerk-Recorder and after CONTRACTOR has ATTACHMENT 2
403
Project and Specification No. 23-09
4 RMF Contracting, Inc.
furnished releases of all claims against CITY by persons who furnished labor or materials for the Work, if required by CITY.
Upon the request of CONTRACTOR and at its expense, securities equivalent to the amount withheld pursuant to the foregoing provisions may be presented to CITY for substitution for the retained funds. If CITY approves the form and amount of the offered securities it will release the retained 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 subcontractor’s work is satisfactorily completed.
Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of the CITY.
11. TIME OF PERFORMANCE.
CONTRACTOR shall commence Work by the date specified in CITY’s Notice to Proceed, unless a later date is agreed upon in writing by the parties. The Work shall be completed within forty 40 calendar days from the first day of commencement of the Work.
12. TERMINATION.
(a) Termination for Convenience. CITY may terminate this Agreement at any ATTACHMENT 2
404
Project and Specification No. 23-09
5 RMF Contracting, Inc.
time, with or without cause, by providing thirty (30) days’ written notice to CONTRACTOR.
(b) Termination for Breach of Contract.
(i) If CONTRACTOR refuses or fails to prosecute the Work or any severable part of it with such diligence as will ensure its timely completion, or if CONTRACTOR fails to complete the Work on time, or if CONTRACTOR, or any subcontractor, violates any of the provisions of the Contract Documents, the Project Manager may give written notice to CONTRACTOR and CONTRACTOR’s sureties of the CITY’s intention to terminate this Agreement; and, unless within five (5) days after the serving of that notice, such conduct shall cease and arrangements for the correction thereof be made to the satisfaction of the CITY, this Agreement may be terminated at the option of CITY effective upon CONTRACTOR’s receipt of a second notice sent by the CITY indicating that the CITY has exercised its option to terminate.
(ii) If CONTRACTOR is adjudged bankrupt or files for any relief under the Federal Bankruptcy Code or State insolvency laws, this Agreement shall automatically terminate without any further action or notice by CITY.
(iii) If CONTRACTOR is in breach of any material provision of this Agreement, CITY may immediately terminate this Agreement by providing written notice to CONTRACTOR of same.
13. LIQUIDATED DAMAGES.
In the event the 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 Ten Percent (10%) of the total bid price liquidated damages for each calendar day beyond the date provided for the completion of such work.
The parties hereto agree that the amount set forth above, as liquidated damages constitutes a fair and reasonable estimate of the costs the CITY would suffer for each day that the CONTRACTOR fails to meet the performance schedule. The parties hereby agree and acknowledge that the delays in the performance schedule will cause CITY to incur costs and expenses not contemplated by this Agreement.
14. PERFORMANCE BY SURETIES.
In the event CONTRACTOR fails or refuses to perform the Work, CITY may provide CONTRACTOR with a notice of intent to terminate as provided in Paragraph 12 ATTACHMENT 2
405
Project and Specification No. 23-09
6 RMF Contracting, Inc.
(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 CITY. In such event, CITY may, without liability for so doing, take possession of such materials, equipment, tools, appliances, Contract Documents and other property belonging to CONTRACTOR as may be on the site of the Work and reasonably necessary therefor and may use them to complete the Work.
15. DISPUTES PERTAINING TO PAYMENT FOR WORK.
Should any dispute arise respecting whether any delay is excusable, or its duration, or the value of the Work done, or of any Work omitted, or of any extra Work which CONTRACTOR may be required to do, or respecting any payment to CONTRACTOR during the performance of this Agreement, such dispute shall be decided by the Project Manager, and his or her decisions shall be final and binding upon CONTRACTOR and its sureties.
16. SUPERINTENDENCE BY CONTRACTOR.
At all times during performance of the Work, 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-SITE AUTHORIZATION.
CONTRACTOR warrants that it has examined the site of the Work and is familiar with its topography and condition, location of property lines, easements, building lines and other physical factors and limitations affecting the performance of this Agreement.
CONTRACTOR, at CONTRACTOR’s sole cost and expense, shall obtain any permission, ATTACHMENT 2
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and all approvals, licenses, or easements necessary for any operations conducted off the premises owned or controlled by CITY. CONTRACTOR shall be responsible for the proper care and protection of all materials delivered to the site or stored off-site and for the Work performed until completion and final inspection and acceptance by CITY. The risk, damage or destruction of materials delivered to the site or to Work performed shall be borne by CONTRACTOR.
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, 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.
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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’ 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 ATTACHMENT 2
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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.
CONTRACTOR shall obtain, maintain, and keep in full force and effect during the life of this Agreement all of the following minimum scope of insurance coverages with an insurance company admitted to do business in California, rated “A,” Class X, or better in the most recent Best’s Key Insurance Rating Guide, and approved by CITY:
(i) Commercial general 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 accident 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 volunteers arising from work performed by ATTACHMENT 2
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CONTRACTOR for the CITY and to require each of its subcontractors, if any, to do likewise under their workers’ compensation insurance policies.
(iv) Umbrella or excess liability insurance that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability, automobile liability, and employer’s liability. Such policy or policies shall include the following terms and conditions:
(1) A drop down feature requiring the policy to respond in the event that any primary insurance that would otherwise have applied proves to be uncollectable in whole or in part for any reason;
(2) Pay on behalf of wording as opposed to reimbursement; (3) Concurrency of effective dates with primary policies; (4) Policies shall “follow form” to underlying primary policies; and (5) Insureds under primary policies shall also be insureds under the umbrella or excess policies.
(b) Endorsements. The commercial general liability insurance policy and business automobile liability policy shall contain or be endorsed to contain the following provisions:
(i) Additional insureds: The City of Costa Mesa and its elected and appointed boards, officers, officials, agents, employees, and volunteers are additional insureds with respect to: liability arising out of activities performed by or on behalf of the CONTRACTOR pursuant to its contract with the City; products and completed operations of the CONTRACTOR; premises owned, occupied or used by the CONTRACTOR; automobiles owned, 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.
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(e) Deductible or Self-Insured Retention. If any of such policies provide for a deductible or self-insured retention to provide such coverage, the amount of such deductible or self-insured retention shall be approved in advance by CITY. No policy of insurance issued as to which the CITY is an additional insured shall contain a provision which requires that no insured except the named insured can satisfy any such deductible or self-insured retention.
(f) Proof of Insurance. Prior to commencement of the Work, CONTRACTOR shall furnish CITY, through the Project Manager, proof of compliance with the above insurance requirements in a form satisfactory to City’s Risk Management.
(g) Non-Limiting. Nothing in this Paragraph 21 shall be construed as limiting in any way, the indemnification provision contained in this Agreement, or the extent to which Consultant may be held responsible for payments of damages to persons or property.
22. PREVAILING WAGE REQUIREMENTS.
(a) Prevailing Wage Laws. CONTRACTOR is aware of the requirements of Chapter 1 (beginning at Section 1720 et seq.) of Part 7 of Division 2 of the California Labor Code, as well as Title 8, Section 16000 et seq. of the California Code of Regulations (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. This Project is a “public works” project and requires compliance with the Prevailing Wage Laws. CONTRACTOR shall defend, indemnify and hold the CITY, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
(b) Payment of Prevailing Wages. CONTRACTOR shall pay the prevailing wage rates for all work performed under this Agreement. When any craft or classification is omitted from the general prevailing wage determinations, CONTRACTOR shall pay the wage rate of the craft or classification most closely related to the omitted classification. A copy of the general prevailing wage rate determination is on file in the Office of the City Clerk and is incorporated into this Agreement as if fully set forth herein. CONTRACTOR shall post a copy of such wage rates at all times at the project site(s).
(c) Legal Working Day. In accordance with the provisions of Labor Code Section 1810 et seq., eight (8) hours is the legal working day. CONTRACTOR and any subcontractor(s) of CONTRACTOR shall comply with the provisions of the Labor Code regarding eight (8)-hour work day and 40-hour work week requirements, and overtime, Saturday, Sunday, and holiday work. Work performed by 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 ATTACHMENT 2
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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.
(f) Registration with California Department of Industrial Relations (“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-FREE WORKPLACE POLICY.
CONTRACTOR, upon notification of the award of this Agreement, shall establish a Drug-Free Awareness Program to inform employees of the dangers of drug abuse in the workplace, the penalties that may be imposed upon employees for drug abuse violations occurring in the workplace, and the employee assistance programs available to employees. Each employee engaged in the performance of a CITY contract must be notified of this Drug-Free Awareness Program, and must abide by its terms.
CONTRACTOR shall conform to all the requirements of CITY’s Policy No. 100-5, ATTACHMENT 2
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attached hereto in Exhibit D. Failure to establish a program, notify employees, or inform the CITY of a drug-related workplace conviction will constitute a material breach of contract and cause for immediate termination of the contract by the CITY.
25. NON–DISCRIMINATION.
In performing this Agreement, CONTRACTOR will not engage in, nor permit its agents to engage in, discrimination in employment of persons because of their race, religion, color, national origin, ancestry, physical handicap, medical condition, marital status or sex, or sexual orientation, except as permitted pursuant to Section 12940 of the Government Code. Violation of this provision may result in the imposition of penalties referred to in Section 1735 of the California Labor Code.
26. PROVISIONS CUMULATIVE.
The provisions of this Agreement are cumulative and in addition to, and not in limitation of, any other rights or remedies available to CITY.
27. NOTICES.
It shall be the duty and responsibility of CONTRACTOR to notify all tiers of subcontractors and material men of the following special notice provision; namely, all preliminary 20-day notices or stop notices shall be directed only to the City Clerk and to no other department, and shall be either personally delivered or sent by certified mail, postage prepaid.
All other notices shall be in writing and delivered in person or sent by certified mail, postage prepaid. Notices required to be given to CITY pursuant to this Agreement shall be addressed as follows:
City of Costa Mesa
77 Fair Drive
Costa Mesa, CA 92626
Attn: Seung Yang and Robert Ryan
Notices required to be given to CONTRACTOR shall be addressed as follows:
RMF Consulting, Inc.
1523 North Harmony Circle
Anaheim, CA 92807
Attn: Tom Taggart
Notices required to be given to CONTRACTOR’s sureties shall be addressed as follows:
Markel Insurance Company
10 Parkway North, Suite 100
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Deerfield, IL 60015
Attn: Adriana Valenzuela
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. PERS ELIGIBILITY INDEMNIFICATION.
In the event that CONTRACTOR or any employee, agent, or subcontractor of CONTRACTOR providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees’ Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the CITY, CONTRACTOR shall indemnify, defend, and hold harmless CITY for the payment of any employee and/or employer contributions for PERS benefits on behalf of CONTRACTOR or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of CITY.
Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, CONTRACTOR and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by CITY, including but not limited to eligibility to enroll in PERS as an employee of CITY and entitlement to 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. GOVERNING LAW.
This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any legal action relating to or arising out of this Agreement shall ATTACHMENT 2
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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 voluntary termination of this Agreement and this Agreement shall thereafter be deemed terminated and void.
34. WAIVER.
No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is sought referring expressly to this Paragraph. The waiver of any right or remedy in respect to any occurrence or event shall not be deemed a waiver of any right or remedy in respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver.
35. HEADINGS.
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. CONSTRUCTION.
The parties have participated jointly in the negotiation and drafting of this Agreement and have had an adequate opportunity to review each and every provision of the Agreement and submit the same to counsel or other consultants for review and comment. In the event an ambiguity or question of intent or interpretation arises with respect to this Agreement, this Agreement shall be construed as if drafted jointly by the parties and in accordance with its fair meaning. There shall be no presumption or burden of proof favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement.
37. COUNTERPARTS.
This Agreement may be executed in one or more counterparts by the parties ATTACHMENT 2
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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.
[Signatures appear on following page.]
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their respective authorized officers, as of the date first above written.
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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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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EXHIBIT B
BID PACKET
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N-1
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:
LED LIGHTING INSTALLATION AT CITY PARKS AND ATHLETIC FACILITIES PROJECT, CITY PROJECT NO. 23-09
1. BID SUBMISSION AND OPENING: Bids must be submitted electronically via the City of Costa Mesa’s PlanetBids portal before the deadline of 3:00 P.M., Thursday, November 9, 2023, 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 all labor, parts, materials, equipment, deliveries, setup, mobilization, etc., to fully install and operate City-furnished light-emitting diode (LED) lights at the following City parks and athletic facilities: Bark Park, Jack R.
Hammett Sports Complex, Costa Mesa Tennis Center, and the TeWinkle Park Athletic Complex.
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.
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: NONE.
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.
5. BID SECURITY: Each bidder must submit an original 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 was received by the City Clerk prior to the bid submission deadline. NO electronic bid securities through e-mail or other electronic means will be accepted.
6. CONTRACTOR’S LICENSE: A valid California Contractor's License Class “A” (General Engineering Contractor) 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.
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7. 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 wages, 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 Relations’ 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.
8. 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.
9. 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 orientation, 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.
10. 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 Rob Ryan, Maintenance Services Manager, Public Works Department, via e-mail at [email protected].
Brenda Green, City Clerk
City of Costa Mesa
Dated: October 5, 2023
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PROOF OF PUBLICATION
(2015.5 C.C.P.)
STATE OF CALIFORNIA
County of Orange
I am a citizen of the United States and a resident of the County aforesaid; I am over
the age of eighteen years, and not a party to or
interested in the act
ion for which the attached notice was published.
I am a principal clerk of the Newport Harbor News Press Combined With Daily Pilot, which was adjudged a newspaper of general circulation on June 19, 1952, Cases A24831 for the City of Newport Beach, County of Orange, and State of California. Attached to this Affidavit is a true and complete copy as was printed and published on the following date(s):
Oct 05, 2023
I certify (
or declare) under penalty of perjury that the foregoing is true and correct.
Dated at Fountain Valley, California
on this 12th day of October, 20
23. ____________________________________
[signat
ure]
10540 Talbert Avenue
Fountain Val
ley, CA 92708
7955070 - Newport Harbor News Press Combined With Daily Pilot
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Sold To:
Costa Mesa Public Services Department – CA91073802
77 Fair Drive 4th Floor
Costa Mesa, CA 92626
Bill To:
Costa Mesa Public Services Department – CA91073802
77 Fair Drive 4th Floor
Costa Mesa, CA 92626
7955070 - Newport Harbor News Press Combined With Daily Pilot
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CITY OF COSTA MESA
P.O. BOX 12000 77 FAIR DRIVE CALIFORNIA 92628·1200
FROM THE PUBLIC WORKS DEPARTMENT / ENGINEERING DIVISION DATE: NOVEMBER 7, 2023
TO: ALL PROSPECTIVE BIDDERS
SUBJECT: ADDENDUM NO. 1 –
LED LIGHTING AT CITY PARKS AND ATHLETIC FACILITIES PROJECT, CITY PROJECT NO. 23-09
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:
The following SHALL be amended to the Notice to Bidders, Proposal, Contract, and Special Provisions (i.e., bid project documents):
Change of Bid Opening date and time: On page N-1 in the NOTICE INVITING BIDS, under BID SUBMISSION AND OPENING , the first sentence, Point #1, shall now read: “Bids must be submitted electronically via the City of Costa Mesa’s PlanetBids portal before the deadline of 3:00 P.M., Monday, November 13, 2023, at which time or shortly thereafter the City Clerk will open bids electronically.” The following shall serve as a REMINDER of the following, as noted on page N-1 in the NOTICE INVITING BIDS, Point #5, BID SECURITY:
Each bidder must submit an original 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 was received by the City Clerk prior to the bid submission deadline. NO electronic bid securities through e-mail or other electronic means will be accepted.
The following are additional documents / plans related to the Jack Hammett Sports Complex LED lighting. See attached.
ATTACHMENT 2
441
Bid Addendum No. 1
Project and Specifications / Bid Contract Documents No. 23-09
The following are Question and Answer (Q&A) responses to bidder questions:
1. Question: On this project for one of the sites (Tewinkle Park tennis) scope of work is to install new poles, is the contractor responsible for providing the poles or will Musco be providing the poles? Please clarify.
Answer: Yes, Musco will be providing the poles.
2. Question: Are the existing poles and foundations to be demolished and disposed of? If so, please specify quantity and if demolition of existing foundations 2’ below grade will be acceptable.
Answer: Yes, existing poles will need to be demolished and disposed of. Musco will be providing a new pre-cast pier footing foundation with new poles. The design will be based on standard soil conditions.
3. Question: Please provide geotechnical report and foundation design for the new poles.
Answer: None available.
4. Question: Is the existing underground conduit and wiring to be reused for new poles? If so, please provide electrical infrastructure as-builts. If new electrical infrastructure is required does the prime contractor need to board electrical engineering?
Answer: The existing underground conduit and wiring is to be used.
5. Question: Is the existing switchgear and service to be reused? Answer: The existing switchgear and service is to be reused.
6. Question: Will tennis court resurfacing be required? Answer: Yes, the contractor shall be responsible for repairing and surfacing that gets damaged.
The contents of this bid addendum shall have precedence over all related provisions within the contract documents. It is the intent of the City of Costa Mesa to clarify the above-referenced items to all bidders.
Should it be necessary to request clarification on these matters, please send your request via e-mail at [email protected].
Please acknowledge receipt of this bid addendum by signing on page “P-4” of the proposal within the bid contract documents AND by filling out and signing within the rectangle on the first page of this bid addendum and e-mailing it to [email protected].
Sincerely,
Seung Yang, P.E.
City Engineer
SY: Attachments
ATTACHMENT 2
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ATTACHMENT 2
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ATTACHMENT 2
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ATTACHMENT 2
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ATTACHMENT 2
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ATTACHMENT 2
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ATTACHMENT 2
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System Requirements: Control System Summary
Preliminary Plans:
Confirm all details - see Note 1
Project Name: Jack Hammett Sports Complex LED Retrofit | Project #: 224349 Control System ID: 1 of 1
Distribution Panel Location/ID: Soccer
Project Information
Control System
Control
System ID: 1 of 1
Control System Type: Control-Link ® Control and Monitoring System
Communication Type: PowerLine-ST
Power Requirements
Control cabinet(s):
Control voltage (phase to neutral) 120/60
VA loading - Inrush 7646.0
VA loading - Sealed 877.0
Lighting Circuits:
Voltage/Hertz/Phase 480/60/3
Project Notes:
Equipment Listing
Description Qty Size (in)
Control and monitoring cabinet -
primary
1 24 X 72
Control and monitoring cabinet -
primary
1 24 X 48
Control and monitoring cabinet -
secondar
y
1 24 X 72
Contactors, 30 amperes 28 -
Off/On/Auto switches 8 -
Importan
t Notes:
1. Please confirm that the lighting circuit voltage listed above is accurate for this facility. This is the voltage/phase being connected and utilized at each lighting pole's electrical components enclosure disconnect. Inaccurate voltage/phase can result in additional costs and delays. Contact your Musco sales representative to confirm this item.
2. In a 3 phase design, all 3 phases are to be run to each pole location. Musco's single phase luminaires come pre-wired to utilize all 3 phases across the entire facility.
3. One contactor is required for each circuit at each pole location. Contactors are 3 pole and 100% rated for the published continuous load.
4. If the lighting system will be fed from more than one distribution location, additional equipment may be required. Contact your Musco sales representative.
5. Size overcurrent devices using the full load amps column of the Circuit Summary by Switch chart (Minimum power factor is
0.9). Size conduit per code unless otherwise specified as larger to allow for harness connectors.
6. Avoid use of in-ground junction/pull boxes when possible. If used, all wire connectors must be UL listed for Wet Locations to prevent leakage current.
7. Control power wiring must be in separate conduit from line or load power wiring. Communication cables must be in separate conduit from any power wiring.
8. Refer to Installation Instructions for more details on equipment information and the installation requirements.
Sales Representative: Karin Anderson | Project Engineer: Daniel Lohman | Scan: 224349C | Document ID: 224349P1V2C2-1012164026 www.musco.com | [email protected]
ATTACHMENT 2
455
System Requirements: Control System Summary
Project Name: Jack Hammett Sports Complex LED Retrofit | Project #: 224349 Control
System ID: 1 of 1
Distribution Panel Location/ID: Soccer
Equipment Layout and Connection Details
Connection Details
ID Description
1a Line power to contactors, and equipment grounding conductor. Requires one circuit
per contactor, size wiring per load and voltage drop.
1b Load power from contactors, and equipment grounding conductor. Requires one circ
uit per contactor, size wiring per load and voltage drop. 2a Control power with equipment ground to control cabinet. Requires dedicated 20 A c
ircuit. Provide transformer if control voltage not present. 3a Control harnesses - Secondary cabinet to primary cabinet. Harness is provided by Musco
in 8-foot length. Use minimum 2 inch diameter conduit for harness connector.
Equipment
ID Description
1 Control and monitoring cabinet -
primary
2 Control and monitoring cabinet -
secondar
y
Sales Representative: Karin Anderson | Project Engineer: Daniel Lohman | Scan: 224349C | Document ID: 224349P1V2C2-1012164026 www.musco.com | [email protected]
ATTACHMENT 2
456
System Requirements: Control System Summary
Project Name: Jack Hammett Sports Complex LED Retrofit | Project #: 224349 Control
System ID: 1 of 1
Distribution Panel Location/ID: Soccer
Circuit Summary
Switching Schedule
Field/Switch Description Switches
Soccer 1 1
Soccer 2 2
Soccer 3 3,4
Soccer 3 North 3
Soccer 3 South 4
Soccer 4 5,6
Soccer 4 North 5
Soccer 4 South 6
Soccer 5 7
Soccer 6 8
Control
Module ID: 1 Lighting Circuit Voltage: 480/60/3
Circuit Summary by Switch
Switch Zone Description Pole ID Qty of
Fixtur
es
Full load
ampere
s
Contactor
Size (
Amps)
Cabinet # Contactor
ID
1 Soccer 1 A1 3 6.29 30 1 C1
Soccer 1 A2 4 8.24 30 1 C2
Soccer 1 B1 4 9.43 30 1 C3
Soccer 1 C1 3 6.29 30 1 C4
Soccer 1 C2 4 8.24 30 1 C5
Soccer 1 D1 4 9.43 30 1 C6
2 Soccer 2 A3 4 8.24 30 1 C7
Soccer 2 A5 3 6.29 30 1 C8
Soccer 2 B2 4 9.43 30 1 C9
Soccer 2 C1 3 6.29 30 1 C10
Soccer 2 C2 4 8.24 30 1 C11
Soccer 2 D1 4 9.43 30 1 C12
3 Soccer 3 North S1 4 7.15 30 2 C13
Soccer 3 North S3 4 7.15 30 2 C14
4 Soccer 3 South S2 4 7.15 30 2 C15
Soccer 3 South S4 4 7.15 30 2 C16
5 Soccer 4 North S3 4 7.15 30 2 C17
Soccer 4 North S5 4 7.15 30 2 C18
6 Soccer 4 South S4 4 7.15 30 2 C19
Sales Representative: Karin Anderson | Project Engineer: Daniel Lohman | Scan: 224349C | Document ID: 224349P1V2C2-1012164026 www.musco.com | [email protected]
ATTACHMENT 2
457
System Requirements: Control System Summary
Project Name: Jack Hammett Sports Complex LED Retrofit | Project #: 224349 Control
System ID: 1 of 1
Distribution Panel Location/ID: Soccer
Circuit Summary - Cont'd
Control Module ID: 1 Lighting Circuit Voltage: 480/60/3 Circuit Summary by Switch
Switch Zone Description Pole ID Qty of
Fixtur
es
Full load
ampere
s
Contactor
Size (
Amps)
Cabinet # Contactor
ID
Soccer 4 South S6 4 7.15 30 2 C20
7 Soccer 5 S7 4 5.87 30 2 C21
Soccer 5 S8 4 5.87 30 2 C22
Soccer 5 S10 4 5.87 30 2 C23
Soccer 5 S11 4 5.87 30 2 C24
Control Module ID: 2 Lighting Circuit Voltage: 480/60/3 Circuit Summary by Switch
Switch Zone Description Pole ID Qty of
Fixtur
es
Full load
ampere
s
Contactor
Size (
Amps)
Cabinet # Contactor
ID
8 Soccer 6 S8 4 5.87 30 3 C25
Soccer 6 S9 4 5.87 30 3 C26
Soccer 6 S11 4 5.87 30 3 C27
Soccer 6 S12 4 5.87 30 3 C28
Sales Representative: Karin Anderson | Project Engineer: Daniel Lohman | Scan: 224349C | Document ID: 224349P1V2C2-1012164026 www.musco.com | [email protected]
ATTACHMENT 2
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CITY OF COSTA MESA
P.O. BOX 12000 77 FAIR DRIVE CALIFORNIA 92628·1200
FROM THE PUBLIC WORKS DEPARTMENT / ENGINEERING DIVISION DATE: NOVEMBER 8, 2023
TO: ALL PROSPECTIVE BIDDERS
SUBJECT: ADDENDUM NO. 2 –
LED LIGHTING AT CITY PARKS AND ATHLETIC FACILITIES PROJECT, CITY PROJECT NO. 23-09
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:
The following are additional documents / plans related to the Jack Hammett Sports Complex LED lighting – TeWinkle Tennis Center pole foundation structural calculations (see attached, starting on page 3). Bill of Materials for the following:
Jack Hammett Sports Complex (see attached, starting on page 28) TeWinkle Bark Park (see attached, starting on page 29) TeWinkle Baseball Field (see attached, starting on page 30) TeWinkle Tennis Center (see attached, starting on page 31) ATTACHMENT 2
459
Bid Addendum No. 2
Project and Specifications / Bid Contract Documents No. 23-09
The contents of this bid addendum shall have precedence over all related provisions within the contract documents. It is the intent of the City of Costa Mesa to clarify the above-referenced items to all bidders.
Should it be necessary to request clarification on these matters, please send your request via e-mail at [email protected].
Please acknowledge receipt of this bid addendum by signing on page “P-4” of the proposal within the bid contract documents AND by filling out and signing within the rectangle on the first page of this bid addendum and e-mailing it to [email protected].
Sincerely,
Seung Yang, P.E.
City Engineer
SY: Attachments
ATTACHMENT 2
460
MUSCO LIGHTING, INC.
Light Structure Pole and Foundation Standard
This confidential report is provided exclusively for the use of engineering approval.
The technical information provided herein is the confidential property of Musco Lighting, Inc., and reproduction of this report or use of this information for anything other than its limited, intended purpose as to this project, without the written permission of Musco Lighting, Inc., is prohibited.
ITEM : Structural Calculations
Pole Foundation Standard
PROJECT : Tewinkle Park Tennis
Costa Mesa, CA
PROJECT NO : 215837
463.358
DATE : 11/7/2023
ENGINEER :
JOSH RANDALL, SE No. 4506
9931 Muirlands Blvd
Irvine, CA 92618
ATTACHMENT 2
461
MUSCO LIGHTING, INC.
Light Structure Pole and Foundation Standard
Calculation Index
CONTENTS:
Page Item
1-2 LSS50-A (w/ 2 Fixtures) -Wind Analysis
3-4 LSS50-A (w/ 2 Fixtures) -Seismic Analysis
5-9 Precast Base by Rinker
10-11 LSS50-AB (w/ 8 Fixtures) -Wind Analysis
12-13 LSS50-AB (w/ 8 Fixtures) -Seismic Analysis
14-18 Precast Base by Rinker
19 Foundation Check
APPENDIX A Wind & Seismic Parameters
CODE REFERENCE:
2022 CBC
ACI 318-19
Building Code Requirements for Structural Concrete
AISC 360-16
Specifications for Structural Steel Buildings
ATTACHMENT 2
462
11/7/2023 LS50-A Wind#REF!
POLE DESIGNATION: LS50-A W/ 2 FIXTURES JOB NO: 463.358 MANUFACTURER: MUSCO PROJECT: Tewinkle Park Tennis PROJECT NO: 215837 LOCATION: Costa Mesa, CA
ASCE 7-16 POLE ID: T1, T4, T8, T9, T11, T14
WIND CRITERIA 95 MPH,EXP C | P = SUPERIMPOSED WT + POLE WT LOAD COMB 1.2 DEAD + 1.0 WIND v
^ |||a <-- <--FIXTURES, F/Af= qz*Gf*Cf = 30.97 PSF MAX (29.4-1) LED 550 | |v| <-- <--where qz=.00256*Kz*Kzt*Kd*Ke(V)2 = 25.36 PSF MAX (26.10-1) EPA/FIXTURE*, Af = 1.70 ft2 | ||| <-- <---
D.L./FIXTURE** = 50.5 lbs | |v| <-- ATTACHMENT NUMBER DIST. FROM PA Cf EPA Kz qz WIND,F WEIGHT,P D.L. ECE/FIXTURE*** = 10.0 lbs | ||| <-- TYPE TOP POLE,FT SQ FT SQ FT PSF LBS LBS * EPA = EFFECTIVE PROJECTED AREA OF LIGHT FIXTURE | |v| <-- LED550 2.0 0.5 1.0 1.70 1.095 25.31 105 101 INCLUDING CROSSARM, PER MUSCO ||| <-- 0.0 3.0 1.3 1.70 1.084 25.04 0 0 ** D.L.= DEAD LOAD OF FIXTURE, & l |v| <-- 0.0 5.5 1.3 1.70 1.072 24.76 0 0 CROSSARM, PER MUSCO ||| <-- 0.0 8.0 1.3 1.70 1.059 24.47 0 0 ***D.L.= DEAD LOAD OF ECE, | |v| <-- 0.0 10.5 1.3 1.70 1.046 24.16 0 0 PER MUSCO | ||| <-- 0.0 13.0 1.3 1.70 1.032 23.83 0 0 | |v| <-- 0.0 15.5 1.3 1.70 1.017 23.49 0 0
| ||| <-- 0.0 18.0 1.3 1.70 1.001 23.13 0 0
| |v| <-- 0.0 20.5 1.3 1.70 0.985 22.75 0 0
| ||| <-- 0.0 23.0 1.3 1.70 0.967 22.34 0 0
| |v| <-- ECE 2.0 39.2 4.00 1.3 5.20 0.849 19.61 125 20 v | |b <-- TOTALS = 230 121
POLE, F/Af= qz*Gf*Cf = 37.17 PSF MAX (29.4-1)
where qz=.00256*Kz*Kzt*Kd*Ke(V)2 = 25.36 PSF MAX (26.10-1)
LOADING DIAGRAM
INPUT
-> l = 50.87 ft. (ht. from adj. grade)
-> l = 50.87 ft. (ht. from grade)
->tA = 0.12 in. (pole thk. @ top)
->dA = 4.75 in. (pole diam. @ top)
->dB = 9.44 in. (pole diam. @ btm)
->tB = 0.12 in. (pole thk. @ btm)
->Fy = 38.0 ksi (fixt mount sect. = 15.0 ft)
->Fy = 55.0 ksi (other pole sect.)
-> E = 29,000 ksi
->Kzt= 1 (Figure 26.8-1)
->Kd = 1 (Table 26.6-1)
-> Kz = 1.098 MAX-EXP C @ 50.9 FT. (Table 26.10-1)
->Ke = 1.00 (Table 26.9-1)
-> Cf = 1.00 LIGHT FIXTURE (INCLUDED IN EPA)
-> Cf = 1.200 MAX (VARIES 0.5-1.2 FOR RND POLE) (Figure 29.4-1) POLE DAMPING, beta= 0.025 Per Musco test
OUTPUT
-> POLE NATURAL FREQUENCY = 0.593 Hz 1/(2PI*(DELTA/386)^0.5) where DELTA is due to self weight Section 26.11.5 Gust-Effect Factor -> Gf= 1.22 (Section 26.11.5) (Reference Vibration Problems in Engineering by Timoshenko, 4th ED. pg.34) constant epsilon,e = 0.2 Lz = 492.3 Pole Properties: constant l = 500 N1 = 3.259
Ia = 4.68 in4 taper = 0.140 in/ft Vz = 89.49 Rn = 0.066 Ib = 38 in4 db/da = 1.987 4.6n1h/Vz = 1.549
ra = 1.638 in rb = 3.295 in. 4.6n1B/Vz = 0.018 R = 1.072 Aa = 1.745 in2 Ab = 3.51 in2 15.4n1L/Vz = 0.060 gR = 4.063 Sa = 1.97 in3 Sb = 8.08 in3 c = 0.200
From Critical Buckling Loads of Tapered Columns, ASCE 2/62: Rh = 0.447 Iz = 0.203 n = Log (Ib/(Ia)/Log (dB/dA) = 3.06 RB = 0.988 Q = 0.932 P* = (Ib/Ia)/(Ib/Ia)^.333 = 4.1 RL = 0.961 G = 0.891
kl/req* (1/(P*)^.5)[kl/ra] = 389 (where k= 2.1) Gf = 1.221 AISC 360-16 Specification Table B4.1, Case 15
for Fy = 55.0 KSI 38 KSI
D/t < .45E/Fy = 237 343 (MAX) SHEAR,F= 0.540 KIPS MOMENT, M = 15.29 K-FT e= M/F = 28.30 FT AXIAL,P = 0.560 KIPS ASD Forces at groundline (for foundation design) D/t < .31E/Fy = 163 237 Noncompact SHEAR,F= 0.900 KIPS MOMENT, M = 25.48 K-FT e= M/F = 28.30 FT AXIAL,P = 0.672 KIPS Nominal Forces at groundline D/t < .07E/Fy = 37 53 Compact M < ΦMn = 42 K-FT Precast Base O.K.
D/t < .11E/Fy = 58 84 Slender element Section for Uniform Compression Pole Stress Check = 0.660 Max. < 1 Pole O.K.
Max. Deflection = 45.676 Inch <0.10H= 61 Inch AASHTO 10.4.2 Page
1 ATTACHMENT 2
463
11/7/2023 LS50-A Wind
Distance Outside E3-4 E3-2 or E3-3 F8.1-F8.4 H1-1b H1-1a 2nd Order 1st Order C2.2a Total E7-19 from top Diameter Pole Cf Design comp Acting Design flex. Req'd flex. for for /1st Order Req'd shear Delta P-Delta 2nd Order ACTING DEFL of Pole of Pole,D thick,t D/t Kz qz Pole kl/r Fe strength, Pn unfactored, Pr strength, Mn strength, Mr Pr/Pc Pr/Pc <0.2 Pr/Pc ≥ 0.2 Moment CSR strength,, F Moment Moment Q MOM DUE M/I DUE TO DL FT IN IN PSF eqiv. KIPS KIPS K-FT K-FT FT-K O.K. KIPS IN FT-K FT-K TO DL IN
0 4.75 0.120 39.6 1.098 25.36 1.2 389 1.89 2.61 0.000 7.89 0.0 0.000 0.000 N.A. 1.000 Y 0.000 45.7 0.0 0.0 1.3993 0.00 0.0003 27.85 1 4.75 0.120 39.6 1.093 25.26 1.2 389 1.89 2.61 0.107 7.89 0.1 0.049 0.034 N.A. 1.280 Y 0.120 44.1 0.0 0.1 1.3993 0.00 0.0124 26.87 2 4.75 0.120 39.6 1.089 25.15 1.2 389 1.89 2.61 0.113 7.89 0.2 0.052 0.054 N.A. 1.185 Y 0.134 42.5 0.0 0.2 1.3993 0.11 0.0365 25.90 3 4.75 0.120 39.6 1.084 25.04 1.2 389 1.89 2.61 0.119 7.89 0.3 0.055 0.076 N.A. 1.162 Y 0.149 41.0 0.1 0.4 1.3993 0.23 0.0619 24.92 4 4.75 0.120 39.6 1.079 24.93 1.2 389 1.89 2.61 0.125 7.89 0.5 0.057 0.099 N.A. 1.150 Y 0.163 39.4 0.1 0.6 1.3993 0.35 0.0885 23.95 5 4.75 0.120 39.6 1.074 24.82 1.2 389 1.89 2.61 0.131 7.89 0.7 0.060 0.125 N.A. 1.142 Y 0.178 37.9 0.1 0.7 1.3993 0.48 0.1165 22.98 6 4.75 0.120 39.6 1.069 24.70 1.2 389 1.89 2.61 0.137 7.89 0.8 0.063 0.152 N.A. 1.136 Y 0.192 36.3 0.1 1.0 1.3993 0.61 0.1457 22.02 7 4.75 0.120 39.6 1.064 24.58 1.2 389 1.89 2.61 0.143 7.89 1.0 0.066 0.182 N.A. 1.131 Y 0.206 34.8 0.1 1.2 1.3993 0.75 0.1761 21.06 8 4.75 0.120 39.6 1.059 24.47 1.2 389 1.89 2.61 0.149 7.89 1.3 0.068 0.213 N.A. 1.127 Y 0.220 33.2 0.2 1.4 1.3993 0.90 0.2079 20.12 9 4.75 0.120 39.6 1.054 24.34 1.2 389 1.89 2.61 0.154 7.89 1.5 0.071 0.246 N.A. 1.123 Y 0.235 31.7 0.2 1.7 1.3993 1.05 0.2409 19.19 10 4.75 0.120 39.6 1.048 24.22 1.2 389 1.89 2.61 0.160 7.89 1.7 0.074 0.281 N.A. 1.119 Y 0.249 30.3 0.2 1.9 1.3993 1.21 0.2751 18.27 11 4.75 0.120 39.6 1.043 24.09 1.2 389 1.89 2.61 0.166 7.89 2.0 0.077 0.318 N.A. 1.116 Y 0.263 28.8 0.2 2.2 1.3993 1.37 0.3107 17.36 12 4.75 0.120 39.6 1.037 23.97 1.2 389 1.89 2.61 0.172 7.89 2.2 0.079 0.357 N.A. 1.113 Y 0.277 27.3 0.3 2.5 1.3993 1.54 0.3475 16.48 13 4.75 0.120 39.6 1.032 23.83 1.2 389 1.89 2.61 0.178 7.89 2.5 0.082 0.397 N.A. 1.111 Y 0.290 25.9 0.3 2.8 1.3993 1.71 0.3855 15.61 14 4.75 0.120 39.6 1.026 23.70 1.2 389 1.89 2.61 0.184 7.89 2.8 0.085 0.439 N.A. 1.108 Y 0.304 24.6 0.3 3.1 1.3993 1.90 0.4124 14.76 15 4.84 0.120 40.3 1.020 23.56 1.2 389 1.89 2.66 0.191 10.77 3.1 0.086 0.365 N.A. 1.106 Y 0.318 23.2 0.3 3.5 1.1634 2.08 0.4202 13.94 16 4.98 0.120 41.5 1.014 23.42 1.2 389 1.89 2.74 0.197 11.36 3.5 0.086 0.380 N.A. 1.103 Y 0.332 21.9 0.4 3.8 1.1495 2.28 0.4203 13.14 17 5.12 0.120 42.7 1.008 23.28 1.2 389 1.89 2.81 0.204 11.96 3.8 0.087 0.393 N.A. 1.101 Y 0.346 20.6 0.4 4.2 1.1363 2.48 0.4196 12.37 18 5.26 0.120 43.8 1.001 23.13 1.2 389 1.89 2.89 0.210 12.58 4.2 0.087 0.406 N.A. 1.098 Y 0.361 19.4 0.4 4.6 1.1238 2.68 0.4182 11.63 19 5.4 0.120 45.0 0.995 22.98 1.2 389 1.89 2.97 0.217 13.21 4.5 0.088 0.419 N.A. 1.096 Y 0.376 18.2 0.4 5.0 1.1119 2.90 0.4163 10.90 20 5.54 0.120 46.2 0.988 22.83 1.2 389 1.89 3.05 0.224 13.86 4.9 0.088 0.431 N.A. 1.094 Y 0.391 17.1 0.5 5.4 1.1007 3.12 0.414 10.21 21 5.68 0.120 47.3 0.981 22.67 1.2 389 1.89 3.13 0.232 14.52 5.3 0.089 0.443 N.A. 1.092 Y 0.407 15.9 0.5 5.8 1.09 3.35 0.4115 9.54 22 5.82 0.120 48.5 0.974 22.51 1.2 389 1.89 3.21 0.239 15.20 5.7 0.089 0.455 N.A. 1.089 Y 0.423 14.9 0.5 6.2 1.0798 3.58 0.4086 8.89 23 5.96 0.120 49.7 0.967 22.34 1.2 389 1.89 3.29 0.247 15.90 6.2 0.090 0.466 N.A. 1.087 Y 0.439 13.8 0.5 6.7 1.0701 3.82 0.4057 8.26 24 6.1 0.120 50.8 0.960 22.17 1.2 389 1.89 3.37 0.255 16.60 6.6 0.091 0.477 N.A. 1.085 Y 0.455 12.8 0.6 7.2 1.0608 4.07 0.4025 7.67 25 6.24 0.120 52.0 0.952 22.00 1.2 389 1.89 3.45 0.263 17.33 7.1 0.092 0.487 N.A. 1.083 Y 0.471 11.9 0.6 7.7 1.052 4.33 0.3994 7.09 26 6.38 0.120 53.2 0.944 21.82 1.2 389 1.89 3.52 0.271 18.07 7.5 0.092 0.497 N.A. 1.081 Y 0.488 11.0 0.6 8.2 1.0435 4.60 0.3961 6.54 27 6.52 0.120 54.3 0.936 21.63 0.7 389 1.89 3.60 0.279 18.82 8.0 0.093 0.507 N.A. 1.079 Y 0.498 10.1 0.6 8.7 1.0354 4.87 0.3928 6.01 28 6.66 0.120 55.5 0.928 21.43 0.7 389 1.89 3.68 0.288 19.59 8.5 0.094 0.516 N.A. 1.078 Y 0.508 9.2 0.7 9.2 1.0277 5.16 0.3895 5.51 29 6.8 0.120 56.7 0.919 21.23 0.7 389 1.89 3.76 0.297 20.38 9.1 0.095 0.525 N.A. 1.076 Y 0.518 8.4 0.7 9.7 1.0202 5.45 0.3863 5.03 30 6.94 0.120 57.8 0.910 21.02 0.7 389 1.89 3.84 0.306 21.18 9.6 0.096 0.533 N.A. 1.074 Y 0.529 7.7 0.7 10.3 1.0131 5.75 0.383 4.57 31 7.08 0.120 59.0 0.901 20.81 0.7 389 1.89 3.92 0.315 21.99 10.1 0.096 0.541 N.A. 1.072 Y 0.539 6.9 0.7 10.8 1.0063 6.06 0.3798 4.14 32 7.22 0.120 60.2 0.891 20.58 0.7 389 1.89 4.00 0.324 22.83 10.7 0.097 0.548 N.A. 1.071 Y 0.550 6.2 0.8 11.4 0.9997 6.38 0.3766 3.73 33 7.36 0.120 61.3 0.881 20.35 0.7 389 1.89 4.08 0.333 23.67 11.2 0.098 0.555 N.A. 1.069 Y 0.560 5.6 0.8 12.0 0.9933 6.71 0.3735 3.34 34 7.5 0.120 62.5 0.870 20.10 0.7 389 1.89 4.15 0.343 24.53 11.8 0.099 0.562 N.A. 1.068 Y 0.571 5.0 0.8 12.6 0.9872 7.05 0.3705 2.97 35 7.64 0.120 63.7 0.859 19.85 0.7 389 1.89 4.23 0.353 25.41 12.4 0.100 0.568 N.A. 1.066 Y 0.582 4.4 0.8 13.2 0.9814 7.40 0.3675 2.63 36 7.78 0.120 64.8 0.849 19.61 0.7 389 1.89 4.31 0.363 26.30 12.9 0.101 0.574 N.A. 1.065 Y 0.592 3.9 0.8 13.8 0.9757 7.75 0.3645 2.30 37 7.92 0.120 66.0 0.849 19.61 0.7 389 1.89 4.39 0.373 27.21 13.5 0.102 0.580 N.A. 1.063 Y 0.603 3.4 0.9 14.4 0.9702 8.12 0.3616 2.00 38 8.06 0.120 67.2 0.849 19.61 0.7 389 1.89 4.47 0.383 28.13 14.1 0.103 0.585 N.A. 1.062 Y 0.614 2.9 0.9 15.0 0.965 8.50 0.3588 1.72 39 8.2 0.120 68.3 0.849 19.61 0.7 389 1.89 4.55 0.394 29.07 14.8 0.104 0.591 N.A. 1.060 Y 0.626 2.5 0.9 15.7 0.9599 8.89 0.3561 1.47 40 8.34 0.120 69.5 0.849 19.61 0.7 389 1.89 4.63 0.425 30.02 15.5 0.110 0.600 N.A. 1.059 Y 0.762 2.1 0.9 16.4 0.955 9.29 0.3538 1.23 41 8.48 0.120 70.7 0.849 19.61 0.7 389 1.89 4.71 0.436 30.99 16.2 0.111 0.609 N.A. 1.057 Y 0.774 1.7 0.9 17.1 0.9502 9.72 0.3519 1.01 42 8.62 0.120 71.8 0.849 19.61 0.7 389 1.89 4.79 0.447 31.97 17.0 0.112 0.617 N.A. 1.055 Y 0.786 1.4 0.9 17.9 0.9456 10.16 0.35 0.82 43 8.76 0.120 73.0 0.849 19.61 0.7 389 1.89 4.86 0.458 32.97 17.8 0.113 0.625 N.A. 1.053 Y 0.798 1.1 1.0 18.7 0.9411 10.61 0.3481 0.65 44 8.9 0.120 74.2 0.849 19.61 0.7 389 1.89 4.94 0.469 33.99 18.6 0.114 0.633 N.A. 1.052 Y 0.810 0.8 1.0 19.6 0.9368 11.07 0.3462 0.49 45 9.04 0.120 75.3 0.849 19.61 0.7 389 1.89 5.02 0.481 35.01 19.4 0.115 0.640 N.A. 1.050 Y 0.823 0.6 1.0 20.4 0.9326 11.55 0.3443 0.36 46 9.18 0.120 76.5 0.849 19.61 0.7 389 1.89 5.10 0.493 36.06 20.2 0.116 0.647 N.A. 1.049 Y 0.835 0.4 1.0 21.2 0.9286 12.04 0.3425 0.25 47 9.32 0.120 77.7 0.849 19.61 0.7 389 1.89 5.18 0.505 37.12 21.1 0.117 0.653 N.A. 1.047 Y 0.848 0.3 1.0 22.1 0.9246 12.53 0.3406 0.16 48 9.46 0.120 78.8 0.849 19.61 0.7 389 1.89 5.26 0.517 38.19 21.9 0.118 0.660 N.A. 1.045 Y 0.861 0.2 1.0 22.9 0.9208 13.05 0.3388 0.09 49 9.6 0.120 80.0 0.849 19.61 0.7 389 1.89 5.34 0.529 39.28 22.8 0.119 0.666 N.A. 1.044 NA 0.875 0.1 1.0 23.8 0.9171 13.57 0.337 0.04 50 9.74 0.120 81.2 0.849 19.61 0.7 389 1.89 5.42 0.542 40.39 23.7 0.120 0.672 N.A. 1.042 NA 0.888 0.0 1.0 24.7 0.9135 14.10 0.3353 0.01 51 9.88 0.120 82.3 0.849 19.61 0.7 389 1.89 5.49 0.563 41.51 24.6 0.123 0.678 N.A. 1.041 NA 0.902 0.0 1.0 25.6 0.91 14.65 0 0.00 Page
2 ATTACHMENT 2
464
KNA
STRUCTURAL ENGINEERS
Seismic Loading
Reference: 2022 CBC, ASCE 7-16
INPUT:
Job Location: Costa Mesa, CA
Site Class D-Default ASCE
0.2 Sec MCE, Ss 1.312 g ASCE
1.0 Sec MCE, S1 0.469 g ASCE
Site Coeff., Fa 1.200 ASCE
Site Coeff., Fv 1.831 ASCE
SMS = Fa SS 1.574 g ASCE
SM1 = Fv S1 0.859 g ASCE
SDS = 2/3SMS 1.050 g ASCE
SD1 = 2/3SM1 0.572 g ASCE
Ts =SD1/SDS 0.545 sec
Long Period transition period, TL 8.0 sec ASCE 7-16 -Figure 22-12 Risk Category II Table 1604.5
Seismic Design Category D 2022 CBC Section 1613.3.5
OUTPUT:
Light Pole Class LS50-A
Fundamental Period, T 1.69 sec 1/Pole Natural Frequency Seismic coeff., R 1.5 ASCE 7-16 Table 15.4-2
Overstrength Factor, Ω 1.5 ASCE 7-16 Table 15.4-2
Importance Factor, I 1.00 ASCE 7-16 Section 15.4.1.1 & Table 1.5-2 Redundancy factor, ρ 1.0 ASCE 7-16 Section 15.6
DESIGN SEISMIC FORCE
V = CSW ASCE 7-16 Eqn. 12.8-1
CS = SDS/(R/I) for T≤TS 0.700 g ASCE 7-16 Eqn. 12.8-2
Cs max. for 1.5Ts <T≤ TL, Cs =1.5 SD1/T(R/I) 0.339 g ASCE 7-16 Sect. 11.4.8 & Eqn. 12.8-3 CS min = 0.044SDSI ≥ 0.03 0.046 g ASCE 7-16 Eqn. 15.4-1 if S1≥ 0.6g, CS min = 0.8S1/(R/I) N.A. g ASCE 7-16 Eqn. 15.4-2 Load Combination, 1.2D+ 1.0E ASCE 7-16 Section 2.3.2 Load Comb 5 where E = Eh + Ev ASCE 7-16 Eqn. 12.4-1
and Eh = pQE 0.339 W ASCE 7-16 Eqn. 12.4-3
and Ev = 0.2SDSD 0.210 D ASCE 7-16 Eqn. 12.4-4
Load Combination, 1.2D + (pQe + 0.2SDSD)
Load Combination, 1.2D + (pQe + 0.2SDSD) 1.410 D + 0.339 W Total Seismic Weight, W = 0.785 kips See following page SEISMIC SHEAR, V = 0.348 kips < 0.900 kips WIND SHEAR WIND CONTROLS 11/7/2023 Page
3 ATTACHMENT 2 465
KNA
STRUCTURAL ENGINEERS
Seismic Loading
Vertical Distribution of Seismic Force, Fx = CvxV ASCE7-16 Eqn. 12.8-11 & Section 12.8.5 k= 1.594
Item w hx wxhxk wxhxk/∑wxhxk Cvx*V OTM
fixtures 0.101 49.50 51 0.374 0.100 4.93
0 0.000 0.000 0.00
0 0.000 0.000 0.00
Top Pole Section 0.098 45.00 42 0.312 0.083 3.74
0 0.000 0.000 0.00
1st Pole Section 0.325 19.00 35 0.262 0.070 1.32
0 0.000 0.000 0.00
0 0.000 0.000 0.00
0 0.000 0.000 0.00
0 0.000 0.000 0.00
0 0.000 0.000 0.00
0 0.000 0.000 0.00
ECE 0.020 15.00 1 0.011 0.003 0.04
1/2 Precast base above grade 0.241 7.17 6 0.041 0.011 0.08 Sum 0.785 136 1.000 0.266 10.12
Total Dead Load at grade 1.026
Seismic Overturning Moment, M = 10.12 kip-ft < 25.48 kip-ft Wind OTM WIND CONTROLS 11/7/2023 Page
4 ATTACHMENT 2 466
engineer: CLC
design: Musco Pole Design 1B
Pole Calcuations - Page 1
ACI 31
8-14
Inputs
Pole Type fpy = Strand Yield Strength
Do = Outer Diameter fpu = Strand Ultimate Strength
Di = Inner Diameter f'c = 28 Day St rength of Concrete Dtc = Diamete r of Tendon Circle Es = Elastic Modulus of Strand dt = Strand Diameter IPF = Initial Prestress Factor
n = Number of Tendons PLF = Prestress Loss Factor
Aps = Area of Single Strand a =
Φ = Resista
nce Factor c =
ß1 = f'c ≥ 8 ksi
Determine Concrete Compression Forces (Bending Only)
Calculate the Properties of the Compression Zone
A.
co = Do/3 = Initial G uess
ro = Do /2 =
Θo = 2 * cos-1 ((ro - a)/ro) =
Io = ro
4/8* Θo-sin(Θo)+(2*sin(Θo)*sin(Θo/2)²) =
Ao = (ro²*cos-1*(ro-a)/ro)-((ro-a)*√((2*ro*a)-a²) =
yro = (4*ro*sin(Θo/2)³)/(3*(Θo-sin(Θ.))) =
B.
ri = Di/2 =
ai =
Θi = 2 * cos-1((ri - ai)/ri) =
Ii = ri
4/8* Θi-sin(Θi)+(2*sin(Θi)*sin(Θi/2)²) =
Ai = (ri²*cos-1*(ri-a)/ri)-((ri-a)*√((2*ri*a)-a²) =
yri = (4*ri*sin(Θi/2)³)/(3*(Θi-sin(Θi))) =
Note:
Co
nclusion
A
Ac = Ao - Ai = Area of the Compression Zone
Ic = Io - (Ii+Ai+yri²) = Mass M oment of Intertia of Combined Section y = (Ao*yo - Ai*yi) / Ac = Centro id for the Combined Arc Section yc = c + ro + y = Centro id for the Effective Compression Area A' = π*(ro²-ri²)-Ac = Area of the Tension Zone with the Strand Included
2.60 in
39.7 in²
0.65 3.16 in
2. 26
173.8 in^4
16.78 in²
3.14 in
0.65 0.4 in^4
0.1 in²
2.06 in
0.11 in
169.1 in^4
3.14 in
0.217 in²
16.7 in²
Calculate the Combined Section Properties:
Calculate the Section Properties based on Outer Radius (Note: These Calculations Assume there is no core in the pole)
4.74 in
Calculate the Section Properties based on Inner Radius (Note: These Calculations Assume there is no core in the pole)
2.13 in
If the inner raidius is outside the compression zone, I i & Ai will be set to 0
4.19 in
2.73 in
9.48 in
1B
0.90 4.25 in
6.625 in
0.6 in
6 0.82
230.0 ksi
270.0 ksi
9.5 ksi
29000.0 ksi
0.41 a
ai
12/5/2022
6655 Wedgwood Road, Ste 130 Maple Grove, MN 55311
RinkerP
ipe.com
5 ATTACHMENT 2 467
engineer: CLC
design: Musco Pole Design 1B
Pole Calcuations - Page 2
Determ
ine Concrete Compression Forces (Bending Only)
Conclusion Continued
B. Comp
ute the Effective Compression Area
Note:
Apscomp = Nc * Aps =
Ae = Ac - Apscomp =
C.
Fc = Ae *
0.85 * f'c =
Determine Steel Tensile Forces
Calculate the Total Prestressing Force.
fse = IPF * PLF * fpu = Total P restressing Stress
εse = fse/Es = Prestr essing Strain
fpy/Es = Maximum Tendon Yield Strain
Fps = εse * Ast * Es = Force in Single Prestress Strand Ft = Σ Line Forces = From th e Tension Line Table
Converge the Forces to Achieve a Balance Condition
c =
Fc - Ft =
Converge the Forces to Achieve a Balance Condition0
A. Compressive Force Moment
Mcf = (Fc*yc)/(12*in/ft) =
B. Tens
ion Force Moment
Mt = ΣMti = Sum of Moments in the Tendon Line Table
Calculate Ultimate Moment Capacity
Extreme Tensile Strain = Within T ransition Zone
Mn = Mcf + Mt =
Ma = ΦMn =
Mcr = Crackin g Moment (See Page 3)
Calculate Development Length
fse =
fpy / fpu =
γp =
Approxim
ate fps = (1-(γp*ρ*fpu))/(f'c*ß1)* fpu = ACI 318-14 E qn 20.3.2.3.1 Ld = (fse/3000)*db + (fps-fse)/1000 * db = ACI 318-14 E qn 25.4.8.128.7 in
28.8 k*ft
18.4 k*ft
133.0 kip
0 kip
133.0 kip
Effective Area of Concrete in Compression
Compute the Compression Force
19.7 4.19 in
0.22 in²
16.47 in²
0.0031
0.0079
90.8 ksi
Then number of strands in compression (Nc) is
determinde by the results of the calculations in the
Tendon Strain Table.
108.3 ksi
0.0028
47.2 kip*ft
42.5 kip*ft
18.9 kip*
ft
90.8 ksi
0.85 0.40
Centroid of Effective
Concrete Compression Area
~
Effective Concrete
Compression Area
Neutral Axis
a
ro
d
c
Tendon with Maximum
Tensile Strainy͞
y͞c
12/5/2022
6655 Wedgwood Road, Ste 130 Maple Grove, MN 55311
RinkerP
ipe.com
6 ATTACHMENT 2 468
engineer: CLC
design: Musco Pole Design 1B
Pole Calcuations - Page 3
Calcul
ation of Mcr and Other Properties
nt = n - nc =
dp = Σ Elevations of Tendons in Tension/nt =
Distanc
e from Centroid of Tension Steel to Center of Pole
d =
dp - ro =
bo = Do - dp =
Area of
the Outer Region Determined by bo
Aco' = ro²*cos-1((ro-bo)/ro)-((ro-bo)*√((2*ro*bo)-ro²)) = Area of the Outer Region Determined by bi
bi = bo - (ro - ri) =
Aci' = ri²*cos-1((ri-bi)/ri)-((ri-bi)*√((2*ri*bi)-ri²)) = A'' = Ac
o'-Aci'=
Atot = π*(ro²-ri²) = Total C oncrete Area
bdp = At = Atot - A'' =
fr = 7.5*√f'c = Modulus of Rupture
fpe = n*Aps*fse/Atot =
Ig = π/4 * ((Do)4-(Di)4) = Moment of Inertia of Gross Section Mcr = (fr+fpe)/At*(Ig/ro) = Crackin g Moment (ACI 318-14 24.2.3.9) ρ = Reinforcement Ratio
18.9 k*in
2095.6 psi
731.0 p
si
0.0342
5 5.40 in
0.66 in
4.08 in
29.0 in²
1.46 in
4.3 in²
24.7 in²
56.4 in²
31.7 in²
380.449 in
ri
ro dp
At
rt
Centroid of the
Strand in Tension
12/5/2022
6655 Wedgwood Road, Ste 130 Maple Grove, MN 55311
RinkerP
ipe.com
7 ATTACHMENT 2 469
project:
project number:
engineer: CLC
design: Musco Pole Design 1B
Pole Calcuations - Tendon Line Tension Table
ACI 318-14
n
t = Number of Tendons Aps = Area of a Strand
E = Modulus of Elasticity c =
15 16
17 18
10 11
1 4
12 13
132.97
0.00 0.00
0.00 612.78
19 20
21 22
23 24
0.0000
25 26
18.42 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
29.4088
7.2467
MOMENT
(FT-KIPS)
11.93 10.88
-2.72
0.0000
0.0000
0.0000
0.0000
0.0000
0.00 0.00
0.00 0.00
0.00 0.00
-1.67
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.0000
0.0000
0.0000
0.0000
Σ =
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
LINE
n
LINE STRAIN
S(e
b + εse)
0.0059
0.0000
0.0000
0.0000
0.0000
0.0047
0.0000
0.0012
0.0094
1 2
3 4
5 6
7 8
9 6 0.217 in²
29000 ksi 4.19 in
0.0000
0.0000
fps
(KSI)
170.86
272.99
135.52
33.39 0.00
0.00 0.0000
0.0000
0.0000
FORCE
(KIPS)
37.0776
59.2398
12/5/2022
6655 Wedgwood Road, Ste 130 Maple Grove, MN 55311
RinkerPipe.com
8 ATTACHMENT 2 470
project:
project number:
engineer: CLC
design: Musco Pole Design 1B
Pole Calcuations - Tendon Line Tension Table
ACI 31
8-14
nt = Number of Tendons c = From Iteration
ro = Outer Radius εse = Prestressing Strain
Dtc = Diameter of Tendon Circle εsmax = Maximum Tendon Yield Strain a = ß1 * c
Σ = 1
0 0
0 0
0 0.00
0.00 0.00
0.00 0.00
0.000
0 0
0 0
0 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0 0
8.0525
6.40 3.08
0.00 3.08
6.40 0.00
0.0059
0.0047
0.0023
0.0012
0.0023
0.0047
NA
0 0
0 1
0 0
0 NA
NA
NA
0.00 0.00
0.00 0.00
0.00 0.00
0 0
0 -0.0020
-0.0008
0.0016
NA
NA
NA
NA
NA
NA
NA
NA
NA
NA
NA
NA
NA
NA
NA
NA
NA
NA
NA
NA
NA
NA
NA
NA
NA
NA
NA
NA
NA
NA
NA
NA
NA
NA
NA
NA
NA
NA
NA
NA
NA
NA
NA
NA
NA
NA
NA
NA
NA NA
NA
NA
NA
NA
NA
NA
NA
NA
NA
NA
NA
240
300
NA
8.05 6.40
3.08 1.43
3.08 6.40
NA
NA
NA
NA
NA
0 60
120
NA
NA
NA
NA
NA
NA
4.19 5.24
NA
NA
NA
NA
NA
NA
NA
NA
NA
TENDON w/in
COMP.
BLOCK?
(Y = 1, N = 0)
TENDON ELEV.
TO THOSE IN TEN.
(FROM COMP. SIDE)
BENDING
STRAIN
εb
TOTAL
STRAIN
εb + es
e
NA
NA
NA
NA
NA
NA
0. 00
1.05 2.09
3.14 22
23 24
25 26
16 17
18 19
20 21
10 11
12 13
14 15
4 5
6 7
8 9
(DEGREES)
TENDON
#
1 2
3 6
4.74 in
6.625
2.73 in
ANGLE
(FROM VERT)
(RADIANS)
27.01 in
4.19 in
0.0031
0.0079
0 0
0 NA
NA
NA
NA
NA
NA
NA
NA
180
0.0016
-0.0008
(FROM COMP. SIDE)
0.0028
TENDON ELEV.
(INCHES)
ANGLE
(FROM VERT)
12/5/2022
6655 Wedgwood Road, Ste 130 Maple Grove, MN 55311
RinkerPipe.com
9 ATTACHMENT 2
471
11/7/2023 LS50-AB Wind T6
POLE DESIGNATION: LS50-AB W/ 8 FIXTURES MAX. JOB NO: 463.358 MANUFACTURER: MUSCO PROJECT: Tewinkle Park Tennis PROJECT NO: 215837 LOCATION: Costa Mesa, CA
ASCE 7-16 POLE ID: T6
(T2, T3, T5, T7, T10, T12, T13
Sim.)
WIND CRITERIA 95 MPH,EXP C | P = SUPERIMPOSED WT + POLE WT LOAD COMB 1.2 DEAD + 1.0 WIND v
^ |||a <-- <--FIXTURES, F/Af= qz*Gf*Cf = 30.56 PSF MAX (29.4-1) LED 550 | |v| <-- <--where qz=.00256*Kz*Kzt*Kd*Ke(V)2 = 25.22 PSF MAX (26.10-1) EPA/FIXTURE*, Af = 1.78 ft2 | ||| <-- <---
D.L./FIXTURE** = 52.8 lbs | |v| <-- ATTACHMENT NUMBER DIST. FROM PA Cf EPA Kz qz WIND,F WEIGHT,P D.L. ECE/FIXTURE*** = 10.0 lbs | ||| <-- TYPE TOP POLE,FT SQ FT SQ FT PSF LBS LBS * EPA = EFFECTIVE PROJECTED AREA OF LIGHT FIXTURE | |v| <-- LED550 4.0 0.5 1.0 1.78 1.089 25.17 217 211 INCLUDING CROSSARM, PER MUSCO ||| <-- LED550 4.0 0.5 1.0 1.78 1.089 25.17 217 211 ** D.L.= DEAD LOAD OF FIXTURE, & l |v| <-- 0.0 5.5 1.3 1.78 1.065 24.61 0 0 CROSSARM, PER MUSCO ||| <-- 0.0 8.0 1.3 1.78 1.052 24.31 0 0 ***D.L.= DEAD LOAD OF ECE, | |v| <-- 0.0 10.5 1.3 1.78 1.038 23.99 0 0 PER MUSCO | ||| <-- 0.0 13.0 1.3 1.78 1.024 23.66 0 0 | |v| <-- 0.0 15.5 1.3 1.78 1.009 23.31 0 0
| ||| <-- 0.0 18.0 1.3 1.78 0.993 22.94 0 0
| |v| <-- 0.0 20.5 1.0 1.78 0.976 22.54 0 0
| ||| <-- 0.0 23.0 1.0 1.78 0.957 22.12 0 0
| |v| <-- ECE 8.0 37.9 9.00 1.3 11.70 0.849 19.61 278 80 v | |b <-- TOTALS = 712 502
POLE, F/Af= qz*Gf*Cf = 21.39 PSF MAX (29.4-1)
where qz=.00256*Kz*Kzt*Kd*Ke(V)2 = 25.22 PSF MAX (26.10-1)
LOADING DIAGRAM
INPUT
-> l = 49.57 ft. (ht. from adj. grade)
-> l = 49.57 ft. (ht. from grade)
->tA = 0.12 in. (pole thk. @ top)
->dA = 6.00 in. (pole diam. @ top)
->dB = 11.93 in. (pole diam. @ btm)
->tB = 0.142 in. (pole thk. @ btm)
->Fy = 38.0 ksi (fixt mount sect. = 5.25 ft)
->Fy = 55.0 ksi (other pole sect.)
-> E = 29,000 ksi
->Kzt= 1 (Figure 26.8-1)
->Kd = 1 (Table 26.6-1)
-> Kz = 1.092 MAX-EXP C @ 49.6 FT. (Table 26.10-1)
->Ke = 1.00 (Table 26.9-1)
-> Cf = 1.00 LIGHT FIXTURE (INCLUDED IN EPA)
-> Cf = 0.700 MAX (VARIES 0.5-1.2 FOR RND POLE) (Figure 29.4-1) POLE DAMPING, beta= 0.025 Per Musco test
OUTPUT
-> POLE NATURAL FREQUENCY = 0.617 Hz 1/(2PI*(DELTA/386)^0.5) where DELTA is due to self weight Section 26.11.5 Gust-Effect Factor -> Gf= 1.21 (Section 26.11.5) (Reference Vibration Problems in Engineering by Timoshenko, 4th ED. pg.34) constant epsilon,e = 0.2 Lz = 489.7 Pole Properties: constant l = 500 N1 = 3.391
Ia = 9.58 in4 taper = 0.140 in/ft Vz = 89.13 Rn = 0.065 Ib = 91 in4 db/da = 1.988 4.6n1h/Vz = 1.579
ra = 2.079 in rb = 4.166 in. 4.6n1B/Vz = 0.024 R = 1.048 Aa = 2.217 in2 Ab = 5.26 in2 15.4n1L/Vz = 0.080 gR = 4.073 Sa = 3.19 in3 Sb = 15.30 in3 c = 0.200
From Critical Buckling Loads of Tapered Columns, ASCE 2/62: Rh = 0.441 Iz = 0.203 n = Log (Ib/(Ia)/Log (dB/dA) = 3.28 RB = 0.984 Q = 0.932 P* = (Ib/Ia)/(Ib/Ia)^.333 = 4.5 RL = 0.949 G = 0.891
kl/req* (1/(P*)^.5)[kl/ra] = 283 (where k= 2.1) Gf = 1.211 AISC 360-16 Specification Table B4.1, Case 15
for Fy = 55.0 KSI 38 KSI
D/t < .45E/Fy = 237 343 (MAX) SHEAR,F= 0.832 KIPS MOMENT, M = 25.17 K-FT e= M/F = 30.24 FT AXIAL,P = 1.136 KIPS ASD Forces at groundline (for foundation design) D/t < .31E/Fy = 163 237 Noncompact SHEAR,F= 1.387 KIPS MOMENT, M = 41.95 K-FT e= M/F = 30.24 FT AXIAL,P = 1.363 KIPS Nominal Forces at groundline D/t < .07E/Fy = 37 53 Compact M < ΦMn = 82 K-FT Precast Base O.K.
D/t < .11E/Fy = 58 84 Slender element Section for Uniform Compression Pole Stress Check = 0.574 Max. < 1 Pole O.K.
Max. Deflection = 28.835 Inch <0.10H= 59 Inch AASHTO 10.4.2 Page
10 ATTACHMENT 2 472
11/7/2023 LS50-AB Wind T6
Distance Outside E3-4 E3-2 or E3-3 F8.1-F8.4 H1-1b H1-1a 2nd Order 1st Order C2.2a Total E7-19 from top Diameter Pole Cf Design comp Acting Design flex. Req'd flex. for for /1st Order Req'd shear Delta P-Delta 2nd Order ACTING DEFL of Pole of Pole,D thick,t D/t Kz qz Pole kl/r Fe strength, Pn unfactored, Pr strength, Mn strength, Mr Pr/Pc Pr/Pc <0.2 Pr/Pc ≥ 0.2 Moment CSR strength,, F Moment Moment Q MOM DUE M/I DUE TO DL FT IN IN PSF eqiv. KIPS KIPS K-FT K-FT FT-K O.K. KIPS IN FT-K FT-K TO DL IN
0 6.00 0.120 50.0 1.092 25.22 0.7 283 3.56 6.23 0.000 12.02 0.0 0.000 0.000 N.A. 1.000 Y 0.000 28.8 0.0 0.0 1.2467 0.00 0.0002 25.67 1 6.10 0.120 50.8 1.087 25.12 0.7 283 3.56 6.34 0.430 12.38 0.2 0.081 0.062 N.A. 1.198 Y 0.445 27.8 0.0 0.3 1.2375 0.00 0.0209 24.75 2 6.19 0.120 51.6 1.082 25.01 0.7 283 3.56 6.44 0.438 12.73 0.7 0.082 0.101 N.A. 1.132 Y 0.456 26.8 0.1 0.8 1.2286 0.44 0.0605 23.84 3 6.29 0.120 52.4 1.078 24.89 0.7 283 3.56 6.54 0.446 13.10 1.1 0.082 0.138 N.A. 1.119 Y 0.467 25.8 0.1 1.3 1.2201 0.88 0.0971 22.92 4 6.38 0.120 53.2 1.073 24.78 0.7 283 3.56 6.64 0.454 13.46 1.6 0.082 0.174 N.A. 1.113 Y 0.478 24.7 0.2 1.8 1.2117 1.33 0.131 22.02 5 6.48 0.120 54.0 1.068 24.67 0.7 283 3.56 6.74 0.462 13.84 2.1 0.082 0.209 N.A. 1.109 Y 0.489 23.7 0.2 2.3 1.2036 1.79 0.1676 21.11 6 6.46 0.120 53.8 1.063 24.55 0.7 283 3.56 6.72 0.470 18.48 2.6 0.084 0.197 N.A. 1.106 Y 0.500 22.7 0.3 2.9 1.0391 2.25 0.2005 20.22 7 6.60 0.120 55.0 1.057 24.43 0.7 283 3.56 6.87 0.479 19.24 3.1 0.084 0.219 N.A. 1.104 Y 0.512 21.8 0.3 3.4 1.0312 2.73 0.2242 19.34 8 6.73 0.120 56.1 1.052 24.31 0.7 283 3.56 7.01 0.487 20.01 3.6 0.083 0.240 N.A. 1.102 Y 0.523 20.8 0.4 4.0 1.0237 3.21 0.2452 18.47 9 6.87 0.120 57.3 1.047 24.18 0.7 283 3.56 7.16 0.496 20.80 4.1 0.083 0.261 N.A. 1.101 Y 0.535 19.8 0.4 4.6 1.0165 3.70 0.2637 17.62 10 7.01 0.120 58.4 1.041 24.06 0.7 283 3.56 7.31 0.505 21.60 4.7 0.083 0.280 N.A. 1.099 Y 0.546 18.9 0.5 5.1 1.0096 4.20 0.28 16.78 11 7.15 0.120 59.6 1.036 23.93 0.7 283 3.56 7.45 0.515 22.41 5.2 0.083 0.298 N.A. 1.098 Y 0.558 18.0 0.5 5.7 1.0029 4.71 0.2944 15.96 12 7.29 0.120 60.8 1.030 23.79 0.7 283 3.56 7.60 0.524 23.25 5.8 0.083 0.315 N.A. 1.096 Y 0.571 17.1 0.6 6.4 0.9965 5.23 0.3071 15.15 13 7.43 0.120 61.9 1.024 23.66 0.7 283 3.56 7.75 0.533 24.09 6.4 0.083 0.331 N.A. 1.095 Y 0.583 16.2 0.6 7.0 0.9903 5.76 0.3182 14.36 14 7.57 0.120 63.1 1.018 23.52 0.7 283 3.56 7.90 0.543 24.96 7.0 0.083 0.346 N.A. 1.094 Y 0.595 15.3 0.7 7.6 0.9844 6.30 0.3281 13.59 15 7.71 0.120 64.2 1.012 23.38 0.7 283 3.56 8.04 0.553 25.83 7.6 0.083 0.361 N.A. 1.092 Y 0.608 14.5 0.7 8.3 0.9786 6.85 0.3367 12.84 16 7.85 0.120 65.4 1.006 23.24 0.7 283 3.56 8.19 0.563 26.73 8.2 0.083 0.375 N.A. 1.091 Y 0.621 13.7 0.7 8.9 0.9731 7.41 0.3442 12.11 17 7.98 0.120 66.5 0.999 23.09 0.7 283 3.56 8.34 0.573 27.63 8.8 0.083 0.388 N.A. 1.090 Y 0.634 12.9 0.8 9.6 0.9678 7.97 0.3508 11.40 18 8.12 0.120 67.7 0.993 22.94 0.7 283 3.56 8.49 0.584 28.56 9.4 0.083 0.401 N.A. 1.088 Y 0.647 12.1 0.8 10.3 0.9626 8.55 0.3566 10.72 19 8.26 0.120 68.9 0.986 22.78 0.7 283 3.56 8.63 0.595 29.49 10.1 0.083 0.413 N.A. 1.087 Y 0.660 11.4 0.9 11.0 0.9577 9.14 0.3616 10.05 20 8.40 0.120 70.0 0.979 22.62 0.7 283 3.56 8.78 0.605 30.44 10.8 0.083 0.425 N.A. 1.086 Y 0.673 10.6 0.9 11.7 0.9529 9.74 0.3659 9.40 21 8.54 0.120 71.2 0.972 22.46 0.7 283 3.56 8.93 0.616 31.41 11.4 0.083 0.436 N.A. 1.084 Y 0.687 9.9 1.0 12.4 0.9482 10.35 0.3696 8.78 22 8.68 0.120 72.3 0.965 22.29 0.7 283 3.56 9.08 0.627 32.39 12.1 0.083 0.447 N.A. 1.083 Y 0.700 9.3 1.0 13.1 0.9437 10.97 0.3727 8.17 23 8.82 0.120 73.5 0.957 22.12 0.7 283 3.56 9.22 0.639 33.39 12.8 0.083 0.458 N.A. 1.082 Y 0.714 8.6 1.1 13.9 0.9393 11.61 0.3754 7.59 24 8.96 0.120 74.6 0.950 21.94 0.7 283 3.56 9.37 0.650 34.40 13.6 0.083 0.468 N.A. 1.080 Y 0.728 8.0 1.1 14.7 0.9351 12.25 0.3777 7.03 25 9.10 0.120 75.8 0.942 21.76 0.7 283 3.56 9.52 0.662 35.43 14.3 0.083 0.477 N.A. 1.079 Y 0.742 7.4 1.1 15.4 0.931 12.91 0.3795 6.50 26 9.23 0.120 77.0 0.934 21.57 0.7 283 3.56 9.66 0.674 36.47 15.0 0.084 0.486 N.A. 1.078 Y 0.756 6.8 1.2 16.2 0.927 13.58 0.381 5.98 27 9.37 0.120 78.1 0.925 21.37 0.7 283 3.56 9.81 0.688 37.53 15.8 0.084 0.496 N.A. 1.076 Y 0.770 6.2 1.2 17.0 0.9232 14.25 0.3666 5.49 28 9.28 0.142 65.3 0.916 21.17 0.7 283 3.56 11.46 0.702 44.23 16.6 0.073 0.440 N.A. 1.075 Y 0.784 5.7 1.2 17.8 0.9733 14.95 0.3516 5.02 29 9.42 0.142 66.3 0.907 20.96 0.7 283 3.56 11.64 0.716 45.51 17.4 0.074 0.447 N.A. 1.074 Y 0.797 5.2 1.3 18.7 0.9688 15.66 0.3518 4.58 30 9.56 0.142 67.3 0.898 20.74 0.7 283 3.56 11.81 0.731 46.80 18.2 0.074 0.454 N.A. 1.072 Y 0.811 4.7 1.3 19.5 0.9643 16.38 0.3518 4.15 31 9.70 0.142 68.3 0.888 20.51 0.7 283 3.56 11.99 0.745 48.12 19.0 0.075 0.460 N.A. 1.071 Y 0.825 4.3 1.4 20.4 0.96 17.12 0.3516 3.74 32 9.84 0.142 69.3 0.878 20.28 0.7 283 3.56 12.17 0.760 49.45 19.8 0.075 0.467 N.A. 1.070 Y 0.839 3.8 1.4 21.2 0.9559 17.87 0.3514 3.36 33 9.98 0.142 70.3 0.867 20.03 0.7 283 3.56 12.34 0.775 50.80 20.7 0.075 0.473 N.A. 1.068 Y 0.853 3.4 1.4 22.1 0.9518 18.64 0.351 3.00 34 10.12 0.142 71.3 0.856 19.77 0.7 283 3.56 12.52 0.791 52.17 21.5 0.076 0.479 N.A. 1.067 Y 0.867 3.0 1.4 23.0 0.9479 19.42 0.3505 2.65 35 10.26 0.142 72.2 0.849 19.61 0.7 283 3.56 12.69 0.806 53.55 22.4 0.076 0.484 N.A. 1.066 Y 0.881 2.7 1.5 23.9 0.944 20.22 0.3499 2.33 36 10.40 0.142 73.2 0.849 19.61 0.7 283 3.56 12.87 0.822 54.96 23.3 0.077 0.490 N.A. 1.065 Y 0.896 2.3 1.5 24.8 0.9403 21.04 0.3493 2.03 37 10.54 0.142 74.2 0.849 19.61 0.7 283 3.56 13.04 0.838 56.38 24.2 0.077 0.495 N.A. 1.063 Y 0.910 2.0 1.5 25.7 0.9367 21.87 0.3486 1.75 38 10.68 0.142 75.2 0.849 19.61 0.7 283 3.56 13.22 0.934 57.82 25.3 0.085 0.506 N.A. 1.062 Y 1.203 1.7 1.6 26.8 0.9331 22.71 0.3484 1.49 39 10.82 0.142 76.2 0.849 19.61 0.7 283 3.56 13.39 0.951 59.28 26.5 0.085 0.516 N.A. 1.060 Y 1.218 1.4 1.6 28.1 0.9297 23.65 0.3487 1.25 40 10.96 0.142 77.2 0.849 19.61 0.7 283 3.56 13.57 0.967 60.75 27.7 0.086 0.525 N.A. 1.058 Y 1.233 1.2 1.6 29.3 0.9263 24.61 0.3488 1.04 41 11.10 0.142 78.2 0.849 19.61 0.7 283 3.56 13.75 0.984 62.25 28.9 0.086 0.534 N.A. 1.056 Y 1.248 1.0 1.6 30.6 0.923 25.59 0.3489 0.84 42 11.24 0.142 79.1 0.849 19.61 0.7 283 3.56 13.92 1.001 63.76 30.2 0.086 0.543 N.A. 1.055 Y 1.264 0.8 1.7 31.8 0.9198 26.58 0.3488 0.66 43 11.38 0.142 80.1 0.849 19.61 0.7 283 3.56 14.10 1.019 65.29 31.5 0.087 0.551 N.A. 1.053 Y 1.279 0.6 1.7 33.1 0.9167 27.59 0.3487 0.51 44 11.52 0.142 81.1 0.849 19.61 0.7 283 3.56 14.27 1.036 66.84 32.8 0.087 0.559 N.A. 1.051 Y 1.295 0.4 1.7 34.4 0.9137 28.62 0.3484 0.37 45 11.66 0.142 82.1 0.849 19.61 0.7 283 3.56 14.45 1.054 68.40 34.1 0.088 0.566 N.A. 1.050 Y 1.311 0.3 1.7 35.8 0.9107 29.66 0.3481 0.26 46 11.80 0.142 83.1 0.849 19.61 0.7 283 3.56 14.62 1.072 69.99 35.4 0.088 0.574 N.A. 1.048 Y 1.328 0.2 1.7 37.1 0.9078 30.73 0.3477 0.17 47 11.94 0.142 84.1 0.849 19.61 0.7 283 3.56 14.80 1.090 71.59 36.7 0.088 0.581 N.A. 1.047 NA 1.344 0.1 1.7 38.4 0.905 31.81 0.3472 0.09 48 12.08 0.142 85.1 0.849 19.61 0.7 283 3.56 14.98 1.108 73.21 38.1 0.089 0.588 N.A. 1.045 NA 1.361 0.0 1.7 39.8 0.9022 32.91 0.3467 0.04 49 12.22 0.142 86.0 0.849 19.61 0.7 283 3.56 15.15 1.127 74.85 39.4 0.089 0.595 N.A. 1.044 NA 1.377 0.0 1.7 41.2 0.8995 34.02 0.3461 0.01 50 12.36 0.142 87.0 0.849 19.61 0.7 283 3.56 15.33 1.142 76.51 40.8 0.089 0.601 N.A. 1.042 NA 1.394 0.0 1.7 42.5 0.8969 35.16 0 0.00 Page
11 ATTACHMENT 2
473
KNA
STRUCTURAL ENGINEERS
Seismic Loading
Reference: 2022 CBC, ASCE 7-16
INPUT:
Job Location: Costa Mesa, CA
Site Class D-Default ASCE
0.2 Sec MCE, Ss 1.312 g ASCE
1.0 Sec MCE, S1 0.469 g ASCE
Site Coeff., Fa 1.200 ASCE
Site Coeff., Fv 1.831 ASCE
SMS = Fa SS 1.574 g ASCE
SM1 = Fv S1 0.859 g ASCE
SDS = 2/3SMS 1.050 g ASCE
SD1 = 2/3SM1 0.572 g ASCE
Ts =SD1/SDS 0.545 sec
Long Period transition period, TL 8.0 sec ASCE 7-16 -Figure 22-12 Risk Category II Table 1604.5
Seismic Design Category D 2022 CBC Section 1613.3.5
OUTPUT:
Light Pole Class LS50-AB
Fundamental Period, T 1.62 sec 1/Pole Natural Frequency
Seismic coeff., R 1.5 ASCE 7-16 Table 15.4-2
Overstrength Factor, Ω 1.5 ASCE 7-16 Table 15.4-2
Importance Factor, I 1.00 ASCE 7-16 Section 15.4.1.1 & Table 1.5-2 Redundancy factor, ρ 1.0 ASCE 7-16 Section 15.6
DESIGN SEISMIC FORCE
V = CSW ASCE 7-16 Eqn. 12.8-1
CS = SDS/(R/I) for T≤TS 0.700 g ASCE 7-16 Eqn. 12.8-2
Cs max. for 1.5Ts <T≤ TL, Cs =1.5 SD1/T(R/I) 0.353 g ASCE 7-16 Sect. 11.4.8 & Eqn. 12.8-3 CS min = 0.044SDSI ≥ 0.03 0.046 g ASCE 7-16 Eqn. 15.4-1 if S1≥ 0.6g, CS min = 0.8S1/(R/I) N.A. g ASCE 7-16 Eqn. 15.4-2 Load Combination, 1.2D+ 1.0E ASCE 7-16 Section 2.3.2 Load Comb 5 where E = Eh + Ev ASCE 7-16 Eqn. 12.4-1
and Eh = pQE 0.353 W ASCE 7-16 Eqn. 12.4-3
and Ev = 0.2SDSD 0.210 D ASCE 7-16 Eqn. 12.4-4
Load Combination, 1.2D + (pQe + 0.2SDSD)
Load Combination, 1.2D + (pQe + 0.2SDSD) 1.410 D + 0.353 W Total Seismic Weight, W = 1.543 kips See following page SEISMIC SHEAR, V = 0.682 kips < 1.387 kips WIND SHEAR WIND CONTROLS 11/7/2023 Page
12 ATTACHMENT 2 474
KNA
STRUCTURAL ENGINEERS
Seismic Loading
Vertical Distribution of Seismic Force, Fx = CvxV ASCE7-16 Eqn. 12.8-11 & Section 12.8.5 k= 1.560
Item w hx wxhxk wxhxk/∑wxhxk Cvx*V OTM
Fixtures 0.211 49.07 92 0.308 0.168 8.24
Fixtures 0.211 49.07 92 0.308 0.168 8.24
0 0.000 0.000 0.00
0 0.000 0.000 0.00
Top Pole Section 0.043 48.20 18 0.062 0.034 1.62
2nd Pole Section 0.253 34.30 63 0.211 0.115 3.95
1st Pole Section 0.358 12.75 19 0.064 0.035 0.44
0 0.000 0.000 0.00
0 0.000 0.000 0.00
0 0.000 0.000 0.00
0 0.000 0.000 0.00
0 0.000 0.000 0.00
ECE 0.080 15.00 5 0.018 0.010 0.15
1/2 Precast base above grade 0.387 7.25 8 0.029 0.016 0.11 Sum 1.543 297 1.000 0.545 22.76
Total Dead Load at grade 1.929
SEISMIC OTM = 22.76 kip-ft < 41.95 kip-ft Wind OTM WIND CONTROLS 11/7/2023 Page
13 ATTACHMENT 2 475
engineer: CLC
design: Musco Pole Design 2B
Pole Calcuations - Page 1
ACI 31
8-14
Inputs
Pole Type fpy = Strand Yield Strength
Do = Outer Diameter fpu = Strand Ultimate Strength
Di = Inner Diameter f'c = 28 Day St rength of Concrete Dtc = Diamete r of Tendon Circle Es = Elastic Modulus of Strand dt = Strand Diameter IPF = Initial Prestress Factor
n = Number of Tendons PLF = Prestress Loss Factor
Aps = Area of Single Strand a =
Φ = Resista
nce Factor c =
ß1 = f'c ≥ 8 ksi
Determine Concrete Compression Forces (Bending Only)
Calculate the Properties of the Compression Zone
A.
co = Do/3 = Initial G uess
ro = Do /2 =
Θo = 2 * cos-1 ((ro - a)/ro) =
Io = ro
4/8* Θo-sin(Θo)+(2*sin(Θo)*sin(Θo/2)²) =
Ao = (ro²*cos-1*(ro-a)/ro)-((ro-a)*√((2*ro*a)-a²) =
yro = (4*ro*sin(Θo/2)³)/(3*(Θo-sin(Θ.))) =
B.
ri = Di/2 =
ai =
Θi = 2 * cos-1((ri - ai)/ri) =
Ii = ri
4/8* Θi-sin(Θi)+(2*sin(Θi)*sin(Θi/2)²) =
Ai = (ri²*cos-1*(ri-a)/ri)-((ri-a)*√((2*ri*a)-a²) =
yri = (4*ri*sin(Θi/2)³)/(3*(Θi-sin(Θi))) =
Note:
Co
nclusion
A
Ac = Ao - Ai = Area of the Compression Zone
Ic = Io - (Ii+Ai+yri²) = Mass M oment of Intertia of Combined Section y = (Ao*yo - Ai*yi) / Ac = Centro id for the Combined Arc Section yc = c + ro + y = Centro id for the Effective Compression Area A' = π*(ro²-ri²)-Ac = Area of the Tension Zone with the Strand Included
3.56 in
58.6 in²
0.65 3.97 in
2. 36
450.9 in^4
29.36 in²
3.80 in
1.26 7.5 in^4
1.2 in²
2.49 in
0.54 in
435.9 in^4
3.85 in
0.153 in²
28.1 in²
Calculate the Combined Section Properties:
Calculate the Section Properties based on Outer Radius (Note: These Calculations Assume there is no core in the pole)
5.96 in
Calculate the Section Properties based on Inner Radius (Note: These Calculations Assume there is no core in the pole)
2.81 in
If the inner raidius is outside the compression zone, I i & Ai will be set to 0
5.67 in
3.69 in
11.92 in
2B
0.90 5.625 in
9 in
0.5 in
10 0.82
230.0 ksi
270.0 ksi
9.5 ksi
29000.0 ksi
0.64 a
ai
12/5/2022
6655 Wedgwood Road, Ste 130 Maple Grove, MN 55311
RinkerP
ipe.com
14 ATTACHMENT 2 476
engineer: CLC
design: Musco Pole Design 2B
Pole Calcuations - Page 2
Determ
ine Concrete Compression Forces (Bending Only)
Conclusion Continued
B. Comp
ute the Effective Compression Area
Note:
Apscomp = Nc * Aps =
Ae = Ac - Apscomp =
C.
Fc = Ae *
0.85 * f'c =
Determine Steel Tensile Forces
Calculate the Total Prestressing Force.
fse = IPF * PLF * fpu = Total P restressing Stress
εse = fse/Es = Prestr essing Strain
fpy/Es = Maximum Tendon Yield Strain
Fps = εse * Ast * Es = Force in Single Prestress Strand Ft = Σ Line Forces = From th e Tension Line Table
Converge the Forces to Achieve a Balance Condition
c =
Fc - Ft =
Converge the Forces to Achieve a Balance Condition0
A. Compressive Force Moment
Mcf = (Fc*yc)/(12*in/ft) =
B. Tens
ion Force Moment
Mt = ΣMti = Sum of Moments in the Tendon Line Table
Calculate Ultimate Moment Capacity
Extreme Tensile Strain = Within T ransition Zone
Mn = Mcf + Mt =
Ma = ΦMn =
Mcr = Crackin g Moment (See Page 3)
Calculate Development Length
fse =
fpy / fpu =
γp =
Approxim
ate fps = (1-(γp*ρ*fpu))/(f'c*ß1)* fpu = ACI 318-14 E qn 20.3.2.3.1 Ld = (fse/3000)*db + (fps-fse)/1000 * db = ACI 318-14 E qn 25.4.8.141.2 in
66.4 k*ft
25.2 k*ft
223.6 kip
0 kip
223.6 kip
Effective Area of Concrete in Compression
Compute the Compression Force
21.7 5.67 in
0.46 in²
27.69 in²
0.0049
0.0079
141.7 ksi
Then number of strands in compression (Nc) is
determinde by the results of the calculations in the
Tendon Strain Table.
176.9 ksi
0.0025
91.6 kip*ft
82.4 kip*ft
42.5 kip*
ft
141.7 ksi
0.85 0.40
Centroid of Effective
Concrete Compression Area
~
Effective Concrete
Compression Area
Neutral Axis
a
ro
d
c
Tendon with Maximum
Tensile Strainy͞
y͞c
12/5/2022
6655 Wedgwood Road, Ste 130 Maple Grove, MN 55311
RinkerP
ipe.com
15 ATTACHMENT 2 477
engineer: CLC
design: Musco Pole Design 2B
Pole Calcuations - Page 3
Calcul
ation of Mcr and Other Properties
nt = n - nc =
dp = Σ Elevations of Tendons in Tension/nt =
Distanc
e from Centroid of Tension Steel to Center of Pole
d =
dp - ro =
bo = Do - dp =
Area of
the Outer Region Determined by bo
Aco' = ro²*cos-1((ro-bo)/ro)-((ro-bo)*√((2*ro*bo)-ro²)) = Area of the Outer Region Determined by bi
bi = bo - (ro - ri) =
Aci' = ri²*cos-1((ri-bi)/ri)-((ri-bi)*√((2*ri*bi)-ri²)) = A'' = Ac
o'-Aci'=
Atot = π*(ro²-ri²) = Total C oncrete Area
bdp = At = Atot - A'' =
fr = 7.5*√f'c = Modulus of Rupture
fpe = n*Aps*fse/Atot =
Ig = π/4 * ((Do)4-(Di)4) = Moment of Inertia of Gross Section Mcr = (fr+fpe)/At*(Ig/ro) = Crackin g Moment (ACI 318-14 24.2.3.9) ρ = Reinforcement Ratio
42.5 k*in
2499.3 psi
731.0 p
si
0.0197
7 7.64 in
1.68 in
4.28 in
36.0 in²
1.13 in
3.6 in²
32.4 in²
86.7 in²
54.3 in²
941.86 in
ri
ro dp
At
rt
Centroid of the
Strand in Tension
12/5/2022
6655 Wedgwood Road, Ste 130 Maple Grove, MN 55311
RinkerP
ipe.com
16 ATTACHMENT 2 478
project:
project number:
engineer: CLC
design: Musco Pole Design 2B
Pole Calcuations - Tendon Line Tension Table
ACI 318-14
n
t = Number of Tendons Aps = Area of a Strand
E = Modulus of Elasticity c =
15 16
17 18
10 11
1 4
12 13
223.59
0.00 0.00
0.00 1461.40
19 20
21 22
23 24
0.0000
25 26
25.20 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
51.2475
38.1902
MOMENT
(FT-KIPS)
13.14 20.24
7.18 0.0000
0.0000
27.6265
11.7958
0.0000
0.00 0.00
0.00 0.00
0.00 0.00
-3.50
-7.71
-4.14
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.0000
0.0000
0.0000
0.0000
Σ =
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
LINE
n
LINE STRAIN
S(e
b + εse)
0.0074
0.0027
0.0000
0.0000
0.0000
0.0116
0.0062
0.0086
0.0139
1 2
3 4
5 6
7 8
9 10 0.153 in²
29000 ksi 5.67 in
0.0000
0.0000
fps
(KSI)
215.18
403.99
334.95
249.61
180.57
77.10 0.0000
0.0000
0.0000
FORCE
(KIPS)
32.9230
61.8111
12/5/2022
6655 Wedgwood Road, Ste 130 Maple Grove, MN 55311
RinkerPipe.com
17 ATTACHMENT 2 479
project:
project number:
engineer: CLC
design: Musco Pole Design 2B
Pole Calcuations - Tendon Line Tension Table
ACI 31
8-14
nt = Number of Tendons c = From Iteration
ro = Outer Radius εse = Prestressing Strain
Dtc = Diameter of Tendon Circle εsmax = Maximum Tendon Yield Strain a = ß1 * c
Σ = 3
0 0
0 0
0 0.00
0.00 0.00
0.00 0.00
0.000
0 0
0 0
0 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0 0
10.46 9.60
7.35 4.57
0.00 0.00
0.00 0.0074
0.0070
0.0058
0.0043
0.0031
0.0027
0.0031
0 0
0 0
1 1
1 NA
NA
NA
4.57 7.35
9.60 0.00
0.00 0.00
0 0
0 -0.0006
-0.0018
-0.0022
-0.0018
-0.0006
0.0009
NA
NA
NA
NA
NA
NA
NA
NA
NA
NA
NA
NA
NA
7.35 9.60
NA
4.57 NA
NA
NA
NA
NA
0.0043
0.0058
0.0070
NA
NA
NA
NA
NA
NA
NA
NA
NA
NA
NA
NA
NA
NA
NA
NA
NA
NA
NA
NA
NA NA
NA
NA
NA
NA
NA
NA
NA
NA
NA
NA
NA
144
180
216
10.46 9.60
7.35 4.57
2.32 1.46
2.32 NA
NA
NA
NA
0 36
72 NA
NA
NA
NA
NA
NA
2.51 3.14
3.77 4.40
5.03 5.65
288
324
NA
NA
NA
TENDON w/in
COMP.
BLOCK?
(Y = 1, N = 0)
TENDON ELEV.
TO THOSE IN TEN.
(FROM COMP. SIDE)
BENDING
STRAIN
εb
TOTAL
STRAIN
εb + es
e
NA
NA
NA
NA
NA
NA
0. 00
0.63 1.26
1.88 22
23 24
25 26
16 17
18 19
20 21
10 11
12 13
14 15
4 5
6 7
8 9
(DEGREES)
TENDON
#
1 2
3 10
5.96 in
9 3.69 in
ANGLE
(FROM VERT)
(RADIANS)
53.50 in
5.67 in
0.0049
0.0079
0 0
0 NA
NA
NA
NA
NA
0.0021
NA
252
108
0.0021
0.0009
(FROM COMP. SIDE)
0.0025
TENDON ELEV.
(INCHES)
ANGLE
(FROM VERT)
12/5/2022
6655 Wedgwood Road, Ste 130 Maple Grove, MN 55311
RinkerPipe.com
18 ATTACHMENT 2
480
DESIGN OF EMBEDDED POLE FOOTING-
NONCONSTRAINED
2019 CBC Section 1807.3.2.1
KNA STRUCTURAL ENGINEERSMark/Type LS50-A LS50-AB
Grade
INPUT
Shear, P lbs = 540 832
height of P above grade, h ft = 29.3 31.2
allow lateral brg pressure, s psf/ft = 200 200
max allow lateral brg pressure psf/ft = 2400 2400
Pier Diameter, b ft = 2.5 2.5
OUPUT
Moment at grade, M ft-lbs = 15,826 25,999
acting lateral brg pressure, S1 psf = 443 526
allow lateral brg pressure, S1 psf = 443 526
A=2.34P/(S1b) = 1.14 1.48
Min req'd embedment, d ft = 6.64 7.88
=A/2{1+(1+4.36h/A)1/2}
Add Depth to Ignore 1.00 1.00
Total Embed Required 7.64 8.88
USE 30 IN DIAMETER ---> 8'-0
USE 30 IN DIAMETER ---> 10'-0
Page
19 ATTACHMENT 2
481
ASCE 7 Hazards Report
Address:
No Address at This Location
Standard: ASCE/SEI 7-16 Latitude: 33.670293
Risk Category: II Longitude: -117.893252
Soil Class: D - Default (see
Section 11.4.3)
Elevation: 51.389649551292884 ft
(NAVD 88)
Wind
Results:
Wind Speed 95 Vmph
10-year MRI 66 Vmph
25-year MRI 72 Vmph
50-year MRI 76 Vmph
100-year MRI 81 Vmph
Data Source: ASCE/SEI 7-16, Fig. 26.5-1B and Figs. CC.2-1–CC.2-4, and Section 26.5.2 Date Accessed: Tue Nov 07 2023
Value provided is 3-second gust wind speeds at 33 ft above ground for Exposure C Category, based on linear interpolation between contours. Wind speeds are interpolated in accordance with the 7-16 Standard. Wind speeds correspond to approximately a 7% probability of exceedance in 50 years (annual exceedance probability =
0.00143, MRI = 700 years).
Site is not in a hurricane-prone region as defined in ASCE/SEI 7-16 Section 26.2.
APPENDIX A
ATTACHMENT 2
482
SS : 1.312
S1 : 0.469
F a : 1.2
F v : N/A
SMS : 1.574
SM1 : N/A
SDS : 1.05
SD1 : N/A
T L : 8
PGA : 0.565
PGA M : 0.677
F PGA : 1.2
Ie : 1
Cv : 1.362
Seismic
Site Soil Class:
Results:
Data Accessed:
Date Source:
D - Default (see Section 11.4.3)
USGS Seismic Design Maps
Ground motion hazard analysis may be required. See ASCE/SEI 7-16 Section 11.4.8.
Tue Nov 07 2023
ATTACHMENT 2
483
The ASCE 7 Hazard Tool is provided for your convenience, for informational purposes only, and is provided “as is” and without warranties of any kind. The location data included herein has been obtained from information developed, produced, and maintained by third party providers; or has been extrapolated from maps incorporated in the ASCE 7 standard. While ASCE has made every effort to use data obtained from reliable sources or methodologies, ASCE does not make any representations or warranties as to the accuracy, completeness, reliability, currency, or quality of any data provided herein. Any third-party links provided by this Tool should not be construed as an endorsement, affiliation, relationship, or sponsorship of such third-party content by or from ASCE.
ASCE does not intend, nor should anyone interpret, the results provided by this Tool to replace the sound judgment of a competent professional, having knowledge and experience in the appropriate field(s) of practice, nor to substitute for the standard of care required of such professionals in interpreting and applying the contents of this Tool or the ASCE 7 standard.
In using this Tool, you expressly assume all risks associated with your use. Under no circumstances shall ASCE or its officers, directors, employees, members, affiliates, or agents be liable to you or any other person for any direct, indirect, special, incidental, or consequential damages arising from or related to your use of, or reliance on, the Tool or any information obtained therein. To the fullest extent permitted by law, you agree to release and hold harmless ASCE from any and all liability of any nature arising out of or resulting from any use of data provided by the ASCE 7 Hazard Tool.
ATTACHMENT 2
484
ATTACHMENT 2
485
M-1911-enUS-10 Jack Hammett Sports Complex LED Retrofit, Project # 224349 Project Submittal: Bill of Materials
Equipment Description
56 Light-Structure System™ Retrofit Total Light Control™ TLC-LED-900 luminaires 16 Light-Structure System™ Retrofit Total Light Control™ TLC-LED-1200 luminaires 36 Light-Structure System™ Retrofit Total Light Control™ TLC-LED-1500 luminaires F a c t o r y wired and assembled pole top luminaire assemblies F a c t o r y wired electrical component enclosures
F a c t o r y built wire harnesses with plug-in connections Controls
1 24” x 72” Control and monitoring cabinet
1 24” x48” Control and monitoring cabinet
1 24” x 72” Control and monitoring cabinet- secondary
28 30-amp contactors
8 On-Off-Auto (OOA) switches
Warranty
Musco’s Constant 25™ product assurance and warranty program that eliminates 100% maintenance costs for 25 years, including labor, materials, monitoring and guaranteed light levels.
ATTACHMENT 2
486
M-1911-enUS-10 Tewinkle Park Bark Park, Project # 215827 Project Submittal: Bill of Materials
Equipment Description
37 CREE OSQ LED Fixtures LED
13 27’ Valmont soft square steel pole with base plate
Controls
1 24” x 48” Control and monitoring cabinet
5 30-amp contactors
1 On-Off-Auto (OOA) switches
Warranty
Musco’s 10-Year warranty guarantees your lighting system to be free from defects in materials and workmanship. This includes labor and materials to replace defective parts or repair defects in workmanship.
ATTACHMENT 2
487
M-1911-enUS-10 Tewinkle Park Baseball Softball LED Relight, Project # 215836 Project Submittal: Bill of Materials
Equipment Description
14 Light-Structure System™ Retrofit Total Light Control™ TLC-LED-900 luminaires 66 Light-Structure System™ Retrofit Total Light Control™ TLC-LED-1200 luminaires 18 Light-Structure System™ Retrofit Total Light Control™ TLC-LED-1500 luminaires 32 Light-Structure System™ Retrofit Total Light Control™ TLC-BT-575 luminaires F a c t o r y wired and assembled pole top luminaire assemblies F a c t o r y wired electrical component enclosures
F a c t o r y built wire harnesses with plug-in connections Controls
1 24”x 72” Control and monitoring cabinet primary
1 24” x 72” Control and monitoring cabinet secondary
24 30-amp contactors
4 On-Off-Auto (OOA) switches
Warranty
Musco’s Constant 25™ product assurance and warranty program that eliminates 100% maintenance costs for 25 years, including labor, materials, monitoring and guaranteed light levels.
ATTACHMENT 2
488
M-1911-enUS-10 Tewinkle Park Tennis , Project # 215837 Project Submittal: Bill of Materials
Equipment Description
46 Light-Structure System™ Total Light Control™ TLC-LED-550 luminaires 2 Light-Structure System™ Total Light Control™ TLC-LED-900 luminaires 14 50’ galvanized steel poles
14 Pre-cast concrete foundations (9,500 PSI) with integrated grounding Controls
2 24” X 72” Control and monitoring cabinet
Warranty
Musco’s Constant 25™ product assurance and warranty program that eliminates 100% maintenance costs for 25 years, including labor, materials, monitoring and guaranteed light levels.
ATTACHMENT 2
489
CITY OF COSTA MESA
ORANGE COUNTY, CALIFORNIA
NOTICE TO BIDDERS, PROPOSAL, CONTRACT, AND
SPECIAL PROVISIONS FOR
LED LIGHTING INSTALLATION AT CITY PARKS
AND ATHLETIC FACILITIES PROJECT
CITY PROJECT NO. 23-09
Prepared Under the Direction of
Seung Yang, P.E.
City Engineer
Copy No. ___________ Checked by ATTACHMENT 2
490
i
TABLE OF CONTENTS
PAGE NUMBER
TABLE OF CONTENTS .............................................................................................................. i NOTICE INVITING BIDS ............................................................................. N-1 THRU N-2 INFORMATION FOR BIDDERS ............................................................... B-1 THROUGH B-6 BID SCHEDULE AND PROPOSAL ........................................................ P-1 THROUGH P-11 GENERAL PROVISIONS ............................................................................ GP-1 THROUGH GP-26
TECHNICAL PROVISIONS
MISCELLANEOUS CONTRACT DOCUMENTS
PROJECT LOCATION MAP
ATTACHMENT 2
491
N-1
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:
LED LIGHTING INSTALLATION AT CITY PARKS AND ATHLETIC FACILITIES PROJECT, CITY PROJECT NO. 23-09
1. BID SUBMISSION AND OPENING: Bids must be submitted electronically via the City of Costa Mesa’s PlanetBids portal before the deadline of 3:00 P.M., Thursday, November 9, 2023, 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 all labor, parts, materials, equipment, deliveries, setup, mobilization, etc., to fully install and operate City-furnished light-emitting diode (LED) lights at the following City parks and athletic facilities: Bark Park, Jack R.
Hammett Sports Complex, Costa Mesa Tennis Center, and the TeWinkle Park Athletic Complex.
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.
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: NONE.
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.
5. BID SECURITY: Each bidder must submit an original 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 was received by the City Clerk prior to the bid submission deadline. NO electronic bid securities through e-mail or other electronic means will be accepted.
6. CONTRACTOR’S LICENSE: A valid California Contractor's License Class “C-10” (Electrical Contractor) 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 ATTACHMENT 2
492
N-2
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 wages, 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 Relations’ 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. Securities 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 orientation, 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.
13. ADDITIONAL REQUIREMENTS: This project is subject to local, State, and Federal regulations and requirements, as detailed in the bid documents, including economic sanctions against the Russian Federation.
For all inquiries, please contact Rob Ryan, Maintenance Services Manager, Public Works Department, via e-mail at [email protected].
Brenda Green, City Clerk
City of Costa Mesa
Dated: October 5, 2023
ATTACHMENT 2
493
Project and Specification No. 23-09
B-1
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.
2. QUALIFICATION OF BIDDERS: Each Bidder shall submit a list of Construction Project References indicating Public Works and/or similar construction projects completed or in progress within the last 24 months. Forms for this purpose are furnished with the bid package.
3. BID SECURITY / BID BOND: Each bid shall be accompanied by either cash, cashier's check made payable to the City, a certified check made payable to the City, or a bidder's bond executed by an admitted surety insurer, made payable to the City, in an amount not less than 10% of the maximum amount of the bid. The Bidder’s Bond shell 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 shall execute the contract if it be awarded to him in conformity with the Contract Documents and shall provide the surety bond or bonds as specified therein within fourteen (14) days after a written Notice of Intent to Award Contract is deposited in the mail. NO electronic bid securities through e-mail or other electronic means will be accepted.
4. NONCOLLUSION AFFIDAVIT: Each bid shall be accompanied by a notarized Noncollusion Affidavit on a form which is included in the Contract Documents.
5. SIGNATURE: Via the PlanetBids platform, the 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 must 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.
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.
ATTACHMENT 2
494
Project and Specification No. 23-09
B-2
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 with the conditions relating to the construction and labor so that he may fully understand the facilities, difficulties, and restrictions attending the execution of the work under the contract. Bidders shall thoroughly examine and be familiar with the drawings 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 bidder from any obligation with respect to his bid or to the contract. The submission of a bid shall be taken as prima facie evidence of compliance with this section.
ATTACHMENT 2
495
Project and Specification No. 23-09
B-3
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 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-6) Any interpretation or correction of the Contract Documents will be made only by addendum duly issued and a copy of such addendum will be mailed or delivered to each person receiving a set of the Contract Documents. No person is authorized to make any oral interpretation of any provision in the Contract Documents to any Bidder, and no Bidder is authorized to rely on any such unauthorized oral interpretation.
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 Documents 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: Questions regarding the bid documents (i.e.
Plans, Specifications, Contract Documents, Bid Forms, etc.) will be received by the Engineer up to five (5) working days prior to the bid opening as specified in the Notice Inviting Bids. Questions asked of the Engineer after this time will not be addressed.
18. EQUIVALENT MATERIALS: Requests for the use of equivalents to those specified, must be submitted to the City. Only substitutions approved prior to bid due date via addenda Product Substitutions, will be considered. No substitutions will be considered after bid due date and contract award. It is the sole responsibility of the successful bidder to prove to the City that such a material is truly an equivalent.
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, agree 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.
ATTACHMENT 2
496
Project and Specification No. 23-09
B-4
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, religious creed, sex, age, or marital status. The Contractor agrees to comply with applicable Federal and California laws including, but not limited to, the California Fair Employment Practice Act, beginning with Government Code Section 12900, and Labor Code Section 1735. In addition, the Contractor agrees to require like compliance by any subcontractors employed on the work by him/her.
22. DRUG-FREE WORKPLACE POLICY: Contractor, upon notification of contract award, shall establish a Drug-Free Awareness Program to inform employees of the dangers of drug abuse in the workplace, the penalties that may be imposed upon employees for drug abuse violations occurring in the workplace, and the employee assistance programs available to employees. Each employee engaged in the performance of a City contract must be notified of this Drug-Free Awareness Program, and must abide by its terms. Contractor shall conform to all the requirements of City's Policy No. 100-5. Failure to establish a program, notify employees, or inform the City of a drug-related workplace conviction will constitute a material breach of contract and cause for immediate termination of the contract by the City.
23. BID PROTEST PROCEDURES: Any bid protest must be submitted in writing before 5:00 PM of the 5th 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 bid 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 controversy 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 resolution of disputes and protests between the parties. The Disputed Work will be categorized as an “unresolved dispute” and ATTACHMENT 2
497
Project and Specification No. 23-09
B-5
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 Section 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.
ATTACHMENT 2
498
Project and Specification No. 23-09
B-6
REQUEST FOR INTERPRETATION OF CONTRACT DOCUMENTS
Date:
Time:
Company:
Contact Person:
Address:
Telephone: FAX:
Plan Sheet:
Specification Section:
INTERPRETATION REQUESTED:
REPLY:
T0 A/E:
ATTACHMENT 2
499
P-1 BID PROPOSAL
PROPOSAL
FOR THE
LED LIGHTING INSTALLATION AT CITY PARKS
AND ATHLETIC FACILITIES PROJECT,
CITY PROJECT NO. 23-09
The Honorable City Council
City of Costa Mesa
77 Fair Drive
Costa Mesa, CA 92626
Dear Council Members:
In compliance with the NOTICE INVITING BIDS FOR THE LED LIGHTING
INSTALLATION AT CITY PARKS AND ATHLETIC FACILITIES PROJECT, CITY PROJECT NO. 23-09, a copy which is hereto attached, the undersigned has carefully examined the location of the proposed Work, the Plans, Specifications and other Contract Documents and is therefore satisfied as to the conditions to be encountered, as to the character, quality and quantity of work to be performed and materials to be furnished and as to the requirements of the specifications and the Contract. It is mutually agreed that the submission of a proposal shall be considered prima facie evidence that the BIDDER has made such examination.
If awarded the Contract, the undersigned agrees to commence the Work under the Contract WITHIN TEN (10) WORKING DAYS AFTER DATE OF CONTRACT, AND COMPLETE SAID WORK WITHIN FORTY (40) WORKING DAYS from the first day of commencement of such work unless legal extension is granted in accordance with the terms set forth in the specifications, and to perform and complete the Work as shown on the Plans and in accordance with the Specifications and other Contract Documents, and to furnish all labor, materials, tools and equipment necessary to complete the Work in-place therefor, in the manner and time herein prescribed at the following prices, to wit:
ATTACHMENT 2
500
P-1c
___________________________________________________________________ ___________________________________________________________________ The award of the Contract shall be based on the lowest responsive Bid amount, and the City reserves the right to delete one or more bid items and/or to increase and/or to decrease bid items’ quantities.
The CITY also reserves the right to reject all Bids.
_____________
Bidder's Initials
BID SCHEDULE PROPOSAL
ITEM
# BID ITEM DECRIPTION QTY. UNIT
UNIT
PRICE
(in figures)
ITEMS
TOTAL
(in figures)
LED LIGHTING INSTALLATION AT CITY PARKS AND ATHLETIC FACILITIES:
1 All Labor, Parts, Materials, Equipment,
Deliveries, Setup, Mobilization, etc., to Fully
Install and Operate City-Furnished Light-
Emitting Diode (LED) Lights at the Following
City Parks and Athletic Facilities: Bark Park,
Jack R. Hammett Sports Complex, Costa
Mesa Tennis Center, and the TeWinkle Park
Athletic Complex
1 L.S.
TOTAL BID PROPOSAL FIGURES: $
TOTAL BID PROPOSAL (Words):
P-1a
ATTACHMENT 2
501
P-1c
PROPOSAL BID SCHEDULE
(CONTINUED)
NOTES:
1. The accuracy of estimate quantities as shown is not guaranteed; the Bidder shall make his/her own estimate from the drawings and field review for verification. If the unit price and the total amount are different, the unit price will control the bid. Payment shall be based on actual work done and/or actual quantities used.
2. The City reserves the right to delete one or more bid items and/or to increase or decrease bid items’ quantities, at no additional cost to the City.
3. FA designates force account. Payment shall be made on a time and materials basis, only if directed by the ENGINEER.
4. (F) Designates Final Pay Item. When an item of work is designated as “FINAL PAY ITEM” in the Specifications, the estimated quantity for that item of work shall be the final pay quantity, unless the dimensions of any portion of that item are revised by the Engineer, or the item or any portion of the item is eliminated. If the dimensions of any portion of the item are revised, and the revisions result in an increase or decrease in the estimated quantity of that item of work, the final pay quantity for the item will be revised in the amount represented by the changes in the dimensions. If a final pay item is eliminated, the estimated quantity for the item will be eliminated. If a portion of a final pay item is eliminated, the final pay quantity will be revised in the amount represented by the eliminated portion of the item of work.
The estimated quantity for each item of work designated as “FINAL PAY ITEM” in the Specifications, shall be considered as approximate only, and no guarantee is made that the quantity which can be determined by computations, based on the details and dimensions shown on the plans, will equal the estimated quantity. No allowance will be made in the event that the quantity based on computations does not equal the estimated quantity.
In case of discrepancy between the quantity shown in the Engineer’s Estimate for a final pay item and the quantity or summation of quantities for the same item shown on the plans, payment will be based on the quantity shown in the Engineer’s Estimate.
5. Bidder declares that it has read and understands Items 14 & 15 of Information for Bidders (Page B-2 and B-3).
6. Bidder agrees to initial or notarize (if applicable) all pages on P-1, P-1a, P-1b, P1-c, and through P-11 uploaded onto PlanetBids.
_____________
Bidder's Initials
P-1b
ATTACHMENT 2 502
Project and Specification No. 23-09
P-2 PROPOSAL SCHEDULE
PROPOSAL SCHEDULE
(CONTINUED)
(Please Type or Print)
Total Amount for Base Bid (in written words)
($ )
in figures
Contractor's Lawful Name: _______________________________________________ Bidder's Name: Bidder's Initials:
Contractor's License No. Expiration:
Contractor's Taxpayer I.D. Number:
Contractor's DIR Registration Number:
Signature: Date:
Contractor's Address:
Telephone Number:( ) Mobile No.:( ) ___________ Fax Number: ( ) E-mail:
24-Hour Emergency Contacts:
Telephone Number: ( )
Name
Mobile No.: ( ) ________________
Telephone No.: ( )
Name
Mobile No.: ( ) ________________
Telephone No.: ( )
Name
Mobile No.: ( ) ________________
_____________
Bidder's Initials
ATTACHMENT 2
503
Project and Specification No. 23-09
P-2a PROPOSAL SCHEDULE
PROPOSAL SCHEDULE
(CONTINUED)
The Contractor agrees that the City will not be held responsible if any of the approximate quantities shown in the foregoing proposal shall be found incorrect, and he shall not make any claim for damages or for loss of profits because of a difference between the quantities of the various classes of work as estimated and the work actually done. If any error, omission or misstatements shall be discovered in the estimated quantities, it shall not invalidate this contract or release the Contractor from the execution and completion of the whole or part of the work herein specified, in accordance with the specifications and the plans herein mentioned and the prices herein agreed upon and fixed therefore, or excuse him from any of the obligations or liabilities hereunder, or entitle him to any damages or compensation otherwise than as provided for in this contract.
The Contractor agrees that the City shall have the right to increase or decrease the quantity of any bid item or portion of the work or to omit portions of the work as may be deemed necessary or expedient, and that the payment for incidental items or work, not separately provided in the proposal shall be considered included in the price bid for other various items or work.
Accompanying this proposal is "Cash," "Certified Check," or "Bidder's Bond" (circle one) in the amount of
($ ) equal to at least ten (10%) percent of the total bid price, payable to the City of Costa Mesa, to guarantee that within fourteen (14) days after written notice is deposited in the mail, or the bidder has received notice by telephone, the bidder will furnish proper Certificates of Insurance, and required bonds satisfactory to the City and execute a contract in accordance with the proposal and in the manner and form required by the contract documents.
The undersigned deposits the above-named security as a proposal guarantee and agrees that it shall be forfeited to the City of Costa Mesa as Liquidated Damages if the above requirements are not complied with.
_____________
Bidder's Initials
ATTACHMENT 2
504
Project and Specification No. 23-09
P-3 PROPOSAL SCHEDULE
Respectfully Submitted,
Contractor's Business Name Contractor Title Business Address: Street Singed By Title City State Zip Contractor's License No. and Classification Exp. Date Business Phone Number Date
Name Title Residence: Street
City State Zip Residence phone Number If the bid is by a corporation, state the names of the officers who can sign an agreement on behalf of the corporation and whether more than one officer must sign.
Corporation Taxpayer I.D. Number:
Can Sign Must Sign
Name
Name
Name
If the bid is by a partnership or a joint venture, state the names and addresses of all general partners and joint ventures.
Partnership or Joint Ventures Taxpayer I.D. Number:
Name
Address
Name
Address
If the bidder is a sole proprietorship or another entity that does business under a fictitious name, the bid shall be in the real name of the bidder with a designation following showing "DBA (the fictitious name)"; provided, however, no fictitious name shall be used unless there is a current registration with the Orange County Recorder.
The full names and residences of all persons and parties interested in the foregoing proposal, as principals, are as follows:
NOTE: Give first and last names in full; in case of corporation, give names of President, Secretary, Treasurer and Manager, and affix corporate seal; in case of partnerships and joint ventures, give names of all the individual members. _____________
Bidder's Initials
ATTACHMENT 2
505
Project and Specification No. 23-09
P-4 CONSTRUCTION REFERENCES
Bidder shall signify receipt of all Addenda here, if any:
Addendum No. Date Received Bidder's Signature
CONSTRUCTION PROJECT REFERENCES
In order to more fully evaluate your firm’s background and experience for the project herein proposed, it is requested that you submit a list of Public Works and/or similar construction projects completed, or in progress, within the last 24 months. This information will be used to evaluate whether the bid is responsive and or responsible to the call for bids.
Date Project Awarded
Awarding Agency Agency's Contract
Administrator Contact
Information
____________
Bidder's Initials
ATTACHMENT 2
506
Project and Specification No. 23-09
P-5 SUBCONTRACTOR DESIGNATION
DESIGNATION OF SUBCONTRACTORS
In compliance with the "Subletting and Subcontracting Fair Practices Act" being Sections 4100-4113 of the Public Contract Code of the State of California, and any amendments thereto, each bidder shall set forth below the name and location of the place of business of each subcontractor who will perform work or labor or render service to the prime contractor in or about the construction of the work or improvement in an amount in excess of one-half (½) of one percent (1%) of the prime contractor's total bid or in the case of bids for the construction of streets or highways, including bridges, in excess of one-half (½) of one percent (1%) of the prime contractor’s total bid or ten thousand ($10,000) dollars, whichever is greater. Bidder shall further set forth the portion of the work, which will be done by each such subcontractor with its Department of Industrial Relations (DIR) registration number. Only one subcontractor for each such portion shall be listed.
If the contractor fails to specify a subcontractor for any portion of the work to be performed under the contract, he/she/it shall be deemed to have agreed to perform the balance of all work, which is not covered, and he/she/it shall not be permitted to subcontract that portion of the work except under the conditions hereinafter set forth.
Subletting or subcontracting of any portion of the work to which no subcontractor was designated in the original bid, shall only be permitted in cases of public emergency or necessity, and then only after a finding reduced to writing as a public record of the Legislative Body of the Owner.
All information must be filled out and typed. Please use additional pages in this format if needed.
Bid
Item (s)
Number
%
Portion
of Work
Name, Address and E-mail of
Subcontractor
State License
Number
Class DIR Registration
Number
By submission of this proposal, the Bidder certifies:
1. That (I)(we)(it) is able to and will perform the balance of all work which is not covered in the above subcontractors listing.
2. That the AGENCY will be furnished copies of all subcontracts entered into by subcontractor for this project.
_____________
Bidder's Initials
ATTACHMENT 2
507
Project and Specification No. 23-09
P-6 BIDDERS BOND
BIDDER'S BOND TO ACCOMPANY PROPOSAL
(Required if the bidder desires to submit bond instead of a certified or cashier's check.) KNOW ALL PEOPLE BY THESE PRESENTS:
That we, as
principals, and _______________________________________________________ as surety, are held and firmly bound unto the City of Costa Mesa, a municipal corporation, organized under the laws of the State of California and situated in Orange County in the sum of ________________________________________________ ($_____________) to be paid to the City, its successors and assigns, for which payment well and truly to be made, we bind ourselves, our heirs, executors, and administrators, successors or assigns, jointly and severally firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH,
That is the certain proposal of the above bounden, _____________________, if accepted by the City of Costa Mesa, and if the above bounden, ________________________________________, his heirs, executors, administrators, successors and assigns, shall duly enter into and execute a contract for such construction, and shall execute and deliver the CERTIFICATE OF INSURANCE and the LABOR AND MATERIAL and the FAITHFUL PERFORMANCE BONDS described within fourteen (14) days from the date of the mailing of a notice of the above bounden, _________________________________________________, by and from the City, that said contract is ready for execution, then this obligation shall become null and void; otherwise it shall be and remain in full force and virtue.
IN WITNESS WHEREOF:
We hereunto set our hands and seals this _____ day of _____________, 20__. _______________________________ _______________________________ ________________________________ _______________________________ ________________________________ _______________________________ Contractor/ Principal Surety/Power of Attorney
(Notary Acknowledgement to be attached) (Notary Acknowledgment to be attached) _____________
Bidder's Initials
ATTACHMENT 2
508
Project and Specification No. 23-09
P-7 CONTRACT ASSURANCE
CONTRACT ASSURANCE
The CONTRACTOR or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The CONTRACTOR shall carry out applicable requirements of 49 CFR part 26 in the award and administration of DOT-assisted contracts. Failure by the CONTRACTOR to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as recipient deems appropriate.
The CONTRACTOR will require that the above provision is included in all subcontracts. _____________
Bidder's Initials
ATTACHMENT 2
509
Project and Specification No. 23-09
P-8 NONCOLLUSION AFFADAVIT
NONCOLLUSION AFFIDAVIT
The bidders, by its officers and agents or representatives present at the time of filing this bid, being duly sworn on their oaths say, that neither they nor any of them have in any way directly or indirectly entered into any arrangement or agreement with any other bidder, or with any public officer of such CITY OF COSTA MESA whereby such affiant or affiants or either of them has paid or I s to pay to such bidder or public officer any sum of money, or has given or is to give to such other bidder or public officer anything of value whatever, or such affiant or affiants or either of them has not directly or indirectly, entered into any arrangement or agreement with any other bidder or bidders, which tends to or does lessen or destroy free competition in the letting of the contract sought for on the attached bids; that no bid has been accepted from any subcontractor or supplier through any bid depository, the By-Laws, Rules, or Regulations of which prohibit or prevent the Contractor from considering any bid from any subcontractor or supplier which is not processed through said bid depository, or which prevent any subcontractor or supplier from bidding to any Contractor who does not use the facilities or accept bids from or through such bid depository; that bidder has not bid as subcontractor to other bidders; that no inducement of any form or character other than that which appears upon the face of the bid will be suggested, offered, paid or delivered to any person of the contract, nor has this bidder any agreement or understanding of any kind whatsoever, with any person whomsoever to pay, deliver to, or share with any other person in any way or manner, any of the proceeds of the contracts sought by this bid.
_______________________________
Contractor Firm Name
_______________________________
Name of Principal
_______________________________
Title
_______________________________
Signature
Subscribed and sworn to before me by:
_________________________________
This ____ day of _____________, 20___.
My Commission Expires: ____________
Notary Public Bidder's Initials
ATTACHMENT 2
510
Project and Specification No. 23-09
P-9 WORKERS’ COMPENSATION INSURANCE
CONTRACTOR'S CERTIFICATION
OF
WORKERS' COMPENSATION INSURANCE REQUIREMENTS
FOR
PUBLIC WORKS PROJECTS
(Labor Code §1861)
I am aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this contract.
Dated:
CONTRACTOR
Company Name
PROJECT: LED LIGHTING INSTALLATION AT CITY PARKS
AND ATHLETIC FACILITIES PROJECT,
CITY PROJECT NO. 23-09
_____________
Bidder's Initials
ATTACHMENT 2
511
Project and Specification No. 23-09
P-10 DRUG-FREE WORKPLACE
DRUG-FREE WORKPLACE POLICY
CONTRACTOR, upon notification of contract award, shall establish a Drug-Free Awareness Program to inform employees of the dangers of drug abuse in the workplace, the penalties that may be imposed upon employees for drug abuse violations occurring in the workplace, and the employee assistance programs available to employees. Each employee engaged in the performance of a CITY contract must be notified of this Drug- Free Awareness Program, and must abide by its terms. Failure to establish a program, notify employees, or inform CITY of a drug-related workplace conviction will constitute a material breach of contract and cause for immediate termination of the contract by CITY.
CONTRACTOR shall conform to all the requirements of CITY'S Policy No. 100-5.
A copy of this policy is attached to the sample contract agreement as an attachment in the Project Specifications.
_____________
Bidder's Initials
ATTACHMENT 2
512
Project and Specification No. 23-09
P-11 CAMPAIGN CONTRIBUTION DISCLOSURE
BIDDER/APPLICANT/CONTRACTOR CAMPAIGN
CONTRIBUTION DISCLOSURE FORM
Proposer/Consultant/Applicant is required to identify any campaign contribution or cumulative contributions greater than $249 to any city council member in the twelve months prior to submitting an application, proposal, statement of qualifications or bid requiring approval by the City Council.
Date Name of Donor
Company/Business
Affiliation
Name of
Recipient Amount
Except as described above, I/we have not made any campaign contribution in the amount of $250 or more to any Costa Mesa City Council Member in the twelve months preceding this Application/Proposal.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Bidder/Applicant/Proposer
Date
_____________
Bidder's Initials
ATTACHMENT 2
513
(GENPROVS)
GP-1
GENERAL PROVISIONS
SECTION 1 – GENERAL
1-2 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 amendments thereto, adopted by the Joint Cooperative Committee of Southern California Chapter, American Public Works Association, Southern California District and Associated Contractors of California; hereinafter referred to as Standard Specifications, are adopted as the "Standard Specifications of the City of Costa Mesa" and shall be considered as a part of these specifications. 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 in 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 the State of California, Department of Transportation, Division of Highways," "Standard Plans of the Orange County Environmental Management Agency," and "Los Angeles County Flood Control District, Design Manual, Standard Drawings" shall apply or unless otherwise 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 modifications are made to the "Standard Specifications." If there is a conflict between the "Standard Specifications" and these modifications, these modifications shall have first precedence.
ATTACHMENT 2
514
(GENPROVS)
GP-2
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:
The proposal form P-1 through P-9b, Notice Inviting
Bids, Standard Specifications, General Provisions,
Special Provisions, Plans, Bonds, Insurance
Certificates, Agreement, and all Addenda setting
forth any modifications of the documents as furth er
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, corporation, 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 address of the Contractor shall be the
address given on the Contractor's bid and is hereby
designated as the place to which all notices, letters
or other communications to the Contractor shall be
mailed or delivered.
(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 ATTACHMENT 2
515
(GENPROVS)
GP-3
1-6 BIDDING AND SUBMISSION OF THE BID
1-6.1 General
[Add the following:].
Proposal shall be made and submitted on proposal forms P-1 through P-9a in accordance with the Notice Inviting Bids. In addition to the required signatures in the spaces provided in the proposal forms, each BIDDER shall initial each sheet of the proposal forms at the bottom right hand corner.
No person, firm, partnership, corporation, or combination thereof shall be allowed to make or file or be interested in more than one bid for the same work, unless alternate bids are called for. A person, firm, partnership, corporation, or combination thereof who has submitted a sub-proposal to a BIDDER or who has quoted prices on materials to a BIDDER is not thereby disqualified from submitting a sub-proposal to or quoting prices to the other bidders. If, on the opening of bids, more than one bid appears in which the same person, firm, partnership, corporation or combination thereof is interested as a principal, all such bids shall be rejected.
Proposals with interlineations, alterations, or erasures shall be initialed by the BIDDER'S authorized agent. Alternative proposals, special conditions, or other limitations or provisions affecting the bid, except as such called for in the contract documents, will render the bid informal and may cause its rejection.
All proposals must give the prices bid for the various items of work and must be signed by the BIDDER, who shall give his address. Each bid shall have thereon the affidavit of the BIDDER that such bid is genuine and not sham nor collusive, nor made in the interest nor behalf of any other person not therein named and that the BIDDER has not directly nor indirectly induced or solicited any other BIDDER to put in a sham bid, nor induced nor solicited any person, firm, partnership, corporation, or combination thereof to refrain from bidding, and that the BIDDER has not in any manner sought by collusion to secure himself an advantage over any other BIDDER.
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 the meaning of any part of the Plans, Specification, or other proposed Contract Documents, or finds discrepancies in, or omissions from the drawings or specifications, (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 ATTACHMENT 2
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submitting such a request shall be responsible for its prompt delivery. All such interpretations of the Contract Documents will be made only by addenda duly issued, and a copy of each such addendum will be mailed or delivered to each person receiving a set of Contract Documents at (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
[Add the following:].
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
[Add the following:].
The award of contract, if awarded, will be to the lowest responsive and responsible bidder whose proposal complies with all requirements of the Notice 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 BIDDER and returned to the CITY no later than fourteen (14) days from Notice of Award of the Contract by the CITY. Failure to comply with insurance and bonding requirements as specified in the Agreement and in Section 1-7.1 of these General Provisions shall be considered grounds for the revocation and rejection of the bid and forfeiture of bid security. No proposal shall be considered binding upon the CITY until the execution of the agreement by the CITY. In case of conflict, the agreement shall have precedence over all other written specifications. 1-7.2 Contract Bonds
[Add the following:].
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 and 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.
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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. 1-8 SPECIAL PROVISIONS –
ECONOMIC SANCTIONS AGAINST THE RUSSIAN FEDERATION
EXECUTIVE ORDER N-6-22
[Add the following:].
On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. “Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law. The EO directs state agencies to terminate contracts with, and to refrain from entering any new contracts with, individuals or entities that are determined to be a target of Economic Sanctions. This Executive order extends to recipients of any State Grants (Grantee). Grantees include those who have contracted or will contract to receive State grants funds. Accordingly, should the State determine that a Grantee is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for termination of this agreement. The State shall provide the Grantee advance written notice of such termination, allowing the Grantee at least 30 calendar days to provide a written response. Termination of any contract found to be in violation of this Executive Order shall be at the sole discretion of the State.
SECTION 2 – SCOPE OF THE WORK
2-1 WORK TO BE DONE
[Replace in its entirety with the following:].
The scope of work generally consists of all labor, parts, materials, equipment, deliveries, setup, mobilization, etc., to fully install and operate City-furnished light-emitting diode (LED) lights at the following City parks and athletic facilities: Bark Park, Jack R. Hammett Sports Complex, Costa Mesa Tennis Center, and the TeWinkle Park Athletic Complex, and as shown on the Plans and specified within these Contract Documents. The CONTRACTOR shall furnish all labor, materials, tools, equipment and incidentals necessary to perform and complete the Work as shown on the Plans and these Contract Documents, and to the satisfaction of the ENGINEER.
2-2 PERMITS
[Add the following:].
All permits and licenses shall be obtained in sufficient time to prevent delays to the work.
In the event that the CITY has obtained permits, licenses or other authorizations applicable to the work, the Contractor shall comply with the provisions of said permits, licenses and other authorizations.
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2-5 THE CONTRACTOR’S EQUIPMENT AND FACILITIES
2-5.1 General
[Add the following:].
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
[Add the following:].
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 or the Irvine Ranch 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.
2-5.4 Haul Routes
[Add the following:].
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.
Waste Hauler Requirements
The California Green Building Standards Code, 2016 Edition, California 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 construction 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, excavated 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:
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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 INITATED BY THE AGENCY
2-7.1 GENERAL
[Add the following:].
ENGINEER shall be the duly authorized officer of the CITY who may grant the changes prescribed in this section.
2-8 EXTRA WORK
[Add the following:].
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
[Add the following:].
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.
SECTION 3 – CONTROL OF THE WORK
3-1 ASSIGNMENT
[Replace the 1 st sentence with the following:].
No contract or portion thereof may be assigned without written consent of the BOARD. 3-4 AUTHORITY OF THE BOARD AND THE ENGINEER
[Add the following:].
When any of the various units or operations of the work have been suspended, the Contractor shall give at least 24 hours advance notice of the time when he or his subcontractor will start or resume any of such units or operations. That notice is to be given during working hours, exclusive of Saturdays, Sundays or holidays, for the purpose of permitting the ENGINEER to make necessary assignments to his representative on the work.
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Any work performed in conflict with said notice, without the presence or approval of the ENGINEER, or work covered up without notice, approval or consent may be rejected or ordered to be uncovered for examination at Contractor's expense and shall be removed at Contractor's expense, if so ordered by the ENGINEER or his representative on the work. Any unauthorized or defective work, defective material or workmanship or any unfaithful or imperfect work that may be discovered before the final payment and final acceptance of work shall be corrected immediately by the Contractor without extra charge even though it may have been overlooked in previous inspections and estimates or may have been caused due to failure to inspect the work.
All authorized alterations affecting the requirements and information given on the approved plans shall be in writing. No changes shall be made on any plan or drawing by the Contractor after the same has been approved by the ENGINEER, except by direction of the ENGINEER in writing. Deviations from the approved plans, as may be required by critical conditions of construction, must be authorized in writing by the ENGINEER.
All instructions, rulings and decisions of the ENGINEER shall be in writing and are binding on all parties unless a formal protest is made as provided in the following paragraph:
If the Contractor considers any work demanded of him to be outside the requirements of the contract, or if he considers any instruction, ruling or decision of the ENGINEER or ENGINEER'S representative to be unfair, the Contractor shall, within ten (10) days after any such demand is made, or instruction, ruling or decision is given, file a written protest with the ENGINEER, stating 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 for extra work, damages and extensions of time on account of demands, instructions, rulings and decisions of the ENGINEER.
Upon receipt of any such protest from the Contractor, the ENGINEER shall review the demand, instruction, ruling or decision objected to and shall promptly advise the Contractor, in writing, of his final decision, which shall be binding on all parties, unless within the ten (10) days thereafter the Contractor shall file with the BOARD a formal protest against said decision of the ENGINEER. The BOARD shall consider and render a final decision on any such protest within thirty (30) days of receipt of same. If the BOARD fails to consider and render a final decision on any such protest within thirty (30) days of receipt of the same, the protest shall be deemed denied. 3-5 INSPECTION
[Add the following:].
If the Contractor requests and receives approval from the ENGINEER to receive inspection services from the CITY outside of a normal eight (8) hour day/forty (40) hour work week or on Saturday, Sunday, or CITY holidays, the Contractor shall arrange with the CITY and ENGINEER for the special inspection services and Contractor shall pay for such special inspection services at a fee established by the ENGINEER to defray the cost for such service.
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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 manner, 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
[Add the following:].
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 plans and specifications and other related documents.
3-7 CONTRACT DOCUMENTS
3-7.1 General
[Add the following:].
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 ATTACHMENT 2
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Contractor shall apply to the ENGINEER for such further explanations as may be necessary and shall conform to such explanation or interpretation as part of the Contract.
All scaled dimensions are approximate. Before proceeding with the work, the Contractor shall carefully check and verify all dimensions and quantities and shall immediately inform the ENGINEER or his representative of any discrepancies. 3-10 SURVEYING
[Replace with the following:].
3-10.1 General
The Contractor will perform and be responsible for the accuracy of setting 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 such 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, at 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.
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
[Replace 2 nd paragraph with the following:].
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 working day to keep paved areas in the Work zone and along all haul routes acceptably clean whenever construction, including restoration, is incomplete.
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3-12.2 Air Pollution Control
[Add the following:].
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 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 work 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. 3-12.4.1 General
[Add the following:].
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
[Add the following:].
Discharge of storm water from construction sites that disturb 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 Santa Ana Regional Water Quality 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 necessary 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 disturbances 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 ATTACHMENT 2
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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)
[Add the following:].
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 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.
Payment for furnishing, installing and maintaining BMPs 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)
[Add the following:].
If a General 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 discharge reports, Ad- Hoc reports, Annual Reports, post construction BMPs and other requirements of the SWPPP.
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The completed SWPPP must be signed by a QSD (Qualified SWPPP Developer). The completed SWPPP must be submitted to the resident engineer for City 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 Practitioner). 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 personnel 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 assessed 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 Contractor 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.
3-12.6.4 Dewatering
[Add the following:].
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 below 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. 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.
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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 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. 3-13.3 WARRANTY
[Replace 2 nd sentence of 1st paragraph with the following:].
The warranty period shall start on the date the Work is accepted by the Board.
SECTION 4 – CONTROL OF MATERIALS
4-4 TESTING
[Add the following:].
All tests of materials furnished by the Contractor 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 inspection 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 material 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 RESPONSIBILITIES
5-1 LAWS AND REGULATIONS
[Add the following:].
The Contractor shall protect and indemnify the CITY, the BOARD, the ENGINEER, and all of its or their officers, agents and servants against any claim or liability arising from or based on the violation of any existing or future State, Federal and local laws, ordinances, regulations, orders or decrees, whether by himself or his employees. If any discrepancy or inconsistency is discovered in the plans, drawings, specifications or contract for the work in relation to any such law, ordinance, regulation, order or decree, the Contractor shall forthwith report the same to the ENGINEER in writing. 5-2 SPECIAL NOTICES
[Add the following:].
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
[Add the following:].
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 preceding 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
[Replace with the following:].
Attention is directed to the provisions of Sections 1777.5 and 1777.6 of the Labor Code concerning the employment of apprentices by the Contractor or any subcontractor under 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 Division of Apprenticeship Standards and its branch offices.
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5-4 INSURANCE
[Replace with the following:].
The minimum amounts and types of insurance coverages are as stated in the Agreement (sample copy attached). Prior to bid submittal the BIDDER shall keep fully informed of the latest insurance requirements of the City of Costa Mesa and shall comply with all other provisions of Section 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 canceled nor the coverage reduced, until thirty (30) days after written notice is given to City."
3. Other Insurance
"Any other insurance maintained by the City of Costa Mesa shall be excess and not contributing with the insurance provided by this policy." If any of such policies provide for a deductible or self-insured retention to provide such coverage, the amount of such deductible or self-insured retention shall be approved in advance by City. No policy of insurance issued as to which the City is an additional insured shall contain a provision which requires that no insured except the named insured can satisfy any such deductible or self-insured retention. 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.
ATTACHMENT 2
530
(GENPROVS)
GP-18
5-7.8 Steel Plate Covers
5-7.8.1 General
[Add the following:].
All steel plate covers utilized 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.
SECTION 6 – PROSECUTION AND PROGRESS OF THE WORK
6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF THE WORK 6-1.1 Construction Schedule
[Replace the 1 st 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 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 the 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 and 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.
ATTACHMENT 2
531
(GENPROVS)
GP-19
[Add the following:].
6-1.3 DAILY REPORT SUBMITTAL
Contractor shall submit daily reports to the CITY at the end of each working day. All forms shall be provided by the CITY. Any cost for this item shall be included in the various items of work and no other compensation will be allowed.
6-3 TIME OF COMPLETION
6-3.1 General
[Replace the 1 st 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 and Contractor within a written Notice-to-Proceed. The Work shall be completed within FORTY (40) 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 1 st 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 correction 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.
ATTACHMENT 2
532
(GENPROVS)
GP-20
6-9 LIQUIDATED DAMAGES
[Replace the 1 ST Paragraph with the following:].
The CONTRACTOR shall pay to the CITY the sum of $1,250 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).
SECTION 7 – MEASUREMENT AND PAYMENT
7-3 PAYMENT
7-3.1 General
[Replace the 1 ST Paragraph with the following:].
Payment for the various items listed on the Bid Proposal, as further specified herein, shall constitute full compensation to the Contractor for furnishing all material, tools, equipment, supplies, and manufactured articles, and for all labor, operations, and incidentals appurtenant to the items of Work and as specified and shown on the drawings, including all costs for compliance with the regulations of public agencies having jurisdiction, including Safety and Health Requirements of the California Division of Industrial Safety and the Occupational Safety and Health Administration (OSHA) of the U.S. Department of Labor. No separate payment will be made for any item that is not specifically set forth in the Bid Proposal. Costs arising from violations of regulations will be paid by the offending party to the extent that there will be no additional cost to the CITY.
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 1 st 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 2 nd 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 payment 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.
ATTACHMENT 2
533
(GENPROVS)
GP-21
[Replace the 3 rd Paragraph in its entirety with the following:].
The amount 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 progress 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 Notice of the Completion 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 with 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 compensation 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 Final Payment shall be the entire sum found to be due the Contractor after deducting therefrom all previous payments and all amounts to be kept and all amounts to be retained under the provisions of the Contract. All prior partial estimates and payments shall be subject to correction in the final estimate and payment.
No certificate given or payment made under the Contract, except the final certificate or Final Payment, shall be conclusive evidence of full or substantial performance of this Contract; and no payment shall be construed to be an acceptance of any defective work or improper material.
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.
ATTACHMENT 2
534
(GENPROVS)
GP-22
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 shop 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.
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 properly 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 release retainage payments to each subcontractor within 7 days after the retention payment is received by the CONTRACTOR.
Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of the CITY. 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 ATTACHMENT 2
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(GENPROVS)
GP-23
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 within 7 days or the time period agreed from the 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 subcontractor(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. All materials shall be nontoxic and shall not contain asbestos and hazardous substances as established by applicable laws.
Materials delivered, but not in place, will not be classed as work done, except as otherwise provided in these Specifications.
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 costs 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 ATTACHMENT 2
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(GENPROVS)
GP-24
also apply to all non-working days during construction period. The Contractor is responsible for securing an adequate storage site for equipment and materials.
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 once 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 inconveniences to the residents and businesses, the contractor shall construct the Project and sequence the work where no two adjacent streets are closed at one time, and/or the nearest parking is no more than 300’ from the intersection of the street being closed to traffic. The Contractor shall maintain adjacent streets open for ingress and egress and for parking.
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 of payroll taxes; workers compensation insurance; liability insurance; health and welfare; pension; vacation; apprenticeship funds; other direct costs resulting from Federal, State, or local laws; and for assessments or benefits required by lawful collective bargaining agreements to be applied to the actual cost for wages shall be 23 percent for regular time and overtime.
ATTACHMENT 2
537
(GENPROVS)
GP-25
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 percent 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 7-4.3.1 shall be applied to the Subcontractor’s actual cost of such work. A markup of five (5) percent on the first $5,000 of the subcontracted portion of the extra work and a markup of five (5) percent on work added in excess of $5,000 of the subcontracted portion of the extra 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 has 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 ATTACHMENT 2
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(GENPROVS)
GP-26
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.
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 conference 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 within 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 matter 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 requirement to mediate, but cannot otherwise waive these claim procedures.
ATTACHMENT 2
539
TECHNICAL PROVISIONS
FOR
BARK PARK,
JACK R. HAMMETT SPORTS COMPLEX,
COSTA MESA TENNIS CENTER,
AND THE
TeWINKLE PARK ATHLETIC COMPLEX
ATTACHMENT 2
540
This information is provided by Musco exclusively for this project. Reproduction or distribution of the enclosed documents or information without the written permission of Musco Sports Lighting, LLC is prohibited.
M-1995-enUS-5
LIGHTING SPECIFICATION
PREPARED FOR
Tewinkle Park Bark Park
LED Lighting Project
Costa Mesa, CA
September 14, 2023
Project # 215827
SUBMITTED BY:
Musco Sports Lighting, LLC
2107 Stewart Road
PO Box 260
Muscatine, Iowa 52761
Local Phone: 563/263-2281
Toll Free: 800/756-1205
Fax: 800/374-6402
TECHNICAL SPECIFICATIONS FOR BARK PARK
ATTACHMENT 2
541