Agenda packet — Costa Mesa City Council, March 19, 2024 (part 1 of 3)

CITY OF COSTA MESA
REGULAR CITY COUNCIL AND HOUSING AUTHORITY*
Agenda
City Council Chambers
77 Fair Drive
6:00 PMTuesday, March 19, 2024
*Note: All agency memberships are reflected in the title "Council Member" 4:00 P.M. Closed Session
The City Council meetings are presented in a hybrid format, both in-person at City Hall and as a courtesy virtually via Zoom Webinar. If the Zoom feature is having technical difficulties or experiencing any other critical issues, and unless required by the Brown Act, the meeting will continue in person.

TRANSLATION SERVICES AVAILABLE / SERVICIOS DE TRADUCCIÓN DISPONIBLE Please contact the City Clerk at (714) 754-5225 to request language interpreting services for City meetings. Notification at least 48 hours prior to the meeting will enable the City to make arrangements.

Favor de comunicarse con la Secretaria Municipal al (714) 754-5225 para solicitar servicios de interpretación de idioma para las juntas de la Ciudad. Se pide notificación por lo mínimo 48 horas de anticipación, esto permite que la Ciudad haga los arreglos necesarios.

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

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Agenda March 19, 2024
As a courtesy, the public may participate via the Zoom option.

Zoom Webinar: (For both 4:00 p.m. and 6:00 p.m. meetings) Please click the link below to join the webinar:
https://us06web.zoom.us/j/81879579049?
pwd=_XoNBT2uciL7zrDsfj4A9Q9srLgExg.bQEU-le6VvXjPDeL
Or sign into Zoom.com and “Join a Meeting”
Enter Webinar ID: 818 7957 9049/ Password: 608584
• If Zoom is not already installed on your computer, click “Download & Run Zoom” on the launch page and press “Run” when prompted by your browser. If Zoom has previously been installed on your computer, please allow a few moments for the application to launch automatically.
• Select “Join Audio via Computer.”
• The virtual conference room will open. If you receive a message reading, “Please wait for the host to start this meeting,” simply remain in the room until the meeting begins.
• During the Public Comment Period, use the “raise hand” feature located in the participants’ window and wait for city staff to announce your name and unmute your line when it is your turn to speak. Comments are limited to 3 minutes, or as otherwise directed.

Participate via telephone: (For both 4:00 p.m. and 6:00 p.m. meetings) Call: 1 669 900 6833 Enter Webinar ID: 818 7957 9049/ Password: 608584 During the Public Comment Period, press *9 to add yourself to the queue and wait for city staff to announce your name/phone number and press *6 to unmute your line when it is your turn to speak. Comments are limited to 3 minutes, or as otherwise directed.

Note, if you have installed a zoom update, please restart your computer before participating in the meeting.

Additionally, members of the public who wish to make a written comment on a specific agenda item, may submit a written comment via email to the City Clerk at [email protected].

Comments received by 12:00 p.m. on the date of the meeting will be provided to the City Council, made available to the public, and will be part of the meeting record.

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

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Note that records submitted by the public will not be redacted in any way and will be posted online as submitted, including any personal contact information. All pictures, PowerPoints, and videos submitted for display at a public meeting must be previously reviewed by staff to verify appropriateness for general audiences. No links to YouTube videos or other streaming services will be accepted, a direct video file will need to be emailed to staff prior to each meeting in order to minimize complications and to play the video without delay. The video must be one of the following formats, .mp4, .mov or .wmv. Only one file may be included per speaker for public comments, for both videos and pictures. Please e-mail to the City Clerk at [email protected] NO LATER THAN 12:00 Noon on the date of the meeting. If you do not receive confirmation from the city prior to the meeting, please call the City Clerks office at 714-754-5225.

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

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

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

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

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

For your convenience, a binder of the entire agenda packet will be at the table in the foyer of the Council Chambers for viewing. Agendas and reports can be viewed on the City website at https://costamesa.legistar.com/Calendar.aspx.

In compliance with the Americans with Disabilities Act, Assistive Listening headphones are available and can be checked out from the City Clerk. If you need special assistance to participate in this meeting, please contact the City Clerk at (714) 754-5225. Notification at least 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. [28 CFR 35.102.35.104 ADA Title II].

En conformidad con la Ley de Estadounidenses con Discapacidades (ADA), aparatos de asistencia están disponibles y podrán ser prestados notificando a la Secretaria Municipal. Si necesita asistencia especial para participar en esta junta, comuníquese con la oficina de la Secretaria Municipal al (714) 754-5225. Se pide dar notificación a la Ciudad por lo mínimo 48 horas de anticipación para garantizar accesibilidad razonable a la junta. [28 CFR

35.102.35.104 ADA Title II].

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Agenda March 19, 2024
CLOSED SESSION - 4:00 P.M.

CALL TO ORDER

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

CLOSED SESSION ITEMS:

1. CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to California Government Code Section 54957.6 (a) Agency Designated Representative: Lori Ann Farrell Harrison, City Manager; Alma Reyes, Deputy City Manager; Kasama Lee, Human Resources Manager; Fanni Acosta, Human Resources Administrator; Carol Molina, Finance Director Name of Employee Organization: Costa Mesa Firefighters Management Association (CMFMA).

2. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION–ONE CASE Pursuant to California Government Code Section 54956.9 (d)(1) Name of Case: City of Costa Mesa v. D’Alessio; 1963 Wallace Ave.

Orange County Superior Court Case No. 30 2020 01133479

3. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION–ONE CASE Pursuant to California Government Code Section 54956.9 (d)(1) Name of Case: Garten v. City of Costa Mesa
Orange County Superior Court Case No. 30-2021-01235189-CU-PA-CJC

4. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION–ONE CASE Pursuant to California Government Code Section 54956.9 (d)(1) Name of Case: Noble v. City of Costa Mesa
Orange County Superior Court Case No. 30-2023-01336982-CU-FR-CXC

5. Public Employment, Workers’ Compensation Claim
Pursuant to California Government Code Section 54956.9 (b)(1) WCAB NO. ADJ12812911, ADJ12812910, ADJ18260334

6. Public Employment, Workers’ Compensation Claim
Pursuant to California Government Code Section 54956.9 (b)(1) WCAB NO. ADJ15545669

7. Public Employment, Workers’ Compensation Claim
Pursuant to California Government Code Section 54956.9 (b)(1) WCAB NO. ADJ11380560

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8. Public Employment, Workers’ Compensation Claim
Pursuant to California Government Code Section 54956.9 (b)(1) WCAB NO. ADJ13462798

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Agenda March 19, 2024

REGULAR MEETING OF THE CITY COUNCIL AND HOUSING AUTHORITY MARCH 19, 2024 – 6:00 P.M.

JOHN STEPHENS
Mayor

JEFFREY HARLAN ANDREA MARR Mayor Pro Tem - District 6 Council Member - District 3

MANUEL CHAVEZ LOREN GAMEROS
Council Member - District 4 Council Member - District 2

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

KIMBERLY HALL BARLOW LORI ANN FARRELL HARRISON
City Attorney City Manager

CALL TO ORDER

NATIONAL ANTHEM AND PLEDGE OF ALLEGIANCE

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

ROLL CALL

CITY ATTORNEY CLOSED SESSION REPORT
PUBLIC COMMENTS – MATTERS NOT LISTED ON THE AGENDA
Comments on Consent Calendar items may also be heard at this time.

Comments are limited to 3 minutes, or as otherwise directed.

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Agenda March 19, 2024

COUNCIL MEMBER COMMITTEE REPORTS, COMMENTS, AND SUGGESTIONS Each council member is limited to 3 minutes. Additional comments will be heard at the end of the meeting.

1. Council Member Reynolds

2. Council Member Chavez

3. Council Member Gameros

4. Council Member Harper

5. Council Member Marr

6. Mayor Pro Tem Harlan

7. Mayor Stephens
REPORT – CITY MANAGER
REPORT – CITY ATTORNEY

CONSENT CALENDAR
All matters listed under the Consent Calendar are considered to be routine and will be acted upon in one motion. There will be no separate discussion of these items unless members of the City Council, staff, or the public request specific items to be discussed and/or removed from the Consent Calendar for discussion.

1. PROCEDURAL WAIVER: WAIVE THE FULL READING OF ALL

ORDINANCES AND RESOLUTIONS
24-092
RECOMMENDATION:

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

2. READING FOLDER 24-093
RECOMMENDATION:

City Council receive and file Claims received by the City Clerk and authorize staff to reject any and all Claims: Enrique Aceves, Noreen Becker, Loya Casualty Insurance Company (Brittany Smith), Kathia Powers.

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Agenda March 19, 2024

3. ADOPTION OF WARRANT RESOLUTION 24-099
RECOMMENDATION:

City Council approve Warrant Resolution No. 2713.
03-19-24 Summary Check RegisterAttachments:

4. MINUTES 24-074
RECOMMENDATION:

City Council approve the minutes of the regular meetings of February 20, 2024 and March 5, 2024, the Special Study Session meeting of February 27, 2024, and the regular Study Session meeting of March 12, 2024.

1. 02-20-2024 Draft Minutes

2. 02-27-2024 Draft Minutes

3. 03-05-2024 Draft Minutes

4. 03-12-2024 Draft Minutes
Attachments:

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Agenda March 19, 2024

5. AWARD OF THE ADAMS AVENUE IMPROVEMENT PROJECT, CITY
PROJECT NO. 23-07, AND FINDING OF CALIFORNIA

ENVIRONMENTAL QUALITY ACT (CEQA) CATEGORICAL

EXEMPTION
24-078
RECOMMENDATION:

Staff recommends the City Council:

1. Make a finding of California Environmental Quality Act (CEQA) categorical exemption pursuant to CEQA Guidelines Section 15301.

2. Adopt plans, specifications, and working details for the Adams Avenue Improvement Project, City Project No. 23-07.

3. Award a Public Works Agreement (PWA) for construction to All American Asphalt, 400 East Sixth Street, Corona, California 92879 in the amount of $2,327,723.20.

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

5. Authorize a ten percent (10%) contingency in the amount of $232,772 for construction and unforeseen costs related to this 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.

1. Bid Results

2. Public Works Agreement
Attachments:

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Agenda March 19, 2024

6. AUTOMATED LICENSE PLATE READER (ALPR) CAMERA SYSTEM

LEASE AND MAINTENANCE AGREEMENT
24-068
RECOMMENDATION:

Staff recommends the City Council:

1. Authorize the lease of 31 existing Flock Safety Inc. automated license plate reader (ALPR) camera systems from the Omnia Partners Cooperative Agreement No. 23-6692-03 with Insight Public Sector in an amount not to exceed $306,900 utilizing general funds from the department ’s budget for a term of three years.

2. Authorize the lease of 15 new Flock Safety Inc. automatic license plate reader (ALPR) camera systems from the Omnia Partner Cooperative Agreement No. 23-6692-03 with Insight Public Sector in an amount not to exceed $153,750 utilizing funds from the awarded Organized Retail Theft (ORT) grant for a term of three years.

3. Authorize the City Manager or designee to execute two separate agreements for maintenance of the automated license plate reader (ALPR) camera systems with Flock Safety Inc., in a form approved by the City Attorney.

1. Quotation #0227058913 - City Of Costa Mesa

2. Year 2 - 4 Quotation #0227114304 - City Of Costa Mesa

3. FLOCK User Agreement
Attachments:

7. AMENDMENT NUMBER ONE TO PROFESSIONAL SERVICES
AGREEMENT (PSA) WITH CABCO YELLOW, INC. FOR SENIOR

TRANSPORTATION PROGRAMS
24-100
RECOMMENDATION:

Staff recommends the City Council:

1. Approve and authorize the City Manager and the City Clerk to execute Amendment No. 1 to the Professional Services Agreement (PSA) with CabCo Yellow, Inc, DBA California Yellow Cab, for the Senior Transportation Programs and NHS Transportation Program to increase the not- to-exceed amount by $130,000 for a total of $300,000 annually with a 10% contingency.

2. Authorize the City Manager and City Clerk to execute future amendments to the agreement within Council authorized limits.

PSA - Amend 1 - Cabco YellowAttachments:

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Agenda March 19, 2024

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

CALENDAR
------------------------------END OF CONSENT CALENDAR------------------------------- PUBLIC HEARINGS:
(Pursuant to Resolution No. 05-55, Public Hearings begin at 7:00 p.m.)

1. CITY COUNCIL FIRST READING OF ORDINANCES TO AMEND TITLE 13 (PLANNING, ZONING AND DEVELOPMENT) AND TITLE 9
(LICENSES AND BUSINESS REGULATIONS) OF THE COSTA MESA
MUNICIPAL CODE TO MODIFY THE CITY ’S RETAIL CANNABIS

PROVISIONS AND FIND THIS PROJECT TO BE CATEGORICALLY

EXEMPT FROM CEQA
24-058
RECOMMENDATION:

Staff recommends the City Council:

1. Find that the project is categorically exempt from the California Environmental Quality Act (CEQA), Section 15061(b)(3) (“General Rule”).

2. Introduce for first reading, by title only, Ordinance No. 2024-XX amending Title 13 (Planning, Zoning and Development) and Ordinance No. 2024-XX amending Title 9 (Licenses and Business Regulations) of the Costa Mesa Municipal Code to modify the City’s retail cannabis provisions.

Agenda Report

1. Draft Ordinance Title 13

2. Draft Ordinance Title 9

3. Exhibit A Title 13

4. Exhibit A Title 9

5. Track changes Title 13

6. Track changes Title 9

7. Other Text Modifications

8. City Council Report 090523

9. Planning Commission Report 012224

10. Planning Commission Resolution Title 13

11. Planning Commission Resolution Title 9

12. Planning Commission approved minutes
Attachments:

OLD BUSINESS: NONE.

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NEW BUSINESS: NONE.

ADDITIONAL COUNCIL /BOARD MEMBER COMMITTEE REPORTS, COMMENTS, AND

SUGGESTIONS

ADJOURNMENT

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12 CITY OF COSTA MESA
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 24-092 Meeting Date: 3/19/2024
TITLE:

PROCEDURAL WAIVER: WAIVE THE FULL READING OF ALL ORDINANCES AND

RESOLUTIONS
RECOMMENDATION:

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

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13 CITY OF COSTA MESA
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 24-093 Meeting Date: 3/19/2024
TITLE:

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

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14 CITY OF COSTA MESA
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 24-099 Meeting Date: 3/19/2024
TITLE:

ADOPTION OF WARRANT RESOLUTION
DEPARTMENT: FINANCE DEPARTMENT
PRESENTED BY: CAROL MOLINA, FINANCE DIRECTOR
CONTACT INFORMATION: CAROL MOLINA, FINANCE DIRECTOR, (714) 754-5243 RECOMMENDATION:

City Council approve Warrant Resolution No. 2713.

BACKGROUND:

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

FISCAL REVIEW:

Funding Payroll Register No. 24-05 On Cycle for $3,426,337.92 and City operating expenses for $1,477,981.25.

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CITY OF COSTA MESA
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 24-074 Meeting Date: 3/19/2024
TITLE:

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

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49 Minutes – Regular Meeting – February 20, 2024 Page 1 of 16

REGULAR CITY COUNCIL AND SUCCESSOR AGENCY TO THE

REDEVELOPMENT AGENCY AND HOUSING AUTHORITY
FEBRUARY 20, 2024 - MINUTES
CALL TO ORDER – The Closed Session meeting was called to order by Mayor Stephens at 4:00 p.m.

ROLL CALL

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

Absent: None.

PUBLIC COMMENTS – NONE.

CLOSED SESSION ITEMS:

1. CONFERENCE WITH REAL PROPERTY NEGOTIATOR
Pursuant to California Government Code Section 54956.8
APN:139-031-62,139-651-14
Property:1683 Sunflower Avenue, Costa Mesa, CA 92626
Agency Negotiator: Lori Ann Farrell Harrison, City Manager Negotiating Parties: Brent Stoll, Rose Equities
Under Negotiation: Price and Terms of Payment

2. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION – ONE CASE Pursuant to California Government Code Section 54956.9 (d)(1) City of Grants Pass, Petitioner v. Johnson, et al., Respondents, 9th Cir. Ct. of Appeals Nos. 20-35752 & 20-35881 (Johnson v. Grants Pass), United States Supreme Court Case # 23-175.

3. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION – ONE CASE Pursuant to California Government Code Section 54956.9 (d)(1) Moyer v. City of Costa Mesa, Orange County Superior Court Case No. 30-2022-01248290.

4. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATION OF LITIGATION - ONE CASE
Pursuant to California Government Code Section 54956.9 (d)(2), Anticipated Litigation.

City Council recessed at 4:03 p.m. for Closed Session.
50 Minutes – Regular Meeting – February 20, 2024 Page 2 of 16 Closed Session adjourned at 5:35 p.m.

CALL TO ORDER – The Regular City Council and Successor Agency to the Redevelopment Agency, and Housing Authority meeting was called to order by Mayor Stephens at 6:00 p.m.

NATIONAL ANTHEM AND PLEDGE OF ALLEGIANCE
A video was played of the National Anthem and Mayor Stephens led the Pledge of Allegiance.

MOMENT OF SOLEMN EXPRESSION – Led by Pastor Phil Eyskens, Lighthouse Church.

ROLL CALL

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

Absent: None.

CITY ATTORNEY CLOSED SESSION REPORT – No reportable action.

PRESENTATIONS:

The Mayor presented the 2024 Black History Month Proclamation to Ayleah Willis, Orange Coast College Black Student Union President.

The Mayor presented the 211 OC Month Proclamation to Elizabeth Andrade, Executive Director of 211 OC and Michelle Murphey, Senior Director of Public Affairs.

PUBLIC COMMENTS – MATTERS NOT LISTED ON THE AGENDA
Chris McEvoy, Costa Mesa, spoke against the new permit parking program and on enforcement.

Russell Toler, spoke on 2024 goals for transportation and bike safety.

Cynthia McDonald, Costa Mesa, spoke on the environmental impacts associated with the Huntington Beach Air Show.

Alfie Sanchez, Event Director for Majestic Cycling, spoke on hosting their first bike race event and extended an invitation to City Council to attend the event on March 3, 2024.

Speaker, spoke on Measure K and housing, traffic problems on Airport Loop, Airway Avenue, and Redhill Avenue, spoke on the Airport Working Group, and updates to the City website.

Jay Humphrey, Costa Mesa, thanked the City for providing ADA equipment, and spoke on the Fairview Developmental Center meeting and the visioning statement.

Alexander Haberbush, spoke on the overconcentration of cannabis businesses.

Wendy Leece, Costa Mesa, spoke on the overconcentration of cannabis businesses and requested a cap.
51 Minutes – Regular Meeting – February 20, 2024 Page 3 of 16 Speaker, spoke on the law requiring dogs on leashes.

Steven Smith, Costa Mesa, spoke on the overconcentration of cannabis stores.

Priscilla Rocco, spoke on Native American tribes, lands and cultures, and protecting Fairview Park.

COUNCIL MEMBER COMMITTEE REPORTS, COMMENTS, AND SUGGESTIONS Council Member Harper spoke on absences from meetings due to family medical issues, spoke on resigning from the City Council in the near future, and spoke on his stance on various issues.

Council Member Marr thanked Council Member Harper for his service, spoke on hearing from the public on issues, the Majestic Cycling event, and touring Orange Coast College.

Council Member Reynolds thanked Council Member Harper for his service, thanked the community for participating in local government, spoke in support of Black History Month, spoke on attending an event celebrating Green Business Programs, spoke on being involved in the EIR for the Huntington Beach Air Show, thanked transportation staff for infrastructure projects that have improved pedestrian safety, requested improvements to bus shelters, and requested to adjourn the meeting in honor of Dolores Pliego.

Council Member Chavez thanked Council Member Harper for his service, spoke on keeping the community beautiful and reporting problems on the Costa Mesa 311 application, requested staff research and install a left turn signal at the intersection of Pomona Avenue and 19 th Street, and spoke on a street vendor incident on Harbor Blvd and requested an update from staff.

Council Member Gameros thanked the community for participating in council meetings, thanked Council Member Harper for his service, and praised first responders.

Mayor Pro Tem Harlan thanked Council Member Harper for his service, spoke on hearing from the public, and requested an update on the rental and evictions program.

Mayor Stephens thanked Council Member Harper for his service, spoke on Black History Month and attending the Music of the March event, spoke on attending the public safety forum, thanked the Public Works Department for the Wallace Street crosswalk on 19th Street, spoke on adjourning in honor of Dolores Pliego, spoke on serving on the Orange County Transportation Authority board and the respect they have for Mr. Sethuraman and his projects, and spoke on receiving $8 million from Orange County Transportation Authority for pedestrian safety projects.

Mr. Sethuraman recognized the Transportation Division that worked on the grant application and that work on the projects.
52 Minutes – Regular Meeting – February 20, 2024 Page 4 of 16 REPORT – CITY MANAGER – Ms. Farrell Harrison thanked Council Member Harper for his service, spoke on upcoming meetings on the Fairview Developmental Center, spoke on applying to serve on a City Committee, spoke on the March 5 th Primary Election and voting locations and hours, spoke on sandbags being available at City Hall, spoke on reporting flooding issues to 714-754-5252, spoke on following up on the EIR for the Huntington Beach Air Show, spoke on street vendors being regulated by the County Health Department and staff is working with street vendors on understanding county requirements, and reported that staff will come back with an update on the evictions and rental assistance programs.

Fire Chief Stefano reported on the fire in Wilmington.

REPORT – CITY ATTORNEY – Ms. Hall Barlow thanked Council Member Harper for his service.

CONSENT CALENDAR
MOVED/SECOND: Council Member Reynolds/Council Member Marr MOTION: Approve the Consent Calendar except for Item Nos. 5, 6, 7, and 8.

The motion carried by the following roll call vote:

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

Nays: None.

Absent: None.

Abstain: Council Member Gameros recused himself on item 3 the Warrant Resolution due to his wife working at Priceless Pets.

Motion carried: 7-0

1. PROCEDURAL WAIVER: WAIVE THE FULL READING OF ALL ORDINANCES AND

RESOLUTIONS
ACTION:

City Council and Housing Authority approved the reading by title only and waived full reading of Ordinances and Resolutions.

2. READING FOLDER
ACTION:

City Council received and filed Claims received by the City Clerk: Joseph Arriola, Timothy Campagna, Khosrow Jahanbin, Debbie Kaste, William Laidlaw, Walter MacDonald, Kamran Moghaddam, Tomsit Ungrangsee.

3. ADOPTION OF WARRANT RESOLUTION
Council Member Gameros recused himself on this item due to his wife working for Priceless Pets.

ACTION:

City Council approved Warrant Resolution No. 2711.
53 Minutes – Regular Meeting – February 20, 2024 Page 5 of 16

4. MINUTES
ACTION:

City Council approved the minutes of the regular meeting of January 16, 2024.

9. APPROVE INCREASES IN PURCHASING AUTHORITY TO AGREEMENTS FOR

VEHICLE PARTS AND SERVICES
ACTION:

City Council approved and authorized the City Manager to execute change orders that would authorize an increase in purchase authority of up to $175,000 to each of the following purchase orders for services and vehicle parts for the remainder of the current fiscal year and annually thereafter:
· Ford Motor Company
· NAPA Auto Parts
· South Coast Emergency Vehicle Services
· Southern California Fleet Services

10. RESIDENTIAL PERMIT PARKING PROGRAM - JOANN STREET AND FEDERAL AVENUE
ACTION:

City Council adopted Resolution No. 2024-04, approving the implementation of a Resident Permit Parking (RPP) only restriction on Joann Street between Placentia Avenue and Federal Avenue and on Federal Avenue between Joann Street and Darrell Street, and authorizing the Transportation Services Manager to extend the restriction within a 1,000-foot radius as needed, based on a qualifying petition from affected residents and Council-adopted guidelines.

11. DESIGNATION OF CITY NEGOTIATORS FOR THE COSTA MESA CITY FIRE

MANAGEMENT ASSOCIATION (CMFMA) MEET AND CONFER AND

AUTHORIZATION TO PROCEED WITH THE FINANCIAL ANALYSIS OF THE

CURRENT MOU PER THE TRANSPARENCY IN LABOR NEGOTIATIONS COUNCIL POLICY
ACTION:

1. City Council designated City Manager Lori Ann Farrell Harrison as the City’s Principal Negotiator, Deputy City Manager Alma Reyes, Human Resources Manager Kasama Lee, Human Resources Administrator Fanni Acosta and Finance Director Carol Molina as the City’s representatives in negotiations with the CMFMA.

2. Authorized staff to have the independent fiscal analysis of the current CMFMA 2017-2024 Memorandum of Understanding (MOU) completed per the requirements of the Transparency in Labor Negotiations Council Policy. 54 Minutes – Regular Meeting – February 20, 2024 Page 6 of 16

ITEMS PULLED FROM THE CONSENT CALENDAR

5. AMENDMENT NUMBER FOUR TO PROFESSIONAL SERVICES AGREEMENT (PSA) WITH KEYSER MARSTON ASSOCIATES (KMA) FOR AFFORDABLE

HOUSING CONSULTING SERVICES
Public Comments:

Speaker, spoke on completing the Inclusionary Housing Ordinance, and thanked Council Member Harper for his service.

Priscilla Rocco spoke on public outreach.

MOVED/SECOND: Council Member Marr/Council Member Chavez MOTION: Approve staff recommendation.

The motion carried by the following roll call vote:

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

Nays: Council Member Harper.

Absent: None.

Abstain: None.

Motion carried: 6-1
ACTION:

1. City Council approved and authorized the City Manager and City Clerk to execute Amendment No. 4 to the Professional Services Agreement (PSA) with Keyser Marston Associates, Inc. (KMA) to increase the not-to-exceed amount by $55,300 for a total of $155,300, in substantially the same form as attached and in such final form as approved by the City Attorney.

2. Authorized the City Manager or designee and City Clerk to execute future amendments to the agreement, so long as such amendments are within the existing City budget.

6. SPENDING AUTHORIZATION APPROVAL FOR ON-CALL ENVIRONMENTAL,

TECHNICAL AND STAFFING SERVICES LIST
Public Comments:

Speaker, spoke against the contract with PlaceWorks, Inc.

Wendy Leece, Costa Mesa, thanked Council Member Harper for his service, spoke on a cap for consultants, and spoke on the public not being heard and represented regarding Fairview Developmental Center.

Speaker, spoke on listening to the community instead of consultants.

Priscilla Rocco, spoke against the consultant and on the public meetings regarding Fairview Developmental Center.
55 Minutes – Regular Meeting – February 20, 2024 Page 7 of 16 MOVED/SECOND: Council Member Gameros/Council Member Chavez MOTION: Approve staff recommendation with the exception of PlaceWorks, Inc.

The motion carried by the following roll call vote:

Ayes: Council Member Chavez, Council Member Gameros, Council Member Marr, and Mayor Stephens.

Nays: Council Member Harper, Council Member Reynolds, and Mayor Pro Tem Harlan.

Absent: None.

Abstain: None.

Motion carried: 4-3
ACTION:

1. City Council approved and authorized the City Manager and City Clerk to authorize spending authority with each consulting firm listed below through June 30, 2025, in such final form as approved by the City Attorney for on-call environmental, technical, and staffing services:
· Dudek
· ECORP Consulting, Inc.
· Environmental Science Associates
· FCS International, Inc.
· Galvin Preservation Associates, Inc.
· LSA Associates, Inc.
· Michael Baker International
· PSOMAS
· Sagecrest Planning and Environmental
· Stantec Consulting Services
· The Natelson Dale Group, Inc.

2. Authorized the City Manager and City Clerk to execute future amendments and spending authority with the above-listed firms including any potential increases in compensation as long as the amendments are pass-through costs from entitlement application deposit accounts or within the City’s annual budget.

7. ADAMS AVENUE AND PINECREEK DRIVE INTERSECTION PROJECT, FEDERAL PROJECT NO. CML-5312(104), CITY PROJECT NO. 23-11
Public Comments:

Speaker, spoke on receiving a presentation on the project, and supports the project.

MOVED/SECOND: Council Member Reynolds/Council Member Marr MOTION: Approve staff recommendation.

The motion carried by the following roll call vote:

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

Nays: None.

Absent: None.

Abstain: None.

Motion carried: 7-0
56 Minutes – Regular Meeting – February 20, 2024 Page 8 of 16 ACTION:

1. City Council adopted plans, specifications, and working details for the Adams Avenue and Pinecreek Drive Intersection Project, Federal Project No.

CML-5312(104), City Project No. 23-11, and found the project categorically exempt from CEQA.

2. Approved a Public Works Agreement (PWA) in the amount of $2,877,242, and a ten percent (10%) contingency in the amount of $287,724 to Gentry General Engineering, Inc., 320 West Tropica Rancho Road, Colton, California 92324.

3. Approved a Professional Services Agreement (PSA) in the amount of $209,762 and a ten percent (10%) contingency in the amount of $20,976, to Interwest Consulting Group, Inc., 444 North Cleveland Avenue, Loveland, Colorado 80537, for construction management services for the Adams Avenue and Pinecreek Drive Intersection Project.

4. Approved a budget transfer, authorizing the use of the Measure “M2” Fairshare Fund from the Citywide Street Improvements project budget (400015) in the amount of $705,500, and appropriation of $750,000 from the Traffic Impact Fee Fund balance, to the Adams Avenue and Pinecreek Drive Intersection Project.

5. Authorized the City Manager and the City Clerk to execute the PWA and the PSA and any future amendments to the agreement within Council authorized limits.

8. AWARD MAINTENANCE SERVICES AGREEMENTS FOR AS NEEDED FIRE

EQUIPMENT MAINTENANCE, ANNUAL INSPECTION AND TESTING SERVICES Public Comments: None.

MOVED/SECOND: Council Member Marr/Council Member Chavez MOTION: Approve staff recommendation.

The motion carried by the following roll call vote:

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

Nays: None.

Absent: None.

Abstain: None.

Motion carried: 7-0
ACTION:

1. City Council awarded Maintenance Services Agreements (MSAs) to Bit Pros, Incorporated, and Performance Truck Repair, Incorporated, for as needed fire equipment maintenance, annual inspection and testing services for a five-year period, for an annual amount of $200,000.

2. Authorized a ten percent (10%) contingency of $20,000 annually for unforeseen costs and approval for Consumer Price Index (CPI) escalation and de-escalation. 57 Minutes – Regular Meeting – February 20, 2024 Page 9 of 16

3. Authorized the City Manager and City Clerk to execute the agreements and future amendments to the agreements within Council authorized limits. ------------------------------END OF CONSENT CALENDAR------------------------------- City Council recessed into a break at 8:08 p.m.

City Council reconvened at 8:20 p.m.

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

1. REVIEW OF THE PLANNING COMMISSION’S DECISION TO DENY PLANNING APPLICATION 22-22 FOR A CONDITIONAL USE PERMIT TO OPERATE A RETAIL CANNABIS STOREFRONT BUSINESS WITH DELIVERY LOCATED AT 1858 NEWPORT BOULEVARD (“EVOLV HERBAL”)
Presentation by Ms. Halligan, Senior Planner.

Public Comments:

Alexander Haberbush spoke in opposition of the item.

Jay Humphrey, Costa Mesa, spoke on revisiting the ordinance.

Tracy Mitchum spoke on outreach to the neighbors and the impact to the alleyway.

Speaker, spoke in opposition of the location.

Speaker, spoke in opposition of the item.

Matt Young spoke in support of the item.

John Upton spoke in opposition of the item.

Speaker, spoke in opposition of the item.

Steven Smith spoke in opposition of the item.

Speaker, spoke in opposition of the item.

Speaker, spoke in opposition of the item.
58 Minutes – Regular Meeting – February 20, 2024 Page 10 of 16 Speaker, spoke in opposition of the item.

Speaker, spoke in support of the item.

Tim Adams spoke in support of the item.

Speaker, spoke on the location of the store.

Eric Mather spoke in support of the item.

Speaker, spoke in support of the item.

Wendy Leece spoke in opposition of the item.

Ida Wolf spoke in opposition of the item.

Speaker, spoke in opposition of the item.

Speaker, spoke on the location of the store.

Marc Vukcevich spoke in support of the item.

Dan Le spoke in opposition of the item.

Cynthia McDonald spoke in opposition of the item.

Speaker, spoke in opposition of the item.

MOVED/SECOND: Mayor Stephens/Council Member Reynolds
MOTION: Reverse the Planning Commission’s decision and approve Planning Application 22-22 for a Conditional Use Permit to operate a retail cannabis storefront with delivery at 1858 Newport Blvd (Evolv Herbal) with the following two additional conditions; 1. Add in the storefront aesthetic requirements as recommended by Council Member Reynolds, and 2. Change the hours of operation to end at 9:00 p.m. instead of 10:00 p.m.

SUBSTITUTE MOTION/SECOND: Council Member Marr/Mayor Pro Tem Harlan SUBSTITUTE MOTION: Uphold Planning Commission’s decision to deny Planning Application 22-22 on the bases of land use policies 1.1 and 3.1.

The motion carried by the following roll call vote:

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

Nays: Council Member Chavez, Council Member Reynolds, and Mayor Stephens.

Absent: None.

Abstain: None.

Motion carried: 4-3
59 Minutes – Regular Meeting – February 20, 2024 Page 11 of 16 ACTION:

City Council upheld the Planning Commission’s decision to deny Planning Application 22-22.

OLD BUSINESS: NONE.

City Council recessed into a break at 10:30 p.m.

City Council reconvened at 10:46 p.m.

NEW BUSINESS:

1. CITY OF COSTA MESA, COSTA MESA FINANCING AUTHORITY, AND COSTA

MESA HOUSING AUTHORITY FINANCIAL STATEMENTS, AND HOUSING SUCCESSOR ANNUAL REPORT FOR THE PERIOD ENDING JUNE 30, 2023.

Presentation by Ms. Molina, Finance Director, Ms. Pham, Finance Manager, and Ms.

Farr, Consultant.

Public Comments: None.

MOVED/SECOND: Council Member Chavez/Council Member Reynolds MOTION: Approve staff recommendation.

The motion carried by the following roll call vote:

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

Nays: None.

Absent: None.

Abstain: None.

Motion carried: 7-0
ACTION:

1. City Council received and filed the following reports for the fiscal year ended June 30, 2023:
a. Annual Comprehensive Financial Report (ACFR).
b. Air Quality Improvement Fund Compliance Report.
c. Audit Communication Letter.
d. Independent Accountant's Report on Agreed-Upon Procedures Applied to Appropriation Limit Worksheets.

2. City Council and Costa Mesa Financing Authority received and filed the Costa Mesa Financing Authority audited financial statements for the fiscal year ended June 30, 2023.

3. City Council and Housing Authority received and filed the following reports for the fiscal year ended June 30, 2023:
60 Minutes – Regular Meeting – February 20, 2024 Page 12 of 16 a. Independent Financial Audit of the Costa Mesa Housing Authority, including the Low and Moderate Income Housing Asset Fund.
b. The Fiscal Year 2022-23 Housing Successor Annual Report prepared under the California Health and Safety Code Section 34176.1 as the housing successor and Section 34328 as a housing authority.

MOVED/SECOND: Mayor Pro Tem Harlan/Council Member Chavez MOTION: Move to consider New Business Item No. 3 prior to New Business Item No. 2.

The motion carried by the following roll call vote:

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

Nays: None.

Absent: None.

Abstain: None.

Motion carried: 7-0

3. “THE 12” GYM NOISE STUDY
Presentation by Mr. Gamboa, Community Improvement Manager and Mr. Hardesty, Consultant.

Public Comments:

Wendy Simao spoke on the item.

MOVED/SECOND: Council Member Marr/Mayor Stephens
MOTION: Receive and file the noise study report.

The motion carried by the following roll call vote:

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

Nays: Council Member Gameros.

Absent: None.

Abstain: None.

Motion carried: 6-1
ACTION:

City Council received and filed the noise study report prepared by Sound Media Fusion related to resident concerns regarding potential noise ordinance violations from business operations at “The 12” gym, located at 140 East 17th Street, Suite B, in Costa Mesa.
61 Minutes – Regular Meeting – February 20, 2024 Page 13 of 16

2. URBAN MASTER PLAN SCREENING REQUEST (UMP-21-007) FOR A MIXED-USE DEVELOPMENT AT THE CITY’S SENIOR CENTER TO CONSTRUCT AND OPERATE A 60-UNIT AFFORDABLE SENIOR HOUSING PROJECT LOCATED AT 695 WEST 19TH STREET
Presentation by Ms. Huynh, Principal Planner.

MOVED/SECOND: Mayor Stephens/Council Member Chavez
MOTION: Continue the meeting past midnight.

The motion carried by the following roll call vote:

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

Nays: Council Member Gameros and Council Member Harper.

Absent: None.

Abstain: None.

Motion carried: 5-2
Public Comments:

Shirley McDaniels Costa Mesa, requested to maintain the same number of parking spaces, inquired on parking during construction, spoke on compound density, and expressed concern on the infrastructure.

Speaker, spoke on parking concerns, obstruction of natural view, and is opposed to the item.

Ida Wolf expressed concern on parking and is opposed to the item.

Cynthia McDonald spoke in support for the housing, expressed concerns on parking, spoke on ADA compliance on surrounding streets, spoke on 19th Street and Pomona Avenue crosswalks, and suggested the project be eligible to only Costa Mesa residents.

Speaker, expressed concern on parking.

Russell Toler spoke on the architectural style, requested more units, spoke on parking, and spoke in support of the item.

MOVED/SECOND: Mayor Stephens/Council Member Marr
MOTION: Receive and file the report.

The motion carried by the following roll call vote:

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

Nays: None.

Absent: None.

Abstain: None.

Motion carried: 7-0
62 Minutes – Regular Meeting – February 20, 2024 Page 14 of 16 ACTION:

City Council reviewed and provided feedback on the proposed 60-unit mixed-use development at 695 West 19th Street located in the 19 West Urban Plan area, and received and filed the report.

4. ADOPTION OF THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY

OF COSTA MESA (CITY) AND THE COSTA MESA FIREFIGHTERS ASSOCIATION (CMFA) AND THE ADOPTION OF ACCOMPANYING SALARY RESOLUTION FOR CMFA
Presentation by Ms. Lee, Human Resources Manager.

Public Comments:

Fire Captain Steve Cathey spoke in support of the item.

MOVED/SECOND: Mayor Stephens/Council Member Gameros
MOTION: Approve staff recommendation.

The motion carried by the following roll call vote:

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

Nays: None.

Absent: Council Member Harper.

Abstain: None.

Motion carried: 6-0
ACTION:

1. City Council approved and adopted the Memorandum of Understanding between the City of Costa Mesa and CMFA.

2. Approved and adopted Resolution Number 2024-06 revising the pay ranges for CMFA.

3. Authorized the City Manager and members of the City’s Negotiation Team to execute the Memorandum of Understanding documents.

5. ADOPT RESOLUTION APPROVING FY 2024-25 RECOGNIZED OBLIGATION

PAYMENT SCHEDULE (ROPS) FOR THE COSTA MESA SUCCESSOR AGENCY

AND THEN APPROVE DISSOLUTION OF THE SUCCESSOR AGENCY TO THE

COSTA MESA REDEVELOPMENT AGENCY
Presentation by Ms. Molina, Finance Director.

Public Comments: None.
63 Minutes – Regular Meeting – February 20, 2024 Page 15 of 16 MOVED/SECOND: Council Member Chavez/Mayor Stephens
MOTION: Approve staff recommendation.

The motion carried by the following roll call vote:

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

Nays: None.

Absent: Council Member Harper.

Abstain: None.

Motion carried: 6-0
ACTION:

1. City Council and Successor Agency Board approved Resolution No. 2024-07 of the City Council/Successor Agency Board of the City of Costa Mesa, California, approving the Recognized Obligation Payment Schedule (ROPS) in the amount of $0 for the Fiscal Year 2024-25.

2. Approved Resolution No. 2024-08 of the City Council/Successor Agency Board of the City of Costa Mesa, California, requesting the Oversight Board, Orange County Auditor-Controller and California Department of Finance approve of the dissolution of the Successor Agency to the Costa Mesa Redevelopment Agency.

3. Directed the submission of the Resolutions to the Orange County Auditor-Controller and the California State Department of Finance.

ADDITIONAL COUNCIL/BOARD MEMBER COMMITTEE REPORTS, COMMENTS, AND

SUGGESTIONS
Council Member Chavez requested staff to bring back revisions to the cannabis ordinance as soon as possible.

ADJOURNMENT – Mayor Stephens adjourned the meeting at 1:00 a.m. in memory of Dolores Pliego
64 Minutes – Regular Meeting – February 20, 2024 Page 16 of 16 Minutes adopted on this 19th day of March, 2024.
___________________________
John Stephens, Mayor
ATTEST:
___________________________
Brenda Green, City Clerk
65 Minutes – Special Study Session – February 27, 2024 Page 1 of 2

SPECIAL STUDY SESSION MEETING OF THE CITY COUNCIL
FEBRUARY 27, 2024 – 5:00 P.M. - MINUTES
CALL TO ORDER – The Special Study Session meeting was called to order by Mayor Stephens at 5:00 p.m.

ROLL CALL

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

Absent: Council Member Marr.

PUBLIC COMMENTS
Adam Wood, Business Industry Association, spoke on data from Santa Ana, affordable units being built, and creating housing.

Tim O’Brien, Legacy Partners, spoke on the proposed rates, Measure Y, and possible alternatives.

Cynthia McDonald spoke on the Housing Element, making the ordinance efficient, and getting affordable units built.

Kathy Esfahani spoke on data from Santa Ana, spoke on changes made at the first reading of the proposed ordinance, and spoke on the proposed in-lieu fees.

Speaker, expressed concerns on the item.

George Sakioka, Sakioka Company, clarified previously submitted comments from the first reading of the proposed ordinance and having the option to dedicate land to build housing.

STUDY SESSION ITEM:

1. STUDY SESSION REGARDING THE PROPOSED IN-LIEU HOUSING FEE, STATE

DENSITY BONUS AND AFFORDABLE HOUSING STRATEGIES AND OPTIONS ACTION:

City Council received the staff presentation and provided direction on proposed in-lieu housing fee amounts and subsequent fee resolution for potential future City Council adoption.

ADJOURNMENT – Mayor Stephens adjourned the meeting at 7:28 p.m. 66 Minutes – Special Study Session – February 27, 2024 Page 2 of 2 Minutes adopted on this 19th day of March, 2024.
___________________________
John Stephens, Mayor
ATTEST:
___________________________
Brenda Green, City Clerk
67 Minutes – Regular Meeting – March 5, 2024 Page 1 of 6

REGULAR CITY COUNCIL AND HOUSING AUTHORITY
MARCH 5, 2024 – MINUTES
CALL TO ORDER – The Closed Session meeting was called to order by Mayor Stephens at 4:00 p.m.

ROLL CALL

Present: Council Member Chavez, Council Member Gameros, Council Member Harper, Council Member Reynolds, and Mayor Stephens.

Absent: Council Member Marr and Mayor Pro Tem Harlan.

PUBLIC COMMENTS
Steve Cederquist spoke on Closed Session Item No. 5 regarding 1963 Wallace Ave.

Dennis D’Alessio spoke on Closed Session Item No. 5 regarding 1963 Wallace Ave.

Steve Sheldon spoke on Closed Session Item No. 5 regarding 1963 Wallace Ave.

Cynthia McDonald spoke on Closed Session Item No. 7 regarding 1683 Sunflower Ave.

CLOSED SESSION ITEMS:

1. Public Employment, Workers’ Compensation Claim,
Pursuant to California Government Code Section 54956.9 (b)(1); WCAB NO. ADJ17419798, ADJ14891865, ADJ14891868, ADJ14889339

2. Public Employment, Workers’ Compensation Claim,
Pursuant to California Government Code Section 54956.9 (b)(1); WCAB NO. ADJ1196410, ADJ14117564, ADJ15123770

3. Public Employment, Workers’ Compensation Claim,
Pursuant to California Government Code Section 54956.9 (b)(1); WCAB NO. ADJ13298729, ADJ13298728, ADJ13602725

4. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Pursuant to California Government Code Section 54956.9, (d)(1) Name of Case: Tippett v. City of Costa Mesa
Orange County Superior Court, Case No. 30-2022-01243684-CU-PO-NJC 68 Minutes – Regular Meeting – March 5, 2024 Page 2 of 6

5. CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION–ONE CASE Pursuant to California Government Code Section 54956.9 (d)(1) Name of Case: City of Costa Mesa v. D’Alessio; 1963 Wallace Ave.

Orange County Superior Court Case No. 30-2020-01133479

6. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATION OF LITIGATION - ONE CASE
Pursuant to California Government Code Section 54956.9 (d)(2), Potential Litigation.

7. CONFERENCE WITH REAL PROPERTY NEGOTIATOR
Pursuant to California Government Code Section 54956.8
APN:139-031-62,139-651-14
Property:1683 Sunflower Avenue, Costa Mesa, CA 92626
Agency Negotiator: Lori Ann Farrell Harrison, City Manager Negotiating Parties: Brent Stoll, Rose Equities
Under Negotiation: Price and Terms of Payment
City Council recessed at 4:14 p.m. for Closed Session.

Closed Session adjourned at 5:47 p.m.

CALL TO ORDER – The Regular City Council and Housing Authority meeting was called to order by Mayor Stephens at 6:00 p.m.

NATIONAL ANTHEM AND PLEDGE OF ALLEGIANCE
St. John the Baptist School Choir

MOMENT OF SOLEMN EXPRESSION
Pastor Matthew Hambrick, Costa Mesa First United Methodist Church

ROLL CALL

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

Absent: None.

CITY ATTORNEY CLOSED SESSION REPORT – No reportable action.

PRESENTATIONS:

The Mayor recognized the Estancia High School Girls’ Soccer Team CIF Southern Section Division 5 Champions.

The Mayor recognized the Newport Harbor Boys’ Soccer Team CIF Southern Section Division 2 Champions.

The Mayor presented a proclamation to Dede Wilson, President of the Costa Mesa Women’s Club in honor of Women’s History Month.
69 Minutes – Regular Meeting – March 5, 2024 Page 3 of 6 PUBLIC COMMENTS – MATTERS NOT LISTED ON THE AGENDA
Flo Martin, thanked Jennifer Rosales and Brett Atencio Thomas for their work to make streets safe.

Aaron McCall spoke on the death of Dolores Pliego, and on prioritizing safer streets for biking and walkability.

Ida Wolf requested an ice machine at the Senior Center.

Speaker, requested assistance on compliance issues for the recovery house on Joann Street.

Speaker, spoke on issues with street vendors and food trucks in the community.

Jim Fitzpatrick requested the removal of the badge fee for cannabis businesses.

Edward Coleman, spoke on protesting the bid on Consent Calendar Item No. 5.

Priscilla Rocco spoke on public commenters and listening to the public.

Cynthia McDonald, Costa Mesa, spoke on the Fairview Developmental Center outreach plan.

COUNCIL MEMBER COMMITTEE REPORTS, COMMENTS, AND SUGGESTIONS Council Member Marr spoke on attending the Taylor Elizabeth Clifford Memorial Grand Prix, requested an ice machine for the Senior Center, requested staff research the calls for service at the house on Joann Street, and spoke on data collection on street safety.

Council Member Reynolds thanked the 5th grade students at Wilson Elementary School, spoke on attending a conference on improving walkability and safety in the City, spoke on pedestrian safety and implementing solutions more quickly, and spoke on the City of Hoboken being 8 years with no pedestrian deaths.

Council Member Chavez spoke on the importance of voting, spoke on implementing measures for street safety, requested an ice machine at the Senior Center, requested reviewing the badge fees for cannabis businesses, requested enforcement for street vendors and expressed concern for sidewalks being blocked by street vendors, spoke on revisiting the Orange County Power Authority, thanked the Costa Mesa Police Department for their fast response, and spoke on funding more youth organizations.

Council Member Gameros requested information on the ice machine at the Senior Center, spoke on enforcement of street vendors and food trucks, spoke on badge fees for cannabis businesses and the public receiving tax information requested, and spoke on attending the Fairview Developmental Center meeting and community outreach.

Council Member Harper spoke on the ice machine at the Senior Center, spoke on enforcement of street vendors and food trucks, and spoke on Jake Knapp winning the Mexico Open. 70 Minutes – Regular Meeting – March 5, 2024 Page 4 of 6 Mayor Pro Tem Harlan spoke on voting, spoke on the Fairview Developmental Center meeting and community outreach, requested an update on the status of the field lights at Kaiser Elementary, and congratulated Jake Knapp for winning the Mexico Open.

Mayor Stephens congratulated Jake Knapp for winning the Mexico Open, spoke on participating in the Love Costa Mesa Clean-up Day, praised first responders, congratulated Deputy Police Chief Joyce LaPointe for winning the District 73 Woman of the Year Award, congratulated CMTV for an A rating on transparency, spoke on cannabis tax revenues and requested staff bring back badge fees for cannabis businesses, and also the first-time homebuyers program, requested staff bring forward an e-bike ordinance, requested data on street vendors and enforcement, and spoke on adjourning in memory of Glen Stroud.

REPORT – CITY MANAGER – NONE.

REPORT – CITY ATTORNEY – Ms. Hall Barlow spoke on the presentations at the beginning of the meeting.

CONSENT CALENDAR
MOVED/SECOND: Council Member Chavez/Mayor Pro Tem Harlan MOTION: Approve the Consent Calendar except for Item No. 5.

The motion carried by the following roll call vote:

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

Nays: None.

Absent: None.

Abstain: Council Member Gameros recused himself on item 3 the Warrant Resolution due to his wife working at Priceless Pets.

Motion carried: 7-0

1. PROCEDURAL WAIVER: WAIVE THE FULL READING OF ALL ORDINANCES AND

RESOLUTIONS
ACTION:

City Council and Housing Authority approved the reading by title only and waived full reading of Ordinances and Resolutions.

2. READING FOLDER
ACTION:

City Council received and filed Claims received by the City Clerk: Enrique Acevez.

3. ADOPTION OF WARRANT RESOLUTION
Council Member Gameros recused himself on this item due to his wife working for Priceless Pets.

ACTION:

City Council approved Warrant Resolution No. 2712.
71 Minutes – Regular Meeting – March 5, 2024 Page 5 of 6

4. AUTHORIZATION FOR THE PURCHASE OF CELLEBRITE INC. MOBILE DEVICE

FORENSIC EXTRACTION SOLUTION WITH CARAHSOFT TECHNOLOGY

CORPORATION
ACTION:

1. City Council authorized the use of OMNIA Partners’ Cooperative Agreement No.

R191902 with Carahsoft Technology Corporation for the purchase of Cellebrite Inc. mobile device forensic extraction solution.

2. Authorized the purchase of Cellebrite Inc. mobile device forensic extraction solution under the awarded Organized Retail Theft Prevention (ORT) Grant through OMNIA Partners’ Cooperative Agreement No. R191902 with Carahsoft Technology Corporation in the amount of $128,760.27.

6. RESOLUTION AUTHORIZING STREET CLOSURES FOR THE 2024 ORANGE

COUNTY MARATHON RUNNING FESTIVAL
ACTION:

City Council adopted Resolution No. 2024-09, designating event routes for the 2024 Orange County (OC) Marathon Running Festival and approving the temporary street closures for May 4, 2024 and May 5, 2024, as requested for the 2024 OC Marathon Running Festival.

ITEMS PULLED FROM THE CONSENT CALENDAR

5. INFORMATION TECHNOLOGY DEPARTMENT CATEGORY 6A (CAT6A)

STRUCTURED CABLING AND VERKADA CAMERA INSTALLATION WITH

NETXPERTS
Public Comments:

Edward Coleman spoke on his protest of the item.

MOVED/SECOND: Mayor Stephens/Council Member Chavez
MOTION: Continue the item.

The motion carried by the following roll call vote:

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

Nays: None.

Absent: None.

Abstain: None.

Motion carried: 7-0
ACTION:

City Council continued the item.
--------------------------------------END OF CONSENT CALENDAR--------------------------------------- 72 Minutes – Regular Meeting – March 5, 2024 Page 6 of 6 PUBLIC HEARINGS: NONE.
(Pursuant to Resolution No. 05-55, Public Hearings begin at 7:00 p.m.) OLD BUSINESS: NONE.

NEW BUSINESS: NONE.

ADDITIONAL COUNCIL/BOARD MEMBER COMMITTEE REPORTS, COMMENTS, AND SUGGESTIONS – NONE.

ADJOURNMENT – Mayor Stephens adjourned the meeting at 7:41 p.m. in memory of Glen Stroud.

Minutes adopted on this 19th day of March, 2024.
___________________________
John Stephens, Mayor
ATTEST:
___________________________
Brenda Green, City Clerk
73 Minutes – Study Session – March 12, 2024 Page 1 of 1

REGULAR STUDY SESSION MEETING OF THE CITY COUNCIL
MARCH 12, 2024 – MINUTES
CALL TO ORDER – The Study Session meeting was called to order by Mayor Stephens at 5:00 p.m.

ROLL CALL

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

Absent: Council Member Marr and Council Member Reynolds.

PUBLIC COMMENTS – NONE.

STUDY SESSION ITEM:

1. FISCAL YEAR 2023-2024 MID-YEAR BUDGET UPDATE
Presentation by Ms. Molina, Finance Director.

ACTION:

City Council received and filed the FY 2023-24 mid-year budget update for the current fiscal year that began on July 1, 2023 and ends on June 30, 2024.

ADJOURNMENT – Mayor Stephens adjourned the meeting at 5:30 p.m.

Minutes adopted on this 19th day of March, 2024.
___________________________
John Stephens, Mayor
ATTEST:
___________________________
Brenda Green, City Clerk
74 CITY OF COSTA MESA
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 24-078 Meeting Date: 3/19/2024
TITLE:

AWARD OF THE ADAMS AVENUE IMPROVEMENT PROJECT, CITY PROJECT NO. 23-07, AND

FINDING OF CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) CATEGORICAL

EXEMPTION
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. Make a finding of California Environmental Quality Act (CEQA) categorical exemption pursuant to CEQA Guidelines Section 15301.

2. Adopt plans, specifications, and working details for the Adams Avenue Improvement Project, City Project No. 23-07.

3. Award a Public Works Agreement (PWA) for construction to All American Asphalt, 400 East Sixth Street, Corona, California 92879 in the amount of $2,327,723.20.

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

5. Authorize a ten percent (10%) contingency in the amount of $232,772 for construction and unforeseen costs related to this 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:

The Adams Avenue Improvement Project (from Royal Palm Drive to the Santa Ana River and Royal Palm Drive from Adams Avenue to Elm Avenue) is primarily a street pavement rehabilitation project

Page 1 of 3 ends

75 File #: 24-078 Meeting Date: 3/19/2024
along with bicycle facility improvements.

Along Adams Avenue, newly designed and improved Class II bike lanes will be installed with green conflict zones including highly visible crosswalks at major intersections. These proposed striping improvements are consistent with the City’sActive Transportation Plan (ATP) in achieving bicycle connectivity and expanding the City’s continuing bicycle networks.

Street rehabilitation will include removal and reconstruction of damaged pavement sections; milling and overlaying with new asphalt; adjustment of utility and manhole covers to grade; and implementation of traffic control. The project will be primarily funded through the Road Maintenance and Rehabilitation Account (RMRA).

The contractor is required to complete all of the tasks necessary to perform the scope of work as outlined in the contract documents, plans, and specifications. A copy of the specifications and working details is available for review in the Office of the City Clerk.

ANALYSIS:

The City Clerk received and opened five (5) bids for this project on January 30, 2024. All American Asphalt, Inc. (All American), the apparent lowest bidder, submitted a bid proposal in the amount of $2,327,723.20. The average of the five (5) bids received amounted to $2,485,777. The bid results are included as Attachment 1.

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

All American Asphalt has successfully completed several projects in the City of Costa Mesa including the Bear Street Improvement Project (from Baker Street to I-405 Freeway); Hamilton Street and Santa Ana Avenue Improvement Project; Randolph Avenue Parking and Pedestrian Improvements Project; Citywide Parkway Maintenance, Street Rehabilitation, and Slurry Seal Project; and most recently, the Placentia Avenue, West 19th Street, and East 17th Street Improvements Project.

Upon City Council award of the PWA (Attachment 2), All American 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.

In addition, this street improvement project is subject to and will be the City’sfirst project under the Community Workforce Agreement (CWA). The City Council approved the CWA on February 1, 2022, in order to promote efforts to increase employment opportunities for residents of Costa Mesa, and to facilitate training and employment for the City’s students and veterans in the construction trades through apprenticeships and to encourage efficiency in construction operations.

On March 7, 2023, the City Council awarded a Professional Services Agreement (PSA) to The Solís Group (Solís) to assist the City in administering the CWA. Solís will render its services to manage the provisions of the CWA for this project, including the preparation and submission of the final report, in the amount of $6,432.

ALTERNATIVES:

Page 2 of 3 ends

76 File #: 24-078 Meeting Date: 3/19/2024
The alternative to this Council action would be to reject all bids, re-advertise, and re-bid the construction project. Staff has determined that re-advertising and re-bidding the project will not result in lower bids and will delay the project.

FISCAL REVIEW:

This project will be primarily funded from the Road Maintenance and Rehabilitation Account (RMRA) Fund allocated and approved by City Council in Fiscal Year 2021-22 with the remaining balance and the 10% contingency coming from Gas Tax (201) Citywide Street Maintenance project.

LEGAL REVIEW:

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

CITY COUNCIL GOALS AND PRIORITIES:

This project works toward achieving the following City Council goals:
· Strengthen the Public’s Safety and Improve the Quality of Life. · Maintain and Enhance the City’s Facilities, Equipment and Technology.

CONCLUSION:

Staff recommends the City Council:

1. Make a finding of California Environmental Quality Act (CEQA) categorical exemption pursuant to CEQA Guidelines Section 15301.

2. Adopt plans, specifications, and working details for the Adams Avenue Improvement Project, City Project No. 23-07.

3. Award a Public Works Agreement (PWA) for construction to All American Asphalt, 400 East Sixth Street, Corona, California 92879 in the amount of $2,327,723.20.

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

5. Authorize a ten percent (10%) contingency in the amount of $232,772 for construction and unforeseen costs related to this project.

Page 3 of 3 ends

77 City
Corona, CA
Lake Forest, CA
Orange, CA
Anaheim, CA
Long Beach, CA
AVERAGE BID:

LOWEST RESPONSIVE BID:

Hardy & Harper, Inc.

Onyx Paving Company, Inc.

R.J. Noble Company, Inc.

All American Asphalt, Inc.

PALP dba Excel Paving Company, Inc.

Bidder
$2,552,000.00
ATTACHMENT 1

CITY OF COSTA MESA

PUBLIC WORKS DEPARTMENT

ADAMS AVENUE IMPROVEMENT PROJECT (RMRA)
CITY PROJECT NO. 23-07
BID OPENING DATE: NOVEMBER 13, 2023
Total Bid
$2,327,723.20
$2,439,469.60
$2,411,000.00
$2,327,723.20
$2,698,692.00
$2,485,776.96
PAGE 1 OF 1
78 CITY OF COSTA MESA

PUBLIC WORKS AGREEMENT FOR
CITY PROJECT NO. 23-07
THIS PUBLIC WORKS AGREEMENT (“Agreement”), dated the 19th day of March 2024 (“Effective Date”), is made by the CITY OF COSTA MESA, a political subdivision of the State of California ( “CITY”), and All A merican Asphalt, a Corporation (“CONTRACTOR”).

WHEREAS, CITY desires to construct the public improvements described below under Paragraph 1, Scope of Work (the “Project”); and
WHEREAS, CITY has determined that C ONTRACTOR is the lowest responsible bidder; and
WHEREAS, CI TY now desires t o co ntract wit h CO NTRACTOR to f urnish construction and related services for the Project; and
WHEREAS, CITY and CONTRACTOR desire to set f orth their rights, duties and liabilities in connection with the services to be performed.

NOW, T HEREFORE, for and in consideration of t he covenants a nd conditions contained herein, the parties hereby agree as follows:

1. SCOPE OF WORK.

The scope of work generally consists of mobilization, grind & overlay of asphalt street pavement, crack sealing, notifications to businesses and residents, traffic signing; striping and markings, including new bicycle facilities, installation of pavement markers and implementing traffic control along Adams Avenue (from Royal Palm Drive to Santa Ana River) and Royal Palm Drive (from Adams Avenue to Elm Avenue) (the “Work”).

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

The Project is known as the Adams Avenue (from Royal Palm Drive to Santa Ana River) and Royal Palm Drive (from Adams Avenue to Elm Avenue) Pavement Rehabilitation Project, City Project No. 23-07 (the “Project”).

2. CONTRACT DOCUMENTS.

The complete Agreement co nsists of t he following documents r elating to the Project:
(a) Thi
s Agreement;
ATTACHMENT 2
79 (b) CONTRACTOR’s bid, attached hereto as Exhibit A and incorporated herein;

(c) Bid package, including, but not limited to, notice inviting bids, bid addendum No. 1, complete plans, profiles, detailed drawings and specifications, general provisions and special provisions. The bid package is attached hereto as Exhibit B and incorporated herein;

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

(e) Certificates of insurance as attached hereto as Exhibit D and incorporated herein;

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

(g) 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 Irina Gurovich referred to herein as the Project Manager (“Project Manager”).

4. CONT
RACTOR’S PROJECT MANAGER; PERSONNEL.

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

ATTACHMENT 2
80 (b) P ersonnel. CITY has the right to review and approve any personnel who are assigned to perform work under this Agreement. CONTRACTOR shall remove personnel from performing work under this Agreement if requested to do so by CITY.

Thi
s Paragraph 4 is a material provision of the Agreement.

5. SCHEDULE.

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

6. EQUIPMENT -
PERFORMANCE OF WORK.

CONTRACTOR shall furnish all tools, equipment, apparatus, facilities, labor and materials necessary to perform and complete the Work in a good and workmanlike manner in strict conformity with the Contract Documents.

The equipment, apparatus, facilities, labor and material shall be furnished and such Work performed and completed as required in the plans and specifications to the satisfaction of the Project Manager or his or her designee, and subject to his or her approval.

7. COMPENSATION.

CITY shall pay CONTRACTOR in accordance with the fee schedule set forth in CONTRACTOR’s bid. CONTRACTOR’s total compensation shall not exceed Two Million three hundred twenty -seven thousand, seven hundred twenty -three dollars and twenty cents ($2,327,723.20).

8. ADD
ITIONAL SERVICES.

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

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

9. PAYMEN
TS TO CONTRACTOR.

On or before the last Monday of each and every month during the performance of the Work, CONTRACTOR shall meet with the Project Manager or his or her designee to ATTACHMENT 2
81 determine the quantity of pay items incorporated into the improvement during that month.

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

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

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

ATTACHMENT 2
82 Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of the CITY.

11. TI ME OF PERFORMANCE.

CONTRACTOR shall commence 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 45 working days from the first day of commencement of the Work.

12. TERMINATION.

(a) Termination for Convenience.

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

(b) Termination for Breach of Contract.

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

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

(iii) If CONTRACTOR is in breach of any material provision of this Agreement, CITY may immediately terminate this Agreement by providing written notice to CONTRACTOR of same.

13. LIQUIDATED DAMAGES.

In the event the Work is not completed, for any reason, within the time required including any approved extensions of time, and to the satisfaction of the Project Manager, CITY may, in addition to any other remedies, equitable and legal, including 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 ATTACHMENT 2
83 one thousand five hundred dollars ($1,500.00) as liquidated damages for each calendar day beyond the date provided for the completion of such work.

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

14. PERF
ORMANCE BY SURETIES.

In the event CONTRACTOR fails or refuses to perform the Work, CITY may provide CONTRACTOR with a notice of intent to terminate as provided in Paragraph 12 (Termination), of this Agreement. CITY shall immediately give written notice of such intent to terminate to CONTRACTOR and CONTRACTOR’s surety or sureties, and the sureties shall have the right to take over and perform this Agreement; provided, however, that the sureties must, within five (5) days after CITY’s giving notice of termination, (a) give the CITY written notice of their intention to take over the performance of this Agreement; (b) provide adequate assurances, to the satisfaction of the CITY, that the Work shall be performed diligently and in a timely manner; and (c) must commence performance thereof within five (5) days after providing notice to the CITY of their intention to take over the Work. Upon the failure of the sureties to comply with the provisions set forth above, CITY may take over the Work and complete it, at the expense of CONTRACTOR , and the CONTRACTOR and the sureties shall be liable to CITY for any excess costs or damages including those referred to in Paragraph 13 (Liquidated Damages), incurred by 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.

ATTACHMENT 2
84 CONTRACTOR shall at all times maintain proper facilities and provide safe access for inspection by CITY to all parts of the Work and to all shops on or off -site where the Work or portions of the Work, are in preparation. CITY shall have the right of access to the premises for inspection at all times. However, CITY shall, at all times, comply with CONTRACTOR’s safety requirements on the job site.

18. CARE OF THE WORK AND OFF-S
ITE AUTHORIZATION.

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

CONTRACTOR, at CONTRACTOR’s sole cost and expense, shall obtain any permission, and all approvals, licenses, or easements necessary for any operations conducted off the premises owned or controlled by CITY. CONTRACTOR shall be responsible for the proper care and protection of all materials delivered to the site or 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 shal l 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 suret y 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 ATTACHMENT 2
85 that shall become necessary as the result of any failure of the Work to conform to the aforementioned Contract Documents, and/or standard specifications; provided, however, that CONTRACTOR shall be obligated under this provision only to the extent of those failures or defects of which CONTRACTOR is given notice within a period of twelve (12) months from the date that the Notice of Completion is recorded.

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

20. INDEMNIFICATION.

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

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

CONTRACTOR shall comply with all of the provisions of the Workers’ 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 ATTACHMENT 2
86 performing on behalf of CONTRACTOR.

CITY does not, and shall not, waive any rights against CONTRACTOR which it may have by reason of the above hold harmless agreements, because of the acceptance by CITY or the deposit with CITY by CONTRACTOR of any or all of the insurance policies described in Paragraph 21 (Insurance) of this Agreement.

The hold harmless agreements by CONTRACTOR shall apply to all liabilities, expenses, claims, and damages of every kind (including but not limited to attorneys’ fees) incurred or alleged to have been incurred, by reason of the operations of CONTRACTOR or any subcontractor or others performing on behalf of CONTRACTOR, whether or not such insurance policies are applicable. CONTRACTOR shall require any and all tiers of subcontractors to afford the same degree of indemnification to the CITY OF COSTA MESA and it s 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 propert y was under the control of CONTRACTOR, CONTRACTOR shall not be relieved of its indemnity obligation to CITY by any settlement with any such third party unless that settlement includes a full release and dismissal of all claims by the third party against the CITY.

21. INSURANCE.

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

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

(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 Millio n 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.

ATTACHMENT 2
87 (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 CONTRACTOR for the CITY and to require each of its subcontractors, if any, to do likewise under their workers’ compensation insurance policies.

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

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

(b) Endorsements.

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

(i) A
dditional insureds: The City of Costa Mesa and its elected and appointed boards, officers, officials, agents, employees, and volunteers are additional insureds with respect to: liability arising out of activities performed by or on 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 ATTACHMENT 2
88 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.”

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

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

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

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

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

22. PREVAILING WAGE REQUIREMENTS.

(a) Prevailing Wage Laws .

CONTRACTOR is aware of the requirements of
Chapter 1 (beginning at Section 1720 et seq.) of Part 7 of Division 2 of the California Labor Code, as well as Title 8, Section 16000 et seq. of the California Code of Regulations (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. This Project is a “public works” project and requires compliance with the Prevailing Wage Laws. CONTRACTOR shall defend, indemnify and hold the CITY, its elected officials, 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. CONTRA CTOR ATTACHMENT 2
89 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 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 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 ATTACHMENT 2
90 employment, and wage and hours.

24. DRUG-FR EE WORKPLACE POLICY.

CONTRACTOR, upon notification of the award of this Agreement, shall establish a Drug-Free Awareness Program to inform employees of the dangers of drug abuse in the workplace, the penalties that may be imposed upon employees for drug abuse violations occurring in the workplace, and the employee assistance programs available to employees. Each employee engaged in the performance of a CITY contract must be notified of this Drug -Free Awareness Program, and must abide by its terms.

CONTRACTOR shall conform to a ll the requirements of CITY’s Policy No. 100- 5, attached hereto. 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–D
ISCRIMINATION.

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

26. PROVISIONS CUMULATIVE.

The provisions of this Agreement are cumulative and in addition to, and not in limitation of, any other rights or remedies available to CITY.

27. NOTICES.

It shall be the duty and responsibility of CONTRAC TOR to notify all tiers of subcontractors and material men of the following special notice provision; namely, all preliminary 20-day notices or stop notices shall be directed only to the City Clerk and to no other department, and shall be either personally delivered or sent by certified mail, postage prepaid.

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

ATTACHMENT 2
91 Notices required to be given to CONTRACTOR shall be addressed as follows:

All American Asphalt
400 East Sixth Street
Corona, CA 92879
Attn: Edward J. Carlson

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

Fidelity and Deposit Company of Maryland
Agent For Service
Melissa DeKoven
2710 Gateway Oaks Drive, Suite 150N
Sacramento CA 95833-3505

28. INDEPENDENT CONTRACTOR.

Nothing contained in this Agreement shall create or be construed as creating a partnership, joint venture, employment relations, or any other relationship except as set forth between the parties. The parties specifically acknowledge and agree that CONTRACTOR is not a partner with CITY, whether general or limited, and no activities of CITY or CONTRACTOR or statements made by CITY or CONTRACTOR shall be interpreted by any of the parties hereto as establishing any type of business relationship other than an independent contractor relationship.

29. P E
RS ELIGIBILITY INDEMNIFICATION .

In the event that CONTRACTOR or any employee, agent, or subcontractor of CONTRACTOR providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees’ Retirement System (PERS) to be elig ible 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 ATTACHMENT 2
92 incident of employment by CITY, including but not limited to eligibility to enroll in PERS as an employee of CITY and entitlement to any contribution to be paid by CITY for employer contribution and/or employee contributions for PERS benefits.

30. VALIDITY.

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

31. GOVE
RNING LAW.

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

32. NO THIRD PARTY BENEFICIARY RIGHTS.

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

33. ASSIGNABILITY.

This Agreement may not be transferred or assigned by either party, or by operation of law, to any other person or persons or business entity, without the other party’s written permission. Any such transfer or assignment, or attempted transfer or assignment, without written permission, may be deemed by the other party to constitute a 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. CONS
TRUCTION.

ATTACHMENT 2
93 The parties have participated jointly in the negotiation and drafting of this Agreement and have had an adequate opportunity to review each and every provision of the Agreement and submit the same to counsel or other consultants for review and comment. In the event an ambiguity or question of intent or interpretation arises with respect to this Agreement, this Agreement shall be construed as if drafted jointly by the parties and in accordance with its fair meaning. There shall be no presumption or burden of proof favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement.

37. COUNTERPARTS.

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

38. CORPORATE AUTHORITY.

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

[Signature page follows.]
ATTACHMENT 2
94 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their respective authorized officers, as of the date first above written.

CONTRACTOR

__________________________________ Date: _____________________ Signature

__________________________________

CITY OF COSTA MESA
A municipal corporation

__________________________________ Date: _____________________ Lori Ann Farrell Harrison
City Manager

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

APPROVED AS TO PURCHASING:

__________________________________ Date: _____________________ ATTACHMENT 2
95 Carol Molina
Finance Director

DEPARTMENTAL APPROVAL:

__________________________________ Date: _____________________ Raja Sethuraman
Public Works Director

__________________________________ Date: _____________________ Irina Gurovich
Project Manager

ATTACHMENT 2
96 EXHIBIT A

CONTRACTOR’S BID

ATTACHMENT 2
97 103,537.90

30.621.25
91,233.00
103,537.90
91,233.00
30,621.25
ATTACHMENT 2
98 150,500.00
1,116.75

0.43 134.25
140.00

13.00 1,048.50
1,398.00
1,398.00
2,058.00

0.60 150,500.00
5,583.75
263,508.30
265,815.00
1,139,600.00
29,315.00
33,552.00
36,348.00
5,592.00
8,232.00
3,762.00
ATTACHMENT 2
99 12,387.75
12,387.75
223.50

26.00 430.25
457.00
457.00
13,857.00
3,406.00
19,361.25
9,597.00
1,828.00

86.00 10.75
ATTACHMENT 2
100
2,327,723.20
Two Million three hundred twenty seven thousand seven hundred twenty three dollars and twenty cents ATTACHMENT 2
101
ATTACHMENT 2
102
Two Million three hundred twenty seven thousand
seven hundred twenty three dollars and twenty cents
2,327,723.20
ATTACHMENT 2
103
ATTACHMENT 2
104
ATTACHMENT 2
105
ATTACHMENT 2
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ATTACHMENT 2
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ATTACHMENT 2
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ATTACHMENT 2
124
5,13
6 18,19,20
4, 21

0.40%

CASE LAND SURVEYING, INC
614 N. ECKOFF STREET
ORANGE, CA 92868
[email protected]
L5411
1000001533
1000006438
1000866044
1000001610

MD RUBBERIZED CRACKFILL
32 RANCHO CIRCLE
LAKE FOREST, CA 92630
WWW. [email protected]

SMITHSON ELECTRIC
1938 E. KATELLA AVENUE
ORANGE, CA 92867
[email protected]
Insterstate Striping, Inc
9784 Poplar Avenue
Fontana, CA 92335
[email protected]
986686
614518
1087140
A
C-10
C-32

1.16%

1.23%

6.02%
ATTACHMENT 2
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ATTACHMENT 2
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ATTACHMENT 2
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ATTACHMENT 2
128
ATTACHMENT 2
129
ATTACHMENT 2
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ATTACHMENT 2
148

EXHIBIT B

BID PACKAGE

ATTACHMENT 2
149

CITY OF COSTA MESA
P.O. BOX 12000 77 FAIR DRIVE CALIFORNIA 92628·1200 FROM

THE PUBLIC WORKS DEPARTMENT / ENGINEERING DIVISION
DATE
:

TO:

SUBJE
CT:

JANUARY 26, 2024

ALL PROSPECTIVE BIDDERS
ADDENDUM NO. 1 –

ADAMS AVENUE (FROM ROYAL PALM DRIVE TO SANTA ANA

RIVER) AND ROYAL PALM DRIVE (FROM ADAMS AVENUE TO ELM
A

VENUE) PAVEMENT REHAB ILITATION PROJECT,
CITY PROJECT NO. 23-07
Pleas
e forward this addendum to the appropriate individual as soon as possible. Please sign acknowledging receipt herein and e- mail a copy of this sheet to [email protected]. The bidder shall individually identify and acknowledge receipt of ALL addenda by signing and enclosing each form in his/her bid package submittal.

Failure to do so may result in a disqualification of his/her bid. A COPY WILL NOT BE SENT BY MAIL.

Received by: _______________________________________________________________ Company: _________________________________________________________________ All bidders shall register with PlanetBids in order to retrieve addenda. It is the responsibility of each prospective bidder to check PlanetBids 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:

BID OP
ENING DATE: NO CHANGE, TUESDAY, JANUARY 30, 2024
BID OP
ENING TIME: NO CHANGE, 2:00 P.M.

BID OP
ENING PLACE: NO CHANGE
PROJ
ECT PLANS AND SPECIFICATIONS:

The f
ollowing are revisions, a dditions, and/or deletions are hereby made to and shall be considered as part of the project plans and specifications:

1. Project Title and Proposal Schedule : The name of the p roject revised to correct the name of “Elm Avenue” and shall be read as follow:
“Adams
Avenue (from Royal Palm Drive to Santa Ana River) and Royal Palm Drive (from Adams Avenue to Elm Street Avenue) Pavement Rehabilitation Project”.

2. Notice Inviting Bids: Contractors are reminded that the bid security in the form of a certified check, cashier’s check or a bid bond, made payable to or in favor of the City of ATTACHMENT 2
150
Cost
a Mesa, per Section 5 on Sheet N -1 of the Notice Inviting Bids to the City Clerk MUST BE SUBMITTED PRIOR to the bid submission deadline. No bid wi ll be considered unless this bid security is physically received prior to the submission deadline.

3. Number of Working Days: The number of working days revised from sixty (60) working days to forty-five (45) working days.

4. Greneral Provision : The following abbriviation added to the Section 1- 3 Abbriviations, Page GP-3:
“SSPW
C - The Standard Specifications for Public Works Construction”

5. Special Provision: Section 82-3.02, Metal Posts, Page SP-19 replaced with the follow:
“Met
al posts shall be 1¾” 2” squ are perforated steel posts (Telespar) with breakaway anchor.”

6. Special Provision: S ixth paragraph of Section 84- 2.02C, Thermoplastic, Preformed Green Colored Thermoplastic, Page SP-21, replaced with the following:
“Al
l preformed green thermoplastic pavement markings shall be either bright green Ennis Flint PreMark Vizigrip or Geveko Premark Optamark with Optatrac Anti-Skid. Preformed green thermoplastic shall be non- slip, non-skid and retroreflective. Contractor shall turn in submittal sheets to Engineer for approval prior to ordering. Preformed green thermoplastic shall be installed by strictly following manufacturer’s specifications. Preformed Green Thermoplastic shall not be installed on concrete unless approved by the Engineer.”

7. Striping Plans: Striping plan shall be replaced in its complete entirety with the revised striping plans labeled “ADDENDUM NO. 1” in red on each sheet with changes to sheets No. 11 and No. 12. Revisions include replacing the greenback sharrows with normal white sharrows. The enclosed revised striping plan becomes a part of the Contract Documents and Special provisions of the Project documents. This work shall be considered under the traffic striping contract unit price for which it is required, and no additional compensation will be allowed.

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 m
atters, please send your request via e-m ail at [email protected].

Irina Gurovich
Project Manager
Attachments: Revised Striping Plan

Page 2 of 2 ends

B0J �u?/L
ATTACHMENT 2
151
ATTACHMENT 2
152

TABLE OF CONTENTS

PAGE NUMBER

TABLE OF CONTENTS .................................................................................................. i THRU v

SECTION A

NOTICE INVITING BIDS ............................................................................. N-1 THRU N-2

SECTION B

I
NFORMATION FOR BIDDERS .................................................................................. B-1

1 PREPARATIONS OF BID FORM .................................................................. B-1

2 QUALIFICATION OF BIDDERS .................................................................... B-1

3 BID SECURITY ........................................................................................ B-1

4 NON-COLLUSION AFFIDAVIT .................................................................... B-1

5 SIGNATURE ............................................................................................ B-1

6 CORRECTIONS ....................................................................................... B-1

7 DELIVERY OF PROPOSAL ......................................................................... B-1

8 BID DEPOSIT RETURN.............................................................................. B-1

9 TAXES ................................................................................................... B-2

10 WITHDRAWAL OF BIDS ............................................................................. B-2

11 AGREEMENT AND BONDS ........................................................................ B-2

12 FORFEITURE FOR FAILURE TO POST SECURITY AND EXECUTE
AGREEMENT .......................................................................................... B-2

13 BIDDERS INTERESTED IN MORE THAN ONE BID .......................................... B-2

14 EXAMINATION OF SITE AND CONTRACT DOCUMENTS .................................. B-2

15 INTERPRETATION OF PLANS AND DOCUMENTS .......................................... B-2

16 ADDENDA .............................................................................................. B-3

17 QUESTIONS TO THE ENGINEER ................................................................ B-3

18 EQUIVALENT MATERIALS ......................................................................... B-3

ATTACHMENT 2
153
Table of Contents
(CONTINUED)

PAGE NUMBER

19 EVIDENCE OF RESPONSIBILITY................................................................. B-3

20 LEGAL RESPONSIBILITIES ........................................................................ B-3

21 ANTI-DISCRIMINATION ............................................................................. B-3

22 DRUG-FREE WORKPLACE POLICY ............................................................. B-3

23 BID PROTEST PROCEDURES .................................................................... B-4

24 ASSEMBLY BILL 626 ................................................................................ B-4

25 COMMUNITY WORKFORCE AGREEMENT REQUIREMENTS…………………… B-5

26 LABOR AGREEMENT OVERSIGHT……………………………………………. B-5

REQUEST FOR INTERPRETATION OF CONTRACT DOCUMENTS FORM .......................... B-6

SECTION C

PROPOSAL ........................................................................................... P-1A THRU P-10

SECTION
D

GENERAL PROVISIONS ....................................................................................................... GP-1

1-2 T ERMS AND DEFINITIONS ...................................................................... GP-2

1-3 A BBREVIATIONS ................................................................................... GP-3

1-6
BIDDING AND SUBMISSION OF BID .......................................................... GP-3

1-6.1.1 R
EQUEST FOR INTERPRETATION .......................................................... GP-4

1-6.1.2 S OIL CONDITIONS ................................................................................ GP-4

1-6.1.3 R
ETURN OF BID SECURITY ................................................................... GP-4

1-6.2 SUBCONTRACTING LISTING ................................................................... GP-5

1-7
AWARD AND EXECUTION OF THE CONTRACT ........................................... GP-5

1-7.1.1 E
XECUTION OF THE AGREEMENT ........................................................... GP-6

ATTACHMENT 2
154
Table of Contents
(CONTINUED)

PAGE NUMBER

1-7.2 C ONTRACT BONDS ............................................................................... GP-6

2-1 WORK TO BE DONE ............................................................................... GP-6

2-2 PERMITS .............................................................................................. GP-7

2-5
THE CONTRACTOR’S EQUIPMENT AND FACILITIES .................................... GP-7

2-5.1.1
RIGHT-OF-WAY ..................................................................................... GP-7

2-5.2 TEMPORARY UTILITY SERVICES ............................................................. GP-7

2-5.4
HAUL ROUTES ..................................................................................... GP-8

2-7 CHANGES INITIATED BY THE AGENCY .................................................... GP-8

2-8 EXTRA WORK ....................................................................................... GP-9

2-9 C
HANGED CONDITIONS ....................................................................... GP-9

3-1
ASSIGNMENT........................................................................................ GP-9

3-4 AUTHORITY OF THE BOARD AND THE ENGINEER ...................................... GP-9

3-5
INSPECTION ...................................................................................... GP-10

3-6 THE CONTRACTOR’S REPRESENTATIVE ............................................... GP-11

3-7 CONTRACT DOCUMENTS ..................................................................... GP-11

3-10
SURVEYING ....................................................................................... GP-13

3-10.3 LINE AND GRADE ............................................................................... GP-13

3-12
WORK SITE MAINTENANCE .................................................................. GP-14

3-12.2 AIR POLLUTION CONTROL .................................................................... GP-14

3-12.3
NOISE CONTROL ................................................................................. GP-15

3-12.4
.2 STORAGE IN PUBLIC STREETS ............................................................. GP-15

3-12.6 WATER POLLUTION CONTROL .............................................................. GP-16

3-12.6.2 BEST MANAGEMENT PRACTICES (BMP’S) ............................................. GP-17

3-12.6.3
STORM WATER POLLUTION PREVENTION PLAN (SWPPP) ...................... GP-17

ATTACHMENT 2
155
Table of Contents
(CONTINUED)

PAGE NUMBER

3-12.6.4 DEWATERING ..................................................................................... GP-18

3-13.3
WARRANTY ....................................................................................... GP-19

4-4 TESTING ........................................................................................... GP-20

5-1
LAWS AND REGULATIONS ................................................................... GP-20

5-2
SPECIAL NOTICES .............................................................................. GP-21

5-3 LABOR .............................................................................................. GP-21

5-3.3
PAYROLL RECORDS ........................................................................... GP-21

5-3.5 APPRENTICES ................................................................................... GP-22

5-4 INSURANCE ....................................................................................... GP-22

5-7 SAFETY ............................................................................................. GP-23

5-7.1 WORK SITE SAFETY ........................................................................... GP-23

5-7.8 S
TEEL PLATE COVERS ...................................................................... GP-23

6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF THE WORK ........... GP-23

6-1.1
CONSTRUCTION SCHEDULE ................................................................ GP-23

6-1.3 DAILY REPORT SUBMITTAL .................................................................. GP-24

6-3
TIME OF COMPLETION ........................................................................ GP-24

6-5
USE OF IMPROVEMENT DURING CONSTRUCTION .................................. GP-25

6-7 TERMINATION OF THE CONTRACT FOR DEFAULT .................................... GP-25

6-7.3
NOTICE OF TERMINATION FOR DEFAULT ............................................... GP-25

6-7.4 RESPONSIBILITY OF SURETY ............................................................... GP-25

6-9 LIQUIDATED DAMAGES ....................................................................... GP-26

7-3
PAYMENT .......................................................................................... GP-26

7-3.2
PARTIAL AND FINAL PAYMENT ............................................................. GP-27

7-3.2.1 PROMPT PROGRESS PAYMENT TO SUBCONTRACTORS .......................... GP-28 ATTACHMENT 2
156
Table of Contents
(CONTINUED)

PAGE NUMBER

7-3.2.2 PROMPT PAY MONITORING AND ENFORCEMENT OF PROGRESS PAYMENTS ........................................................................................ GP-29

7-3.3
DELIVERED MATERIALS ...................................................................... GP-30

7-3.4 MOBILIZATION ................................................................................... GP-30

7-3.4.1 TRAVEL ROUTE AND TRUCKING AN EQUIPMENT .................................... GP-31

7-3.4.2
CONSTRUCTION SEQUENCE/ORDER OF WORK ..................................... GP-31

7-4
PAYMENT FOR EXTRA WORK ............................................................... GP-31

7-4.2 BASIS FOR ESTABLISHING COSTS ........................................................ GP-32

7-4.2.1
LABOR .............................................................................................. GP-32

7-4.3
MARKUPS ......................................................................................... GP-32

7-4.3.1 WORK BY THE CONTRACTOR .............................................................. GP-32

7-4.3.2 WORK BY A SUBCONTRACTOR ............................................................ GP-32

7-6 SUMMARY OF PUBLIC CONTRACT CODE § 9204…………………………. GP-33

SECTION E

SPECIAL PROVISIONS ........................................................................ SP-1 THRU SP-64

SECTION
F

MISCELLANEOUS CONTRACT DOCUMENTS (SAMPLE)

1 A GREEMENT (SAMPLE) .................................................................. 22 PAGES

2 C OUNCIL POLICY ........................................................................... D-1 - D-3

3 I NSURANCE (SAMPLE) ..................................................................... 2 PAGES

4 B ONDS ........................................................................................... 2 PAGES

5 P ERMIT APPLICATION ........................................................................ 1 PAGE

6 APPLICATION FOR BUSINESS LICENSE ............................................... 1 PAGE

7 S
TATEMENT REGARDING CWA COMPLIANCE……………………………1 PAGE
ATTACHMENT 2
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Table of Contents
(CONTINUED)

PAGE NUMBER

SECTION G

APPENDICES

PROJECT LOCATIONS AND MAP .......................................................................................... 2 PAGES

STANDARD DRAWINGS ............................................................................................... 59 PAGES

C
OMMUNITY WORKFORCE AGREEMENT ............................................................................ 50 PAGES

ATTACHMENT 2
158

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:

ADAMS AVENUE
(from Royal Palm Drive to Santa Ana River)
and

ROYAL PALM DRIVE
(from Adams Avenue to Elm Street)

PAVEMENT REHABILITATION PROJECT
CITY PROJECT NO. 23-07

1. BID SUBMISSION AND OPENING : Bids must be submitted electronically via the City of Costa Mesa’s PlanetBids portal before the deadline of 2:00 P.M., Tuesday, January 30, 2024 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 mobilization, grind & overlay of asphalt street pavement;, crack sealing; notifications to businesses and residents; traffic signing; striping and markings, including new bicycle facilities; installation of pavement markers; and implementing traffic control along Adams Avenue(from Royal Palm Drive to Santa Ana River) and Royal Palm Drive from Adams Avenue to Elm Street.

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 a certified check, cashier’s check, or a bid bond, made payable to or in favor of the City of Costa Mesa, in an amount equal to at least ten percent (10%) of the total amount of the bid, to the Costa Mesa City Clerk prior to the bid submission deadline. No bid will be considered unless such certified check, cashier's check, or bid bond is received by the City Clerk PRIOR to the bid submission deadline.

6. CONTRACTOR’S LICENSE : A valid California Contractor's 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.

7. REGISTRATION WITH THE DEPARTMENT OF INDUSTRIAL RELATIONS : Pursuant to Labor Code sections 1725.5 and 1771.1, no contractor or subcontractor shall be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage ATTACHMENT 2
159
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 (LABOR & MATERIAL) BOND AND PERFORMANCE BOND: A Payment (Labor & Material) Bond and a Performance Bond, each in the amount of 100% of the contract amount, will be required of the successful bidder prior to or after the 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. COMMUNITY WORKFORCED AGREEMENT (CWA): This Contract is subject to the terms and conditions contained in the Community Workforce Agreement for this Project. The CWA is attached hereto and incorporated into the Contract. Contractor agrees to comply with all terms and conditions contained in the CWA and have incorporated any and all costs associated with compliance with the CWA into the Contract Price.

14. 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 Administrative Secretary: Janet Zuazo, Public Works Department, via e- mail at [email protected].

Brenda Green, City Clerk
City of Costa Mesa

Dated: December 22, 2023
ATTACHMENT 2
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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 one of the following:
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. This original bid security / bid bond must be submitted to the City Clerk’s Office at least one hour prior to the bid submission deadline. Any and all late submittals of the bid security / bid bond shall be rejected, and it is the bidder’s responsibility, not the delivery service, to ensure said bid security / bid bond is delivered timely to the City Clerk’s office. The Bidder’s Bond shall be signed by both, the Bidder and the Surety; and both signatures shall be notarized. The bid security shall be given as a guarantee that the Bidder, if awarded the work, shall execute the contract in conformity with the Contract Documents and shall provide the surety bond or bonds as specified therein within fourteen (14) calendar days after a written Notice of Intent to Award Contract is deposited in the mail. In the case of refusal or failure to enter into said contract, the check or bond, as the case may be, shall be forfeited to the City
.

4. NONCOLLUSION AFFIDAVIT : Each bid 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
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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.

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 ATTACHMENT 2
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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 Bidd er'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.

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 ATTACHMENT 2
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assistance programs available to employees. Each employee engaged in the performance of a City contract must be noti fied 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 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
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25. COMMUNITY WORKFORCE AGREEMENT REQUIREMENTS: This project is subject to and t he Contractor shall adhere to the City’s Community Workforce Agreement (CWA). This project is considered a Prime Multi -Trade Construction contract. The CWA is a pre-hire collective bargaining agreement, which establishes the labor relations policies and procedures for Contractor and all subcontractors of all tiers to follow in the crafts persons employed to complete the Work of Improvement as more fully described in the CWA. The CWA is incorporated by reference in the Public Works Agreement . A copy of the CWA may be found in Appendix B of these Special Provisions.

ATTACHMENT 2
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REQUEST FOR INTERPRETATION OF CONTRACT DOCUMENTS

Date:

Time:

Company:

Contact Person:

Address:

Telephone:

FAX:

Plan Sheet:

Specification Section:

INTERPRETATION REQUESTED:

REPLY:

T0 A/E:

ATTACHMENT 2
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SECTION C

PROPOSAL FOR THE

ADAMS AVENUE (FROM ROYAL PALM DRIVE TO SANTA ANA RIVER) AND

ROYAL PALM DRIVE (FROM ADAMS AVENUE TO ELM STREET)

PAVEMENT REHABILITATION PROJECT
CITY PROJECT NO. 23-07
The Honorable City Council
City of Costa Mesa
77 Fair Drive
Costa Mesa, CA 92626

Dear Councilmembers:

In compliance with the NOTICE INVITING BIDS FOR THE ADAMS AVENUE (from Royal Palm Drive to Santa Ana River) and ROYAL PALM DRIVE (from Adams Avenue to Elm Street) PAVEMENT REHABILITATION PROJECT, CITY PROJECT NO. 23 -07, 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 SIXTY (60) 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:

PROPOSAL
ADAMS AVENUE (from Royal Palm Drive to Santa Ana River) and ROYAL PALM DRIVE (from Adams Avenue to Elm Street) PAVEMENT REHABILITATION PROJECT NO. DECRIPTION EST.

QTY UNIT

UNIT
PRICE
TOTAL
AMOUNT
1 Mobilization (5% Maximum) 1 LS $ $
2 Water Quality Best Management
Practices
1 LS $ $
3 Traffic & Pedestrian Control,
Construction Phasing, Public
Convenience & Safety
1 LS $ $

_____________
Bidder’s Initials

ATTACHMENT 2
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PROPOSAL (continued)
ADAMS AVENUE (from Royal Palm Drive to Santa Ana River) and ROYAL PALM DRIVE (from Adams Avenue to Elm Street) PAVEMENT REHABILITATION PROJECT NO. DECRIPTION EST.

QTY UNIT

UNIT
PRICE

TOTAL
AMOUNT
4 Traffic Signing, Thermoplastic
Striping, Pavement Markings, RPM’s
& Curb Painting
1 LS $ $
5 Reset Existing Survey Monuments
and Ties
5 EA $ $
6 Cold Mill Ex. Pavement 2.5” per
Typical Sections, Plans & Detail A-1
on Sheet 2 of Plans & Crack Seal
612,810 SF $ $
7 Asphalt Concrete (AC) Level Course
(Type C2 PG 70-10-RAP) (10%
Max. RAP) (0.5” Max. per Typical
Sections)
1,980 TON $ $
8 Asphalt Rubber Hot Mix (ARHM-
GG-C PG 64-16) Surface Course (2”
per Typical Sections)
8,140 TON $ $
9 Sawcut & Remove Ex. and
Construct 10” Dense Graded
Asphalt Concrete (DGAC) Pavement
(Type B PG 70-10-RAP) (Max. 10%
RAP) over Native (95% Relative
Compaction) per Detail A-2 on
Sheet 2 of Plans, as directed by the
Engineer
2,255 SF $ $
10 Adjust Water Valve Can & Cover to
Grade 32 EA $ $
11 Adjust Manhole Frame & Cover to
Grade
26 EA $ $
12 Adjust Storm Drain Manhole Frame
& Cover to Grade 4 EA $ $
13 Adjust Well Monument Can & Cover
to Grade 4 EA $ $
14 Taper Cold Mill Existing AC
Pavement (2” Max.) per Detail A-1
on Sheet 2 & Typical Sections
(Royal Palm Dr.)
6,270 SF
$ $

_____________
Bidder’s Initials
ATTACHMENT 2
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PROPOSAL (continued)
ADAMS AVENUE (from Royal Palm Drive to Santa Ana River) and ROYAL PALM DRIVE (from Adams Avenue to Elm Street) PAVEMENT REHABILITATION PROJECT NO. DECRIPTION EST.

QTY UNIT

UNIT
PRICE

TOTAL
AMOUNT
Median Island Modification per Median Modification Detail shown on Sheet 5 of Plans (Bid Items Nos. 15, 16 & 17)
15 Sawcut & Remove Ex. Structural
Section, PCC & Miscellaneous
Improvements (Thickness per
Typical Section), Prepare Subgrade,
Place, Grade and Compact Fill
1 LS $ $
16 Construct 8” (Min.) PCC Curb over
6” CMB per City Standard Dwg. No.
311, Type A (Modified Variable Curb
Face)
62 LF $ $

17 Construct AC Slot Paving per Detail
A-3 on Sheet 2 of Plans
131 SF $ $
18 Furnish & Install Type “E” Loop
Detectors, 6’ Round, per Caltrans
Std. ES-5B. Loop Detectors shall
Comply with Latest CA MUTCD and
Connect to Existing Conductors and
DLC’s to Controller Cabinet per
Plans
45 EA $ $
19 Furnish & Install Type “F” Loop
Detectors per Caltrans Std. ES-5B.

Loop Detectors shall Comply with
Latest CA MUTCD and Connect to
Existing Conductors and DLC’s to
Controller Cabinet per Plans
21 EA $ $
20 Furnish & Install Modified Type “F”
Loop Detectors in Bike Lane per
Caltrans Std. ES-5B. Loop
Detectors shall Comply with Latest
CA MUTCD and Connect to Existing
Conductors and DLC’s to Controller
Cabinet per Plans
4 EA $ $
21 Install New Blue Raised Pavement
Markers (BRPM’s) 8 EA $ $

______________
Bidder’s Initials

ATTACHMENT 2
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The award of the Contract shall be based on the lowest responsive Total Base Bid Amount.

The CITY also reserves the right to reject all Bids.

_____________
Bidder's Initials
PROPOSAL (continued)
ADAMS AVENUE (from Royal Palm Drive to Santa Ana River) and ROYAL PALM DRIVE (from Adams Avenue to Elm Street) PAVEMENT REHABILITATION PROJECT NO. DECRIPTION EST.

QTY UNIT

UNIT
PRICE

TOTAL
AMOUNT
22 Additional Work Items Allowance 1 FA $ 100,000.00 $ 100,000.00

TOTAL BASE BID AMOUNT (in Figures): $

TOTAL BASE BID AMOUNT (in Words):

_______________________________________________________________________

ATTACHMENT 2
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PROPOSAL (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 co mputations 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 t he quantity shown in the Engineer’s Estimate.

5. COMMUNITY WORKFORCED AGREEMENT (CWA): This Contract is subject to the terms and conditions contained in the Community Workforce Agreement for this Project. The CWA is attached hereto and incorporated into the Contract. Contractor agrees to comply with all terms and conditions contained in the CWA and have incorporated any and all costs associated with compliance with the CWA into th e Contract Price.

_____________
Bidder's Initials

ATTACHMENT 2
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PROPOSAL
Base Bid (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.: ( ) ________________

_____________
Bidder's Initials
ATTACHMENT 2
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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 i tems 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
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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
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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
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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
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CITY OF COSTA MESA BIDDERS LIST

All bidders/proposers are required to provide the following information for all DBE and non -DBE subcontractors and suppliers, who provided a proposal, bid, quote, or were contacted by the proposed prime. This information is also required from the proposed prime contractor, and must be submitted with their bid/proposal. City of Costa Mesa will use this information to maintain and update a “Bidders List” to assist in evaluating the level of DBE participation on all Public Works projects. To the extent permitted by law, all information submitted will be held in confidence.

If Bidders List information is not submitted with the bid, it shall be submitted to the City of Costa Mesa, Construction Management Division, 77 Fair Drive, Costa Mesa, CA 92626, no later than 4:00 p.m. on the fourth day, not including Saturdays, Sundays and legal holidays, following the bid opening. Bidders List information sent by U.S. Postal Service certified mail with return receipt and certificate of mailing and mailed on or before the third day, not including Saturdays, Sundays and legal holidays, following bid opening will be accepted even if it is received after the fourth day following bid opening. Failure to submit the required Bidders List information by the time specified will be grounds for finding the bid or proposal non-responsive.

Firm Name: ___________________________________ Phone: _________________

Address: _____________________________________ Fax: _________________

_____________________________________

Contact Person: _______________________________ No. of years in business:____

Is the firm currently certified as a DBE under 49 CFR Part 26?

YES NO

Type of work/services/materials provided by firm? __________________________________

What was your firm’s Gross Annual receipts for last year?

Less than $1 Million
Less than $5 Million
Less than $10 Million
Less than $15 Million
More than $15 Million

This form can be duplicated if necessary to report all bidders (DBE subcontractors, non-DBE subcontractors and/or suppliers’ information).

3. _____________
Bidder's Initials
ATTACHMENT 2
177

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
178

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
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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
180

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: ADAMS AVENUE (from Royal Palm Drive to Santa Ana River) A nd ROYAL PALM DRIVE (from Adams Avenue to Elm Street) PAVEMENT REHABILITATION PROJECT, City Project No. 23-07

_____________
Bidder's Initials
ATTACHMENT 2
181

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
182

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
183

SECTION D

GENERAL PROVISIONS

PART 1

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 amend ments 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.

All of the Contract Documents are intended to be complementary. Work required by one of the Contract Documents and not by others shall be done as if required by all. This Contract shall supersede any prior agreement of the parties.

ATTACHMENT 2
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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.

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."

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 further
specified in contract agreement.

(d) ENGINEER

The administrating officer of the City of Costa Mesa
or his authorized representative hereinafter referred
to as ENGINEER.

(e) BIDDER

(f) COMMUNITY

WORKFORCE AGREEMENT
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.

The agreement between the City of Costa Mesa, the
Los Ange les/Orange Counties Building and
Construction Trades Council, and the signatory
Craft Councils and Local Unions entered into on
February 1, 2022, that governs onsite labor on the
project.

ATTACHMENT 2
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(f) LEGAL ADDRESS OF

CONTRACTOR
The legal address of the Contr actor 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

CWA
State of California, Department of Transportation,
Division of Highways

The Community Workforce Agreement

O.C.E.M.A. Orange County Environmental Management
Agency

L.A.C.F.C.D. Los Angeles County Flood Control District

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 ATTACHMENT 2
186
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 prop osals, 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 C ontract Documents, or finds discrepancies in, or omissions from the drawings or specifications, (It, he, she) may make a request to the ENGINEER, in writing, for an interpretation or correction thereof pursuant to the provisions in the Information for Bidders section of these specifications. The person submitting such a request shall be responsible for its prompt delivery. A ll 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 C ontract Documents at ( its, his , her) last address of record. The CITY will not be responsible for any other explanations or interpretations of the Contract Documents.

1-6.1.2 Soil Conditions

The BIDDER shall inspect the soil conditions before submitting a bid. By submitting a bid, the BIDDER acknowledges that he is satisfied with the quality of the work area including but not restricted to the conditions affecting, handling and storage of materials, disposal of excess materials, and the soil conditions.

ATTACHMENT 2
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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.

The Prime Contractor agrees to pay each Subcontractor under this prime contract for satisfactory performance of its contract no later than 7 days from the receipt of each payment the Prime Contractor receives from AGENCY.

The Prime Contractor agrees further to release retainer payments to each Subcontractor within 30 days after the subcontractor’s work is satisfactorily completed.

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 ATTACHMENT 2
188
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, if requested by the City 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.

ATTACHMENT 2
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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.

SECTION 2 – SCOPE OF THE WORK

2-1 WORK TO BE DONE
[Replace in its entirety with the following:].

The Work to be performed consists of, but is not limited to: mobilization; saw -cutting, removal and disposal of existing pavement and miscellaneous improvements; cold milling of existing Asphalt Concrete (AC) pavement surface; crack sealing; full depth reconstruction of localized failed pavement sections; DGAC base course; AC leveling course; Asphalt Rubberized Hot Mix Gap Graded (ARHM-GG-C) surface course/overlay; adjustment of manholes, water valves and miscellaneous utilities to grades; notifications to businesses and residents; thermoplastic traffic striping, signing & loop replacement; traffic & pedestrian control; construction phasing; public convenience & safety; water quality BMPs; construction staking, survey monument recovery & re- establishment and all other work as required 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.

The Contractor shall secure or maintain in force during the period covered by any Agreement resulting from this solicitation all licenses and permits required by law for the operation of their business.

2-5 THE CONTRACTOR’S EQUIPMENT AND FACILITIES

2-5.1 General
[Add the following:].

ATTACHMENT 2
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The Contractor shall only use the proper construction equipment to protect the City streets from breaking up and deterioration. Haul trucks shall be limited to a gross vehicle weight of 10 tons or less.

2-5.1.1 RIGHT-OF-WAY
[Add the following to this subsection:].

When the contractor arranges for temporary use of private property for additional work areas and facilities required for the Contractor’s convenience, to meet requirements, or other reason(s), the Contractor shall provide the City with written agreement authorizing use of said property.

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, ATTACHMENT 2
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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 recycl ing construction and demolition material.

The City of Costa Mesa requires that all hauling activity in Costa Mesa comply with one of the waste hauling options for your construction and demolition related project:
• Use Franchise Waste Hauler
• Self-Haul Permit - https://www.costamesaca.gov/city-hall/city-departments/public- services/waste-collection-and-recycling

A Construction and Demolition Reporting Form as provided in the Miscellaneous Document Section of these Specifications must be completed and submitte d 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.

ATTACHMENT 2
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SECTION 3 – CONTROL OF THE WORK

3-1 ASSIGNMENT
[Replace the 1st 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.

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 mat erial 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 ATTACHMENT 2
193
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.

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 authorit y 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.

ATTACHMENT 2
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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 t he ENGINEER, free of charge, copies of plans, general provisions, special provisions and additions to the Standard Specifications that are reasonably necessary for the execution of work.

Contractor shall, at its own expense, obtain copies of the Standard Specifications and Standard Plans and Specifications of CALTRANS, for his general use.

If after the Contract is awarded it appears that the work to be done, or any matter relative thereto, is not sufficiently detailed or explained in the specifications and plans, the Contractor shall apply to the 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.

The Contractor shall maintain a control set of plans and specifications at all times throughout the construction period. As approved by the Engineer, all final locations determined in the field and any deviations from the plans and specifications shall be marked in red on this control set to show the As -Built conditions. Updates to the control set shall be submitted to the Engineer prior to each monthly progress payment. Upon completion of all work, the Contractor shall submit the control set As -Built Plans.

Additionally, the Contractor shall provide the following:

ATTACHMENT 2
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Street Improvements: Any deviations from the contract plans such as: alignments, and appurtenance locations shall be noted (drawing sketch) on the control plan and a copy submitted to the Engineer no later than (5) working days from the occurrence.

Storm Drain Improvements: Any deviations from the contract plans such as: alignments, elevations, modifications to pipe/structures sizing/material.

Sewer Improvements: Any deviations from the contract plans such as: alignments, elevations, modifications to pipe/structures sizing/material. Contractor shall also provide CCTV inspection recordings/videos in format required by Engineer.

Water Improvements: Any deviations from the contract plans such as: alignments and appurtenance locations shall be noted (drawing sketch) on the control plan and a copy submitted to the Engineer no later than (5) working days from the occurrence.

Traffic Improvements: Any deviations from the contract plans such as: location of poles, pull boxes and runs, depth of conduits, number of conductors, and other appurt enant work, for future reference.

Within (15) days of completion of all work, the Contractor shall submit the control set of as-built plans to the Engineer. Final payment will not be made until this requirement is met.

3-7.2 Precedence of the Contract Documents.

If there is a conflict between any of the Contract Documents, the document highest in the order of precedence shall control. The order of precedence, from highest to lowest, shall be as follows:

a) Permit issued by jurisdictional regulatory agencies. b) Change Orders and Supplemental Agreements; whichever occurs last. c) Contract/Agreement.
d) Addenda.
e) Bid/Proposal.
f) Technical Provisions.
g) Special Provisions.
h) Plans.
i) Standard Plans.
j) Standard Specifications.
k) Reference Specifications.

Detail drawings shall take precedence over general drawings. The precedence of the notice inviting bids and instruction to bidders shall be as specified in the Special Provisions.

ATTACHMENT 2
196
3-10 SURVEYING
[Replace with the following:].

3-10.1 General

The following supersedes the provisions of this subsection:

The Contractor shall be responsible for directly obtaining the services of a California Licensed Land Surveyor to be in responsible charge of all survey work performed under this contract.

The Contractor shall be responsible for the scheduling of all survey requests.

The Contractor’s Surveyor shall provide construction staking for project improvements.

Any 25 FT of curb & gutter, driveway, bus pad, and cross gutter to be removed shall be staked and provide cut sheets to engineer prior to the removal to verify the flow line. A copy of the cut sheets shall be provided to the AGENCY for verification. Also a copy of all updated control set by the Contractor’s Surveyor; showing coordinates, elevation, and description shall be submitted, for quality management (as-built checks by Agency).

The AGENCY will provide construction plans and specifications for the project.

Construction stakes shall be set per the provided plans and specifications. The Contractor’s Surveyor shall notify the AGENCY immediately of any discrepancy or design errors discovered on the plans during staking or when verifying join points.

The Contractor’s Surveyor shall research existing County and City records for centerline survey monuments within the project area. Prior to construction, all monuments shall be tied-out and a Corner Record shall be recorded with the County Surveyor per Section 8771 of the Business and Professions Code of the State of California. After completion of construction, any monument disturbed or lost during construction shall be reset, in conformance with Section 8771. Each centerline intersection shall be drawn on a single Corner Record. A copy of all Corner Records shall be submitted to the AGENCY prior to a Notice of Completion being filed.

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 ATTACHMENT 2
197
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 W ork zone and along all haul routes acceptably clean whenever construction, including restoration, is incomplete.

[ Add the following to this subsection:].

The contractor shall keep the work site clean and free from rubbish and debris at the end of every working day. In addition, the Contractor shall be fully responsible for removing any graffiti placed on new improvements or Contractor’s equipment daily immediately at the start of the work day.

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.

ATTACHMENT 2
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3-12.3 Noise Control

The Contractor shall comply with all local sound control and noise level rules, regulations and ordinances which apply to any work performed pursuant to the contract. Each internal combustion engine, used for any purpose on the job or related to the job, s hall be equipped with a muffler of a type recommended by the Manufacturer. The noise level from the Contractor's operations shall not exceed 85 dba at a distance of 50 feet. This requirement in no way relieves the Contractor from responsibility for complying with local ordinances regulating noise level.

The said noise level requirements shall apply to all equipment on the job or related to the job, including but not limited to trucks, transit mixers, or transient equipment that may or may not be owned the Contractor. The use of loud signals shall be avoided in favor of light warnings, except those required by safety laws for the protection of personnel.

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.

3-12.4.2 Storage in Public Streets

[ Add the following to this subsection:].

Storage of equipment and materials on City residential streets or in the public right of way during non-working hours shall not be permitted, and may only be placed in the public right of way for purposes of use that day.

Overnight stockpiling of construction debris or excavated materials is not allowed.

Contractor must obtain written approval from the Engineer prior to storage of construction materials and equipment on the street where improvements are planned, but at minimum, adequate flashing barricades shall be provided.

No area is available within the contract limits for the exclusive use of the Contractor.

However, temporary storage of equipment and materials on City of Santa Ana property may be arranged with the Engineer, subject to the prior demands of the City of Costa Mesa. Use of the Contractor’s work areas and other City of Costa Mesa-owned property shall be at the Contractor’s own risk, and the City of Costa Mesa shall not be held liable for damage to or loss of materials or equipment located within such areas.

The Contractor shall remove equipment, materials, and rubbish from the work areas and other City of Costa Mesa – owned property that the Contractor occupies at the conclusion of each working day.

ATTACHMENT 2
199

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 (N
o 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 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).

Th
e 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.

ATTACHMENT 2
200

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.

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 ATTACHMENT 2
201
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.

When SWPPP is required, after award of the contract and prior to Contractor commencing work, the Contractor shall submit an Erosion and Sediment Control Plan, hereinafter referred to as ESCP, for review by the Engineer. The ESCP shall include erosion and sediment control BMPs for all activities occurring on the construction site and at any temporary storage yards that hold equipment and/or materials. The ESCP, at a minimum, shall be prepared per the applicable guidelines outlined in the California Storm Water Quality Association (CASQA) Best Management Practices Handbook. The Contractor shall make any necessary revisions to the ESCP as directed by the Engineer and the contractor shall not commence work until the ESCP has been approved by the Engineer.

The ESCP must be prepared by a licensed Civil Engineer; however the AGENCY may waive the requirement of licensed Civil Engineer if the Contractor can satisfactorily prove to the Engineer that the person preparing the ESCP is qualified in the field of erosion and sediment control.

The Contractor shall keep a copy of the ESCP at the construction site at all times, for the duration of the contract, and the Contractor shall implement all BMPs as shown in the ESCP, unless granted approval by the Engineer. Failure to implement BMPs properly may result in enforcement actions taken against the Contractor, by the AGENCY. The ESCP shall remain in effect until project completion and final stabilization of the construction site.

Extra erosion and sediment control BMPs shall be available on- site in order to replace failed BMPs or to be implemented during storm events. The Contractor shall mitigate ALL non- stormwater discharges from the construction site, unless granted approval by the AGENCY. The area adjacent to the construction site shall remain free of sediment and shall be swept regularly to be kept clean.

3-12.6.4 Dewatering
[Add the following:].

ATTACHMENT 2
202
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 wa ter 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.

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 2nd sentence of 1st paragraph with the following:].

The warranty period shall start on the date the Work is accepted by the Board. [Add the following:].

The Contractor hereby guarantees that the entire work constructed by him under the Contract will meet fully all requirements as to quality of workmanship and materials. The Contractor hereby agrees to make, at his own expense, any repairs or replacements made necessary by defects in materials or workmanship that became evident within one (1) year after the date of the completion, and to restore to full compliance with the requirements of these Contract Documents, including any test requirements set forth herein for any part of the work constructed hereu nder, which during said one (1) year period is found to be deficient with respect to any provisions of the Contract Documents.

The Contractor shall make all repairs and replacements promptly upon receipt of written ATTACHMENT 2
203
orders for the same from the City’s Representative. If the Contractor fails to make the repairs and replacements promptly, the City may do the work and the Contractor and his sureties shall be liable to the City for the cost thereof.

The guarantees and agreements set forth herein shall be secured by a Labor and Material Bond and acceptance of the work by the City. Said bond shall be in the form approved by the City Attorney and executed by a surety company or companies satisfactory to the City in the amount of one hundred percent (100%) of the Contract. Said bond shall remain in force for a period of seven (7 ) months after the date of Notice of Completion and acceptance. The Contractor shall provide the Faithful Performance Bond furnished under the Contract to remain in force and effect for said amount until the expiration of said one (1) year period.

SECTION 4 – CONTROL OF MATERIALS

4-1 GENERAL

Should the Contractor fail to correct deficiencies or public nuisances that have been created because of his/her operation, then these will be considered to be of an emergency nature, and will call for the AGENCY to move in on the project to take corrective action.

Such work will be done on a force account basis with an additional callout charge. There is a minimum two-hour charge for labor on any callout plus an additional callout charge of $300.

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.

ATTACHMENT 2
204
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.

SECTION 5 – LEGAL RELATIONS AND RESPOSIBILITIES

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:].

Per Section 1771.4(a)(2) of the California Labor Code, Contractors are required to post job site notices, as prescribed by regulation.

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

5-3.2 P revailing Wages
[ Add the following to this subsection:].

Certified Payroll Records shall be submitted to the Engineer every two weeks beginning with the actual start day of construction, and shall be consecutively numbered until the completion of the work. Progress payments will be withheld pending receipt of any outstanding reports.

ATTACHMENT 2
205
The Contractor shall assure that a qualified supervisor is present at all times when work is being performed.

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.

Any stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor that affect Contractor’s performance of work, including any delay, shall be Contractor’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Contractor caused delay subject to any applicable liquidated damages and shall not be compensable by the City. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor.

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.

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 ATTACHMENT 2
206
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.

5-7.8 Steel Plate Covers

5-7.8.1 General

[ Add the following:].

When backfilling operation of an excavation in the travel way, whether transverse or ATTACHMENT 2
207
longitudinal cannot be properly completed within a work day, steel plate bridging with a non-skid surface and shoring may be required to preserve unobstructed traffic flow.

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 1st Paragraph with the following:].

The Contractor's proposed Construction Work Schedule shall be submitted to the ENGINEER for approval within ten (10) working days after the date of the BOARD’s execution of the Contract Agreement. The Construction Work Schedule shall be supported by written statements from each supplier of materials or equipment indicating that all orders have been placed and acknowledged, and setting forth the dates that each item will be delivered. The Construction Work Schedule shall provide sufficient detail to delineate the main milestones start and end dates for each activity with chronological relationships of all the activities of Work showing the number of working days required to complete the entire project within the Contract Days. The schedule shall also incorporate the requirements of Section 402- 5 of the Standard Specifications to complete the Work within the Contract Days. Prior to issuing the 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 ATTACHMENT 2
208
sub-activities.

[ 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 1st Sentence with the following:].

The Contractor s hall 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 sixty (60) 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.

6-6 SUSPENSION OF THE WORK

6-6.1 General
[ Add the following to this subsection:].

Should suspension of work be ordered by reason of the failure of the contractor to carry out orders or to perform any provisions of the contract; or by reason of weather conditions being unsuitable for performing any item or items of work; the contractor, at its expense, shall do all the work necessary to provide a safe, smooth, and unobstructed passageway through construction for use by public traffic during the period of such suspension. In the event that the contractor fails to perform the work above specified, the City will perform such work and the cost thereof will be deducted from payment due or to become due t o the contractor.

If a suspension of work is ordered by the Engineer, due to the failure on the part of the contractor to carry out orders given or to perform any provision of the contract, the days ATTACHMENT 2
209
on which the suspension order is in effect shall be considered working days.

6-7 TERMINATION OF THE CONTRACT FOR DEFAULT

6-7.3 Notice of Termination for Default
[Replace the 1st Paragraph with the following:].

The ENGINEER will make the determination if the Contractor had failed to commence satisfactory corrective action within 5 working days after the receipt of the notice to cure, or to diligently continue satisfactory and timely 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.

6-9 LIQUIDATED DAMAGES
[ Replace the 1ST Paragraph with the following:].

The CONTRACTOR shall pay to the CITY the sum of $1,500 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). Execution of the contract under these specifications shall constitute agreement by the Agency and Contractor that $1,500 per calendar day is the minimum value of the costs and actual damage caused by failure of the Contractor to complete the Work within the allotted time. Such sum is liquidated damages and shall not be construed as a penalty, and may be deducted from payments due the Contractor if such delay occurs.

In addition to the liquidated damages specified, if the Contractor fails to complete the work within the time specified for completion, plus any authorized time extensions, the Agency shall have the right to charge to the Contract all or any part, as it may deem proper, of the actual costs of inspection, supervision and other overhead expenses that are directly chargeable to the project and that accrue after the expiration of such specified time for completion plus authorized extensions. This charge will be addition to the payment of liquidated damages.

ATTACHMENT 2
210

SECTION 7 – MEASUREMENT AND PAYMENT

7.2 LUMP SUM WORK
[ Add the following to this subsection:].

Contractor shall submit for approval a schedule of values for all lump sum work. Failure to submit may delay payment for said work.

7.3 PAYMENT

7-3.1 General
[ Replace the 1ST Paragraph with the following:].

Payment for the various items listed on the Bid Proposal, as further specified herein, shall constitute full compensation to the 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 1st Paragraph in its entirety with the following:].

The closure date for the purpose of making partial progress payments will be the last day of each month. The Contractor may request, in writing, that such monthly closure date be changed. The ENGINEER may approve such request when it is compatible with the CITY’s payment procedure.

[ Replace the 2nd Paragraph in its entirety with the following:].

Each month, the Contractor shall meet with the Engineer, a minimum of three (3) working days prior to the submittal of the progress payment to the AGENCY, to finalize and receive approval regarding the measurement of the Work performed through the closure date and ATTACHMENT 2
211
the estimated value of the progress payment based on the Contract Unit Prices or as provided for in the Standard Specifications. Any progress payment submitted without such approval will be considered incomplete and returned to the Contractor and no payment shall be considered until such approval is obtained.

[ Replace the 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 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. The amount of any liquidated damages will be deducted from earned progress payments due the Contractor.
[ 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 co mpletion 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 ATTACHMENT 2
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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.

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.

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City will be strictly monitoring the Contractor for prompt payment to all subcontractors.
[Add the following:].

7-3.2.2 Prompt Pay Monitoring and Enforcement of Progress Payments

The City of Costa Mesa will use the following monitoring and enforcement mechanisms to ensure that all subcontractors, including DBE’s, are promptly paid.

A. The City will strictly monitor the prime contractor or subcontractor(s) for prompt release of progress payments for all subcontracted work as follows:

1. The effective date of release is the date the City releases the check to the prime contractor by mailing or hand delivery at the City of Costa Mesa (has to be requested in writing ahead of time).

2. Prime contractor or subcontractor(s) to provide verification in writing that the subcontracts have been paid within 7 days or the time period agreed, from the effective date of release.

3. City may contact subcontractor(s) to confirm receipt of progress payment amount and if it was received 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.

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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 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.

The Contractor shall also video any unusual conditions encountered during construction that are not already a matter of photographic record. In any areas where existing conditions cannot be determined by means of videos, the areas shall be restored as approved by the Engineer at t he Contractor’s expense. All videos shall become the property of the City.

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Payment for mobilization shall be considered as included in the other items of work and no additional compensation will be allowed therefore.

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

7-4.1 General
[Add the following to this subsection:].

For such extra work the contractor shall receive payment as agreed upon in writing, or shall be paid on force account. Work involving contract unit prices, the contractor shall not exceed any of the quantities in the proposal unless prior authorization from the engineer is obtained in writing.

Material charges shall be substantiated by valid copies of vendor’s invoices. Such invoices shall be submitted with the daily extra work reports, or if not available, they shall be submitted with subsequent daily extra work reports. When these daily extra work reports are agreed upon and signed by both parties, said reports shall become the basis of payment for the work performed.

7-4.2 Basis for Establishing Costs.

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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; ap prenticeship 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.

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 ten (10) 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.

7-6 SUMMARY OF PUBLIC CONTRACT CODE § 9204

The following procedure will apply to any claims by the Contractor on the City:

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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 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.

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SECTION E

SPECIAL PROVISIONS
PART 1-8

[Add the following Section:].

PART 1

GENERAL

100-1 GENERAL

Additions/Modifications to Standard Specifications

The following additions are made to the latest edition of the “Standard Specifications for Public Works Construction” (The “Greenbook”), and the General Provisions stated within the “Standard Specifications” of this Project. Should there be a conflict between any of these provisions; the Special Provisions shall have precedence.

All work shall be performed in conformance with the latest edition of the Uniform Building Code as adopted by the City of Costa Mesa. The electrical, plumbing, and fire codes, and other regulations as adopted by the City of Costa Mesa Building Official shall apply to this project.

Where 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.

If the item of work is identified within the Proposal section of these Specifications, then the following bid item descriptions will provide the corresponding bid item numbering within each corresponding section of the Standard Specifications under the Subsection entitled “Measurement and Payment” or “Payment”. All other sections and subsections shall conform to the Standard Specifications unless modified herein.

The unit prices and lump sum amounts to be paid for under the bid items listed in the Proposal shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals necessary for the completion of the work and for performing all work contemplated and embraced under the Contract, in accordance with the Plans and Contract Documents. This shall include the Contractor's costs involved with bonding, insurance, worker's compensation, overhead, financing, obtaining required permits and permit fees, mobilization, traffic control, public convenience and safety, protective barricading/fencing, sanitary facilities, storage of equipment and materials, security against theft and vandalism, project site maintenance, dust and runoff control, clean-up including all costs for compliance with the regulations of public agencies having jurisdiction, including Safety and Health Requirements of the California Division ATTACHMENT 2
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of Industrial Safety and the Occupational Safety and Health Administration (OSHA) of the U. S. Department of Labor, .and all other items related to the work.

Payment for compliance with the following provisions shall be included in the various bid items of work unless otherwise modified in the special provisions section. No additional compensation will be allowed.

No separate payments will be made for any items that are not specifically set forth in the Bid Proposal. Payments for any such items are included in various bid items of work.

Costs arising from violations of regulations will be paid by the offending party to the extent that there will be no additional cost to the City.

Payment for unit price work shall be made for the actual quantities of Contract Items removed, constructed, or disposed of in accordance with the Plans and these Specifications. Measurement of Unit Price work shall be specified in the Standard Specifications, Section 7-1, "Measurement of Quantities for Unit Price Work." Payment for Lump Sum work shall be paid for at the price indicated in the Bid, in accordance with the Standard Specifications, Section 7-2, "Lump Sum Work."

Payment for all work shall be included in the various bid items. No additional compensation shall be made therefore. Work associated with each bid item shall include, but not be limited, to the bid descriptions set forth herein.

Bid Item 1 – Mobilization (5% Maximum)

Mobilization shall comply with Section 7-3.4 of the General Provisions.

Add the following:

Mobilization shall consist of preparatory work and operations including, but not limited to, those necessary for the movement of personnel, equipment, supplies and incidentals to the project site. Mobilization shall additionally include the establishment of any temporary facilities, utilities, construction fencing and barricades, and the provision and installation of project signs.

Mobilization shall include all work shown on the plans, which is not compensated in a bid item of work. 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, restoration and adjustment of existing improvements, and establishing the location and depth of city traffic signal conduit, by potholing as necessary, where significant excavation may occur.

Underground facilities on these plans are for reference only. It is the contractor’s responsibility to determine the exact location of potentially conflicting conduit.

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The Contractor shall obtain bonds, insurance, and financing for entire project prior to beginning work.

The Contractor shall provide supervisory personnel to keep the construction site in a safe condition and all other related work as required at all times. These requirements shall also apply to all non-working days during construction period. The Contractor is responsible for securing an adequate storage site for equipment and materials.

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.

A minimum of one week before the start of construction, the Contractor shall video all areas where construction is to take place. The video shall be supplied to the Engineer before constructions begins. Videos will serve as a record of the existing conditions for disputes that may arise from restoration and should therefore be taken along the line of construction and site access and staging areas at sufficient detail as necessary to clearly depict details of existing conditions. Videos shall be a DVD or digital, in color, indexed and catalogued in such a manner that each photographed area is readily identifiable and shall also indicate the date and time (hours, minutes and seconds) when it was made. The Contractor shall also video any unusual conditions encountered during construction that are not already a matter of photographic record. In any areas where existing conditions cannot be determined by means of videos, the areas shall be restored as approved by the Engineer at the Contractor’s expense. All videos shall become the property of the City.

Full compensation for the requirements of Mobilization (5% Maximum) will be paid for at the contract LUMP SUM (LS) price bid , and shall include mobilization and demobilization for the entire contract period, securing a storage yard to store all equipment and materials to be used on the job, temporary, handling of sewage, disposal of waste materials, restoration of the site, all labor, tools, equipment, materials, warranties, work schedules, providing bonds, insurance, financing, permits and permit fees, public notifications, public notifications & coordination, moving equipment to the job site and all incidentals required to complete the work. It shall be considered full compensation for obtaining all business licenses and permits, as required for the entire project, from all related agencies, including, but not limited to, utility companies, private and public agencies and the CITY; and complying with the requirements specified in those licenses and permits; coordination, field office facility, all required submittals specified within these Specifications, and incidentals necessary to perform all related items of work. Progress payments for Mobilization and Demobilization bid item shall be paid for in accordance with the completion percentage of the Project to the Contractor and shall include the cost of such mobilization/demobilization and administration during the entire Contract period.

Payment for Mobilization (5% Maximum) shall be paid for at the contract LUMP SUM (LS) price bid and shall be payable as follows, for each payment upon approval of the Engineer.

a. Payment of up to 50 percent of the contract lump sum bid price for Mobilization at ATTACHMENT 2
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the first progress payment.
b. Payment to 75 percent of the contract lump sum bid price for Mobilization when the monthly partial payment estimate of the total amount earned to date, not including the amount earned for mobilization, is 30 percent or more of the original contract amount.
c. Payment to 100 percent of the contract lump sum bid price for Mobilization when the monthly partial payment estimate of the total amount earned to date, not including the amount earned for mobilization, is 50 percent or more of the original contract amount.

The maximum price for this bid item shall not exceed 5 percent (5%) of the total contract price at the time of award. No additional compensation will be allowed therefore.

Bid Item 2 – Water Quality Best Management Practices (BMP’s)

Contractor shall follow the water pollution control and Best Management Practices (BMPs) guidelines enumerated in Section 3-12.6 of the “Standard Specifications for Public Works Construction” (The “Greenbook”), and also Section 3-12.6 of the General Provisions stated within the “Standard Specifications” of this Project and these contract bid documents.

Add the following:

The Contractor shall utilize Best Management Practices (BMP's) during construction to ensure that sediment from storm runoff and construction activities does not enter storm drains. Some of the primary Water Pollution Control measures anticipated for this project include, but are not limited to, covering all storm drains inlets in the project vicinity with water permeable fabric and gravel bags prior to performing any AC grinding, removal or paving operations; properly fueling and cleaning all equipment/vehicles; maintaining an ample supply of gravel/sand bags on-hand when excavating new PCC sidewalk/ramp/curb/gutter improvements in the event of rain; properly containing all PCC treatment materials such as the coloring agents, exposed aggregate etching chemicals and surface treatment chemicals required to install the detectable warning mats; properly covering all incoming material trucks and all out going debris hauling vehicles; providing restroom facilities for workers; and regular street sweeping of the work area and haul routes to the satisfaction of the City of Costa Mesa.

The requirements of all of the following agencies shall be met and maintained and where there is a conflict between requirements, the most stringent requirement shall govern.

1. Regional Water Quality Control Board

2. Orange County Flood Control District

The Contractor shall submit a Best Management Practice (BMP) Plan for containing any wastewater or storm water runoff from the project site including, but not limited to the following:

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1. No placement of construction materials where they could enter storm drain system, which includes gutters that lead to catch basins.

2. Checking construction vehicles for leaking fluids.

3. Providing a controlled area for cleaning or rinse-down activities.

4. Monitoring construction activities.

5. Minimizing usage of water when saw-cutting and vacuum the residue.

6. Providing measures to capture or vacuum-up water contaminated with construction debris.

7. Removing any construction related debris on a daily basis. 8. Protecting work areas from erosion.

The BMP will be approved by the Engineer prior to any work. The City of Costa Mesa will monitor the adjacent storm drains and streets for compliance. Failure of the Contractor to follow BMP plan will result in immediate cleanup by City and back- charging the Contractor for all costs plus 15 percent. It is assumed that the Contractor will apply for the “Small Construction Rainfall Erosivity Waiver” as defined in the General Permit. Filing of the waiver does not relieve the Contractor of submitting BMP’s to be used on site during construction, nor does it relieve the Contractor from conforming to the storm water requirements of the State Water Resources Control Board. The Contractor shall complete the electronic Notice of Intent (NOI) and Sediment Risk form through the State Water Board’s SMARTS system, certifying that the construction activity will take place during a period when the value of the rainfall erosivity factor is less than five. In the event that the Rainfall Erosivity Waiver is not granted by the State Water Resource Control Board, the Engineer shall be notified immediately.

Full compensation for the requirements of Water Quality Best Management Practices (BMP’s) implementation, will be paid for at the contract LUMP SUM (LS) price bid , and shall include all labor, tools, equipment, materials, supplies, sweeping with a self- propelled mechanical mobile sweeper, preparation, implementation and maintenance of BMPs on the construction site as required to prevent storm water pollution within the project limits, twenty-four (24) hours per day during the life of the Contract. Includes preparation and filing of the Notice of Intent (NOI) and “Small Construction Rainfall Erosivity Waiver” as specified herein and as described in the SSPWC, all National Pollutant Discharge Elimination System (NPDES) and all related activities, clean-up and incidentals required to complete the work in place. Contractor shall follow the water pollution control and Best Management Practices (BMPs) guidelines enumerated in Section 3-12.6 of the “Standard Specifications for Public Works Construction” (The “Greenbook”), and also Section 3-12.6 of the General Provisions stated within the “Standard Specifications” of this Project and these contract bid documents. No additional compensation shall be allowed therefore.

Payment for this item, including all NPDES related activities, shall be paid as a percentage of completed work to date. Payment shall be made as the work proceeds and shall constitute full compensation for the completion of the work. It shall be paid as follow: 1/3 at start of construction, 1/3 at 50% completion of the work and 1/3 at 100% completion of the work.

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Bid Item 3 – Traffic & Pedestrian Control, Construction Phasing & Public Convenience & Safety

Full compensation for the requirements of Traffic & Pedestrian Control, Construction Phasing & Public Convenience & Safety will be paid for at the contract LUMP SUM (LS) price bid , and shall include all labor, tools, equipment, materials and incidentals necessary to provide measures to protect and maintain traffic and pedestrians, twenty- four (24) hours per day during the life of the Contract, including preparation and processing of a traffic and pedestrian control and construction phasing plans for City approval prior to the start of construction, temporary pavement, detours, the furnishing of such personnel, flaggers, traffic control supervisor, including the furnishing of daily records of traffic control activities, barricades, four (4) portable changeable message signs (PCMS), temporary pavement markings and striping (paint and tape), barrier rails, non-climb fencing, flashers, bridges, plates, furnishing and installing signs and all other incidentals required to complete the work as may be required to ensure the safety of the traveling public and pedestrians in accordance with these Special Provisions. A traffic and pedestrian control plan for each phase of construction must be submitted and approved prior to commencing any work in that phase of the construction. No additional compensation will be allowed therefore.

Progress payments shall be pro-rated in proportion to the total value of work completed to date as a function of the total awarded contract amount.

Bid Item 4 – Traffic Signing, Thermoplastic Striping, Pavement Markings, RPM’s & Curb Painting

Full compensation for the requirements of Traffic Signing, Striping, Pavement Markings, RPM’s & Curb Painting will be paid for at the contract LUMP SUM (LS) price bid , and shall include all labor, tools, equipment, material and incidentals necessary to complete the work as shown on the plans and in these Special Provisions, including but not limited to installing new signs, new posts (when applicable), mounting hardware to install signs on street light poles (when applicable), water blasting and removal of existing thermoplastic striping, removal of existing RPM’s, new thermoplastic striping and pavement legends, RPM’s, and painting of all red curbs as shown on the plans and as directed by the Engineer. No additional compensation will be allowed therefore.

Bid Item 5– Reset Existing Survey Monuments and Ties

Full compensation for the requirements of Reset Existing Survey Monuments and Ties, shall be paid for at the contract unit price bid per EACH (EA) monument set or re- established, including ties, and shall include monument recovery and inventory, setting pre-construction ties and corner records, post-construction ties and corner records, County of Orange filing fees, re-establishing existing and setting new or missing monuments including ties, record of survey and maps as required by law, and providing the City with copies of all survey documentation and maps and all labor, tools, equipment, materials, fees and other incidentals necessary to complete this work as described herein. All survey services shall be done by a Professional Land Surveyor or a Professional Civil Engineer authorized and licensed to practice land surveying within the State of California.

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Bid Item 6 – Cold Mill Existing AC Pavement 2.5” per Typical Sections, Plans & Detail A-1 on Sheet 2 & Crack Seal

Full compensation for the requirements of Cold Mill Existing AC Pavement 2.5” per Typical Sections, Plans & Detail A-1 on Sheet 2 & Crack Seal, will be paid for at the contract unit price bid per SQUARE FOOT (SF) , including cold milling 2.5” of existing asphalt concrete (AC), miscellaneous pavement and pavement reinforcement fabric (Petromat) per Typical Sections, Plans and Detail A-1 on Sheet 2 of plans, crack sealing, and disposal of residue, hauling and furnishing the asphalt concrete for and constructing, maintaining, removing, and disposing of temporary asphalt concrete tapers as specified in these special provisions and as directed by the Engineer, and all labor, tools, equipment, materials and incidentals required to complete the work, complete in place and as accepted by the Engineer. The quantity to be paid for will be the actual area of surface cold planed, irrespective of number for passes required to obtain the depth shown on the plans. No additional compensation shall be allowed.

Bid Item 7 – Asphalt Concrete (AC) Level Course (Type C2 PG 70-10-RAP) (10% Max. RAP) (0.5” Max. per Typical Sections)

Full compensation for the requirements of Asphalt Concrete (AC) Level Course (Type C2 PG 70-10-RAP) (10% Max. RAP) (0.5” Max. per Typical Sections), will be paid for at the contract unit price bid per TON (TON) based on certified weigh master tickets.

This item includes all AC pavement required to construct the 0.5” (maximum) thick asphalt concrete level course roadway pavement per the Typical Sections shown on plans. The unit price bid shall include surface preparation, tack coat, compaction, and all labor, tools, material, equipment and incidentals required to complete the work. No additional compensation will be allowed.

Bid Item 8 – Asphalt Rubber Hot Mix (ARHM-GG-C PG 64-16) Surface Course (2” per Typical Sections)

Full compensation for the requirements of Asphalt Rubber Hot Mix (ARHM-GG-C PG 64-16) Surface Course (2” per Typical Sections), will be paid for at the contract unit price bid per TON (TON) based on certified weigh master tickets, and shall include full compensation for all ARHM surface course/overlay pavement, 2” thick, per Typical Sections shown on plans. The unit price shall include all surface preparation, tack coat, rock dust blotter, compaction, labor, tools, equipment materials, and incidentals required to complete the work. No additional compensation will be allowed.

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Bid Item 9 – Sawcut & Remove Ex. and Construct 10” Dense Graded Asphalt Concrete (DGAC) Pavement (Type B PG 70-10-RAP) (10% Max. RAP) over Native (95% Relative Compaction) per Detail A-2 on Sheet 2 of Plans, as directed by the Engineer

This item shall include sawcutting, removal and disposal of existing AC pavement sections (digouts), as directed and authorized by the Engineer, in the field after cold milling is completed . This item also includes subgrade preparation, tack coat and construction of new 10” thick DGAC pavement over compacted native (95% relative compaction), and all labor, tools, equipment, materials and incidentals required to complete the work, in place as directed by the Engineer.

Full compensation for the requirements of Sawcut & Remove Ex. and Construct 10” Dense Graded Asphalt Concrete (DGAC) Pavement (Type B PG 70-10-RAP) (10% Max. RAP) over Native (95% Relative Compaction) per Detail A-2 on Sheet 2 of Plans, as directed by the Engineer, will be paid for at the contract unit price bid per SQUARE FOOT (SF) as directed by the Engineer. This item includes all sawcut, removal and disposal of existing roadway section, bituminous pavement, macadam, concrete pavement, base materials, pavement reinforcing fabric (Petromat), abandoned concrete and/or steel culverts, unsuitable materials, irrigation improvements, plants, root pruning, removal of existing base material and other unclassified excavation necessary to establish the finished subgrade elevations for the roadway improvements and dig- outs, as directed by the Engineer. This item also includes all 10” thick, dense graded asphalt concrete (DGAC) base course pavement Type B PG 70-10 (10% maximum RAP) over compacted suitable native materials (95% relative compaction) as required to reconstruct the roadway digouts at the locations as directed and authorized by the Engineer after the cold milling operation is complete. The unit price bid shall include surface preparation, tack coat, compaction, and all labor, tools, material, equipment and incidentals required to complete the work. This item may or may not be used, and shall not be subject to the SSPWC 25% limitation on quantity changes. No further compensation will be allowed.

Bid Item 10 – Adjust Water Valve Can & Cover to Grade

Full compensation for the requirements of Adjust Water Valve Can & Cover to Grade will be paid for at the contract unit price bid per EACH (EA) , and shall include replacing all damaged valve cans and covers with new valve cans and covers in conformance with Mesa Water District Standard Drawing 14A and Mesa Water District Specifications, as directed by the Engineer, and all labor, tools, equipment, materials and incidentals necessary to complete the work involved in adjusting water valve can and cover to finished surface grade, including vacuuming and cleaning the water valve can of all debris so as to expose the valve nut, repaving around the adjusted valve, installation of valve markers on the curb, if necessary, complete in place, and all incidentals, as directed by the Engineer. No additional compensation will be allowed.

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Bid Item 11 – Adjust Manhole Frame & Cover to Grade

Full compensation for the requirements of Adjust Manhole Frame & Cover to Grade will be paid for at the contract unit price bid per EACH (EA), and shall include all labor, tools, equipment and materials necessary to complete the work involved in adjusting existing Costa Mesa Sanitary District (CMSD) sanitary sewer manhole frames and covers to new finished grade in conformance with Costa Mesa Sanitary District Standard Drawing No. S-105 and Specifications, as required, including lowering and temporary A.C. ramping, replacing damaged manhole rings and covers as directed by the Engineer, and all incidentals. No additional compensation will be allowed.

Bid Item 12 – Adjust Storm Drain Manhole Frame & Cover to Grade

Full compensation for the requirements of Adjust Storm Drain Manhole Frame & Cover to Grade will be paid for at the contract unit price bid per EACH (EA) , and shall include all labor, tools, equipment and materials necessary to complete the work involved in adjusting existing storm drain manhole frames and covers to new finished grade in conformance with SPPWC Std. Plan No. 205-3, including temporary A.C. ramping, replacing damaged manhole rings and covers as directed by the Engineer, and all incidentals. No additional compensation will be allowed.

Bid Item 13 – Adjust Well Monument Can & Cover to Grade

Full compensation for the requirements of Adjust Well Monument Can & Cover to Grade will be paid for at the contract unit price bid per EACH (EA) , and shall include adjusting existing and new well monument cans and cover to grade in conformance with City of Costa Mesa Standard Drawing Nos. 613 and 614, and all labor, tools, equipment, materials and incidentals necessary to complete the work involved in adjusting well monument cans and covers to finished surface grade, including vacuuming and cleaning the well monument can of all debris and repaving around the adjusted well monument can, as directed by the Engineer. No additional compensation will be allowed.

Bid Item 14 – Taper Cold Mill Existing AC Pavement (2” Max.) per Detail A-1 on Sheet 2 & Typical Sections (Royal Palm Dr.)

Full compensation for the requirements of Taper Cold Mill Existing AC Pavement (2” Max.) per Detail A-1 on Sheet 2 & Typical Sections (Royal Palm Dr.), will be paid for at the contract unit price bid per SQUARE FOOT (SF), including taper milling of existing asphalt concrete (AC), miscellaneous pavement and pavement reinforcement fabric (Petromat) on Royal Palm Drive per Typical Sections on plans, crack sealing, and disposal of residue, hauling and furnishing the asphalt concrete for and constructing, maintaining, removing, and disposing of temporary asphalt concrete tapers as specified in these special provisions and as directed by the Engineer, and all labor, tools, equipment, materials and incidentals required to complete the work, complete in place and as accepted by the Engineer. The quantity to be paid for will be the actual area of surface cold planed, irrespective of number for passes required to obtain the depth shown on the plans. No additional compensation shall be allowed.

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Bid Item 15 – Sawcut & Remove Existing Structural Section, PCC & Miscellaneous Improvements (Thickness per Typical Section), Prepare Subgrade, Place, Grade and Compact Fill

Full compensation for the requirements of Sawcut & Remove Existing Structural Section, PCC & Miscellaneous Improvements (Thickness per Typical Section), Prepare Subgrade, Place, Grade and Compact Fill, will be paid for at the contract LUMP SUM (LS) price bid and shall include all labor, tools, equipment, materials and incidentals required to complete all work required for the proposed median reconstruction as shown on the plans, and the cost for clearing and grubbing, sawcutting, removal, haul away and disposal of all miscellaneous improvements, existing unsuitable materials, including P.C.C., A.C., Macadam, cement treated base and ARHM improvements, miscellaneous brick, concrete stamped and special paving, steel or welded wire mesh reinforcement, pavement reinforcing fabric (Petromat), aggregate base excavation, abandoned interfering utilities, unclassified excavation, unclassified fill, borrow excavation, conditioning, subgrade preparation, import, export and disposal, grading and re-grading as needed, and compaction (95% relative compaction). No additional compensation will be allowed therefore.

Bid Item 16 – Construct 8” (Min.) PCC Curb over 6” CMB per City Standard Dwg.

No. 311, Type A (Modified Variable Curb Face)

Full compensation for the requirements of Construct 8” (Min.) PCC Curb over 6” CMB per City Standard Dwg. No. 311, Type A (Modified Variable Curb Face), will be paid for at the contract unit price bid per LINEAL FOOT (LF) of PCC curb constructed in place, and shall include full compensation for furnishing all labor, equipment, and materials for crushed miscellaneous base (CMB), forms, P.C.C. improvements, backfilling behind curb, restoring form areas and all other appurtenant work not specifically described in any other item of the Special Provisions, complete and in place, as specified or requested by the Engineer. No additional compensation shall be allowed.

Bid Item 17 – Construct AC Slot Paving per Detail A-3 on Sheet 2 of Plans

Full compensation for the requirements of Construct AC Slot Paving per Detail A-3 on Sheet 2 of Plans will be paid for at the contract unit price bid per SQUARE FOOT (SF) of Slot Paving constructed in place per Detail A-3 on Sheet 2 of the plans, and shall include full compensation for furnishing all labor, equipment, and materials for sawcut, removal and disposal of existing improvements, subgrade preparation, compaction, tack coat, Asphalt Concrete (B PG 70-10-RAP, 10% Max. RAP) and incidentals required to complete the work, complete and in place, as shown on the plans or requested by the Engineer. No additional compensation shall be allowed.

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Bid Item 18 – Furnish & Install Type “E” Loop Detectors, 6’ Round, per Caltrans Std. ES-5B. Loop Detectors shall Comply with Latest CA MUTCD and Connect to Existing Conductors and DLC’s to Controller Cabinet per Plans

Full compensation for the requirements of Furnish & Install Type “E” Loop Detectors, 6’ Round, per Caltrans Std. ES-5B. Loop Detectors shall Comply with Latest CA MUTCD and Connect to Existing Conductors and DLC’s to Controller Cabinet per Plans, will be paid for at the contract unit price bid per EACH (EA), and shall include all labor, tools, equipment, material and incidentals necessary to perform all operations to remove and install new Type “E” traffic loops as shown on the Plans, including DLC’s to controller cabinet, as directed by the Engineer. Replacement loops shall be as specified in Caltrans Standard Specifications Section 86-5.01A, and as stated herein . Contractor shall coordinate with the Engineer for final placement of loops. Any traffic loops that are damaged during construction, outside the areas shown on the exhibits or shown as protect in-place shall be fully replaced at the Contractors expense and to the satisfaction of the Engineer. No additional compensation will be allowed therefore.

Bid Item 19 – Furnish & Install Type “F” Loop Detectors per Caltrans Std. ES-5B.

Loop Detectors shall Comply with Latest CA MUTCD and Connect to Existing Conductors and DLC’s to Controller Cabinet per Plans

Full compensation for the requirements of Furnish & Install Type “F” Loop Detectors per Caltrans Std. ES-5B. Loop Detectors shall Comply with Latest CA MUTCD and Connect to Existing Conductors and DLC’s to Controller Cabinet per Plans, will be paid for at the contract unit price bid per EACH (EA) , and shall include all labor, tools, equipment, material and incidentals necessary to perform all operations to remove and install new Type “F” traffic loops as shown on the Plans, including DLC’s to controller cabinet, as directed by the Engineer. Replacement loops shall be as specified in Caltrans Standard Specifications Section 86-5.01A, and as stated herein . Contractor shall coordinate with the Engineer for final placement of loops. Any traffic loops that are damaged during construction, outside the areas shown on the exhibits or shown as protect in-place shall be fully replaced at the Contractors expense and to the satisfaction of the Engineer. No additional compensation will be allowed therefore.

Bid Item 20 – Furnish & Install Modified Type “F” Loop Detectors in Bike Lane per Caltrans Std. ES-5B. Loop Detectors shall Comply with Latest CA MUTCD and Connect to Existing Conductors and DLC’s to Controller Cabinet per Plans

Full compensation for the requirements of Furnish & Install Modified Type “F” Loop Detectors in Bike Lane per Caltrans Std. ES-5B. Loop Detectors shall Comply with Latest CA MUTCD and Connect to Existing Conductors and DLC’s to Controller Cabinet per Plans, will be paid for at the contract unit price bid per EACH (EA) , and shall include all labor, tools, equipment, material and incidentals necessary to perform all operations to remove and install new Modified Type “F” traffic loops in Bike Lane as shown on the Plans, including DLC’s to controller cabinet, as directed by the Engineer.

Replacement loops shall be as specified in Caltrans Standard Specifications Section 86-5.01A, and as stated herein . Contractor shall coordinate with the Engineer for final placement of loops. Any traffic loops that are damaged during construction, outside the areas shown on the exhibits or shown as protect in-place shall be fully replaced at the ATTACHMENT 2
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Contractors expense and to the satisfaction of the Engineer. No additional compensation will be allowed therefore.

Bid Item 21 – Install New Blue Raised Pavement Markers (BRPMs)

Full compensation for the requirements of Install New Blue Raised Pavement Markers (BRPMs) will be paid for at the contract unit price bid per EACH (EA) , and shall include all labor, tools, equipment, material and incidentals necessary to complete the work in place, as shown on the plans and in these Special Provisions, including surface preparation, epoxy adhesive, furnishing and installing new BRPMs as directed by the Engineer. Payment for removals of existing BRPMs shall be included in the contract lump sum price bid for Traffic Signing, Striping, Pavement Markings, RPM’s & Curb Painting. No additional compensation will be allowed therefore.

Bid Item 22 – Additional Work Items Allowance

This work item entails work beyond the Scope of Work established within the Plans, Specifications, and Standard Specifications as directed by the ENGINEER with a specified Contract allowance

Allowance to be included in the total bid amount is identified as follows. Use of the allowance will be at the sole discretion of the City and must be authorized in writing at the discretion of the City. Any money used from the project allowance will be authorized via an Allowance Disbursement Form at the City’s sole discretion. Any amount of money remaining in the Allowance line item upon completion of the Project will be deducted from the Contract by Deductive Change Order for the full amount(s) remaining therein. The Contractor has no beneficial interest in, and/or claim to, the Allowances and hereby disclaims any and all such interests.

Additional work items include work that will only be used at the discretion of the Engineer. At the discretion of the Engineer, the Contractor shall provide all labor, tools, equipment, materials and incidentals for the extra work beyond the scope of work established within the Contract documents. Work may include, but not be limited to, delivery of additional newsletters; disposal of materials, potholing, furnishing and installation of informational signs, and related work, and will only be performed, if required, and approved by the Engineer. The Contractor acknowledges that this allowance will only be used at the discretion of the City. Contractor shall be paid at force account or at agreed prices for all work performed within this allowance.

Measurement and Payment for “Additional Work Items Allowance” shall be paid per Force Account (FA) for all work performed pursuant to Section 7-4.2 of these Specifications and shall, include all labor, tools, equipment, materials and incidentals as required to complete the work as directed by the ENGINEER.

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PART 2

CONSTRUCTION MATERIALS

SECTION 200 - ROCK MATERIALS

200-1 ROCK PRODUCTS

200-1.2 Crushed Rock and Rock Dust

200-1.2.1 General. Add the following:

Rock dust blotter shall conform to the requirements of Rock Dust per Table 200-1.2.1(A) of the SSPWC.

200-1.5 Sand

200-1.5.1 General. Add the following to the end of the section:

Sand bedding and shall conform to the requirements in this Section, and shall consist of washed granular material with a sand equivalent greater than or equal to 30.

Sand for structure backfill material shall have a sand equivalent of not less than 20 conforming to the gradation requirements shown in Table 217-3 of the Standard Specifications, as directed by the Engineer.

200-2 UNTREATED BASE MATERIAL

200-2.1 General. Add the following:

Untreated base shall be crushed miscellaneous base, as shown on the plans.

200-2.2 Crushed Aggregate Base

200-2.2.1 General:

Crushed aggregate base shall of the 2021 Edition of the Standard Specifications for Public Works Construction.

Crushed aggregate base for pipe bedding in trenches shall consist entirely of crushed rock and rock dust conforming to the requirements Section 217 of the Standard Specifications and these Special Provisions.

200-2.4.1 General. Add the following:

Crushed Miscellaneous Base material and construction shall conform to Subsections 200-2.4 and 301-2 of the Standard Specifications, and as directed by the Engineer.

Contractor shall install Crushed Miscellaneous Base (CMB) with line and grades to match final subgrade elevations as shown on the plans.

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200-2.4.2 Grading. Add the following to the end of the section:

The sieve size shall be ¾” (fine).

200-2.5 Processed Miscellaneous Base. Add the following:

200-2.5.3 Quality Requirements. Add the following:

The minimum R-value requirement will not be waived.

200-2.5.5 Testing. Subsection 200-2.5.5 is hereby added to Section 200 of the Standard Specifications as follows:

The Contractor shall be required to provide testing of materials for compliance with the requirements for processed miscellaneous base and shall bear all costs for testing of materials for compliance.

SECTION 201 - CONCRETE, MORTAR, AND RELATED MATERIALS

201-1 PORTLAND CEMENT CONCRETE

201-1.1 Requirements

201-1.1.2 Concrete Specified by Class and Alternate Class. Add the following:

Concrete for curb & gutter shall be Class 560-C-3250.

Concrete standard class specified in the Standard Specifications shall apply for all other concrete materials, including but not limited to sidewalks, local depressions, curb ramps and storm drain structures.

201-1.4 Mixing

201-1.4.1 General. Add the following to the end of the section:

Mixed concrete delivered to the site shall be by Transit Mixer as called for in Section 201-1.4.3 “Transit Mixer” of the Standard Specifications. 201-3
201-3 EXPANSION JOINT FILLER AND JOINT SEALANTS

201-3.1 General.

The Contractor shall furnish and install crack seal, as required by the Engineer on all streets within the project limits. Materials, composition and grading, and mix design shall be in accordance with the requirements of Section 203-3 of the Standard Specifications, except as indicated in these special provisions.

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201-3.7 Type “D” Joint Sealant (Hot –Poured Rubber-Asphalt Joint Sealant)

Crack seal material shall be Crafco Polyflex Type 2 or approved equal.

Immediately prior to crack sealing, the Contractor shall sweep and clean the pavement surfaces of all vegetation, dirt, oil deposits, and other objectionable materials. All pavement cracks wider than 1/8” shall be cleaned using a wand and compressed air.

The compressor used shall be a minimum of 90 cfm and equipped with a device to remove moisture from the compressed air. Air cleaning shall be performed immediately before the application of the crack sealant and shall remove all dust, dirt, oil and other foreign matter.

Sealant shall be applied at the recommended pour temperature using either a wand equipped with an applicator disk or a squeegee. The joint shall be filled to the top without the formation of voids. The top of the finish joint shall be between ¼” and 3/8” below the finish surface.

The Contractor will be responsible for determining the extent of the crack sealing. He shall ensure that sufficient crack sealing is performed to prevent reflective cracking through to the new street surface. Prior to any crack sealing to be performed, the Contractor shall meet with the City’s representatives in the field to discuss the extent and adequacy of the work as well as the street surface preparation to receive crack sealant.

201-4 CONCRETE CURING MATERIALS

201-4.1.1 General. Concrete curing compound shall be Type 1-D.

SECTION 203 - BITUMINOUS MATERIALS

203-6 ASPHALT CONCRETE

203-6.1 General.

Asphalt concrete material used for asphalt concrete (AC) Level Course pavement within the roadway shall be Type C2 PG 70-10-RAP with 10% maximum RAP.

Dense graded asphalt concrete material (DGAC) for Base Course pavement within the roadway shall be Type B PG 70-10-RAP with 10% maximum RAP.

203-11 ASPHALT RUBBER HOT MIX (ARHM) WET PROCESS

203-11.2 Materials . The following is hereby added to Subsection 203-11.2:

Asphalt Rubber Hot Mix for surface course and overlay pavement within the roadway shall be ARHM-GG-C PG 64-16 (manufactured with Type I binder)

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203-11.2.3. Crumb Rubber Modifier (CRM). The following is hereby added to Subsection 203-11.2.3:

Scrap Tire CRM used on this project shall be one hundred percent (100%) California waste tires. ARHM shall use a minimum of 20 pounds of scrap rubber per ton of mix.

203-11.5.d Hand Held Viscometer Test . The following is hereby added to Subsection 203-11.5.d:

Contractor shall have available a Haake Viscometer. Contractor shall take viscosity readings at least every hour at the point where asphalt-rubber enters the feed to the ARHM plant. Temperature of readings shall be constant at 375 degrees Fahrenheit.

Contractor shall log results including time and temperature, and shall notify the Engineer at the plant 15 minutes prior to each test. Samples shall be taken at a point where the material has not been exposed to material that is not fully isolated from the feed to the ARHM plant during times of production.

Contractor shall prepare a log of weights of asphalt, asphalt modifier, natural rubber, and tire rubber used in each tank of asphalt-rubber produced. The log of weights shall be made available to the Engineer on request.

SECTION 214 – TRAFFIC STRIPING, CURB AND PAVEMENT MARKINGS, AND

PAVEMENT MARKERS

214-1 GENERAL. Add the following:

All pavement markers and delineators shall be in accordance with Section 81 “Miscellaneous Traffic Control Devices” of the latest edition of the 2023 Caltrans Standard Specifications (including the Revised Standard Specifications) as modified within these Special Provisions. All striping and pavement markings shall be in accordance to Section 84 “Markings” of the latest edition of the 2023 Caltrans Standard Specifications (including the Revised Standard Specifications) as modified within these Special Provisions, and comply with the 2023 Caltrans Standard Plans, and the latest edition of the 2014 California Manual on Uniform Traffic Control Devices (CA MUTCD), and as specified by the ENGINEER.

The Contractor shall furnish all material, services, labor and equipment necessary for the required pavement preparations, layout and completing the pavement markings.

These special provisions set minimum requirements on material characteristics of the pavement marking products. Requirements concerning application and contractor warranties shall be maintained to secure acceptable performances.

The following special provisions are supplementary and in addition to the provisions of the State Standard Specifications, and are only called out if elaboration, amendments, specifying of options, or additions are required.

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SECTION 81 – MISCELLANEOUS TRAFFIC CONTROL DEVICES

81-2 DELINEATORS

81-2.01 General.

81-2.01C Submittals. Add the following:

The contractor shall provide submittal sheets for approval prior to ordering the materials.

81-3 PAVEMENT MARKERS

81-3.02 Materials.

81-3.02A General. Add the following:

Blue “Fire Hydrant” Raised Pavement Markers

The Contractor shall furnish and install blue reflective raised pavement markers on new pavement at existing fire hydrant locations. The new marker location shall be in accordance with the City of Costa Mesa Typical Hydrant Marker Location Standard Drawing and the following requirements:

1. Two-way Streets or Roads: Markers shall be placed six (6) inches from edge of painted centerline on the side nearest the fire hydrant. If the street has no centerline, the marker shall be placed six (6) inches from the approximate center of the roadway on the side nearest the hydrant. See Figures 1 through 3 of the above-mentioned Standard.

2. Streets with Left-Turn Lane at Intersection: Markers shall be placed six (6) inches from edge of painted white channelizing line nearest the hydrant. See Figure 4 of the above-mentioned Standard.

3. Streets with Continuous Two-Way Left-Turn Lane: Markers shall be placed six (6) inches from the edge of the painted yellow barrier line on the side nearest the fire hydrant. See Figure 5 of the above-mentioned Standard.

81-3.02E Epoxy Adhesive.

Adhesive for raised pavement markers shall be Rapid Set Type epoxy.

81-3.04 Payment.

Full compensation for the requirements of Pavement Markers will be paid for at the contract LUMP SUM (LS) price bid for Traffic Signing, Thermoplastic Striping, Pavement Markings, RPM’s & Curb Painting, as described in Part 1 of these Special Provisions. No additional compensation will be allowed therefore.

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Full compensation for the requirements of Install New Blue Raised Pavement Markers (BRPMs) will be paid for at the contract unit price bid per EACH (EA), as described in Part 1 of these Special Provisions. No additional compensation will be allowed therefore.

81-8 EXISTING PAVEMENT MARKERS AND DELINEATORS

81-8.03 Construction

81-8.03B Remove Pavement Markers Add the following:

All blue “fire hydrant” pavement markers that are removed shall be reinstalled by the contractor.

When striping is removed, any corresponding pavement markers within or adjacent to the stripe, or within the gaps of dashed striping shall be removed.

81-8.04 Payment. Add the following:

Full compensation for the requirements of Remove Pavement Markers will be paid for at the contract LUMP SUM (LS) price bid for Traffic Signing, Thermoplastic Striping, Pavement Markings, RPM’s & Curb Painting, as described in Part 1 of these Special Provisions. No additional compensation will be allowed therefore.

SECTION 82 – SIGNS AND MARKERS

82-2 SIGN PANELS

82-2.02 Materials.

82-2.02A General. Add the following:

All sign face reflective sheeting shall be diamond grade retroreflective with protective overlay film.

Prior to ordering sign panel, the contractor shall provide signing submittal for Engineer’s review showing all proposed signs and sign sizes. Proposed warning sign colors shall be provided as yellow or FYG.

[Add the following section:].

82-2.03C Remove and Salvage Sign and Sign Post.

Sign panels and sign posts to be salvaged shall be delivered the same day to the City Yard. The salvaged sign panels and posts shall be delivered to the City’s corporation yard, located at 2310 Placentia Avenue, Costa Mesa 92627. Prior to delivery, please call Juan Santos at 714-697-5545.

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82-2.04 Payment.

Full compensation for the requirements of signs and markers will be paid for at the contract LUMP SUM (LS) price bid for Traffic Signing, Thermoplastic Striping, Pavement Markings, RPM’s & Curb Painting, as described in Part 1 of these Special Provisions. No additional compensation will be allowed therefore.

82-3 ROADSIDE SIGNS

82-3.02A General. Add the following:

Signs and shall posts shall conform to the California Manual on Uniform Traffic Control Devices (CA MUTCD), latest edition.

Unless otherwise noted on the plans, all new or relocated signs shall be installed on 2” square perforated steel posts with breakaway connections. Signs shall follow the CA MUTCD regarding clearances from the bottom of the lowest sign to the finished surface.

82-3.02B Metal Posts. Add the following:

Metal posts shall be 1¾” square perforated steel posts (Telespar) with breakaway anchor.

82-3.03 Construction.

82-3.03A General. Add the following:

Installation of sign posts, including mounting height and required clearances, shall conform to the California Manual on Uniform Traffic Control Devices (CA MUTCD), latest edition.

Anchor shall not extend beyond 2” from top of adjacent finished grade, where installed, and shall conform to OC Public Works Standard Plan 1417 for sign post installation.

82-3.04 Payment. Replace the entire section with the following:

Full compensation for the requirements of roadside signs will be paid for at the contract LUMP SUM (LS) price bid for Traffic Signing, Thermoplastic Striping, Pavement Markings, RPM’s & Curb Painting, as described in Part 1 of these Special Provisions.

No additional compensation will be allowed therefore.

82-9 EXISTING ROADSIDE SIGNS AND MARKERS

82-9.04 Payment. Replace the entire section with the following:

Full compensation for the requirements of existing roadside signs and markers will be paid for at the contract LUMP SUM (LS) price bid for Traffic Signing, Thermoplastic Striping, Pavement Markings, RPM’s & Curb Painting, as described in Part 1 of these Special Provisions. No additional compensation will be allowed therefore.

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SECTION 84 - MARKINGS

84-1 GENERAL

84-1.01 General. Add the following:

Traffic stripes and pavement markings shall be thermoplastic. Curb markings and on- street parking spaces shall be plain, unless otherwise shown on the plans. Contractor shall repaint any curb markings removed by construction under this contract.

The installation of traffic stripes includes placement of raised pavement markers when called for on the plans.

Adhesive for raised pavement markers shall be per Section 81-3, “Pavement Markers.”

Markings must also comply with the Caltrans Standard Plans and Revised Standard Plans, latest edition.

The contractor shall record the existing Striping and Markings for the entire project limits on the Plans and provide to the Engineer prior to removal operations.

Contractor shall restore pavement traffic striping and marking damaged during construction to original condition.

The installed material shall be highly visible to the motorists both day and night.

Unless otherwise noted, all traffic stripes shall be 6-inch width minimum and shall comply with the latest edition of the Caltrans Standard Plans.

84-2 TRAFFIC STRIPES AND PAVEMENT MARKINGS

84-2.02 Materials.

84-2.02A General.

Paint, thermoplastic and glass beads for traffic stripes and pavement markings will be furnished by the Contractor, including cat tracks and dribble lines, unless otherwise noted in the Plans or these special provisions.

84-2.02C Thermoplastic. Replace entire section with the following:

Thermoplastic must comply with State Specification PTH-02ALKYD.

All stop bars, crosswalks, legends, and arrows shall be installed using thermoplastic, and conform exactly to the City of Costa Mesa stencil types except fabricated preformed thermoplastic applications.

Thermoplastic shall be Alkyd Thermoplastic Pavement material that is applied to a road surface in a molten state by extrusion of the designated thickness and width. The ATTACHMENT 2
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thermoplastic shall be mixed with glass beads and shall, upon cooling, be reflectorized with additional glass beads and shall be allowed to completely cool to prevent deformation by traffic.

Preformed Green Colored Thermoplastic

All preformed green thermoplastic pavement markings shall be either bright green Ennis Flint PreMark Vizigrip or Geveko Premark Anti-Skid. Preformed green thermoplastic shall be non-slip, non-skid and retroflective. Contractor shall turn in submittal sheets to Engineer for approval prior to ordering. Preformed green thermoplastic shall be installed by strictly following manufacturer’s specifications. Preformed Green Thermoplastic shall not be installed on concrete unless approved by the Engineer.

Green coloring in thermoplastic used for bicycle lanes, bike boxes, bicycle lane conflict zones, green-back sharrows, bicycle paths, or other bicycle facilities shall conform to the requirements set forth in the April 2011 FHWA Interim Approval for Optional Use of Green Colored Pavement for Bike Lanes (IA-14) as well as the June 2016 FHWA update: Official Interpretation #9(09)-86 (I) on Chromacity Requirements for Green- Colored Pavement.

84-2.02G Paint. Add the following:

Waterborne traffic paint shall adhere to State Specification PTWB-01R2 (June 2022)

84-2.03 Construction.

84-2.03A General. Add the following:

In order to ensure maximum possible adhesion, the pavement surface upon which the pavement markings are to be placed shall be properly cleaned from grease, oil, mud, dust, dirt, grass, loose gravel, and other deleterious material prior to the application of the thermoplastic pavement markings, and prime sealer.

The Contractor shall furnish and apply traffic stripes and pavement markings as shown on the plans, or as directed by the Engineer. The Contractor shall be responsible for the completeness and accuracy of all layout alignment and spotting. The Contractor shall layout or "cat track" proposed marking for approval by the Engineer or his designee prior to performing actual marking placement. No work shall commence without said approval.

The Contractor shall request a meeting in the field with the Engineer prior to start of cat-tracking in order to review the proposed striping and discuss the City’s cat- tracking requirements . The Contractor shall "cat track" for striping and markings no later than 24 hours after the application of the slurry/ACSC (if applicable). Solid and dashed bike lane striping as well as bike lane buffers and crosshatch markings in those buffers, shall be cat-tracked as to be able to see the beginning and ends of the transitions of all detail 39 and Detail 39A striping as well as the locations of all crosshatch markings. The bike lane and bike buffer shall be cat-tracked in such a way as to be able to see the continuous facility. If the bicycle lanes and buffer (including ATTACHMENT 2
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crosshatch markings in the buffer) are not cat-tracked to the satisfaction of the Engineer, the Contractor shall re-do the cat-tracking until the Engineer is satisfied and the Engineer will not review the cat-tracking otherwise.

The Contractor shall mark, or otherwise delineate, the new traffic lanes and pavement markings directly after the removal of the existing striping and markings. The Contractor shall modify the cat-tracking as directed by and to the satisfaction of the Engineer prior to striping and no additional cost shall be allowed for striping revisions directed by the Engineer.

Newly placed traffic stripes and pavement markings shall be protected from damage by public traffic or other causes until the paint or thermoplastic (hot-applied or preformed) is thoroughly dry.

Green preformed pavement markings adjacent to crosswalks shall be installed as to avoid tire tracking of vehicles crossing the intersection and wearing out the markings.

Thermoplastic and paint shall be placed as close as possible to utility structures without covering them.

The Contractor shall perform all layout, alignment, and spotting of control points spaced at 100 feet on tangents and 50 feet on curves.

Thermoplastic, preformed or hot applied, shall not be installed on concrete unless approved by the Engineer.

Unless otherwise specified on the plans, all traffic stripes (single, double, or pairs) shall be 6” minimum width and comply with latest edition of Caltrans Standard Plans.

Pavement Marking Guarantee

The pavement marking material furnished and installed under this contract shall be guaranteed by the Contractor against failure due to blistering, bleeding, excessive cracking, staining, discoloration, oil content of pavement materials, smearing or spreading under heat, deterioration due to contact to oil or gasoline drippings, chipping, spoiling, poor adhesion, and loss of reflectivity resulting from defective materials or methods of application for a period of one year.

84-2.03C Application of Stripes and Markings.

The Contractor shall furnish the necessary control points for all striping and markings, and shall be responsible for the completeness and accuracy thereof to the satisfaction of the Engineer. The Contractor shall establish all traffic striping between these points by stringline or other method to provide striping that will vary less than 1/2 inch in 50 feet from the specified alignment.

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84-2.03C(1) General. Add the following:

The Contractor shall apply the first application of paint for traffic striping and shall install thermoplastic (hot-applied or preformed) markings no sooner than seven (7) calendar days following the application of new slurry/ACSC or fourteen days (14) if installed during Summer (if applicable). Green preformed thermoplastic markings shall be installed no sooner than twenty-one (21) days following application of new slurry/ACSC (if applicable).

Any painted curb removed or damaged during construction shall be repainted in kind (i.e., red, yellow, green, etc.).

The completed pavement markings shall have clean and well-defined edges. The maximum deviation from the designated position of the stripe marking shall not exceed 1/2" in any 100-foot length of stripe, including gaps. Pavement markings shall conform to the shapes and dimensions of the markings as designated on the State Standard plans.

Advance spotting of angle points, end points and other control points shall be performed by the Contractor and be approved by the Engineer.

Any damage to the newly placed marking due to the failure of the Contractor to protect the work shall be repaired by the Contractor at no additional cost.

The contractor shall not place pavement markings and markers on any manhole, valve, anode, detector handhole, or monument rim and cover. For lane striping, placement of markings or markers shall discontinue on the rim and cover and shall continue along the same alignment, as shown in the drawings.

Any cover marked during the construction of the project shall be restored to its original condition or replaced, in kind, at the contractor’s expense.

84-2.03B(2) Thermoplastic.

84-2.03B(2)(a) General. Remove the following:

Apply thermoplastic in a single uniform layer by spray or extrusion methods

[Add the following:].

Apply thermoplastic by extrusion methods or using preformed markings according to the plans, these special provisions, and per direction of Engineer. Thermoplastic shall not be installed when the temperature of the pavement is less than 55 degrees Fahrenheit to prevent weak bonding. The contractor may preheat the surface of the asphalt to above 55 degrees Fahrenheit if approved by Engineer.

Prior to installing the thermoplastic on concrete, the Contractor shall use concrete binder and prepare concrete surface for binder to facilitate proper adhesion of thermoplastic onto concrete.

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All pavement marking arrows and words shall be thermoplastic unless otherwise noted on the plans or directed and approved by the Engineer.

All white lines that are adjacent to green preformed thermoplastic such as detail 39A (conflict zones) or detail 38/38A (for bike boxes), etc. shall be thermoplastic.

Preformed thermoplastic including green non-slip and non-skid preformed thermoplastic for bicycle facilities on asphalt or on concrete shall be installed per manufacturer’s specifications. If using a radiant heater and if the corundum sinks below manufacturer’s specifications, additional hand casted corundum shall be added to the surface before the preform thermoplastic cools. If installed on concrete, contractor shall perform a porosity test to determine if the concrete has proper porosity. If the concrete fails the porosity test, the portion of the concrete where the green preformed markings will be installed shall be water blasted, allowed to thoroughly dry and then the contractor shall install concrete binder per manufacturer’s specifications to facilitate proper adhesion to concrete.

Newly placed thermoplastic pavement markings shall be protected from damage by public traffic or other causes until the thermoplastic (hot-applied or preformed) is thoroughly cool and dry. Thermoplastic that is deformed, marked, or damaged by traffic due to improper installation or because the thermoplastic was not allowed to cool will be removed and reinstalled at the expense of the contractor and to no additional cost for the City.

84-2.03B(2)(c) Sprayable Thermoplastic. Remove section 84-2.03B(2)(c) in its entirety.

84-2.03B(6) Paint. Remove the following:

Apply painted traffic stripes and pavement markings in 1 coat on existing pavement surfaces, at an approximate rate of 107 sq ft/gal.

Apply painted traffic stripes and pavement markings in 2 coats on a new pavement surface. The 1st coat of paint must be completely dry before applying the 2nd coat.

[Add the following:].

Apply painted traffic stripes and/or pavement markings in 2 coats on all existing and new pavement surfaces, each coat at an approximate rate of 107 sq ft/gal. The 2nd coat of paint shall be applied no earlier than 3 days after application of the first coat, unless otherwise approved by Engineer.

Newly placed painted traffic stripes and pavement markings shall be protected from damage by public traffic or other causes until the paint is thoroughly dry.

All white lines that are adjacent to green preformed thermoplastic such as detail 39A (conflict zones) or detail 38/38A (for bike boxes), etc. shall not be paint and shall be thermoplastic.

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84-2.04 PAYMENT. Remove the following:

A double traffic stripe consisting of two-6-inch-wide yellow stripes are measured as 2 traffic stripes except for painted traffic stripes and sprayable thermoplastic traffic stripes.

A double sprayable thermoplastic traffic stripe consisting of two 6-inch-wide yellow stripes are measured as single traffic stripe.

[Add the following:].

Pairs of traffic stripes or pairs of double traffic stripes for purposes such as centerlines, two-way left turn lanes, striped medians, etc. shall be measured from end to end of the pair of stripes, and shall not be measured as total length of all individual stripes.

Dashed traffic stripes for purposes such as centerlines and lane lines shall be measured from end to end of the stripe inclusive of gaps, and shall not be measured as total length of all dashes.

Payment for the preceding requirements will be paid for at the contract LUMP SUM (LS) price bid for Traffic Signing, Thermoplastic Striping, Pavement Markings, RPM’s & Curb Painting as described in Part 1 of these Special Provisions. No additional compensation will be allowed therefore.

84-9 EXISTING MARKINGS

84-9.03B Remove Traffic Stripes and Pavement Markings. Replace in its entirety with the following:

All striping and pavement markings must be removed to the fullest extent possible from the pavement by wet sandblasting with immediate cleanup of residue. No "blacking out" or temporary covering will be allowed. Such removal shall be by a vacuum attachment operating concurrently with the blast cleaning operations without damaging the pavement and subgrade.

All pavement markers to be removed shall be removed without damaging the pavement and without removing pavement to a depth of more than 1/8 inch. Remove pavement markings such that the old message cannot be identified. Water must not puddle in the ground areas. Fog seal ground areas on asphalt concrete pavement when striping and markings are removed on new pavement per discretion of Engineer.

Accumulations of sand or other material that might interfere with drainage or might constitute a hazard to traffic will not be permitted and shall be removed immediately.

Traffic stripes and markings shall be removed before any change is made in the traffic pattern and before painting new stripes and markings.

Where blast cleaning is used for the removal of traffic stripes and pavement markings or for removal of objectionable material, and such removal operation is being performed within ten feet of a lane occupied by public traffic, the residue including dust shall be removed immediately after contact between the sand and the surface being treated.

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After removal of existing markers and striping, temporary markers and striping must immediately be in place until such time where the final markers and striping can be placed.

84-9.04 PAYMENT. Replace in its entirety with the following:

SECTION 86 – ELECTRICAL WORK

86-1 GENERAL

All electrical equipment, materials, and work shall be in accordance with the general specifications (Section 86 “General”) and Section 87 “Electrical Systems” of the latest edition of the Caltrans Standard Specifications (including the Revised Standard Specifications) as modified within these Special Provisions.

The Contractor shall furnish all material, services, labor and equipment necessary for the required work.

SECTION 87 – ELECTRICAL SYSTEMS

87-1 GENERAL

87-1.03 Construction.

87-1.03V Detectors.

87-1.03V(2) Inductive Loop Detectors. Add the following:

Where no video detection exists or is planned, all advance loops and stop bar loops, except bicycle loops or the front-most loops, shall be Type E. All bicycle loops including the front-most loop of every lane shall be Type F per latest Caltrans Standard Plans. All left turn lanes shall have four stop bar loops and all through lanes shall have two stop bar loops. Right turn lanes shall have two loops, unless otherwise specified on the plans.

Inductive loops at the limit line shall not be installed for approaches with existing or planned video detection. For locations with existing or planned video detection, advance loops shall only be installed if existing conditions such as a horizontal curve or another obstruction prevents the radar zone from being picking up vehicles at the proper setback distances.

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Payment

Full compensation for the requirements of “Furnish & Install Type “E” Loop Detectors, 6’ Round, per Caltrans Std. ES-5B. Loop Detectors shall Comply with Latest CA MUTCD and Connect to Existing Conductors and DLC’s to Controller Cabinet per Plans” will be paid for at the contract unit price bid per EACH (EA) as described in Part 1 of these Special Provisions, and shall include all labor, tools, equipment, material and incidentals necessary to perform all operations to remove and install new Type “E” traffic loops as shown on the Plans, including DLC’s to controller cabinet, as directed by the Engineer. Replacement loops shall be as specified in Caltrans Standard Specifications Section 86-5.01A, and as stated herein . Contractor shall coordinate with the Engineer for final placement of loops. Any traffic loops that are damaged during construction, outside the areas shown on the exhibits or shown as protect in-place shall be fully replaced at the Contractor’s expense and to the satisfaction of the Engineer. No additional compensation will be allowed therefore.

Full compensation for the requirements of “Furnish & Install Type “F” Loop Detectors per Caltrans Std. ES-5B. Loop Detectors shall Comply with Latest CA MUTCD and Connect to Existing Conductors and DLC’s to Controller Cabinet per Plans” will be paid for at the contract unit price bid per EACH (EA) as described in Part 1 of these Special Provisions, and shall include all labor, tools, equipment, material and incidentals necessary to perform all operations to remove and install new Type “F” traffic loops as shown on the Plans, including DLC’s to controller cabinet, as directed by the Engineer. Replacement loops shall be as specified in Caltrans Standard Specifications Section 86-5.01A, and as stated herein . Contractor shall coordinate with the Engineer for final placement of loops. Any traffic loops that are damaged during construction, outside the areas shown on the exhibits or shown as protect in-place shall be fully replaced at the Contractor’s expense and to the satisfaction of the Engineer. No additional compensation will be allowed therefore.

Full compensation for the requirements of “Furnish & Install Modified Type “F” Loop Detectors in Bike Lane per Caltrans Std. ES-5B. Loop Detectors shall Comply with Latest CA MUTCD and Connect to Existing Conductors and DLC’s to Controller Cabinet per Plans” will be paid for at the contract unit price bid per EACH (EA) as described in Part 1 of these Special Provisions, and shall include all labor, tools, equipment, material and incidentals necessary to perform all operations to remove and install new Modified Type “F” traffic loops in the Bike Lane, as shown on the Plans, including DLC’s to controller cabinet, as directed by the Engineer. Replacement loops shall be as specified in Caltrans Standard Specifications Section 86-5.01A, and as stated herein. Contractor shall coordinate with the Engineer for final placement of loops.

Any traffic loops that are damaged during construction, outside the areas shown on the exhibits or shown as protect in-place shall be fully replaced at the Contractor’s expense and to the satisfaction of the Engineer. No additional compensation will be allowed therefore.

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SECTION E

SPECIAL PROVISIONS
PART 3

CONSTRUCTION METHODS

SECTION 300 - EARTHWORK

300-1 CLEARING AND GRUBBING

300-1.1 General. Add the following:

No burning will be permitted.

No accumulation of flammable material shall remain on or adjacent to the right-of-way.

The roadway and adjacent areas shall be left with a neat and finished appearance.

In order to protect the public streets from deterioration due to hauling of materials, the Contractor shall submit, prior to the pre-job meeting, for approval a proposed route for hauling of materials for disposal. Upon approval, the Contractor shall strictly adhere to that route, unless written permission from the Engineer is obtained to change the route.

300-1.4 Payment. Delete Subsection in total and substitute with the following:

Full compensation for the requirements of clearing and grubbing shall be considered as included in the contract unit prices bid for the various items of work involved as depicted in Part 1 of these Special Provisions, and no additional compensation will be allowed therefore.

300-2 UNCLASSIFIED EXCAVATION

300-2.1 General. Add the following:

Unclassified excavation shall consist of all excavation, including roadways, bituminous pavement, macadam, P.C.C. concrete pavement, aggregate base materials, Petromat or pavement reinforcing fabric, steel or welded wire mesh reinforcement, native materials, abandoned concrete or steel culverts or other utilities, brick, concrete or other miscellaneous pavers, cement or lime treated base materials, and other miscellaneous improvements within the roadway section.

All roots and stumps shall be removed and/or ground to eight (8) inches below subgrade within the roadway section. The locations and dimensions of excavation areas are as shown on the plans and/or directed in the field by the Engineer.

Saw cutting of edges of bituminous pavement or P.C.C. improvements to be joined is required prior to final paving, restorations and repairs, unless otherwise directed by the Engineer.

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The asphalt pavement shall be sawcut and removed to clean, straight lines at the designated lines of removal marked in the field or as designated by the Engineer.

Contractor shall exercise due caution to avoid any damage to the existing improvements to be protected in place. Any damage caused by Contractor and/or his equipment shall be repaired or replaced as called out in Section 400 of the Standard Specifications at Contractor’s expense.

Saw cuts along removal limits shall be to a minimum depth as shown on plans. All excavated materials shall become the property of the Contractor and shall be disposed of at a suitable and legal disposal site. Arrangements for such disposal sites shall be made by the Contractor and approved by the City’s representative, when such areas are within the City right-of-way.

Unclassified excavation shall include the removal of unclassified fill material encountered within the proposed roadway section. Unclassified fill may consist of broken concrete, broken asphalt pavement, brick, rubble, and debris.

All unclassified fill material found within the new roadway section shall be removed and paid in accordance with the bid item #9, as authorized by the Engineer. If the unclassified fill material is encountered within the subgrade preparation area, the removal of said unclassified excavation shall be paid for at the unit price for bid item #9, as authorized by the Engineer.

All removed material becomes the property of the Contractor and shall be hauled away and properly disposed.

The Contractor’s attention is directed to the fact the thickness of the existing asphalt concrete pavement is approximate and may vary from this thickness. In addition, substantially thicker sections of pavement may be occasionally encountered, especially where utility trench, pothole and past localized reconstruction patches are encountered.

If a significant deviation in pavement thickness is encountered by the contractor during the removal process, that may significantly impact the Contractor’s cost of removal, the Contractor shall immediately notify the Engineer. The Engineer will review the field condition(s) encountered and determine the appropriate remediation. The Engineer shall have sole authority to decide the method and amount of additional compensation due the Contractor, if any.

Unless directed by the Engineer, backfilling and compacting is considered included in each respective bid item and no additional compensation will be allowed therefore.

300-2.1.1 Requirements . Subsection 300-2.1.1 is hereby added to Section 300 of the Standard Specifications as follows:

Concrete shall be removed to neatly sawed edges with saw cuts made to a minimum depth of 1-1/2 inches. Concrete pavement shall be removed to neatly sawed straight lines either parallel to the curb or at right angles to the curb face. If the saw cut in ATTACHMENT 2
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concrete pavement fall within 3 feet of a construction joint, expansion joint, or edge, the concrete shall be removed to the joint or edge. Curb and gutter shall be sawed to a depth of 1-1/2 inches on a neat line at right angles to the curb face. All concrete removal shall be sawcut at the required dimension.

300-2.9 Payment. The first sentence of Subsection 300-2.9 of the Standard Specifications is hereby deleted and replaced with the following:

Full compensation for the requirements of unclassified excavation will be measured and paid for at as depicted in Part 1 of these Special Provisions.

300-4 UNCLASSIFIED FILL

300-4.10 Measurement and Payment. Subsection 300-4.10 of the Standard Specifications is hereby deleted in its entirety and replaced with the following:

Full compensation for furnishing all labor, materials, tools and equipment, and doing all work involved in unclassified fill shall be considered as included in the contract unit prices paid for the various items of work involved as depicted in Part 1 of these Special Provisions, and shall include full compensation for the cost of all grading, shaping, compacting or consolidating, or other work that is required under this subsection. No additional compensation will be allowed for unclassified fill.

SECTION 301 – SUBGRADE PREPARATION, TREATED MATERIALS, AND

PLACEMENT OF BASE MATERIALS

301-1 SUBGRADE PREPARATION

301-1.3 Relative Compaction. The first paragraph of Subsection 301-1.3 of the Standard Specifications is hereby deleted and replaced with the following:

When pavement is to be placed directly on subgrade material or when base or subbase material, curb, gutter, alley pavement, driveways, access ramps or sidewalks are to be placed on the subgrade material, the top 6 inches of such subgrade material shall be compacted to a relative compaction of 95 percent.

301-2 UNTREATED BASE.

301-2.4 Measurement and Payment.

Delete the text of this subsection of the Standard Specifications entirely and replace with the following:

Payment for Crushed Miscellaneous Base under sidewalks, curb and gutter, curb ramps, driveways, bus pads, cross gutter, convenience strip and other miscellaneous PCC improvements, shall be considered as included in the unit price bid for the various items of work involved, as described in Part 1 of these Special Provisions. No additional compensation will be allowed therefore.

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SECTION 302 - ROADWAY SURFACING

302-5 ASPHALT CONCRETE PAVEMENT

302-5.1 General. The following is hereby added to this subsection:

Bituminous and composite pavements shall be removed in accordance with Section 401- Removal, of the Standard Specifications.

All areas for reconstruction and leveling shall be marked in the field by the ENGINEER.

The Contractor is not allowed to drive his/her fully loaded trucks on the newly paved asphalt concrete leveling course.

Contractor shall protect and preserve the entire existing pavement outside construction limits in the same condition as existing. Contractor shall replace and/or repair the damaged area to the satisfaction of the Engineer at no cost to the City.

302-5.4 Tack Coat. The first sentence in subsection 302-5.4 of the Standard Specifications is hereby deleted and replaced with the following:

Tack coat shall be Grade SS-1h emulsified asphalt applied at a rate of 0.10 gallons per square yard shall be uniformly applied to all exposed surfaces of existing pavement, preceding the placement of asphalt concrete leveling or base course.

Prior to placing asphalt concrete, all existing surfaces shall be cleaned by blowing air, water and/or broom, and the crack seal applied after the cold milling operation shall be set and inspected. The surface shall be free of water, dust, and all foreign materials before any tack coat is applied.

302-5.5 Distribution and Spreading. The following is hereby added to this subsection:

The Contractor shall provide automatic screed control as directed by Engineer.

Distribution and spreading shall conform to 302-5.5, except that at the time of placement in the paving machine, the temperature of DGAC shall be 290 degrees Fahrenheit and be high enough that pavement temperature after two passes with the breakdown roller exceeds 240 degrees Fahrenheit.

To avoid picking up loose rock in the paving area, the tires of all trucks must be lightly oiled, with linseed oil or soy bean oil or approved equal. Diesel fuel will not be allowed on the project at all for oil down of any equipment.

Contractor shall maintain a functioning infrared heat measurement device in close proximity to each paving machine at all times. Contractor shall provide a pavement temperature reading, with an infrared heat measurement instrument when requested by the Engineer. Inaccessibility of a heat measurement shall be cause for termination of paving operation.

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302-5.6 Rolling. The following is hereby added to this subsection:

Rolling along a joint shall be such that the widest part of the roller is on the hot side of the joint.

Rubber tire rollers shall be used on any asphalt concrete leveling course.

Roller drum wheels shall be filled per manufacturer's recommendations.

302-5.7 Joints. The following is hereby added to this subsection:

Join lines between successive runs shall be within 6 inches of lane lines or a minimum of 12 feet outside of the outer most lane line.

302-5.8 Manholes. The following is hereby added to this subsection:

Asphalt-Rubber Hot Mix (ARHM) shall be used as final cap around adjusted manholes and valves.

302-5.9 Measurement and Payment. Subsection 302-5.9 is hereby deleted and replaced with the following:

Full compensation for the requirements of Asphalt Concrete (AC) Level Course (Type C2 PG 70-10-RAP) (10% Max. RAP) (0.5” Max. Thickness per Typical Sections), will be paid for at the contract unit price bid per TON (TON) based on certified weigh master tickets, as described in Subsection 7-7 of these Special Provisions. No additional compensation will be allowed therefore.

Full compensation for the requirements of Sawcut & Remove Ex. and Construct 10” Dense Graded Asphalt Concrete (DGAC) Pavement (Type B PG 70-10-RAP) (Max. 10% RAP) over Native (95% Relative Compaction) as directed by the Engineer, will be paid for at the contract unit price bid per SQUARE FOOT (SF) , as described in Subsection 7-7 of these Special Provisions. No additional compensation will be allowed therefore.

Temporary asphalt concrete work where required by the Engineer for traffic control or other purposes shall be considered included in the price bid for Traffic & Pedestrian Control & Construction Phasing, as described in Subsection 7-7 of these Special Provisions. No additional compensation will be allowed therefore.

302-5.10 Crack Repair. The following is hereby added to this subsection:

After completion of the cold milling operations, cracks ¼ inch and greater shall be cleaned for the entire crack depth using sandblasting, brushing, and air blowing techniques as required to provide a crack free from all debris, dust, loose material and moisture. Gouging or plowing may be required to remove incompressible debris deep in the crack. The cleaned crack shall be filled with granulated tire rubber, plasticizer and filler, as manufactured by Crafco as Road Saver 211, or approved equal. All crack filler material shall be in conformance with the following specifications. The crack sealant ATTACHMENT 2
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placed shall be slightly below the pavement surface to avoid over-application and minimize bumps and wicking through the AC surface during compaction. Deep cracks should be filled with sand and covered with a thin layer of sealant.

All holes shall be cleaned of loose materials and filled with Asphalt Concrete Type B PG 70-10 RAP (Max. 10% RAP) and compacted to a smooth even surface with the adjacent existing pavement.

302-6 PORTLAND CEMENT CONCRETE PAVEMENT

302-6.1 General. The last sentence of Subsection 302-6.1 of the Standard Specifications is hereby deleted and replaced with the following:

Concrete pavement shall be removed in accordance with Section 401 of the Standard Specifications.

302-9 ASPHALT RUBBER HOT MIX (ARHM)

302-9.1 General. The following is hereby added to this subsection:

All PCC surfaces, to be crossed by trucks used to haul ARHM, that are within 500 feet of the work limits shall be covered with sand or other durable covering prior to applying tack coat.

Contractor shall have sufficient power brooms on site during all periods of distribution and spreading to provide for cleanup of haul routes and work areas. Power broom shall provide miscellaneous cleanup of ARHM spoils as directed by the Engineer.

All raised pavement markers shall be removed prior to the placement of any asphalt concrete overlay.

Power brooms used ahead of paving operations after acceptance of cold milling shall only sweep areas that are accepted as completed for cold milling. Power brooms shall not be operated more than 80 percent full of sweepings. Power brooms that have swept areas not accepted as completed for cold milling shall not enter onto areas that are accepted as completed for cold milling.

Finished surface of the new pavement shall be flush with the edge of the gutter for entire project area.

Contractor shall schedule paving operations to ensure that construction equipment does not drive over new ARHM material.

The Contractor is not allowed to drive his/her fully loaded trucks on the newly paved ARHM surface course.

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302-9.2 Tack Coat. The first sentence in subsection 302-5.4 of the Standard Specifications is hereby deleted and replaced with the following:

Prior to placing ARHM surface course pavement, all existing surfaces shall be cleaned by blowing air, water and/or broom. The surface shall be free of water, dust, and all foreign materials before any tack coat is applied.

302-9.3 Distribution and Spreading . Subsection 302-9.3 is hereby deleted and replaced with the following:

Distribution and spreading shall conform to 302-5.5, except that at the time of placement in the paving machine, the temperature of ARHM-GG shall be 290 degrees Fahrenheit and be high enough that pavement temperature after two passes with the breakdown roller exceeds 240 degrees Fahrenheit.

To avoid picking up loose rock in the overlay area, the tires of all trucks must be lightly oiled, with linseed oil or soy bean oil or approved equal. Diesel fuel will not be allowed on the project at all for oil down of any equipment.

Contractor shall maintain a functioning infrared heat measurement device in close proximity to each paving machine at all times. Contractor shall provide a pavement temperature reading, with an infrared heat measurement instrument, when requested by the Engineer. Inaccessibility of a heat measurement shall be cause for termination of paving operation.

302-9.4 Rolling. The second sentence of Subsection 302-9.4 is hereby deleted and replaced with the following:

Two complete passes with the breakdown roller shall be provided. Initial breakdown rolling shall be performed close enough to the paving machine and at a pavement temperature high enough such that the pavement temperature after two passes exceeds 240 degrees Fahrenheit.

To ensure optimum quality control, the use of more than one paver must be approved in advance by the Engineer, and will generally require one foreman, one sweeper, and a full complement of rollers per Subsection 302-5.6 of the Standard Specifications, and this Subsection 302-9.5 for each paving machine. An extra breakdown roller shall be on site at all times, free of defects.

A vibratory roller shall be used for initial breakdown rolling. The vibratory roller for initial breakdown rolling and all other rollers shall have an adjustable range of vibration set at low vibration.

Intermediate rolling shall be provided such that a total of six passes are performed before pavement temperature drops below 200 degrees Fahrenheit.

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A finish roller shall be provided in addition to intermediate rolling.

302-9.6 Manholes (and Other Structures) [Add the following:].

The Contractor shall be responsible for maintaining location of and access to, all water valves, water line gate valves and manholes during construction.

Prior to the application of new ARHM surface course, the Contractor shall locate and tie-out all manholes and valve covers before commencing work and comply with these Special Provisions.

The Contractor is directed to Section 403 within these Special Provisions with respect to raising, adjusting or reconstructing utilities to grade.

302-9.7 Rock Dust Blotter. Subsection 302-9.7 of the Standard Specifications is hereby deleted and replaced with the following:

Rock dust blotter material shall be required immediately after the completions of the “finish rolling” and prior to opening to traffic to prevent bleeding and tracking of the asphalt rubber material.

Lack of uniformity of application of rock dust shall be cause to terminate paving operations.

Rock dust blotter conforming to 200-1.2 shall be uniformly applied using a mechanical spreader at a rate of 3 pounds per square yard regardless of the pavement temperature, to prevent tracking of the ARHM.

24 hours after paving, the Contractor shall hand sweep all sidewalks, driveways, curbs, gutters, and access ramps; and shall mechanically sweep all roadway surfaces. The mechanical sweeper shall be self-propelled mobile sweeper. Payment for the sweeping shall be included in the lump-sum price bid for SWPPP and no additional compensation will be allowed therefore.

SECTION 303 - CONCRETE AND MASONRY CONSTRUCTION

303-5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY

INTERSECTIONS, ACCESS RAMPS, AND DRIVEWAYS

303-5.1 Requirements

303-5.1.1 General.

P.C.C. curb, gutter, sidewalks, and access ramps shall conform to the provisions of Section 303-5 of the Standard Specifications.

P.C.C. curb and gutter shall conform to City Std. Dwg. Nos. 312 and 314.

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P.C.C. sidewalk shall conform to City Std. Dwg. Nos. 411, 412, and 413, (and 414 where necessary).

P.C.C. cross-gutters shall conform to SPPWC Std. Plan No. 122-3 or City Std. Dwg. No. 415, as directed by the Engineer.

Removal of existing concrete and masonry improvements and structures and composite pavement shall conform to Section 401- Removal, of the Standard Specifications and these Special provisions.

Concrete curb, gutter, sidewalks, and access ramps shall be constructed of Portland cement concrete of the class and other requirements prescribed in Subsection 201-1 of the Standard Specifications.

All excavation, clearing and grubbing shall be performed in accordance per Sections 300 and 303 of the Standard Specifications. Payment shall be included in the price for the various contract items of work, and no additional compensation shall be allowed therefore.

The Contractor shall replace all damaged existing curb drain outlets to a satisfactory working condition.

The new P.C.C. curb, gutter, sidewalks, and access ramps shall conform in grade, finish, and color to the adjoining portions.

Any sections of said work having a patchwork appearance will be rejected by the City Engineer, and the Contractor shall replace them at his own expense. To ensure a neat break line between existing and new portions of P.C.C. curb, gutter, sidewalks, and access ramps, the Contractor shall be required to use a concrete cutting saw of a type approved by the City Engineer.

The Contractor is required to sawcut all concrete full depth. All sawcuts shall be neat, straight lines. Removal shall be to the nearest construction joints or weakened plane joints.

Construction joint and weakened plain joint spacing shall match the adjoining sidewalk to the extent possible. Compensation for sawcutting shall be included as part of the unit cost bid for all the various contract items of work.

Attention is directed to Subsections 201-4 and 303-1.10 for the Standard Specifications for curing requirements. Full compensation for conforming to the requirements of Subsections 201-4 and 303-1.10 of the Standard Specifications shall be considered as included in the prices for the various contract items of work, and no additional compensation will be paid therefore.

Curb at each separate location shall be completed within five (5) working days from the time the repair work is initiated, or as directed as the Engineer. Forms shall be removed as soon as the concrete has had sufficient time to cure.

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It will be the responsibility of the Contractor to complete all initiated repairs by the end of the Friday of each working week unless specified otherwise by the City Engineer.

All form work shall be inspected by the Project Engineer prior to placement of concrete.

Trenches shall be protected at nighttime, on weekends, and during non-working hours.

It shall be the contractor’s responsibility to assure that the work site is maintained in a safe condition at all times, especially at weekends.

New construction (i.e., access ramps) shall be coordinated to avoid conflicts with existing power poles, street lights, fire hydrants, and catch basins. All adjacent areas shall be graded and restored to original condition upon completion.

All form work including reinforcing steel shall be inspected by the Project Engineer prior to placement of concrete.

P.C.C. curb, curb and gutter, sidewalks, curb access ramps, cross gutters, bus pads and driveways shall be constructed over 6 inches of crushed miscellaneous base (CMB). Payment for CMB required under these items shall be included in the unit prices bid items for P.C.C. curb, curb and gutter, sidewalks, cross gutters, driveway aprons, and curb access ramps, and no additional compensation shall be allowed therefore.

The Contractor is advised that the planned longitudinal gutter slopes may mild to flat gradients. To provide for positive drainage, the Contractor shall “water test” the flowline.

When the gutter concrete is freshly placed and floated to form, a small amount of water shall be placed in the upstream end of the gutter. The gutter flowline shall be finished to remove high points to allow water to freely drain to the downstream end of the gutter.

Trenches shall be covered at night, on weekends, and during non-working hours.

It shall be the contractor’s responsibility to assure that the work site is maintained in a safe condition at all times, especially at night and weekends.

303-5.7 Repairs and Replacements.

All work which is defective in its construction or deficient in any of the requirements of these Special Provisions shall be remedied, or removed and replaced by the Contractor in a manner acceptable to the City and no compensation will be allowed for such correction.

The minimum length for removal and replacement of unsatisfactory work shall be score line to score line for sidewalk. Sawcutting is required for all removals of defective concrete work at no additional cost.

Upon failure on the part of the Contractor to comply forthwith with any order the City makes under the provisions of this Section, the City shall have authority to cause defective work to be removed and replaced and deduct the costs thereof from any monies due or to become due the Contractor.

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303.5-8 Backfilling and Cleanup.

The construction of any improvement in place shall mean that in addition to the requirements under Section 303-5.8 of the Standard Specifications relating to “Backfilling and Clean up,” the Contractor shall be responsible for backfilling the area excavated for the purpose of setting forms. Said backfill shall be considered part of the bid price for the various contract items of work, and no further compensation shall be paid therefore. Said backfill shall be done immediately following the removal of forms.

If no new construction is to be placed in the location where concrete has been removed, then the area shall be backfilled and graded to match existing grade.

During all phases of construction, the Contractor shall maintain a clean work site. The contractor shall be responsible for the removal and disposal of all concrete, asphalt, tree roots, and any other debris resulting from the work performed. Full compensation shall be considered as included in the prices for the various items.

303-5.9 Measurement and Payment. The Subsection 303-5.9 of the Standard Specifications are hereby deleted and replaced with the following:

Full compensation for the requirements of Sawcut & Remove Ex. and Construct 6” P.C.C. Curb over 6” CMB per SPPWC Std. Plan No. 120-2, Type A1-6(150) Modified per Plan will be paid for at the contract unit price bid per LINEAL FOOT (LF) as described in Subsection 7-7 of these Special Provisions. No additional compensation will be allowed therefore.

SECTION 314 – TRAFFIC STRIPING, CURB AND PAVEMENT MARKINGS, AND

PAVEMENT MARKERS

[Replace the entire Section with the following:].

Signing and striping work shall comply with the 2018 Caltrans Standard Specifications and any applicable errata (or Revised Standard Specifications), as modified by these special provisions. If a conflict exists between these Special Provisions and either set of Standard Specifications, the following shall be the order of precedence:

1. Plans

2. Special Provisions

3. Caltrans Revised Standard Specifications (RSS), latest edition

4. Caltrans Standard Specifications (CSS), latest edition

5. Standard Specifications for Public Works Construction (SSPWC), latest edition

All pavement markers shall be in accordance with Section 81 “Miscellaneous Traffic Control Devices” of the latest edition of the Caltrans Standard Specifications (including the Revised Standard Specifications) as modified within these Special Provisions. All striping and pavement markings shall be in accordance to Section 84 “Markings” of the latest edition of the Caltrans Standard Specifications (including the Revised Standard Specifications) as modified within these Special Provisions, and comply with the Caltrans Standard Plans, and the latest edition of the California Manual on Uniform ATTACHMENT 2
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Traffic Control Devices (CA MUTCD), and as specified by the ENGINEER.

The Contractor shall furnish all material, services, labor and equipment necessary for the required pavement preparations, layout and completing the pavement markings.

SIGNING AND STRIPING

All pavement markers and delineators shall be in accordance with Section 81 “Miscellaneous Traffic Control Devices” of the latest edition of the Caltrans Standard Specifications (including the Revised Standard Specifications) as modified within these Special Provisions. All striping and pavement markings shall be in accordance to Section 84 “Markings” of the latest edition of the Caltrans Standard Specifications (including the Revised Standard Specifications) as modified within these Special Provisions, and comply with the Caltrans Standard Plans, and the latest edition of the California Manual on Uniform Traffic Control Devices (CA MUTCD), and as specified by the ENGINEER.

The Contractor shall furnish all material, services, labor and equipment necessary for the required pavement preparations, layout and completing the pavement markings.

81 MISCELLANEOUS TRAFFIC CONTROL DEVICES

81-2 Delineators

81-2.01 General.

81-2.01C Submittals. Add the following:

The contractor shall provide submittal sheets for approval prior to ordering the materials.

81-2.02 Materials.

81-2.02A General. Add the following:

The delineators shall be flexible 42” tall white high speed high performance tubular delineator with welded capped top and black colored bases. Each delineator shall be equipped with bands of flexible retroflective sheeting and each base shall be equipped with two reflectors, one facing each direction of travel.

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81-2.03 Construction Replace entire section with the following:

The contractor shall surface mount the delineators using a 2-part epoxy and/or anchor bolts per manufacturer’s specifications and per direction of City Maintenance staff and the Engineer.

81-3 Pavement Markers

81-3.02 Materials.

81-3.02A General. Add the following:

The Contractor shall furnish and install raised pavement markings no sooner than seven (7) days nor later than fourteen (14) days following the final installation of traffic striping, and located pursuant to the striping plans.

Blue “Fire Hydrant” Raised Pavement Markers

The Contractor shall furnish and install blue reflective raised pavement markers on new pavement at existing fire hydrant locations. The new marker location shall be in accordance with the Typical Hydrant Marker Location Standard Drawing and the following requirements:

4. Two-way Streets or Roads: Markers shall be placed six (6) inches from edge of painted centerline on the side nearest the fire hydrant. If the street has no centerline, the marker shall be placed six (6) inches from the approximate center of the roadway on the side nearest the hydrant. See Figures 1 through 3 of the above-mentioned standard.

2. Streets with Left-Turn Lane at Intersection: Markers shall be placed six (6) inches from edge of painted white channelizing line nearest the hydrant. See Figure 4 of the above-mentioned standard.

81-8 Existing Pavement Markers and Delineators

81-8.03 Construction.

81-8.03B Remove Pavement Markers. Add the following:

All blue “fire hydrant” pavement markers that are removed shall be reinstalled by the contractor.

When striping is removed, any corresponding pavement markers within or adjacent to the stripe, or within the gaps of dashed striping shall be removed.

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82 SIGNS AND MARKERS

82-2 Sign Panels.

82-2.02 Materials.

82-2.02A General. Add the following:

All sign face reflective sheeting shall be diamond grade retroflective with protective overlay film.

[Add the following section:].

82-2.03C Remove and Salvage Sign and Sign Post.

Sign panels and sign posts that are in good reusable condition that are to be salvaged shall be delivered the same day to the city. The salvaged sign panels and posts shall be delivered to the City’s corporation yard, located at 2310 Placentia Avenue, Costa Mesa 92627. Prior to delivery, please call Juan Santos at 714-697-5545.

82-2.04 Payment. Replace section with the following:

Payment for furnishing sign panels shall be included in the bid price of installing the sign panels.

82-3 Roadside Signs.

82-3.02A General. Add the following:

Signs and shall posts shall conform to the California Manual on Uniform Traffic Control Devices (CA MUTCD), latest edition.

82-3.02B Metal Posts. Add the following:

Metal posts shall be 2” square perforated steel posts (Telespar) with breakaway connections.

82-3.03 Construction.

82-3.02A General. Add the following:

Installation of sign posts, including mounting height and required clearances, shall conform to the California Manual on Uniform Traffic Control Devices (CA MUTCD), latest edition.

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84 MARKINGS

84-1 General

84-1.01 General. Add the following:

Markings must also comply with the Caltrans Standard Plans and Revised Standard Plans, latest edition.

The contractor shall record the existing Striping and Markings for the entire project limits on the Plans and provide to the Engineer prior to removal operations.

Contractor shall restore pavement traffic striping and marking damaged during construction to original condition.

The installed material shall be highly visible to the motorists both day and night.

Unless otherwise noted, all traffic stripes shall be 6-inch width minimum and shall comply with the most recent Caltrans Standard Plans.

84-2 Traffic Stripes and Pavement Markings

84-2.02 Materials.

84-2.02A General.

Paint, thermoplastic, and glass beads for traffic stripes and pavement markings will be furnished by the Contractor, including cat tracks and dribble lines, unless otherwise noted in the Plans or these special provisions.

84-2.02C Thermoplastic. Add the following:

Thermoplastic shall be composed of Alkydloid/Maleic Thermoplastic Pavement material that is applied to a road surface in a molten state by extrusion of the designated thickness and width. The stripe shall, upon cooling, be reflectorized and be able to resist deformation by traffic.

On all dry pavement surfaces binder/sealer shall be applied to the area where hot thermoplastic pavement markings are to be placed. The binder/sealer shall be that recommended by the manufacturer of the thermoplastic material. The material shall form a continuous film which shall dry rapidly and adhere to the pavement. The material shall not discolor nor cause any noticeable change in the appearance of the pavement outside of the finished pavement markings. All solvents shall have evaporated from the binder/sealer prior to the application of the molten thermoplastic materials.

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Preformed Green Colored Thermoplastic

Preformed green thermoplastic pavement markings shall be Ennis Flint PreMark VIZIGRIP (VG). Preformed green thermoplastic shall be non-slip, non-skid and retroflective. Contractor shall turn in submittal sheets to Engineer for approval prior to ordering. Preformed green thermoplastic shall be installed per manufacturer’s specifications.

84-2.03 Construction.

84-2.03A General. Add the following:

The Contractor shall furnish and apply traffic stripes and pavement markings as shown on the plans or as directed by the Engineer. The Contractor shall be responsible for the completeness and accuracy of all layout alignment and spotting. The Contractor shall layout or "cat track" proposed marking for approval by the Engineer or his designee prior to performing actual marking placement. No work shall commence without said approval.

The Contractor shall "cat track" for striping and markings no later than 24 hours after the application of the slurry/ACSC (if applicable).

Newly placed traffic stripes and pavement markings shall be protected from damage by public traffic or other causes until the paint or thermoplastic (hot-applied or preformed) is thoroughly dry.

Thermoplastic and paint shall be placed as close as possible to utility structures without covering them.

The Contractor shall perform all layout, alignment, and spotting of control points spaced at 100 feet on tangents and 50 feet on curves.

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Pavement Marking Guarantee

The pavement marking material furnished and installed under this contract shall be guaranteed by the Contractor against failure due to blistering, bleeding, excessive cracking, staining, discoloration, oil content of pavement materials, smearing or spreading under heat, deterioration due to contact to oil or gasoline drippings, chipping, spoiling, poor adhesion resulting from defective materials or methods of application, loss of reflectivity, from traffic and wear for a period of one year.

84-2.03C Application of Traffic Stripes and Pavement Markings

84-2.03C(1) General. Add the following:

The Contractor shall apply the first application of paint for traffic striping and shall install thermoplastic (hot-applied or preformed) markings no sooner than seven (7) days nor later than twelve (12) days following the application of new slurry/ACSC (if applicable).

Any painted curb removed or damaged during construction shall be repainted in kind (i.e., red, yellow, green, etc.).

Advance spotting of angle points, end points and other control points shall be performed by the Contractor and be approved by the Engineer.

Any damage to the newly placed marking due to the failure of the Contractor to protect the work shall be repaired by the Contractor at no additional cost.

Any cover marked during the construction of the project shall be restored to its original condition or replaced, in kind, at the contractor’s expense.

84-2.03B(2) Thermoplastic

84-2.03B(2)(a) General. Remove the following:

Apply thermoplastic in a single uniform layer by spray or extrusion methods

[Add the following:].

Apply thermoplastic by extrusion methods or using preformed markings.

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Preformed thermoplastic including green non-slip and non-skid preformed thermoplastic for bicycle facilities on asphalt shall be installed per manufacturer’s specifications.

Newly placed thermoplastic pavement markings shall be protected from damage by public traffic or other causes until the thermoplastic (hot-applied or preformed) is thoroughly cool and dry.

84-2.03B(2)(c) Sprayable Thermoplastic. Remove section 84-2.03B(2)(c) in its entirety:

84-2.03B(6) Paint. Remove the following:

Apply traffic stripes and pavement markings in 1 coat on existing pavement surfaces, at an approximate rate of 107 sq ft/gal.

Apply traffic stripes and pavement markings in 2 coats on a new pavement surface. The 1st coat of paint must be completely dry before applying the 2nd coat.

[Add the following:].

Apply painted traffic stripes and/or pavement markings shall be installed with 2 coats of paint. The 1st coat of paint must be completely dry before applying the 2nd coat.

Newly placed painted traffic stripes and pavement markings shall be protected from damage by public traffic or other causes until the paint is thoroughly dry.

Revise the title of the following section 84-2.04B:

84-9 EXISTING MARKINGS

84-9.03B Remove Traffic Stripes and Pavement Markings. Replace in its entirety with the following:

All pavement markers to be removed shall be removed without damaging the pavement.

Accumulations of sand or other material that might interfere with drainage or might constitute a hazard to traffic will not be permitted and shall be removed immediately.

Traffic stripes and markings shall be removed before any change is made in the traffic pattern and before painting new stripes and markings.

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After removal of existing markers and striping, temporary markers and striping must immediately be in place until such time where the final markers and striping can be placed.

314-5 Measurement and Payment

Full compensation for the requirements of Traffic Signing, Striping, Pavement Markings, RPM’s & Curb Painting will be paid for at the contract LUMP SUM (LS) price bid , as described in Part 1 of these Special Provisions. No additional compensation will be allowed therefore.

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SECTION E

SPECIAL PROVISIONS
PART 4

EXISTING IMPROVEMENTS

400-1 GENERAL

400-1.1 Removal and Restoration of Existing Improvements

Contractor shall remove and restore all existing improvements including but not limited to, removing and installing mailboxes, fences, walls, driveways, bricks, pavers, relocation of existing drain pipe, removing tree roots and restoring planters, sprinklers, and landscaping and irrigation system.

Contractor shall restore or replace to a condition equal to or better than existing condition. All replacement and restoration work shall be coordinated with the City and completed to satisfaction of the City.

400-2 PERMANENT SURVEY MARKERS Replace with the following:

Unless otherwise provided in the Special Provisions, the Contractor shall be responsible for protecting all existing horizontal and vertical survey controls, monuments, ties and benchmarks located within the limits of the project. If any of the above require removal, relocating or resetting, the Contractor shall, prior to any construction work and under the supervision of a California-licensed Land Surveyor or Civil Engineer licensed to practice surveying, inventory all existing survey monuments and ties and establish sufficient temporary ties and bench marks to enable the points to be reset after completion of construction by the Contractor’s Surveyor or Civil Engineer licensed to practice surveying. A copy of this inventory shall be submitted to the Engineer.

Submitted documents shall include field notes and sketches which must contain existing information of centerline control points, survey monuments and swing ties to be replaced such as existing L.S. No. or R.C.E. No., Per Parcel Map No. ___, or Tract Map No. , and other related information; they must be sealed and signed by the civil engineer or land surveyor registered by the State of California. The monument resetting work shall comply with the Subdivision Map Act, Orange County, California State requirements, and applicable CITY Codes.

[Add the following Subsection:].

400-2.1 CITY Standard Drawings

 Standard Drawing No. 613 or 615.

Any ties, monuments and benchmarks disturbed during construction shall be reset per City standards after construction and the tie notes submitted to the City on 8½" x 11" ATTACHMENT 2
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loose leaf paper. The Contractor and its sureties shall be liable, at Contractor's expense, for any resurvey required due to its negligence in protecting existing ties, monuments, benchmarks or any such horizontal and vertical controls.

400-2.2 Survey Monuments

Reset tie monument shall have at least four (4) control points.

The Contractor shall obtain prior approval from the ENGINEER before setting new survey monuments and ties.

New survey monuments shall be set on new pavement surface with a 2.5” (minimum) P.K. nail, spike, or equal and brass washer with an R.C.E. or a L.S. tag. Four (4) new control lead and tack swing ties shall be set on top of curb for each new survey monument.

If existing notches of a monument are on the manhole ring, said notches must be ground out after a new PCC collar is constructed around the manhole. The Contractor shall provide four points (monuments) of four-foot tangent over ties. Requirements shall be per the preceding paragraph.

If the Contractor fails to reset ties and monuments and fails to set new centerline ties, the CITY will hire private professional engineers or land surveyors to perform the work and will deduct such cost from the contract. The deduction shall include the cost of the CITY personnel time involved.

The Contractor must submit a corner record for each monument to the County of Orange for approval. The Contractor shall submit all approved monument corner records to the CITY before final payment.

The Contractor shall also submit to the CITY field notes and sketches for all existing control ties and monuments to be protected in place. These documents must be signed and sealed by either the Professional Licensed Land Surveyor or Civil Engineer registered in California.

400-3 PAYMENT Replace the last sentence with the following:

Full compensation for the requirements of Reset Existing Survey Monuments and Ties, shall be paid for at the contract unit price bid per EACH (EA) as described in Part 1 of these Special Provisions. No additional compensation will be allowed therefore.

Full compensation for the requirements of Adjust Well Monument Can & Cover to Grade, shall be paid for at the contract unit price bid per EACH (EA) as described in Part 1 of these Special Provisions. No additional compensation will be allowed therefore.

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SECTION 402 – UTILITIES

402-1 LOCATION

402-1.1 General. Add the following:

Locations of utilities shown on plans are approximate only and are based on a search of available records.

Attention is directed to the possibility of utility mains or laterals within the project limits.

The CONTRACTOR shall have the locations of the various utility facilities within reconstruction areas marked on the surface prior to construction and protect them during the removal and reconstruction procedures. The CONTRACTOR shall contact the City Transportation Services Department to locate traffic signal conduit within the reconstruction areas.

Prior to commencing any other work, CONTRACTOR shall carefully excavate and determine precise locations and depths of all utilities, including service connections, shown on the plans and marked in the field, which may affect or be affected by Contractor's operations. This work shall be done in accordance with Section 402-1.1 of the Standard Specifications. CONTRACTOR shall not be compensated for any delays or extra work brought about by his failure to perform the above-mentioned work.

CONTRACTOR shall be responsible for any damage to existing utilities shown on the plans pursuant to its location operations as required under this subsection of the Standard Specifications.

Upon completion of the Project, the CONTRACTOR shall be required to remove, to the satisfaction of the ENGINEER, all utility locator markings and utility tie-out paint markings that either the CONTRACTOR, the CITY or utility companies make during the course of the work from the surfaces of sidewalks, driveway approaches, curb and gutters, using the removal method acceptable to the ENGINEER. Any damage to the existing improvements due to CONTRACTOR’S removal operation, shall be included in the various applicable items of work, and no additional compensation will be allowed therefor.

The CONTRACTOR shall notify and coordinate with the owners of the utility companies at least two (2) working days in advance of any work to be done by said utility companies’ forces (See Subsection 402-4 of these Special Provisions for utility contact information).

402-1.2 Payment. Replace with the following:

Full compensation for the requirements of utility location, notifications, coordination and scheduling of utility work (to be done by utility forces), performed by the Contractor, shall be included in the contract unit prices bid for the various items of work requiring utility location to be performed by others, and no further compensation will be allowed.

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402-2 PROTECTION Add the following:

The Contractor shall be responsible for protecting and supporting all existing utilities and maintaining the location of and access to all gate valves during construction. When damage to existing utilities is caused by the Contractor's operations, the Contractor shall, at his expense, repair or replace damaged facilities promptly, in accordance with all applicable sections of the Standard Specifications and the standards of each affected utility. Should the Contractor fail to perform the required repairs or replacements, the cost of performing such repairs or replacement by others shall be deducted from any monies due or to become due the Contractor.

402-2.1 Payment

Payment for utility protection by the Contractor shall be included in the contract unit prices bid for the various items of work requiring utility protection and no further compensation will be allowed.

402-4 RELOCATION Add the following:

Any miscellaneous utilities to be relocated by the Contractor, as indicated on the Plans, shall be relocated in a workmanlike manner, and all such work shall be done only at such times which are acceptable to the utility owner. The Contractor shall schedule its relocation work in cooperation with the utility owner and shall be responsible for any costs resulting from the Contractor's failure to do the work at times which are acceptable to the owner. The Contractor shall notify owners of the following companies at least two (2) working days in advance of any work:

AT&T (right-of-way)
Valentina Gipson
3939 E Coronado St, Rm 2030
Anaheim, CA 92807
(o) 714-618-9132
Email: [email protected]

Cost Mesa Sanitary District
Javier Ochiqui, Management Analyst
290 Paularino Avenue
Costa Mesa, CA 92626
(o) 949-645-8400
Email: [email protected]

AT&T
Rhonda Clary-Byers (engineer for Costa Mesa)
or Doug DiPaolo
3939 E. Coronado St.

Anaheim, CA 92807
(o) 714-618-9116
(o) 714-618-9125
Email: [email protected]
Email: [email protected]

Costa Mesa Sanitation District
Nabila Guzmán, Construction Notices
290 Paularino Avenue
Costa Mesa, CA 92626
(o) 949-645-8400, ext. 230
Email: [email protected]

Mesa Water District
Phil Lauri
1965 Placentia Ave. (inter-office mail okay)
Costa Mesa, CA 92627
(o) 949-207-5449
(c) 949-631-1200 (24-hour)
Email: [email protected]

Orange County Water District (OCWD)
Chris Olsen
P.O. Box 8300
Fountain Valley, CA 92728
(o) 714-378-3200
(c) 714-378-3240 (24-hour)
Email: [email protected]
Email: [email protected]

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Mpower Communications, Inc.

Mark Denning
2698 White Road
Irvine, CA 92614
(o) 949-864-0296
(c) 949-547-6455
Email: [email protected]

CA Regional Water Quality – Santa Ana Region
Mark Smythe
3737 Main St., Suite 500
Riverside, CA 92501
(o) 951-782-4130
(c) 951-543-8523
Email: [email protected]

Orange County Sanitation District (OCSD)
Rudy Davila
P.O. Box 8127
Fountain Valley, CA 92728
(o) 714-593-7348
(c) 714-593-3301 (24-hour)
Email: [email protected]

Irvine Regional Water District
Kelly Lew
15600 Sand Canyon Ave.

Irvine, CA 92618
(o) 949-453-5586
(p) 949-729-7300 (24-hour)
Email: [email protected]

Irvine Regional Water District
Brad Jackson (Area Construction Inspector)
15600 Sand Canyon Ave.

Irvine, CA 92618
(o) 949-632-0627
(p) 949-729-7300 (24-hour)
Email: [email protected]

SCE (Senior Compliance)
Susan Morgan
(o) 909-835-7527
(c) 909-835-7527
Email: [email protected]
*No pre-construction meeting notices BUT Susan
Morgan and Mónica Balderas would like to attend
all UTILITY MEETINGS and be made aware of
any fee schedule changes.

Irvine Ranch Water Dist. – Development Services*
Christian Kessler, P.E.
15600 Sand Canyon Ave.

Irvine, CA 92618
(o) 949-453-5300
(p) 949-453-5441
Email: [email protected]
*utility requests

SCE (Service Planner – Orange Coast S/C)
Damon Humphrey
7333 Bolsa Ave.

Westminster, CA 92683
(o) 714-895-0534
Email: [email protected]

Metropolitan Water District of So. California
Civil Engineering Substructures Section
Shoreh Zareh
P.O. Box 54153
Los Angeles, CA 90054
(o) 213-217-7474
(c) 626-844-5610 (24-hour)
Email: [email protected]

SCE (Service Planner – Orange Coast S/C)
Mónica Balderas
7333 Bolsa Ave.

Westminster, CA 92683
(o) 714-329-2778
Email: [email protected]

Metropolitan Water District of So. California
Civil Engineering Substructures Section
Kieran Callanan
P.O. Box 54153
Los Angeles, CA 90054
(o) 213-217-7474
(c) 626-844-5610 (24-hour)
Email: [email protected]

*Reminder*
After facilities are identified on the plans, send the
plans to Gail Gardner, and she will forward to
SCE’s planning department.

Send to: [email protected]

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SCE (Utility Notice Requests)
Kasy Chapman
7333 Bolsa Ave.

Westminster, CA 92683
(o) 714-895-0109
(c) 800-611-1911 (24-hour)
Email: [email protected]

Southern California Gas Co.

Wilson Baldelomar
P.O. Box 3334, SC8321
Anaheim, CA 92803
(o) 714-634-5091
(p) 800-603-7060 (24-hour)
Email: [email protected]

SCE (Base Maps)
Kimberly Gurule
1444 E. McFadden Ave., Bldg. “D”
Santa Ana, CA 92705
(o) 714-796-9932
Email: [email protected]*
*No pre-construction meeting notices to this
address – map requests ONLY.

Southern California Gas Co.

Wilson Baldelomar
P.O. Box 3334, SC8321
Anaheim, CA 92803
(o) 714-634-5091
(p) 800-603-7060 (24-hour)
Email: [email protected]

Southern California Gas Co. (Transmission)
P.O. Box 2300
Chatsworth, CA 91313-2300
(o) 818-701-4546
Email: SoCalGasTransmissionUtilityRequest@
semprautilities.com

Verizon Business Investigations
2400 N. Glenville Dr.

Richardson, TX 75082
(o) 972-729-6016
(o) 469-886-4238
Email: [email protected]
*2nd Email: [email protected]
Contact Verizon Business for issues involving:
--- Brooks Fiber Properties, Inc.
--- MCImetro Access Transmission Srvcs.
--- MCI Telecommunications Srvcs
--- MFS Telecom, Inc.
--- SourtherNet, Inc. / WorldComNetwork Srvc.
--- Intermedia Communications, Inc.
--- XO Communications

Southern California Gas Co.

Richard Clendineng
P.O. Box 3334, SC8321
Anaheim, CA 92803
(o) 714-634-3262
Email: [email protected]

Charter Communications
Don Simons
Construction Manager, Zone 8
7142 Chapman Ave.

Garden Grove, CA 92841
(o) 714-591-4871
Email: [email protected]

Southern California Gas Co.

Peter Serrano
P.O. Box 3334, SC8321
Anaheim, CA 92803
(o) 714-634-5067
Email: [email protected]

Charter Communications
Utility Research Requests
E-mail: DL-SOCAL-CHARTER-
[email protected]

Spectrum Time Warner Cable
José Román
12051 Industry St.

Garden Grove, CA 92841
(o) 714-591-4846
(c) 657-263-3641
Email: [email protected]

XO Communications
Matt Bergine
Engineer IV
Specialist-Network Engineering & Operations
(o) 949-417-7841
(c) 714-822-6207
Email: [email protected]

ATTACHMENT 2
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Spectrum Time Warner Cable
Main Number
7142 Chapman Ave.

Garden Grove, CA 92841
(o) 714-709-3390

XO Communications
Switchboard
(o) 703-547-2000

Spectrum Time Warner Cable
Jeff Cox
Email: [email protected]
Spectrum Time Warner Cable *utility requests*
Email: [email protected]*
Spectrum Time Warner Cable
Ángel Vega
(o) 714-591-4889
Email: [email protected]

Kinder Morgan
Jordan Neuner
(o) 310-628-4350
Email: [email protected]
Karly Payne, Administrative Assistant
(o) 714-560-4604
Email: [email protected]

Spectrum Time Warner Cable
Max Sándoval, Construction Coordinator
(o) 714-719-9629

Newport-Mesa Unified School District
Víctor Garza
(o) 714-424-5080
Email: [email protected]

OCTA – Stops & Zones
Kyle Poff
550 S. Main St.

Orange, CA 92863
(o) 714-560-5833
Email: [email protected]
OCTA (Detour Coordination)
Dispatch: 714-265-4330

Newport-Mesa Unified School District
Tim Marsh, Administrative Director, Facilities
Support Srvcs.
(o) 714-4247527
Email: [email protected]
Newport-Mesa Unified School District
Mary Gray
Email: [email protected]

OC Fair & Event Center
Jerry Eldridge, Director of Facilities
(o) 714-474-5983
Email: [email protected]

DIGALERT.ORG
(24-HR) 811
2 days before digging.

Where existing utility main lines and conduits (excluding sewer main lines) and all utility service lines (excluding sewer laterals) are to be relocated or declared abandoned by the affected utility companies, the Contractor shall be responsible for contacting the respective utility representatives for coordinating the relocations and for determining the abandonments. The Contractor shall proceed with excavation in such a manner that will allow utility companies adequate and reasonable time to relocate service lines. The Contractor shall not be compensated for any delays caused by failure to coordinate the above work with utility companies.

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[Replace the Section Title with the following:].

SECTION 403 – MANHOLE AND VALVE ADJUSTMENT AND RECONSTRUCTION

403-1 GENERAL Replace with the following:

Contractor shall adjust existing manholes and water valves to grade conforming to all applicable sections of the latest edition of the Standard Specifications, Mesa Water District (MWD) Standards & Specifications, Costa Mesa Sanitary District Standards & Specifications, and City of Costa Mesa Standard Plans.

The Contractor shall notify affected utility owners at least 5 working days in advance of the need to commence work required prior to paving operations and again for work required after paving operations. The Contractor shall mark locations of utility vaults where utility companies specifically state adjustments shall be made after paving. If it is found to impractical for the utility owner to complete remodeling or adjustment to structures, as evaluated by the ENGINEER, then the Contractor shall be absolved of further responsibility in connection therewith, and the structure shall be adjusted to grade by the utility owner under permit or ordinance procedure established by the CITY for utility cuts in pavement.

The manhole and valve box locations and distance from curb to center shall be marked on the curb face by the Contractor.

[Replace entire Subsection with the following:].

403-3 MANHOLES AND VALVES IN ASPHALT CONCRETE PAVEMENT
Replace with the following:

403-3.1 Storm Drain and Sanitary Sewer Manholes

All Storm Drain (SD) and Sanitary Sewer (SS) Manholes are to be protected from debris prior to construction and shall be thoroughly cleaned of any construction debris, which may have entered the manhole due to the Contractor's operations.

Work shall include the removal or furnishing of grade rings as necessary to adjust the manhole to grade.

The method of adjusting manholes in areas for resurfacing shall be as follows:

The asphalt pavement immediately adjacent to the manhole shall be removed, the manhole shaft extended with adjustment ring(s) to proper grade, the manhole frames and covers replaced, the manhole frames set in concrete, and the pavement replaced with a minimum of 2 inches of asphalt concrete. The finished grade of the cover shall be ¼ inches below the finish grade of the asphalt pavement. The asphalt pavement material shall conform to the surrounding pavement and AC pavement requirements of these Special Provisions.

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Existing SD and SS manholes shall be adjusted to new pavement grade 48 hours after paving operation.

The Concrete for the SD and SS manholes shall be 560-C-3250.

Contractor shall notify the Costa Mesa Public Services Department for coordination of SD manhole adjustments and Costa Mesa Sanitary District (CMSD) or Orange County Sanitation District (OCSD) for coordination of SS manhole adjustments and Mesa Water District (MWD) for water manhole adjustments, at least two working days prior to beginning work.

403-3.2 Water Valves

Water valves shall be protected in place and shall be accessible at all times during construction.

Valve covers shall be marked as to their location by the contractor prior to the placement of the pavement. The contractor shall furnish new valve cans if existing cans are damaged during operation. Existing covers shall be adjusted to new pavement grade 48 hours after paving operation.

Contractor shall notify the respective water district at least 2 working days prior to beginning work. All work adjusting water valve cans and covers to grade shall be inspected and approved by Mesa Water District (MWD).

Valve boxes shall be checked with a valve key for proper operation.

The Concrete for the valve covers and collars shall be 560-C-3250.

The Contractor shall be responsible for maintaining location of, and access to, all water line gate valves during construction operations. The Contractor may salvage and utilize all existing caps or sleeves, but shall be required to furnish all sleeve extensions. Any lost caps or sleeves shall be replaced by the Contractor at his cost.

All existing broken water sleeves shall be removed and replaced by the Contractor who shall contact the respective utility to pick up new sleeves for replacement.

403-4 Measurement and Payment

Full compensation for the requirements of Adjust Manhole Frame & Cover to Grade will be paid for at the contract unit price bid per EACH (EA) as described in Part 1 of these Special Provisions. No additional compensation will be allowed therefore.

Full compensation for the requirements of Adjust Storm Drain Manhole Frame & Cover to Grade will be paid for at the contract unit price bid per EACH (EA) as described in Part 1 of these Special Provisions. No additional compensation will be allowed therefore.

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Full compensation for the requirements of Adjust Water Valve Can & Cover to Grade will be paid for at the contract unit price bid per EACH (EA) as described in Part 1 of these Special Provisions. No additional compensation will be allowed therefore.

Full compensation for the requirements of Adjust Well Monument Can & Cover to Grade will be paid for at the contract unit price bid per EACH (EA) as described in Part 1 of these Special Provisions. No additional compensation will be allowed therefore.

SECTION 404 – COLD MILLING

404-1 GENERAL Add the following:

Cold milling of existing asphalt is required to remove damaged pavement and to permit new asphalt pavements to adhere to the existing surface and shall be performed per Plans and in accordance with Section 404, “Cold Milling” of the Standard Specifications, and as modified herein.

The existing asphalt concrete pavement shall be cold milled from the finished surface to depths per Typical Sections and Details as shown on the plans. The final cold milling depth shall result in a uniform surface conforming to the Typical Section(s) and Details shown on the plans, except as otherwise directed by the ENGINEER.

Except as otherwise called for on the Plans, all A.C. pavement cuts shall be cut to neat, clean, and straight lines to the satisfaction of, and as directed by, the ENGINEER.

Burning or heat planing will not be permitted. The planed pavement shall provide a maximum bond surface suitable for resurfacing.

The cold milled material shall be the responsibility of the Contractor to remove and dispose of from the Project limits in accordance with all laws and regulations.

404-1.1 Crack Sealing

Upon completion of the required cold mill depth, the Contractor shall inspect, sweep, and seal all cracks equal to or greater than ¼” wide and equal to or greater than 1” deep as follows:

Clean entire crack to a depth of up to 1” using sandblasting, brushing, and air blowing techniques as required to provide a crack free from all debris, dust, loose material and moisture. Gouging or plowing may be required to remove incompressible debris deep in the crack. The cleaned crack shall be filled with granulated tire rubber, plasticizer and filler, as manufactured by Crafco as Road Saver 203, or approved equal. All crack filler material shall be in conformance with the manufacturer’s specifications. The crack sealant placed shall be slightly below the cold milled pavement surface to avoid over- application and wicking through the new AC surface during compaction of the AC Base and Surface Course lifts. Deep cracks greater than 1” should be filled with sand and covered with a thin layer of sealant.

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The sealant product shall conform to the following specifications:

ASTM D6690, D3405, AASHTO M173 and Federal SS-S-164 and SS-S 1041C.

All holes greater than 4” in diameter that exceed the cold mill depth specified shall be cleaned of loose materials, filled with Dense Graded Asphalt Concrete (DGAC) Type B PG-70-10-RAP (Max. 10% RAP), and compacted (95% Relative Compaction) to a smooth even surface with the adjacent existing milled pavement prior to placement of the AC Base or Leveling Course.

404-1.2 Existing Facilities

Survey Monuments

Surveyor's street and property line monuments, not scheduled for removal shall be protected in accordance with the Standard Specifications and these Special Provisions.

Utilities

The CITY has made every reasonable effort to locate and mark on the Plans all known metal roadway improvements such as sewer manhole covers, water valve covers, catch basin covers, which, if struck, could damage the cold milling cutting drum and/or carbide tipped cutting teeth and makes no guarantee that it has successfully done so, therefore, Contractor must thoroughly inspect the work site in advance of the cold milling operation to minimize the risk of striking any unseen under surface object(s) and shall include in the price bid for cold milling the removal work, additional amount sufficient to cover the cost of damage related down time and the cost of repair of damage to said cold milling cutting drum and/or carbide tipped cutting teeth.

Curb and Gutter

Care shall be exercised not to damage adjacent concrete gutters or curbs. Gutters or curbs damaged shall be replaced at the Contractor's expense.

404-8 DISPOSAL OF MILLINGS Add the following:

Residue from grinding shall not be permitted to flow or travel into gutters, onto adjacent street surfaces or parkways. All residues shall be completely removed by sweeping and properly disposed. No washing of residues into drainage structures will be allowed.

404-10 PAVEMENT TRANSITIONS Add the following:

Where required, temporary asphalt concrete ramps shall be installed to meet all current ADA accessibility requirements. Additionally, temporary asphalt concrete shall be placed at all cross-street transition sections, and driveways, as required for grade change conformance tapers.

ATTACHMENT 2
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404-11 MEASUREMENT

404-11 PAYMENT Replace with the following:

404-11 MEASUREMENT AND PAYMENT

Full compensation for the requirements of Cold Mill Existing AC Pavement 2.5” per Typical Sections, Plans & Detail A-1 on Sheet 2 of Plans & Crack Seal, will be paid for at the contract unit price bid per SQUARE FOOT (SF) , including crack sealing as described in Part 1 of these Special Provisions. No additional compensation will be allowed therefore.

Full compensation for the requirements of Taper Cold Mill Existing AC Pavement (2” Max.) per Detail A-1 on Sheet 2 & Typical Sections (Royal Palm Dr.), will be paid for at the contract unit price bid per SQUARE FOOT (SF) , including crack sealing as described in Part 1 of these Special Provisions. No additional compensation will be allowed therefore.

ATTACHMENT 2
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SECTION E

SPECIAL PROVISIONS
PART 6

TEMPORARY TRAFFIC CONTROL

SECTION 600 – ACCESS

600-1 GENERAL Add the following:

Prior to restricting normal access from public street to adjacent properties, the Contractor shall notify each property owner or owner's agent, informing them of the nature of the access restriction and the approximate duration of the restriction. The Contractor shall make every effort possible to minimize such restrictions.

600-2 VEHICULAR ACCESS Add the following:

Trenches left open overnight shall be bridged in a safe and acceptable manner at all driveways and walkways to provide safe access.

The Contractor shall provide access as required to accommodate special circumstance at any residence including access for disabled, impaired, special medical needs, etc.

The Contractor shall use temporary asphalt surfacing at his own expense as required to maintain traffic in a safe and nondisruptive manner. The Contractor shall construct temporary AC ramps to provide safe and drive-able access to residents and businesses. Transitional and temporary asphalt concrete shall be removed prior to placement of new AC pavement.

600-3 PEDESTRIAN AND EMERGENCY ACCESS Add the following:

A minimum of one four (4) foot wide pedestrian walkway shall be maintained and safely delineated along each public street at all times during construction.

Contractor shall provide emergency access for the fire trucks and other emergency vehicles at all times.

Two (2) working days prior to the start of construction operations, the Contractor shall notify the Police and Fire Departments of the AGENCY, giving the approximate starting date, completion date, and the name and telephone number of responsible persons who may be contacted at any hour in the event of a critical condition requiring immediate correction.

The Contractor shall provide access as required to accommodate special circumstance at any residence including access for disabled, impaired, special medical needs, etc.

ATTACHMENT 2
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ATTACHMENT 2
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Project and Specification No. 23-07
SP-61

SECTION 601 – TEMPORARY TRAFFIC CONTROL FOR CONSTRUCTION AND

MAINTENANCE WORK ZONES

601-1 GENERAL Add the following:

Traffic control shall conform with the provisions set forth in the California Manual on Uniform Traffic Control Devices (CA MUTCD), and the latest edition of Work Area Traffic Control Handbook (WATCH) published by Building News, Inc, within the City Right-of-Way and pursuant to the Caltrans Standard Plans and Specifications within the Caltrans Right-of Way, and the Plans and Specifications.

The Contractor shall perform all work for this Project Monday through Friday, and including Saturday and Sunday if directed by the Engineer, and shall be allowed to work from 8:30 a.m. to 3:30 p.m. on residential streets, and from 8:30 a.m. to 3:30 p.m. on arterial and collector streets (see City’s Master Plan of Highways for reference), or unless directed otherwise by the ENGINEER. The Contractor may be allowed to work additional hours on Saturdays and Sundays pursuant to and at the discretion of the ENGINEER.

Special Conditions to Traffic Control and Limitations to Working Hours

Lane closures shall be allowed per the traffic control and working hours shown in the City approved Temporary Traffic Control Plan (TTCP). Minor deviations from the requirements concerning hours of work, which do not change the cost of the work, may be permitted by the ENGINEER upon the written request of the Contractor, provided that traffic will be better served and the work expedited. The Contractor shall obtain prior written approvals from the Engineer before adopting such deviations.

601-2 TEMPORARY TRAFFIC CONTROL PLAN (TTCP) Add the following:

The Contractor shall submit to the City a complete Temporary Traffic Control Plan (TTCP) for approval on all construction phases and /or stages in accordance with the Plans, the Standard Specifications, the Caltrans’ Manual of Traffic Controls in Construction and Maintenance Zones (latest edition) within Caltrans Right-of-Way, these Special Provisions and the standards contained in the California Manual on Uniform Traffic Control Devices (CA MUTCD) in the Work Area Traffic Control Handbook (WATCH) published by Building News, Inc. (latest edition) within City Right- of-Way.

The Contractor shall submit a legible, detailed Traffic Control Plan (TCP) on one or more 24” x 36” reproducible plan sheets which shall clearly show and/or describe all proposed lights, warning signs, barricades, delineators, temporary lane markings, temporary traffic signals or signs, and any and all other facilities proposed to be installed. Said TCP shall be prepared and stamped/sealed, signed, and dated by a State of California Registered Traffic Engineer and shall show all lane closures, restrictions, tapers, and other disruptions of normal traffic flow, 111 including pedestrian and vehicular detours. A schedule and/or sequencing diagram shall be included. Said TCP may be drawn on a sepia or other transparent copy of the project’s Plans.

ATTACHMENT 2
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Within one (1) week of receiving Award of Contract, contractor shall meet with the City to discuss the proposed traffic control plan and construction phasing.

TCP shall be submitted to the Engineer for approval within fifteen (15) calendar days after Award of the Contract. Contractor may submit traffic control plan for each Phase separately. Incomplete traffic control plan will be rejected without reviewing. The City will not be responsible for any delay of the project due the incomplete submittal of the traffic control plan.

ATTACHMENT 2
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NOTE: Contractor to be aware of the following restrictions to any and all work being performed within the City of Costa Mesa when developing the TTCP, unless otherwise directed by the ENGINEER:

a. Any work within a two (2) block radius of any school will be performed during a school break or on weekends. Contractor shall coordinate work schedule with ENGINEER, prior to commencing of proposed improvements.

b. Contractor is not allowed to perform any work adjacent to the Orange County Fair Grounds from Friday prior to the start of the Orange County Fair to the Monday after the Fair ends. During this time, Contractor shall coordinate with the Engineer locations of the streets, as specified in the City’s Orange County Fair Moratorium Map, prior to commencing of proposed improvements.

c. The Contractor shall not be allowed to perform any work from the Monday before Thanksgiving to the Monday after New Year’s Day on Arterial streets, and during the week of any Holiday (Sunday through Saturday) on Residential streets. During this period, all work shall be completed, all travel and/or traffic lanes shall be restored to a safe condition, be fully operational, and shall be opened to vehicular traffic.

d. During elections, no work will be allowed within six hundred feet (600’) from polling place including no parking of construction equipment or employee vehicles within said distance of 600 feet.

e. Prior to commencement of any work within City limits, the contractor shall coordinate with the ENGINEER so that the work performed will not interfere with any special events occurring in the City throughout the year.

f. Any night or weekend work shall be approved by the City a minimum of five (5) working days prior to the scheduled construction of the streets affected.

601-3 TEMPORARY TRAFFIC CONTROL (TTC) ZONE DEVICES

601-3.4 Operations and Maintenance Add the following:

The Contractor shall keep the areas adjacent to the Project site clear of any objects that may be hazardous to pedestrians and motorists. Provisions to reroute pedestrians, including the disabled, around the work area must be clearly delineated. The Contractor shall be responsible for the project safety on a 24-hour basis each calendar day for the entire duration of the project.

The City will only provide inspection during the designated construction hours Monday through Friday and as approved by the ENGINEER for Saturday and Sunday work in accordance with the work hours defined herein. Any work done without inspection is at the Contractor’s risk and subject to rejection. The replacement costs for rejected work will be borne by the Contractor.

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The Contractor shall protect and preserve all the existing pavement outside construction limits in the same condition as existing. Contractor shall replace and/or repair the damaged area to the satisfaction of the ENGINEER at no cost to the CITY if damaged by the Contractor.

Prior to the start of each workday, the Contractor shall perform all necessary work incidental to and commensurate with the proper signing, detouring, barricading, etc., heretofore and hereinafter specified that is required for that particular day’s schedule of operations. No construction shall be permitted until such signing and detouring operations have been completed.

601-3.5 Signs and Signage

601-3.5.1 General Add the following:

The Contractor shall use illuminated or reflective warning/construction signs at both ends of construction area, and at appropriate locations or as directed by the ENGINEER for the entire duration of the project. Solar powered flashing arrow boards will be required for all lane closures and may be required for other traffic control. In addition to other delineation, the Contractor shall be responsible for the project safety on a 24-hour basis. Where construction signing conflicts with existing signing, the Contractor shall cover existing signs in a manner approved by the ENGINEER.

In order to minimize interruption to the construction and the inconvenience to the motorists, the Contractor must post traffic control signs at all applicable approaches to forewarn traffic. All signs must be visible and readable to the traffic from a minimum distance of 75 feet.

The Contractor shall install C-18 ROAD CONSTRUCTION AHEAD, C-17 with APPROPRIATE SPEED LIMIT, and C-13 END CONSTRUCTION signage and as required pursuant to the Plans and Specifications.

The Contractor shall furnish, install, post and maintain in place "No Parking - Tow Away" signs of a minimum height of forty-two (42) inches (from ground finish surface to top of sign) on temporary traffic control devices (even if streets have posted "No Parking" signs), which shall be posted at least 72 hours prior to commencement of roadwork, unless otherwise directed by the ENGINEER. On the sign, Contractor shall print the hours, day(s) and date of closure in two-inch-high letters and numbers. A sample of the completed sign shall be approved by the ENGINEER five (5) working days prior to posting. The signs shall be spaced at a maximum of 50 feet from the street intersection and/or from each adjacent sign and at 200 feet spacing within each alley. For any work to be performed on Monday morning or a morning following a holiday, the Contractor must post "No Parking - Tow Away" signs with all requirements as specified at least 48 hours prior to weekend or holiday begins.

When directed by the ENGINEER, the Contractor shall provide flagmen to direct the traffic, at no additional contract cost to the CITY.

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Coordination of Traffic Control with Residents, Utilities, and other Agencies

The Contractor shall complete the following coordination efforts with residents, affected utilities, and other agencies as part of the Temporary Traffic Control work:

a. Scheduling

The Contractor shall submit the Construction Work Schedule to the CITY for review and acceptance pursuant to Section 6-1.1 of the General Provisions. This schedule shall provide affected residents and businesses ample “on-street” parking within an 800-foot distance from their residence and/or businesses’. Requests for changes in the schedule shall be submitted by the Contractor to the CITY for approval at least three (3) working days prior to the scheduled construction of the streets affected. b. Notification

Two (2) weeks prior to construction, the Contractor shall be responsible for all notification to the residents and the businesses, and provide project status updates to affected residences and businesses informing them of the pending Project and Scope of Work, unless otherwise directed by the ENGINEER. The Contractor shall submit a resident notification letter to the CITY for approval at least five (5) working days prior to delivery. The Contractor shall hand deliver copies of the approved notification letter and a newsletter (copies provided by the CITY) to the affected residences and businesses prior to the scheduled construction of the streets. This notification letter shall state the date and time of restricted travel on the affected streets. Failure to meet the approved schedule requires that the Contractor immediately notify residents of the cancellation for that day's work and reschedule construction of the affected area at a later date, at no cost to the CITY. Notification of rescheduled work shall follow this same procedure.

Notify the ENGINEER five (5) working days before commencing any work as stated in “a” above.

Notify the trash pick-up company “Costa Mesa Disposal” and all other trash haulers licensed to do business within the city of Costa Mesa of the schedule of work and the limitation of access. Coordinate with trash haulers and residents to ensure that regularly scheduled trash collection will occur. Contact Public Services Department at (714) 754-5307 for addresses of Costa Mesa Disposal and other trash haulers; also notify U.S. Postal Service and all other affected utilities (Edison, sewer, water, gas, telephone, etc.).

Coordinate with Orange County Transportation Authority to plan and to accommodate bus routes at least five (5) working days prior to commencement of any work, which will affect any of their facilities.

601-3.6.4 Barricades Add the following:

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Type I, II, and III barricades shall be used at all approaches, per standards and as directed by the Engineer. The Contractor shall employ sufficient traffic barriers to prevent traffic from entering the construction areas.

601-4 TEMPORARY TRAFFIC STRIPING AND PAVEMENT MARKINGS

The Contractor shall provide temporary delineation as depicted in the TTCP and as directed and approved by the ENGINEER. Temporary delineation shall include wet nozzle sandblasting of conflicting markings, installation and removal of temporary centerlines or lane lines, detour signing, barricading, replacement of traffic lines, and markings in their proper locations upon termination of the detour phase.

Provide temporary travel lane delineation, as required, at all times. Temporary flexible reflective stick-on markers (slurry markers) may be applied.

Any locations yielding a situation that is not considered drive-able by the ENGINEER shall be resolved by the Contractor at the direction of the ENGINEER. The Contractor shall not be paid for such corrective action and shall be charged for any costs incurred by the City for corrective action.

Provide temporary traffic restriping at the conclusion of any working day for any centerline or lane line, which is obliterated by construction for a distance longer than 65 feet.

601-4.3 Removal Replace with the following:

Removal shall conform with Section 314-2 of these Special Provisions.

The Contractor shall provide the first coat of permanent traffic restriping in accordance with Section 314 of these Special Provisions.

601-4.4 Measurement

601-4.5 Payment Replace both with the following:

601-4 4 Measurement and Payment

Measurement and Payment for Temporary Traffic Striping and Pavement Markers shall be included in the contract LUMP SUM (LS) price bid for Traffic & Pedestrian Control, Construction Phasing & Public Convenience & Safety as described in Part 1 of these Special Provisions. No additional compensation will be allowed therefore.

601-5 TRAFFIC LANE WIDTHS AND CLEARANCES

601-5.2 Lanes Widths Add the following:

The minimum lane width shall be 10 feet. There shall be a minimum of 5-foot clearance from open excavations deeper than 4-inches, and 24-inches clearance from other obstructions and any excavations less than 4-inches unless authorized by the Engineer.

The clearance requirements from open excavations may be reduced if K-railing (if the ATTACHMENT 2
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contractor so chooses) with crash cushions are utilized; the specification and layout of the K-rails with crash cushions shall conform to Caltrans’ standards and shall be approved by the ENGINEER; all costs for K-rails and crash cushions shall be borne by the Contractor.

[Add the following Subsection:].

602 MEASUREMENT AND PAYMENT

ATTACHMENT 2
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SECTION “F”

MISCELLANEOUS

CONTRACT

DOCUMENTS

(SAMPLE)

ATTACHMENT 2
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CITY OF COSTA MESA

PUBLIC WORKS AGREEMENT FOR
CITY PROJECT NO. 23-07

THIS PUBLIC WORKS AGREEMENT (“Agreement”), dated __________ (“Effective Date”), is made by the CITY OF COSTA MESA, a political subdivisi on of the State of California (“CITY” ), and ________, a [state] [type of organization] (“CONTRACTOR”).

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

ACCORDINGLY, the parties hereto agree as follows:

1. SCOPE OF WORK.

The Work consists of ____________________.

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

The Project is known as __________, City Project No. ____ (“Project”).

2. CONTRACT DOCUMENTS.

The complete Agreement consists of the following documents relating to the Project:
a. T his Agreement;
b. CONTRACTOR’s bid;
c. Notice inviting bids;
d. C omplete plans, profiles, detailed drawings and specifications, including general provisions and special provisions;
e. Certificates of Insurance;
f. Faithful Performance Bond and Labor and Material Bond, including agent’s Power of Attorney for each bond;
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g. Supplements, attachments, and exhibits attached to the above items; h. P rovisions of the most current edition of The Greenbook: Standard Specifications for Public Works Construction (“The Greenbook”); and i. All addenda setting forth any modifications or interpretations of the above documents.

The documents attached hereto are incorporated herein by this reference. The Greenbook is incorporated by 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 R
EPRESENTATIVE.

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

4. CONT RACTOR’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) P ersonnel. CITY has the right to review and approve any personnel who are assigned to perform work under this Agreement. CONTRACTOR shall remove personnel from performing work under this Agreement if requested to do so by CITY.

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This Paragraph 4 is a material provision of the Agreement.

5. SCHEDULE.

6. EQUIPMENT - PERFORMANCE OF WORK.

CONTRACTOR shall furnish all tools, equipment, apparatus, facilities, labor and materials necessary to perform and complete the Work of construction in a good and workmanlike manner in strict conformity with the Contract Documents.

The equipment, apparatus, facilities, labor and material shall be furnished and such Work performed and completed as required in the plans and specifications to the satisfaction of the Project Manager or h is or her designee, and subject to his or her approval.

7. CONTRACT PRICE.
_____________ ($______.00).

8. TI ME 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. Th e Work shall be completed within _______ [working/calendar] days from the first day of commencement of the Work.

9. TERMINATION.
(a) Termination for Convenience.

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

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(b) Termination for Breach of Contract.
(i) If CONTRACTOR refuses or fails to prosecute t he 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.

10. LIQUIDATED DAMAGES.

In the event the Work is not completed, for any reason, within the time required including any approved extensions of time, and to the satisfaction of the Project Manager, CITY may, in addition to any other remedies, equitable and legal, including re medies authorized by Paragraph 9 (Termination) of this Agreement, charge to CONTRACTOR or its sureties, or deduct from payments or credits due CONTRACTOR, a sum equal to _______ as liquidated damages for each day beyond the date provided for the completion of such Work.

ATTACHMENT 2
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The parties hereto agree that the amount set forth above, as liquidated damag es 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.

11. PERF
ORMANCE BY SURETIES.

In the event CONTRACTOR fails or refuses to perform the Work, CITY may provide CONTRACTOR with a notice of intent to terminate as provided in P aragraph 9 (Termination), of this Agreement. The CITY shall immediately give written notice of such intent to terminate to CONTRACTOR and CONTRACTOR’s surety or sureties, and the sureties shall have the right to take over and perform this Agreement; provided, however, that the sureties must, within five (5) days after CITY’ s giving notice of termination, (a) give the CITY written notice of their intention to take over the performance of this Agreement; (b) provide adequate assurances, to the satisfaction of the CITY that the Work shall be performed diligently and in a timely manner; and (c) must commence performance thereof within five (5) days after providing notice to the CITY of their intention to take over the Work. Upon the failure of the sureties to comply with the provisions set forth above, CITY may take over the Work and complete it, at the expense of CONTRACTOR, and the CONTRACTOR and the sureties shall be liable to CITY for any excess costs or damages including those referred to in Paragraph 10 (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.

12. DISPUT
ES PERTAINING TO PAYMENT FOR WORK.

ATTACHMENT 2
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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.

13. 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.

14. 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. How ever, CITY shall, at all times, comply with CONTRACTOR’s safety requirements on the job site.

15. CARE OF THE WORK AND OFF-S
ITE AUTHORIZATION.

CONTRACTOR, at CONTRACTOR’s sole cost and expense, shall obtain any permission, and all approvals, licenses, or easements necessary for any operations conducted off the premises owned or controlled by CITY. CONTRACTOR shall be responsible for the proper care and protection of all materials delivered to the site or stored off -site and for the Work performed until completion and final inspection and acceptance by CITY. The ATTACHMENT 2
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risk, damage or destruction of materials delivered to the site or to Work performed shall be borne by CONTRACTOR.

16. 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 COUNTY and after CONTRACTOR shall hav e furnished releases of all claims against CITY by persons who furnished labor or materials for the Work, if required by CITY.

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 ATTACHMENT 2
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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).

17. PROMPT PAYMENT OF SUBCONTRACTORS.

The 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.

The CONTRACTOR agrees further to release retainage payments to each subcontractor within thirt y ( 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.

18. CONTRACT SECURITY AND GUARANTEE.

Unless previously provided by CONTRACTOR to CITY, CONTRACTOR shall furnish, concurrently with the execution of this Agreement, the following: (1) a surety bond ATTACHMENT 2
294
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 Treas ury 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 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 standard specifications; provided, however, that CONTRACTOR shall be obligated under this provision only to the extent of those failures or defects of which he is given notice within a period of twelve (12) months from ATTACHMENT 2
295
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.

19. INDEMNIFICATION.

CONTRACTOR agrees to protect, defend, indemnify and hold harmless CITY and its elected and appointed boards, officers, agents, and employees from any and all claims, liabilities, expenses, or damages of any nature, including attorney fees, for injury to or death of any person, and for injury or damage to any property, including consequential damages of any nature resulting therefrom, arising out of or in any way connected with the performance of this Agreement . 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 ATTACHMENT 2
296
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 o f the provisions of the Workers’ Compensation insurance laws and Safety in Employment laws of the State of California, including the applicable provisions of Divisions 4 and 5 of the California Labor Code and 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.

The hold harmless agreements by CONTRACTOR shall apply to all liabilities, expenses, claims, and damages of every kind (including but not limited to attorney fees) incurred or alleged to have been incurred, by reason of the operations of CONTRACTOR or any subcontractor or others performing on behalf of CONTRACTOR, whether or not such insurance policies are applicable. CONTRACTOR shall require any and all tiers of subcontractors to afford the same degree of indemnification to the CITY OF COSTA MESA and its elected and appointed boards, officers, agents, and employees that is ATTACHMENT 2
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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.

20. INSURANCE.

CONTRACTOR shall not commence Wo rk under this Agreement unt il it has obtained all insurance required under this section and CITY has approved the insurance as to form, amount, and carrier, nor shall CONTRACTOR allow any subcontractor to commence any Work until all similar insurance required of the subcontractor has been obtained and approved.

Neither the failure of CONTRACTOR to supply specified insurance policies and coverage, nor the failure of CITY to approve same shall alter or invalidat e the provisions of Paragraph 19 (Indemnification) of this Agreement.
(a) Workers’ C
ompensation Insurance.

CONTRACTOR shall obtain and maintain during the life of this Agreement workers’ compensation insurance and, if any Work is sublet, CONTRACTOR shall require all tiers of subcontractors to obtain workers’ compensation insurance.

All workers’ compensation insurance policies shall provide that the insurance may not be canceled without thirty (30) days’ advance written notice of such cancellation to CITY.

ATTACHMENT 2
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CONTRACTOR agrees to waive , and obtain endorsements from its workers’ comp ensation insurer waiving , subrogation rights under its workers’ compensation insurance policy against the CITY and to require each of its subcontractors, if any, to do likewise under their workers’ compensation insurance policies. (b) Liability Insurance Cov erage.

CONTRACTOR shall obtain and maintain during the life of this Agreement the following insurance coverage:
(i) Commercial General Liability, including coverage for premises-operations, products/completed operations hazard, blanket contractual, broad form property damage, and independent contractors. In addition, CONTRACTOR shall obtain and maintain during the life of this Agreement each of the following insurance coverage which are not stricken out and initialed by the Project Manager: Explosion and collapse hazard, underground hazard, personal injury, and automobile liability, including owned, hired, and non -owned vehicles. All insurance coverage shall have limits of not less than $1,000,000.00 combined single limits, per occurrence and aggregate. (ii) 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 $1,000,000.00 combined single limit s, per occurrence and in the aggregate.

Endorsements to the policies providing the above insurance shall be obtained by CONTRACTOR, adding the following three provisions:
(1) Additional Insured:
“The City of Costa Mesa and its elected and appointed
ATTACHMENT 2
299
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.

21. 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 the Risk Management.

22. LEGAL WORK DAY - PENALTIES FOR VIOLATION.

Eight (8) hours of labor shall constitute a legal day’s work during any one (1) calendar day. CONTRACTOR sh all forfeit to CITY the sum of Twenty -Five D ollars ($25.00) for each workman employed in the execution of this Agreement by CONTRACTOR or by any subcontractor for each calendar day during which such workman is required or permitted to work more than eight (8) hours in any one calendar day and 40 hours in any one calendar week in violation of California Labor Code Sections 1810 through 1815, inclusive.

ATTACHMENT 2
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23. PREVAILING WAGE SCALE.

CONTRACTOR shall comply in all respects with the Davis -Bacon Act (40 U.S.C. section 276a) and with California Labor Code sections 1770 et seq., including the keeping of all records required by the provisions of Labor Code section 1776.

CONTRACTOR shall furnish each week to CITY’s Project Administration Division a statement with respect to the wages of each of its employees during th e preceding weekly payroll period.

24. COMPLIANCE WITH ALL LAWS.

25. DRUG-FR EE WORKPLACE POLICY.

CONTRACTOR shall conform to all t he requirements of CITY’ s Policy No. 100- 5, attached hereto as Attachment 1. Failure to establish a program, notify employees, or inform the CITY of a drug -related workplace conviction will constitute a material breach of contract and cause for immediate termination of the contract by the CITY.

26. NON–DISCRIMINATION.

In performing this Agreement, CONTRACTOR will not engage in, nor permit its ATTACHMENT 2
301
agents to engage in, discrimination in employ ment of persons because of their race, religion, color, national origin, ancestry, physical handicap, medical condition, marital status or sex, or sexual orientation, except as permitted pursuant to Section 12940 of the Government Code. Violation of this provision may result in the imposition of penalties referred to in Section 1735 of the California Labor Code.

27. CONTRACT ASSURANCE.

The CONTRACTOR or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this Agreement. 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 Agreement , which may result in the termination of this Agreement or such other remedy as recipient deems appropriate.

The CONTRACTOR will require that the above provision is included in all subcontracts.

28. 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.

29. NOTICES.

It shall be the duty and responsibility of CONTRAC TOR to notify all tiers of subcontractors and material men of the following special notice provision; namel y, 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 ATTACHMENT 2
302
be addressed as follows:

City of Costa Mesa
77 Fair Drive
Costa Mesa, CA 92626
Attn: ______________

Notices required to be given to CONTRACTOR shall be addressed as follows:
_________________
_________________
_________________
Attn: _____________

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

30. INDEPENDENT CONTRACTOR.

The parties hereto acknowledge and agree that the relationship between CITY and CONTRACTOR is on e 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.

ATTACHMENT 2
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31. P ERS 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.

32. VALIDITY.

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

33. GOVE RNING LAW.

34. NO THIRD PARTY BENEFICIARY RIGHTS.

This Agreement is entered into for the sole benefit of the CITY and CONTRACTOR ATTACHMENT 2
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and no other parties are intended to be direct or incidental beneficiaries of this Agreement and no third party shall have any right in, under or to this Agreement.

35. ASSIG NABILITY.

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

36. WAIVER.

37. HEADINGS.

38. COUNTERPARTS.

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

39. CORPORATE AUTHORITY.

ATTACHMENT 2
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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.

40. 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.

[Signatures appear on following page.]
ATTACHMENT 2
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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

__________________________________ Date: __________________________ Signature

__________________________________
Name and Title

__________________________________
Social Security or Taxpayer ID Number

ATTEST:

__________________________________ Date: __________________________ Brenda Green
City Clerk

APPROVED AS TO FORM:

__________________________________ Date: __________________________ Kimberly Hall Barlow
City Attorney
ATTACHMENT 2
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APPROVED AS TO INSURANCE:

__________________________________ Date: __________________________ Ruth Wang
Risk Management

APPROVED AS TO PURCHASING:

__________________________________ Date: __________________________ Carol Molina
Acting Finance Director

DEPARTMENTAL APPROVAL:

__________________________________ Date: __________________________ Raja Sethuraman
Public Services Director

__________________________________ Date: __________________________ Baltazar Mejia, P.E.

Interim City Engineer

ATTACHMENT 2
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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
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SUBJECT

DRUG-FREE WORKPLACE
POLICY
NUMBER
100-5

EFFECTIVE
DATE
8-8-89
PAGE

2 of 3

1. The dangers of drug abuse in the workplace;

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

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

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

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

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

1. Abide by the terms of the statement; and

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

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

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

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

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

ATTACHMENT 2
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SUBJECT

DRUG-FREE WORKPLACE
POLICY
NUMBER
100-5

EFFECTIVE
DATE
8-8-89
PAGE

3 of 3

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

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

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

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

c. Such number of employees of Contractor and/or sub-grantee have been convicted of violations of criminal drug statutes for violations occurring in the 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
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Bond No. ______
City of Costa Mesa
Form Revised 05-28-2020

LABOR AND MATERIALS PAYMENT BOND

TO ACCOMPANY CONTRACT PUBLIC WORK

WHEREAS, the City of Costa Mesa, State of California, has awarded to __________________________ _____, hereinafter designated as the “Principal”, a contract for the project known as: _______________________________ in the City of Costa Mesa, in strict conformity with the contract on file with the Costa Mesa City Clerk, which is incorporated herein by this reference.

WHEREAS, Principal has executed or is about to execute the contract and the terms thereof and California Civil Code section 9554 require the furnishing of a bond, providing that if Principal or any of Principal’s subcontractors fails to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth.

NOW, THEREFORE, We, the undersigned Principal, and ______________________________________, duly authorized to transact business under the laws of the State of California, as Surety (referred to herein as “Surety”), are held and firmly bound unto the City of Costa Mesa, in the sum of _________________________ Dollars ($__________) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable to the City of Costa Mesa under the terms of the contract, for which payment well and truly to be made, we bind ourselves, our heirs, executors, executors, and administrators, successors and assigns, jointly and severally, firmly by these present.

THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Principal or the Principal’s subcontractors fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorneys’ fees, to be fixed by the Court as required by the provisions of Section 9554 of the California Civil Code.

This bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under Section 9100 of the California Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. And the Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications.

IN WITNESS WHEREOF, this instrument has been duly executed by the above-named Principal and Surety, on the ___________ day of ______________, 20____.

_____________________________ _____________________________ Name of Contractor (Principal) Authorized Signature/Title

_____________________________ _____________________________ Name of Surety Authorized Agent Signature

_____________________________ _____________________________ Address of Surety Print Name and Title

ATTACHMENT 2
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Bond No. ______
City of Costa Mesa
Form Revised 06-28-2020

FAITHFUL PERFORMANCE PAYMENT BOND

TO ACCOMPANY PUBLIC WORKS AGREEMENT
The premium charge on this bond is $___________, being at the rate of $________ per thousand of the contract price.

WHEREAS, the City of Costa Mesa, State of California, has awarded to __________________________, hereinafter designated as the “Principal”, a Public Works Agreement for the project known as:
_______________________________ in the City of Costa Mesa, in strict conformity with the Public Works Agreement on file with the Costa Mesa City Clerk, which is incorporated herein by this reference (the “Agreement”).

WHEREAS, Principal has executed or is about to execute the Agreement and the terms thereof require the furnishing of a bond for the faithful performance of the Agreement.

NOW, THEREFORE, We, the undersigned Principal, and ______________________________________, duly authorized to transact business under the laws of the State of California, as Surety (referred to herein as “Surety”), are held and firmly bound unto the City of Costa Mesa, in the sum of _________________________ Dollars ($__________) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Costa Mesa under the terms of the Agreement, for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these present.

The Surety’s obligations under this Bond are commensurate with the obligations of the Principal under the Agreement. The Surety’s obligations shall include, but are not limited to: (1) the responsibilities of Principal under the Agreement for completion of the Agreement and correction of defective work; (2) the responsibilities of Principal under the Agreement to pay any liquidated damages, and, for damages for which no liquidated damages are specified in the Agreement, actual damages caused by non-performance of the Agreement, including, but not limited to, all valid and proper backcharges, offsets, payments indemnities, or other damages; and (3) additional legal, design professional and delay costs resulting from Principal’s default or failure to act of the Surety.

The condition of this obligation is such that if the Principal or the Principal’s heirs, executors, administrators, successors or assigns, in all things stands to and abides by, and well and truly keeps and performs all of the work, covenants, conditions, and agreements in the Agreement and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and indemnifies, defends, and saves harmless the City of Costa Mesa, its officers, employees, and agents, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.

As part of the obligation secured hereby, and in addition to the face amount specified in this Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys’ fees, incurred by the City in successfully enforcing the obligation.

The Surety, for value received, stipulates and agrees that no change, extension of time, or alterations or additions to the terms of the Agreement or to the work to be performed thereunder, or the specifications accompanying same, shall in any way affect its obligations on this Bond, and it hereby waives notice of any such change, extension of time, or alterations or additions to the Agreement or to the work or to the specifications.

IN WITNESS WHEREOF, this instrument has been duly executed by the above-named Principal and Surety, on the ___________ day of ______________, 20____. _____________________________ _____________________________ Name of Contractor (Principal) Authorized Signature/Title _____________________________ _____________________________ Name of Surety Authorized Agent Signature
_____________________________ _____________________________ Address of Surety Print Name and Title
ATTACHMENT 2
313

INSURANCE REQUIREMENT FOR CITY OF COSTA MESA
CONTRACTOR shall not commence Work under this Agreement until he has obtained all insurance required under this section and CITY has approved the insurance as to form, amount, and carrier, nor shall CONTRACTOR allow any subcontractor to commence any Work until all similar insurance required of the subcontractor has been obtained and approved.

Neither the failure of CONTRACTOR to supply specified insurance policies and coverage, nor the failure of CITY to approve same shall alter or invalidate the provisions of Paragraph 18 of this Agreement.

A. Workers' Compensation Insurance.

CONTRACTOR shall obtain and maintain during the life of this Agreement workers' compensation insurance and, if any Work is sublet, CONTRACTOR shall require all tiers of subcontractors to obtain workers' compensation insurance.

All workers' compensation insurance policies shall provide that the insurance may not be canceled without thirty (30) days' advance written notice of such cancellation to CITY.

CONTRACTOR agrees to waive, and obtain endorsements from its workers’ compensation insurer waiving, subrogation rights under its workers’ compensation insurance policy against the CITY and to require each of its subcontractors, if any, to do likewise under their workers’ compensation insurance policies.

B. Liability Insurance Coverage.

CONTRACTOR shall obtain and maintain during the life of this Agreement the following insurance coverage:
(1) Commercial General Liability, including coverage for premises-operations, products/completed operations hazard, blanket contractual, broad form property damage, and independent contractors. In addition, CONTRACTOR shall obtain and maintain during the life of this Agreement each of the following insurance coverage which are not stricken out and initialed by the Project Manager: Explosion and collapse hazard, underground hazard, personal injury, and automobile liability, including owned, hired, and non-owned vehicles. All insurance coverage shall have limits of not less than $1,000,000.00 combined single limit, per occurrence and aggregate.
(2) Below are approved endorsements which satisfy the basic insurance requirements contained in contracts entered into by City of Costa Mesa. These have been approved by the City Attorney's office. The terms of any specific contract with the City are controlling. Prior to the commencement of any work, the City requires that the Engineer receive Certificates of Insurance in DUPLICATE for liability coverage of at lease $1,000,000 combined single limit, per occurrence and in the aggregate. Endorsements to the policies providing the above insurance shall be obtained by CONTRACTOR, adding the following three provisions:
(i) Additional Insured:

The City of Costa Mesa and their elected and appointed boards, officers, agents, employees, are additional insureds with respect to the subject project and agreement. (ii) Notice:
"Said policy shall not terminate, nor shall it be canceled nor the coverage reduced, until thirty (30) days after written notice is given to CITY " (iii) Other Insurance:
“Any other insurance maintained by the City of Costa Mesa shall be excess and not contributing with the insurance provided by this policy.” If any of such policies provide for a deductible or self-insured retention to provide such coverage, the amount of such deductible or self-insured retention shall be approved in advance by City. No policy of insurance issued as to which the City is an additional insured shall contain a provision which requires that no insured except the named insured can satisfy any such deductible or self-insured retention.

ATTACHMENT 2
314
The ACORD name and logo are registered marks of ACORD

ACORD 25 (2014/01)

AUTHORIZED REPRESENTATIVE

CANCELLATION

DATE (MM/DD/YYYY)

CERTIFICATE OF LIABILITY INSURANCE

LOCJECT

PRO-POLICY
GEN'L AGGREGATE LIMIT APPLIES PER:

OCCURCLAIMS-MADE

COMMERCIAL GENERAL LIABILITY
PREMISES (Ea occurrence) $

DAMAGE TO RENTED
EACH OCCURRENCE $
MED EXP (Any one person) $
PERSONAL & ADV INJURY $
GENERAL AGGREGATE $
PRODUCTS - COMP/OP AGG $
$RETENTIONDED

CLAIMS-MADE
OCCUR
$
AGGREGATE $
EACH OCCURRENCE $UMBRELLA LIAB

EXCESS LIAB
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) INSR

LTR TYPE OF INSURANCE POLICY NUMBER

POLICY EFF
(MM/DD/YYYY)

POLICY EXP
(MM/DD/YYYY) LIMITS
PER

STATUTE
OTH-
ER
E.L. EACH ACCIDENT
E.L. DISEASE - EA EMPLOYEE
E.L. DISEASE - POLICY LIMIT
$
$
$

ANY PROPRIETOR/PARTNER/EXECUTIVE
If yes, describe under
DESCRIPTION OF OPERATIONS below
(Mandatory in NH)
OFFICER/MEMBER EXCLUDED?

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY Y / N

AUTOMOBILE LIABILITY

ANY AUTO

ALL OWNED SCHEDULED

HIRED AUTOS

NON-OWNED

AUTOS AUTOS
AUTOS

COMBINED SINGLE LIMIT
BODILY INJURY (Per person)
BODILY INJURY (Per accident)
PROPERTY DAMAGE $
$
$
$

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

INSD
ADDL
WVD
SUBR
N / A
$
$
(Ea accident)
(Per accident)
OTHER:

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

INSURED
PHONE
(A/C, No, Ext):

PRODUCER
ADDRESS:

E-MAIL
FAX
(A/C, No):

CONTACT
NAME:

NAIC #
INSURER A :

INSURER B :

INSURER C :

INSURER D :

INSURER E :

INSURER F :

INSURER(S) AFFORDING COVERAGE

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

S A M P L E
ATTACHMENT 2
315
POLICY NUMBER: COMMERCIAL GENERAL LIABILITY
CG 20 37 07 04

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED OWNERS, LESSEES OR
CONTRACTORS COMPLETED OPERATIONS

This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

SCHEDULE

Name Of Additional Insured Person(s)
Or Organization(s): Location And Description Of Completed Operations

Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

Section II Who Is An Insured is amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only with
respect to liability for "bodily injury" or "property dam- age" caused, in whole or in part, by "your work" at
the location designated and described in the sched-
ule of this endorsement performed for that additional
insured and included in the "products-completed
operations hazard".

S A M P L E
ATTACHMENT 2
316
POLICY NUMBER: COMMERCIAL GENERAL LIABILITY
CG 20 10 07 04

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED OWNERS, LESSEES OR
CONTRACTORS SCHEDULED PERSON OR

ORGANIZATION

This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

SCHEDULE

Name Of Additional Insured Person(s)
Or Organization(s): Location(s) Of Covered Operations

Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

A. Section II Who Is An Insured is amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only
with respect to liability for "bodily injury", "property damage" or "personal and advertising injury"
caused, in whole or in part, by:

1. Your acts or omissions; or

2. The acts or omissions of those acting on your
behalf;
in the performance of your ongoing operations for
the additional insured(s) at the location(s) desig-
nated above.

B. With respect to the insurance afforded to these
additional insureds, the following additional exclu-
sions apply:

This insurance does not apply to "bodily injury" or
"property damage" occurring after:

1. All work, including materials, parts or equip-
ment furnished in connection with such work,
on the project (other than service, maintenance
or repairs) to be performed by or on behalf of
the additional insured(s) at the location of the
covered operations has been completed; or

2. That portion of "your work" out of which the
injury or damage arises has been put to its in-
tended use by any person or organization other
than another contractor or subcontractor en-
gaged in performing operations for a principal
as a part of the same project.

S A M P L E
ATTACHMENT 2
317
POLICY NUMBER: COMMERCIAL GENERAL LIABILITY
CG 24 04 05 09

WAIVER OF TRANSFER OF RIGHTS OF RECOVERY

AGAINST OTHERS TO US

This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART

SCHEDULE

Name Of Person Or Organization:

Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

The following is added to Paragraph 8. Transfer Of
Rights Of Recovery Against Others To Us of
Section IV – Conditions:

We waive any right of recovery we may have against
the person or organization shown in the Schedule
above because of payments we make for injury or
damage arising out of your ongoing operations or
"your work" done under a contract with that person
or organization and included in the "products-
completed operations hazard". This waiver applies
only to the person or or ganization shown in the
Schedule above.

S A M P L E
ATTACHMENT 2
318
WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06

WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT -

CALIFORNIA
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule.

The additional premium for this endorsement shall be 2% of the California workers' compensation premium otherwise due on such remuneration.

SCHEDULE

PERSON OR ORGANIZATION JOB DESCRIPTION

ANY PERSON OR ORGANIZATION FOR WHOM THE

NAMED INSURED HAS AGREED BY WRITTEN

CONTRACT TO FURNISH THIS WAIVER

BLANKET WAIVER OF SUBROGATION
This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective: ;;/;;/2014 Policy No. (17(5 Endorsement No. 001 Insured: 8SVWUHDP%XLOGHUV
Premium $ INCL.

From the WCIRB's California Workers' Compensation Insurance Forms Manual - 1999. 5 S A M P L E
ATTACHMENT 2
319

ATTACHMENT 2
320

APPLICATION FOR BUSINESS LICENSE

SEND YOUR CHECK MADE PAYABLE TO THE CITY OF COSTA MESA
TREASURY MANAGEMENT DIVISION, PO BOX 1200, COSTA MESA, CA 92628-1200 (714) 754-5234 TDD: (714) 754-5244

Business Name
Parent Company Name
(If Corporate Owned)
Note: Business address will be compared to zoning requirements before approval. Check with the Planning Division regarding the use of the location at (714) 754-5245.

Business Address
(Cannot be a P.O. Box) Street # Street name Unit # City State Zip Mailing Address
(Can be a P.O. Box) Street # Street name Unit # City State Zip Business Telephone # ( ) Business Start Date No. of Employees (on average) Ownership (Check One only)
[ ]Sole Owner [ ]Corporation [ ]Partnership [ ]Husband & Wife Co-ownership [ ]Limited Liability Company [ ]Limited Liability Partnership

Seller’s Permit No. Contractors State No. & Class
(If Applicable) (If Applicable)

Federal Employer ID # or, Owner’s Social Security # Federal Firearms License # (if applicable) OWNER’S OR PRINCIPAL’S NAME(S)
Name
Home Address
City Zip
Telephone # ( ) Title
Drivers License No. Date of Birth
Name
Home Address
City Zip
Telephone # ( ) Title
Drivers License No. Date of Birth

TYPE OF BUSINESS
PLEASE CIRCLE ONE: Wholesale/Retail/Manufacturing/Services/Non-Profit/Administrative Only/Warehouse/ Other Fully Describe Business Operation:

Standard Industrial Class Code (SIC)

Alcohol Beverage Control Permit No. Department of Motor Vehicles Permit # (If Applicable) (Required for automobile/motorcycle sales businesses) Hours of Operation (M-F) (S-SU) Number of Rental Units/Rooms/Spaces (Commercial/Industrial only) (If Applicable)

CHOOSE ONE OF THE APPROPRIATE FEES BELOW

GENERAL BUSINESS
(wholesale, retail, professional, Etc.)

Enter Annual Gross Receipts Amount $_____________________

And Circle the corresponding category below
____Annual Gross Receipts _____ Tax_
$0.00 to 1,000.00 ............................ $0.00
$1,000.01 to 25,000.00 .......................... $25.00 $25,000.01 to 40,000.00 .......................... $35.00 $40,000.01 to 75,000.00 .......................... $45.00 $75,000.01 to 200,000.00 .......................... $60.00 $200,000.01 to 500,000.00 ........................ $100.00 Over $500,000.00 ........................ $200.00

CONTRACTOR
(California Licensed) Total tax due $50.00

TAX EXEMPT ORGANIZATIONS
Attach proof of Tax Exempt Status (required for waiver of tax due)

SHOW, EXHIBITION, SWAP MEET Tax on the Promoter’s Gross Receipts from the Gross Receipts schedule to the left ............................... .................................... Enter the tax due amount here $ PLUS .....................(# of sellers x $5 = $ )
EQUALS .......................................... Total tax due $

ADMINISTRATIVE OFFICES/WAREHOUSES
(Fees based on annual operating expenses when no receipts generated) Enter annual operating expenses amount $
Use Gross Receipts schedule to the left to determine business license tax.

VEHICLE WHEEL, TAXI, TOW TRUCK, BUS

Number of Vehicles:__________ x $25.00 = Total Tax Due $_________

Will you store, handle or use 55 gallons, 500 pounds or 200 cubic feet of h azardous materials per year? Yes _______ No _______ Will you have an assembly room with an occupant load of 50 or more persons? Yes _______ No _______ Will you be installing a spray booth? Yes _______ No _______ Will your business produce dust/wood shavings or other material? Yes _______ No _______ Will you be storing or using flammable or combustible liquids or compressed gases? Yes _______ No _______ Will you be warehousing materials higher than 12 feet? Yes _______ No _______ Fire Department approval required
for any “Yes” answer. Please make an appointment by calling (714) 327-7400.

Your Business License will be issued under the provisions of Municipal Code Section 9-1. You are cautioned that this License do es not permit operation of a business in violation of other Municipal Code Sections. There will be no tax refund if you are found operating illegally after the Certificate has been issued. Your business location will be checked by Planning, Building, and, if necessary, Fire Department officials. If you have any doubt wh ether your business location and/or building may conform with the requirements of the Municipal Code administered by these departments, you are urged to contact th ese departments for further information before filing your application. ** Sales or use tax may apply to your business activities. You may seek written advice regarding the application of tax to your particular business by writing or visiting the nearest State Board of Equalization. ** I declare under penalty of perjury that, to the best of my knowledge and belief, the statements made herein are correct and true and that acceptance of payment does not constitute approval of the Busi ness License. Authorization to conduct business is not granted until issuance of the license.

Authorized
Signature Title Date

FOR CITY OFFICE USE ONLY
Planning Approval Date Approved CUP Required? CUP # Building Approval Date Approved Comments
Fire Department Approval Date Approved

ATTACHMENT 2
321
Form W-9
(Rev. December 2014)
Department of the Treasury
Internal Revenue Service
Request for Taxpayer
Identification Number and Certification
Give Form to the
requester. Do not
send to the IRS.

Print or type
See Specific Instructions on page 2.
1 Name (as shown on your income tax return). Name is required on this line; do not leave this line blank. 2 Business name/disregarded entity name, if different from above 3 Check appropriate box for federal tax classification; check only one of the following seven boxes:

Individual/sole proprietor or
single-member LLC
C Corporation S Corporation Partnership Trust/estate
Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=partnership) ▶ Note. For a single-member LLC that is disregarded, do not check LLC; check the appropriate box in the line above for the tax classification of the single-member owner.

Other (see instructions) ▶
4 Exemptions (codes apply only to
certain entities, not individuals; see
instructions on page 3):

Exempt payee code (if any)
Exemption from FATCA reporting
code (if any)
(Applies to accounts maintained outside the U.S.)
5 Address (number, street, and apt. or suite no.)
6 City, state, and ZIP code
Requester’s name and address (optional)
7 List account number(s) here (optional)
Part I Taxpayer Identification Number (TIN)
Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid backup withholding. For individuals, this is generally your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the Part I instructions on page 3. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN on page 3.

Note. If the account is in more than one name, see the instructions for line 1 and the chart on page 4 for guidelines on whose number to enter.

Social security number
– –
or
Employer identification number
–
Part II Certification
Under penalties of perjury, I certify that:

1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and

2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and

3. I am a U.S. citizen or other U.S. person (defined below); and

4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct.

Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions on page 3.

Sign
Here
Signature of
U.S. person ▶ Date ▶
General Instructions
Section references are to the Internal Revenue Code unless otherwise noted.

Future developments. Information about developments affecting Form W-9 (such as legislation enacted after we release it) is at www.irs.gov/fw9.

Purpose of Form
An individual or entity (Form W-9 requester) who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) which may be your social security number (SSN), individual taxpayer identification number (ITIN), adoption taxpayer identification number (ATIN), or employer identification number (EIN), to report on an information return the amount paid to you, or other amount reportable on an information return. Examples of information returns include, but are not limited to, the following:
• Form 1099-INT (interest earned or paid)
• Form 1099-DIV (dividends, including those from stocks or mutual funds) • Form 1099-MISC (various types of income, prizes, awards, or gross proceeds) • Form 1099-B (stock or mutual fund sales and certain other transactions by brokers)
• Form 1099-S (proceeds from real estate transactions)
• Form 1099-K (merchant card and third party network transactions) • Form 1098 (home mortgage interest), 1098-E (student loan interest), 1098-T (tuition)
• Form 1099-C (canceled debt)
• Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN.

If you do not return Form W-9 to the requester with a TIN, you might be subject to backup withholding. See What is backup withholding? on page 2.

By signing the filled-out form, you:

1. Certify that the TIN you are giving is correct (or you are waiting for a number to be issued),

2. Certify that you are not subject to backup withholding, or

3. Claim exemption from backup withholding if you are a U.S. exempt payee. If applicable, you are also certifying that as a U.S. person, your allocable share of any partnership income from a U.S. trade or business is not subject to the withholding tax on foreign partners' share of effectively connected income, and

4. Certify that FATCA code(s) entered on this form (if any) indicating that you are exempt from the FATCA reporting, is correct. See What is FATCA reporting? on page 2 for further information.

Cat. No. 10231X Form W-9 (Rev. 12-2014)
ATTACHMENT 2
322
Form W-9 (Rev. 12-2014) Page 2
Note. If you are a U.S. person and a requester gives you a form other than Form W-9 to request your TIN, you must use the requester’s form if it is substantially similar to this Form W-9.

Definition of a U.S. person. For federal tax purposes, you are considered a U.S. person if you are:
• An individual who is a U.S. citizen or U.S. resident alien; • A partnership, corporation, company, or association created or organized in the United States or under the laws of the United States;
• An estate (other than a foreign estate); or
• A domestic trust (as defined in Regulations section 301.7701-7).

Special rules for partnerships. Partnerships that conduct a trade or business in the United States are generally required to pay a withholding tax under section 1446 on any foreign partners’ share of effectively connected taxable income from such business. Further, in certain cases where a Form W-9 has not been received, the rules under section 1446 require a partnership to presume that a partner is a foreign person, and pay the section 1446 withholding tax. Therefore, if you are a U.S. person that is a partner in a partnership conducting a trade or business in the United States, provide Form W-9 to the partnership to establish your U.S. status and avoid section 1446 withholding on your share of partnership income.

In the cases below, the following person must give Form W-9 to the partnership for purposes of establishing its U.S. status and avoiding withholding on its allocable share of net income from the partnership conducting a trade or business in the United States:
• In the case of a disregarded entity with a U.S. owner, the U.S. owner of the disregarded entity and not the entity;
• In the case of a grantor trust with a U.S. grantor or other U.S. owner, generally, the U.S. grantor or other U.S. owner of the grantor trust and not the trust; and • In the case of a U.S. trust (other than a grantor trust), the U.S. trust (other than a grantor trust) and not the beneficiaries of the trust.

Foreign person. If you are a foreign person or the U.S. branch of a foreign bank that has elected to be treated as a U.S. person, do not use Form W-9. Instead, use the appropriate Form W-8 or Form 8233 (see Publication 515, Withholding of Tax on Nonresident Aliens and Foreign Entities).

Nonresident alien who becomes a resident alien. Generally, only a nonresident alien individual may use the terms of a tax treaty to reduce or eliminate U.S. tax on certain types of income. However, most tax treaties contain a provision known as a “saving clause.” Exceptions specified in the saving clause may permit an exemption from tax to continue for certain types of income even after the payee has otherwise become a U.S. resident alien for tax purposes.

If you are a U.S. resident alien who is relying on an exception contained in the saving clause of a tax treaty to claim an exemption from U.S. tax on certain types of income, you must attach a statement to Form W-9 that specifies the following five items:

1. The treaty country. Generally, this must be the same treaty under which you claimed exemption from tax as a nonresident alien.

2. The treaty article addressing the income.

3. The article number (or location) in the tax treaty that contains the saving clause and its exceptions.

4. The type and amount of income that qualifies for the exemption from tax.

5. Sufficient facts to justify the exemption from tax under the terms of the treaty article.

Example. Article 20 of the U.S.-China income tax treaty allows an exemption from tax for scholarship income received by a Chinese student temporarily present in the United States. Under U.S. law, this student will become a resident alien for tax purposes if his or her stay in the United States exceeds 5 calendar years.

However, paragraph 2 of the first Protocol to the U.S.-China treaty (dated April 30, 1984) allows the provisions of Article 20 to continue to apply even after the Chinese student becomes a resident alien of the United States. A Chinese student who qualifies for this exception (under paragraph 2 of the first protocol) and is relying on this exception to claim an exemption from tax on his or her scholarship or fellowship income would attach to Form W-9 a statement that includes the information described above to support that exemption.

If you are a nonresident alien or a foreign entity, give the requester the appropriate completed Form W-8 or Form 8233.

Backup Withholding
What is backup withholding? Persons making certain payments to you must under certain conditions withhold and pay to the IRS 28% of such payments. This is called “backup withholding.” Payments that may be subject to backup withholding include interest, tax-exempt interest, dividends, broker and barter exchange transactions, rents, royalties, nonemployee pay, payments made in settlement of payment card and third party network transactions, and certain payments from fishing boat operators. Real estate transactions are not subject to backup withholding.

You will not be subject to backup withholding on payments you receive if you give the requester your correct TIN, make the proper certifications, and report all your taxable interest and dividends on your tax return.

Payments you receive will be subject to backup withholding if:

1. You do not furnish your TIN to the requester,

2. You do not certify your TIN when required (see the Part II instructions on page 3 for details),

3. The IRS tells the requester that you furnished an incorrect TIN,

4. The IRS tells you that you are subject to backup withholding because you did not report all your interest and dividends on your tax return (for reportable interest and dividends only), or

5. You do not certify to the requester that you are not subject to backup withholding under 4 above (for reportable interest and dividend accounts opened after 1983 only).

Certain payees and payments are exempt from backup withholding. See Exempt payee code on page 3 and the separate Instructions for the Requester of Form W-9 for more information.

Also see Special rules for partnerships above.

What is FATCA reporting?
The Foreign Account Tax Compliance Act (FATCA) requires a participating foreign financial institution to report all United States account holders that are specified United States persons. Certain payees are exempt from FATCA reporting. See Exemption from FATCA reporting code on page 3 and the Instructions for the Requester of Form W-9 for more information.

Updating Your Information
You must provide updated information to any person to whom you claimed to be an exempt payee if you are no longer an exempt payee and anticipate receiving reportable payments in the future from this person. For example, you may need to provide updated information if you are a C corporation that elects to be an S corporation, or if you no longer are tax exempt. In addition, you must furnish a new Form W-9 if the name or TIN changes for the account; for example, if the grantor of a grantor trust dies.

Penalties
Failure to furnish TIN. If you fail to furnish your correct TIN to a requester, you are subject to a penalty of $50 for each such failure unless your failure is due to reasonable cause and not to willful neglect.

Civil penalty for false information with respect to withholding. If you make a false statement with no reasonable basis that results in no backup withholding, you are subject to a $500 penalty.

Criminal penalty for falsifying information. Willfully falsifying certifications or affirmations may subject you to criminal penalties including fines and/or imprisonment.

Misuse of TINs. If the requester discloses or uses TINs in violation of federal law, the requester may be subject to civil and criminal penalties.

Specific Instructions
Line 1
You must enter one of the following on this line; do not leave this line blank. The name should match the name on your tax return.

If this Form W-9 is for a joint account, list first, and then circle, the name of the person or entity whose number you entered in Part I of Form W-9. a. Individual. Generally, enter the name shown on your tax return. If you have changed your last name without informing the Social Security Administration (SSA) of the name change, enter your first name, the last name as shown on your social security card, and your new last name.

Note. ITIN applicant: Enter your individual name as it was entered on your Form W-7 application, line 1a. This should also be the same as the name you entered on the Form 1040/1040A/1040EZ you filed with your application. b. Sole proprietor or single-member LLC. Enter your individual name as shown on your 1040/1040A/1040EZ on line 1. You may enter your business, trade, or “doing business as” (DBA) name on line 2.
c. Partnership, LLC that is not a single-member LLC, C Corporation, or S Corporation. Enter the entity's name as shown on the entity's tax return on line 1 and any business, trade, or DBA name on line 2.
d. Other entities. Enter your name as shown on required U.S. federal tax documents on line 1. This name should match the name shown on the charter or other legal document creating the entity. You may enter any business, trade, or DBA name on line 2.
e. Disregarded entity. For U.S. federal tax purposes, an entity that is disregarded as an entity separate from its owner is treated as a “disregarded entity.” See Regulations section 301.7701-2(c)(2)(iii). Enter the owner's name on line 1. The name of the entity entered on line 1 should never be a disregarded entity. The name on line 1 should be the name shown on the income tax return on which the income should be reported. For example, if a foreign LLC that is treated as a disregarded entity for U.S. federal tax purposes has a single owner that is a U.S. person, the U.S. owner's name is required to be provided on line 1. If the direct owner of the entity is also a disregarded entity, enter the first owner that is not disregarded for federal tax purposes. Enter the disregarded entity's name on line 2, “Business name/disregarded entity name.” If the owner of the disregarded entity is a foreign person, the owner must complete an appropriate Form W-8 instead of a Form W-9. This is the case even if the foreign person has a U.S. TIN.

ATTACHMENT 2
323
Form W-9 (Rev. 12-2014) Page 3
Line 2
If you have a business name, trade name, DBA name, or disregarded entity name, you may enter it on line 2.

Line 3
Check the appropriate box in line 3 for the U.S. federal tax classification of the person whose name is entered on line 1. Check only one box in line 3.

Limited Liability Company (LLC). If the name on line 1 is an LLC treated as a partnership for U.S. federal tax purposes, check the “Limited Liability Company” box and enter “P” in the space provided. If the LLC has filed Form 8832 or 2553 to be taxed as a corporation, check the “Limited Liability Company” box and in the space provided enter “C” for C corporation or “S” for S corporation. If it is a single-member LLC that is a disregarded entity, do not check the “Limited Liability Company” box; instead check the first box in line 3 “Individual/sole proprietor or single-member LLC.”
Line 4, Exemptions
If you are exempt from backup withholding and/or FATCA reporting, enter in the appropriate space in line 4 any code(s) that may apply to you.

Exempt payee code.
• Generally, individuals (including sole proprietors) are not exempt from backup withholding.
• Except as provided below, corporations are exempt from backup withholding for certain payments, including interest and dividends. • Corporations are not exempt from backup withholding for payments made in settlement of payment card or third party network transactions. • Corporations are not exempt from backup withholding with respect to attorneys' fees or gross proceeds paid to attorneys, and corporations that provide medical or health care services are not exempt with respect to payments reportable on Form 1099-MISC.

The following codes identify payees that are exempt from backup withholding.

Enter the appropriate code in the space in line 4.
1—An organization exempt from tax under section 501(a), any IRA, or a custodial account under section 403(b)(7) if the account satisfies the requirements of section 401(f)(2)
2—The United States or any of its agencies or instrumentalities 3—A state, the District of Columbia, a U.S. commonwealth or possession, or any of their political subdivisions or instrumentalities 4—A foreign government or any of its political subdivisions, agencies, or instrumentalities
5—A corporation
6—A dealer in securities or commodities required to register in the United States, the District of Columbia, or a U.S. commonwealth or possession 7—A futures commission merchant registered with the Commodity Futures Trading Commission
8—A real estate investment trust
9—An entity registered at all times during the tax year under the Investment Company Act of 1940
10—A common trust fund operated by a bank under section 584(a) 11—A financial institution
12—A middleman known in the investment community as a nominee or custodian
13—A trust exempt from tax under section 664 or described in section 4947 The following chart shows types of payments that may be exempt from backup withholding. The chart applies to the exempt payees listed above, 1 through 13.

IF the payment is for . . . THEN the payment is exempt for . . .

Interest and dividend payments All exempt payees except for 7
Broker transactions Exempt payees 1 through 4 and 6
through 11 and all C corporations. S
corporations must not enter an exempt
payee code because they are exempt
only for sales of noncovered securities
acquired prior to 2012.

Barter exchange transactions and
patronage dividends
Exempt payees 1 through 4
Payments over $600 required to be
reported and direct sales over $5,000
1 Generally, exempt payees
1 through 5
2 Payments made in settlement of
payment card or third party network
transactions
Exempt payees 1 through 4
1 See Form 1099-MISC, Miscellaneous Income, and its instructions. 2 However, the following payments made to a corporation and reportable on Form 1099-MISC are not exempt from backup withholding: medical and health care payments, attorneys' fees, gross proceeds paid to an attorney reportable under section 6045(f), and payments for services paid by a federal executive agency.

Exemption from FATCA reporting code. The following codes identify payees that are exempt from reporting under FATCA. These codes apply to persons submitting this form for accounts maintained outside of the United States by certain foreign financial institutions. Therefore, if you are only submitting this form for an account you hold in the United States, you may leave this field blank.

Consult with the person requesting this form if you are uncertain if the financial institution is subject to these requirements. A requester may indicate that a code is not required by providing you with a Form W-9 with “Not Applicable” (or any similar indication) written or printed on the line for a FATCA exemption code.

A—An organization exempt from tax under section 501(a) or any individual retirement plan as defined in section 7701(a)(37)
B—The United States or any of its agencies or instrumentalities C—A state, the District of Columbia, a U.S. commonwealth or possession, or any of their political subdivisions or instrumentalities D—A corporation the stock of which is regularly traded on one or more established securities markets, as described in Regulations section

1.1472-1(c)(1)(i)
E—A corporation that is a member of the same expanded affiliated group as a corporation described in Regulations section 1.1472-1(c)(1)(i) F—A dealer in securities, commodities, or derivative financial instruments (including notional principal contracts, futures, forwards, and options) that is registered as such under the laws of the United States or any state G—A real estate investment trust
H—A regulated investment company as defined in section 851 or an entity registered at all times during the tax year under the Investment Company Act of 1940
I—A common trust fund as defined in section 584(a)
J—A bank as defined in section 581
K—A broker
L—A trust exempt from tax under section 664 or described in section 4947(a)(1) M—A tax exempt trust under a section 403(b) plan or section 457(g) plan Note. You may wish to consult with the financial institution requesting this form to determine whether the FATCA code and/or exempt payee code should be completed.

Line 5
Enter your address (number, street, and apartment or suite number). This is where the requester of this Form W-9 will mail your information returns.

Line 6
Enter your city, state, and ZIP code.

Part I. Taxpayer Identification Number (TIN)
Enter your TIN in the appropriate box. If you are a resident alien and you do not have and are not eligible to get an SSN, your TIN is your IRS individual taxpayer identification number (ITIN). Enter it in the social security number box. If you do not have an ITIN, see How to get a TIN below.

If you are a sole proprietor and you have an EIN, you may enter either your SSN or EIN. However, the IRS prefers that you use your SSN.

If you are a single-member LLC that is disregarded as an entity separate from its owner (see Limited Liability Company (LLC) on this page), enter the owner’s SSN (or EIN, if the owner has one). Do not enter the disregarded entity’s EIN. If the LLC is classified as a corporation or partnership, enter the entity’s EIN.

Note. See the chart on page 4 for further clarification of name and TIN combinations.

How to get a TIN. If you do not have a TIN, apply for one immediately. To apply for an SSN, get Form SS-5, Application for a Social Security Card, from your local SSA office or get this form online at www.ssa.gov. You may also get this form by calling 1-800-772-1213. Use Form W-7, Application for IRS Individual Taxpayer Identification Number, to apply for an ITIN, or Form SS-4, Application for Employer Identification Number, to apply for an EIN. You can apply for an EIN online by accessing the IRS website at www.irs.gov/businesses and clicking on Employer Identification Number (EIN) under Starting a Business. You can get Forms W-7 and SS-4 from the IRS by visiting IRS.gov or by calling 1-800-TAX-FORM (1-800-829-3676).

If you are asked to complete Form W-9 but do not have a TIN, apply for a TIN and write “Applied For” in the space for the TIN, sign and date the form, and give it to the requester. For interest and dividend payments, and certain payments made with respect to readily tradable instruments, generally you will have 60 days to get a TIN and give it to the requester before you are subject to backup withholding on payments. The 60-day rule does not apply to other types of payments. You will be subject to backup withholding on all such payments until you provide your TIN to the requester.

Note. Entering “Applied For” means that you have already applied for a TIN or that you intend to apply for one soon.

Caution: A disregarded U.S. entity that has a foreign owner must use the appropriate Form W-8.

ATTACHMENT 2
324
Form W-9 (Rev. 12-2014) Page 4
Part II. Certification
To establish to the withholding agent that you are a U.S. person, or resident alien, sign Form W-9. You may be requested to sign by the withholding agent even if items 1, 4, or 5 below indicate otherwise.

For a joint account, only the person whose TIN is shown in Part I should sign (when required). In the case of a disregarded entity, the person identified on line 1 must sign. Exempt payees, see
Exempt payee code earlier.

Signature requirements. Complete the certification as indicated in items 1 through 5 below.

1. Interest, dividend, and barter exchange accounts opened before 1984 and broker accounts considered active during 1983. You must give your correct TIN, but you do not have to sign the certification.

2. Interest, dividend, broker, and barter exchange accounts opened after 1983 and broker accounts considered inactive during 1983. You must sign the certification or backup withholding will apply. If you are subject to backup withholding and you are merely providing your correct TIN to the requester, you must cross out item 2 in the certification before signing the form.

3. Real estate transactions. You must sign the certification. You may cross out item 2 of the certification.

4. Other payments. You must give your correct TIN, but you do not have to sign the certification unless you have been notified that you have previously given an incorrect TIN. “Other payments” include payments made in the course of the requester’s trade or business for rents, royalties, goods (other than bills for merchandise), medical and health care services (including payments to corporations), payments to a nonemployee for services, payments made in settlement of payment card and third party network transactions, payments to certain fishing boat crew members and fishermen, and gross proceeds paid to attorneys (including payments to corporations).

5. Mortgage interest paid by you, acquisition or abandonment of secured property, cancellation of debt, qualified tuition program payments (under section 529), IRA, Coverdell ESA, Archer MSA or HSA contributions or distributions, and pension distributions. You must give your correct TIN, but you do not have to sign the certification.

What Name and Number To Give the Requester
For this type of account: Give name and SSN of:

1. Individual The individual

2. Two or more individuals (joint
account)
The actual owner of the account or,
if combined funds, the first
individual on the account
1 3. Custodian account of a minor
(Uniform Gift to Minors Act)
The minor
2 4. a. The usual revocable savings
trust (grantor is also trustee)
b. So-called trust account that is
not a legal or valid trust under
state law
The grantor-trustee
1 The actual owner
1 5. Sole proprietorship or disregarded
entity owned by an individual
The owner
3 6. Grantor trust filing under Optional
Form 1099 Filing Method 1 (see
Regulations section 1.671-4(b)(2)(i)
(A))
The grantor*
For this type of account: Give name and EIN of:

7. Disregarded entity not owned by an
individual
The owner

8. A valid trust, estate, or pension trust Legal entity 4 9. Corporation or LLC electing
corporate status on Form 8832 or
Form 2553
The corporation

10. Association, club, religious,
charitable, educational, or other tax-
exempt organization
The organization

11. Partnership or multi-member LLC The partnership

12. A broker or registered nominee The broker or nominee

13. Account with the Department of
Agriculture in the name of a public
entity (such as a state or local
government, school district, or
prison) that receives agricultural
program payments
The public entity

14. Grantor trust filing under the Form
1041 Filing Method or the Optional
Form 1099 Filing Method 2 (see
Regulations section 1.671-4(b)(2)(i)
(B))
The trust
1 List first and circle the name of the person whose number you furnish. If only one person on a joint account has an SSN, that person’s number must be furnished. 2 Circle the minor’s name and furnish the minor’s SSN.
3 You must show your individual name and you may also enter your business or DBA name on the “Business name/disregarded entity” name line. You may use either your SSN or EIN (if you have one), but the IRS encourages you to use your SSN.
4 List first and circle the name of the trust, estate, or pension trust. (Do not furnish the TIN of the personal representative or trustee unless the legal entity itself is not designated in the account title.) Also see Special rules for partnerships on page 2. *Note. Grantor also must provide a Form W-9 to trustee of trust.

Note. If no name is circled when more than one name is listed, the number will be considered to be that of the first name listed.

Secure Your Tax Records from Identity Theft
Identity theft occurs when someone uses your personal information such as your name, SSN, or other identifying information, without your permission, to commit fraud or other crimes. An identity thief may use your SSN to get a job or may file a tax return using your SSN to receive a refund.

To reduce your risk:
• Protect your SSN,
• Ensure your employer is protecting your SSN, and
• Be careful when choosing a tax preparer.

If your tax records are affected by identity theft and you receive a notice from the IRS, respond right away to the name and phone number printed on the IRS notice or letter.

If your tax records are not currently affected by identity theft but you think you are at risk due to a lost or stolen purse or wallet, questionable credit card activity or credit report, contact the IRS Identity Theft Hotline at 1-800-908-4490 or submit Form 14039.

For more information, see Publication 4535, Identity Theft Prevention and Victim Assistance.

Victims of identity theft who are experiencing economic harm or a system problem, or are seeking help in resolving tax problems that have not been resolved through normal channels, may be eligible for Taxpayer Advocate Service (TAS) assistance. You can reach TAS by calling the TAS toll-free case intake line at 1-877-777-4778 or TTY/TDD 1-800-829-4059.

Protect yourself from suspicious emails or phishing schemes. Phishing is the creation and use of email and websites designed to mimic legitimate business emails and websites. The most common act is sending an email to a user falsely claiming to be an established legitimate enterprise in an attempt to scam the user into surrendering private information that will be used for identity theft.

The IRS does not initiate contacts with taxpayers via emails. Also, the IRS does not request personal detailed information through email or ask taxpayers for the PIN numbers, passwords, or similar secret access information for their credit card, bank, or other financial accounts.

If you receive an unsolicited email claiming to be from the IRS, forward this message to [email protected]. You may also report misuse of the IRS name, logo, or other IRS property to the Treasury Inspector General for Tax Administration (TIGTA) at 1-800-366-4484. You can forward suspicious emails to the Federal Trade Commission at: [email protected] or contact them at www.ftc.gov/idtheft or 1-877-IDTHEFT (1-877-438-4338).

Visit IRS.gov to learn more about identity theft and how to reduce your risk.

Privacy Act Notice
Section 6109 of the Internal Revenue Code requires you to provide your correct TIN to persons (including federal agencies) who are required to file information returns with the IRS to report interest, dividends, or certain other income paid to you; mortgage interest you paid; the acquisition or abandonment of secured property; the cancellation of debt; or contributions you made to an IRA, Archer MSA, or HSA. The person collecting this form uses the information on the form to file information returns with the IRS, reporting the above information. Routine uses of this information include giving it to the Department of Justice for civil and criminal litigation and to cities, states, the District of Columbia, and U.S. commonwealths and possessions for use in administering their laws. The information also may be disclosed to other countries under a treaty, to federal and state agencies to enforce civil and criminal laws, or to federal law enforcement and intelligence agencies to combat terrorism. You must provide your TIN whether or not you are required to file a tax return. Under section 3406, payers must generally withhold a percentage of taxable interest, dividend, and certain other payments to a payee who does not give a TIN to the payer. Certain penalties may also apply for providing false or fraudulent information.

ATTACHMENT 2
325

SECTION “G”

APPENDIX “A”

PROJECT LOCATION MAP

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A=27 ft2 A=14 ft 2
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r)
2018 STAND/I
,), 4.1 '1 n
-.0 1
)
..
i

WORD MARKINGS
14 Ar
Il
'1.4 ITEM ft 2 ITEM ft 2
--1- \
LANE 24 NO
Ni 0 -
kJ
POOL 23 BIKE 2
!i
,
CAR 7 BUS 20
A) 0 U W .......,; 7 CLEAR 27 ONLY 22
4'
7 7 4 -I -- . ,.]
4'
_ KEEP 24 FWY 16 33
"1 H ., ,.1' 1..,_ H H
A=16 ft 2 A=17 ft 2

ID PLAN
A=23 ft 2 A=24 ft2 A=20 ft 2
NOTES:

1. if.e. a, ir7 ess.cr est cocnosricr msusoic rieor neeat rheasnt one word, must read "UP", l'-0" WHITE LINE
7 2. The space between words must be at least Your times the height ) 2. nt ''.
of the characters for low speed roads, but not more than ten times the height of the characters. The space may be reduced
appropriately where there is limited space because of local conditions.

NI
•ik

3. Minor variations in dimensions may be accepted by the Engineer. m

LIMIT LINE (STOP LINE)

4. Portions of a letter, number or symbol may be separated by connecting segments not to exceed 2" in width. v

5. The words "NO PARKING" pavement marking is to be used for parking faci l ities. For typical locations of markings, see Standard Plans USDA and A90B.
1 0" 6. The words "NO PARKING", shal l be painted in white letters no less than I 1'-0" high on a contrasting background and located so that it is 7 visible to traffic enforcement officials.

WHITE SERIES OF
7 7 7 7 7 7

ISOSCELES TRIANGLES
,
1/2
A=2 ft 2

STATE OF CALIFORNIA

DEPARTMENT OF TRANSPORTATION
See Notes 6 and 7 YIELD LINE PAVEMENT MARKINGS

WORDS, LIMIT AND YIELD LINES

NO SCALE
A24E
1 21- S
$(/0-+"/,"%&'*(",)"#,+/(+/.

ATTACHMENT 2
332
Diet ...,,,, ,,,,,,,-. ,oTTALH, "g: SHEETS
1'-0" TO 5'-0"
REGISTERED C-7-18,717EZNEEP
fa Ferouz
. 4R,
Ati
...L .

May 31, 201 8 '-' CB0402
.-.

PLANS APPROVAL DATE
THE STATE OF CAL/FORMA OR .1, ONAIOENS
OR ACE NIS SNALL Nor BE RESPOUSIBLE ft99
TNE AOLLNACT 09
NJ

0. - SOANVED
CONES OF MS PLAN shirr.
. 3-31-19
LIVIL
c R.

O
2018 STANDARD PLAN A24F
CONTINENTAL 1'-o" TO 2'-0" See Note 1 NOTES:

I. Spaces between markings must be placed in wheel tracks ,,, each
'?
,1-

2. Spacings not to exceed 2.5 times width of longitudinal line.

3. Al l cro markings ar ykeirlIgosw.must be white except those near 2 -0" h
must
sswa11
schools
,,-
4 TRIPLE FOUR
Min
2'-0"
'-0' TO 2'-0" See No-he 1
DJ
t 1'-0" TO 5'-0" SEE NOTE 2 1NJ TO
?
io
Ic BASIC
1 -0" TO V - 0" —.1 1-- 1'-0" TO 2'-0"
LADDER
1'-0" TO 5'-0" SEE NOTE 2

DIAGONAL
1'-0" TO 2'-0"

HIGHER VISIBILITY CROSSWALKS

STATE OF CALIFORNIA

DEPARTMENT OF TRANSPORTATION

PAVEMENT MARKINGS

CROSSWALKS

NO SCALE
A24F
$(/0-+"/,"%&'*(",)"#,+/(+/.

ATTACHMENT 2
333

01.-' COUNTY ROUTE TCarPNLEL SHEETNSTE&
CENTERLINES LANELINES (Cont) NO PASSING ZONES-TWO DIRECTION (2 LANE HIGHWAYS) (MULTILANE HIGHWAYS)
25:1 — -7-'---.DETAIL 1 DETAIL 12 48'-0"
7'-0" 17'-0" 7'-0"
1 17'-0" 7'-0" 12'-0" 18 (-0" a „, 18,-.,,
DETAIL 21
'''' ]=
. .,,„,, REGIS RED CIVIL ENGINEER
1' I I 1 H , ,
ex•fx ••••: El I I El
A 1 a Fe OU
May 31, 201 8 (,', C80402
LOL — - — — PLANS APPROVAL DATE
' 3 3 9 1=:>-
====>
DETAIL 2 48 -0'
THE STATE OF CALIFORNIA OR ITS OFFICERS p
OR ACF_AOS SHALL NO7 BE RESVISIBLE FOR TYE YOR COARVESSIESS OR SCAAAEO COPIES OF INS PLAN SHEET. C ....8 -6" 7 17'-0" 7'-0" 8 6' ,.

DETAIL 12A
SEE NOTE 24'-o" 24'-o" , 18 •_0" 12'- 0" 18 , _0" DETAIL 22 :x :" *A)"
H.. ,,,,,. 1-. ,..., -,,,I
1=:> _ 4_
—
2018 STAND
DETAIL 3 DELETED , %=="
DETAIL 13 DETAIL 13 DELETED
Nl
DETAIL 14 DELETED DCTAIL 14
DCTAIL 23 DETAIL 23 DELETED
DETAIL DETAIL 4 DELETED DCTAIL 14A 4 DETAIL 14A DELETED LEGEND

MARKERS
Lt1 TYPE C RED-CLEAR RETROREFLECTIVE

NO PASSING ZONES-ONE DIRECTION TYPE D TWO-WAY YELLOW RETROREFLECTIVE DETAIL 5 TYPE GONE -WAY CLEAR RETROREFLECTIVE
12'-0" + 36 (-0" 2 -0" DETAIL 15 .1 +
:. C.....C.:44:e 7'- CV' 1 TYPE H ONE-WAY YELLOW RETROREFLECTIVE 0" 17'-0" 7' - 0" 7 ]7'-0" [ _ I -I I
.. ......:
,I
NVN_ _L

LOL --------------- -------
DETAIL 6 48(-0 "
i rq LINES
ARD PLAN A20A
_.. 17772> _ NJ -< 18'-o" 12'-0" 18'-0" 6" WHITE
..........4 "4 0 DETAIL 16 48'- 0" 6" YELLOW
......X.
®
.......X. Niv:

LOL — DETAIL 7 DETAIL 7 DELETED f `-,`.
7N 37/ 8"-41 /4 " -,*. 3 TA "- 41 / 4 " \'!
,=:=>
LANELINES DCTAIL 17 DETAIL 17 DELETED
(MULTILANE HIGHWAYS)
DETAIL 8
17 (-0" DETAIL 18
-
, /
r7'-o" i [7'-0" 1
1 H
I I I I I I _,=== , 12'-0" 12 (-0" ,:',. ,,,,, ] 1 /
LOL
}= i TYPE C AND TYPE D TYPE G AND TYPE H DETAIL 9 48'-0" ==>- ...8(-6" 17 (-0" 1.. 17 (-0" 7'-0" 8'-6' ..' DETAIL 19 RETROREFLECTIVE FACE 18 , _0" 18,_0' 12 , _0" _ El I I i -<= I-. + + + H., H . ........... .......... C +
DETAIL 9A 1
4 8'- 0"
_t ,,,1
SEE NOTE ,===>
r.::%-
-. 8'-6" N
STATE OF CALIFORNIA EP 1 ® DEPARTMENT OF TRANSPORTATION DETAIL 20 DETAIL 20 DELETED PAVEMENT MARKERS DETAIL 10 10 DETAIL 10 DELETED NOTE: AND TRAFFIC LINES DETAIL 11 FOR FREEWAY APPLICATION ONLY 12'-0" TYPICAL DETAILS 1 1
I I I NO SCALE =>- A20A
$(/0-+"/,"%&'*(",)"#,+/(+/.

ATTACHMENT 2
334
LEGEND LINES DreT COUNTY ROUTE TOITTALUT WI SHEETS
LEFT EDGELINES MEDIAN ISLANDS MARKERS 6 " WHITE
(DIVIDED HIGHWAYS) • TYPE D TWO - WAY 6 " YELLOW
DETAIL 24 DETAIL 28 0 ,o, YELLOW
MAYNNAllft +: :0: :. RETROREFLECTIVE

REDS RED CIVIL ENGINEER
t A 1 o e ou
==:-> ............................................. TYPE H ONE - WAY May 31, 18 20 DA . C80402

EDGE OF TRAVELED WAY
— f-

PLANS APPROVAL DATE
PRO
YELLOW
:,:t t: 3 tXt tXt tX a

RETROREELECTIVE
LOL— - — - — - — - — - — - — - — -
is TYPE RY RED - YELLOW INTERSECTION
3 3 9
THE STATE OF CALIFORNIA OR ITS OFFICERS CAVIL #

OR AGENTS SHALL NOT BE RESPONSIBLE FOR
TILE ACCURACY OR COARRETEIESS OE" SLAWS
COPIES Cr MRS PLAN SHEET c
DETAIL 25 :•:•:•:•:•:•:•:•:•:•:•:•:•:•:•:•:•:•:•:•:•:•:•:•:•:•:•:•:•:•:•:•:•:•:•:•:•:•:•:•:•:•:•:•:•:• LI RETROREFLECTIVE ::::::::::.......,:::::::::::,:: A . •:•:•:•:+:•:•:•:•:•:•:•:+:•:•:•:•:•:•:•:•:•:+:•:•:•:•:•:•:•:+:•:•:•:•:•:•:•:•:•:•:‘ — f- TREATMENTS 'SEDGE OF TRAVELED WAY b
R
,z,
100'-0" Min
c, j DETAIL 34 100 '- o " Min 24 '- 0 " ..,/,‘ 24 '- 0 " ./.. 24'- 0 " 'El
- _...,
H %2' - 0" 18 '- 0 " 18 '- 0 " 18 '- 0 " I E E E '‘i_

112 '- 0 " ,
1=3 EMEZ El
-4 L LOL DETAIL 25A ,i_ DETAIL 29 H 24 '- 0 " 1 24 '- 0 " ..i LoL c,., : ' =,,,f 1 a El El
PO
18 '- 0 " 12 '- 01 18 ' - OH 18 , _0" 412'-0:4 ' 7 1
E,,2> ,,=]=
-fl 1=,,: „.
1 2 4'- 0" 24 , _0' 24 '- 0"#L f
24 '- 0 ' 24'- 0" c' I I... p.I... p.1 DETAIL 34A 1-1 1 100 ,- 0 ' Min '\'.. \ --EDGE OF TRAVELED WAY LOL— - — - — - — - — - — - — - — -___1— [12'-0" Il2'-0'2 1
DETAIL 26
-7i_ LOL '-' 7.,t - f — • LOL
EDGE OF TRAVELED WAYL -,,T '' o E22=21
m
_,,,,,,.._---- _
11 =,- --v 100'-0'' Min .,f_.1 p 2'- 04. 36'- 0" p.lj 2'- 0' 0 ,=>=, o
IE Th ,
z
w 100'-0" Min mi
I-. . -I
fN, DETAIL 35
o ce 24 '- 0
=cIJ
B STANC s '- 6 "- -:8'6'" - - —
w
-I-
z E El 1 I
DETAIL 27 ' i • :::: El • ,
7 DETAIL 30
;;;;;;;;;;:sssssssszszsR;;;;;;;;;;;;:sszs*:::::::::::::::::::::sssssszs• f 4 - DETAIL 30 DELETED LOL _;
Mg$MMI$AgMeAkMMIMAMAk wl • •
- LOL
1 _LT ,M4ft4444040000**X444444000**X44:4444X4g ••• ,
4 Ti .,,,,t
_ a a
24'- 0" 24'- 0" 6
7LO"' -'"' .- -"' 1-'- 8'6"
'''."-- EDGE OF TRAVELED WAY ====> I. ...
1 00'- 0" Min
[ 7 1-17
48 '- 0 "
IARD PLAN A20B
_A. DETAIL 35A 1 7'-C)'' 100 '- 0 " Min
CA
.
i
. • • •
L0L— - — -7 — ---- - — - WRMNRWMNRWRMNREMRWAMMUk*W.
— - — — - LOL
•
T
RIGHT EDGELINES TWO—WAY LEFT TURN LANES ,:' 00 '- 0 " Min 17-0 1••
DETAIL 31
DETAIL 27A DETAIL 27A DELETED MARKER DETAILS
'- •:. -- r . r
o<
2_ ° 6_'-',L ,, 37/3'.-41/4" 37/8..-41/4'. ..-..,2LoL_ _ H..,12 _ _ 3± ' °" _ _ _ _ _ _ ..i_ _ _ _ _ DETAIL 27B
:_,
,*.
... • .. . • i , ,-- 7
-4 —7 t i
EDGE OF TRAVELED WAY —t-
96 .- DETAIL 32 H
RIGHT EDGELINE EXTENSION THROUGH , I 24'-0" [ 24'-0' [ 24'-0" ] =
] ] - ,_.
'-±:.'
INTERSECTIONS i --6 TYPE RY TYPE H ..... :. :: :: :: ::: ::: } DETAIL 27C 18'-0"
4 b

4. 18 '- 0 " _„. 12 '- 0 "...1 ,42-(4 36 0 2 AND TYPE D ,= ==- LOL-- ..1,1. 0';+ _ ,1 •••.... • •• ••• • :: •• • • ';_.' i '' ' t' --
= = = RETROREFLECTIVE FACE
a: !: taa:1 !:!: taaa*: **aka:I:fa:* !:!: a,aa•M,a, X !aaa,aa, ,,,;:•,. :* 4 tr,,,„1,-0"..1 I 1 2 '- 0" I I 1 2'- 0" I I 12'0%1 1.. 0" 96'-0'' ..-1

STATE OF CALIFORNIA

DEPARTMENT OF TRANSPORTATION
DETAIL 33 DETAIL 33 DELETED

PAVEMENT MARKERS AND

TRAFFIC LINES TYPICAL DETAILS

NO SCALE
A20B
$(/0-+"/,"%&'*(",)"#,+/(+/.

ATTACHMENT 2
335
. I.-' COUNTY ROUTE ,-.77TALUT SHEETN..sTH1TEA4

EXIT RAMP NEUTRAL AREA (GORE) TREATMENT
DETAIL 36 '26 1
1==>-
24'-0"

EDGE OF TRAVELED WAY (MAINLINE)
EER eae ro, REGIS RED CIVIL ENGIN
A v Fe OU o
May 31, 201 8 ' C80402

M PLANS APPROVAL DATE
,,
3 3 9

WHITE LINE

THE STATE OF GALIFORVIA OR IIS OFFICERS
OR AGENTS SHALL NOT BE RESPONSIBLE FOR 6"
SEE DETAIL 27B
Std PLAN A208
THE ASSMSALT OR COLPLETELESS OF SCAM.

COPIES OF TITS PLAN SHEET. ,
14 EN z„
r= -
SEE DETAIL 25A LANE DROP AT EXIT RAMPS
2018 STANDARD PLAN A20C
Std PLAN A208
Es

EDGE OF TRAVELED WAY (RAMP)
DETAIL 37
LS
6" YELLOW LINE 30'-0"
REPEAT AT / 20 MILE INTERVALS
30'-0" 30'-0" 30'-0"
__...
6•-a"
SEE DETAIL 36
3'-0"

ENTRANCE RAMP NEUTRAL AREA (MERGE) TREATMENT
_,'- fLt. \ 3c ,,v-cc i
LIJ OJ
= [1 = = [1 = I= [1 = [I I= = E I=
DETAIL 36A
6" WHITE LINE 8 WHITE LINE EDGE OF TRAVELED

6. 14
WAY (MAINLINE) 3-0
-.6. '' '' 8" WHITE LINE
SEE DETAIL 38B
Std PLAN A2OD
* The line be
SEE DETAIL 27B
Std PLAN A208 0
sol id channelizing shown may omitted on
short auxil iary lanes where weaving length is critical . 6" WHITE LINE
18 SEE
e" WHITE LINE
6" YELLOW LINE
2 6
,K
,-,
DETAILS 25A
EDGE
DCTAIL 37A DETAIL 37A DELETED
SEE DETAIL 8 OR 9A
Std PLAN A20A

OF TRAVELED WAY (RAMP)

LANE DROP AT INTERSECTIONS
Std PLAN A208
DETAIL 37B 3'-0" ENTRANCE RAMP NEUTRAL AREA (ACCELERATION LANE) TREATMENT M'-0" M' -O" M'-0" M'-0"
DETAIL 36B
6" WHITE LINE 8" WHITE LINE EDGE OF TRAVELED WAY (MAINLINE) =El= =1= = a = 88_,= a = = I =
L..6'6'
3 SEE DETAIL 2
61 7B
Std PLAN 420
)48 8' WHITE LINE
DETAIL 37C
8" WHITE LINE SEE DETAIL 38
Std PLAN A2OD
THROUGH TRAFFIC ,--'8----
8" WHITE LINE
6" YELLOW LINE 818
24'6' EDGE OF
DETAIL 37C DELETED
TRAVELED WAY (RAMP) MARKER DETAILS °
,
,,-1
W. N W
SEE DETAIL 25A
W .
,..3%8"-41/4 " ..37/8"-41/4 "
1 ,,,,8
Std PLAN A208
— t- (
\__ t,
LEGEND: , , STATE OF CALIFORNIA

DEPARTMENT OF TRANSPORTATION
MARKERS 74-
PAVEMENT MARKERS Ill;[ TYPE C RED-CLEAR RETROREFLECTIVE A. '-' AND TRAFFIC LINES
® TYPE G ONE-WAY CLEAR RETROREFLECTIVE

TYPE C AND TYPE G TYPICAL DETAILS

TYPE RY RED-YELLOW RETROREFLECTIVE TYPE RY NO SCALE
RETROREFLECTIVE FACE A20C
$(/0-+"/,"%&'*(",)"#,+/(+/.

ATTACHMENT 2
336
01 DETAIL 38

CHANNELIZING LINE
8" WHITE LINE
I ry
3 3 3
24'-0" 24'-0"

THROUGH TRAFFIC
DETAIL 38A 8" WHITE LINE
I
DETAIL 38B 8" WHITE LINE
H9
DETAIL 38C
DETAIL 39
24'-O" 2,V-0"
DETAIL 38C DELETED

BIKE LANE LINE
6" WHITE LINE

INTERSECTION LINE

BIKE LANE
DETAIL 39A
DETAIL 40
DETAIL 41
EZ
N
1 1
4(-0 ---6" WHITE LINE
2W-0"
7t:

LEGEND

MARKERS

TYPE C RED-CLEAR RETROREFLECTIVE

TYPE G ONE-WAY CLEAR RETROREFLECTIVE
6" YELLOW LINE

MARKER DETAILS
37/."-4ye
TYPE C
3%'-4/6'7_
TYPE G

RETROREFLECTIVE FACE

FINISHED

FINISHED ROADWAY SURFACE

ROADWAY SURFACE
6" TO 8"
0 TO 1A6"

THERMOPLASTIC MATERIAL

DETAIL FOR RECESSED

THERMOPLASTIC TRAFFIC STRIPE
See Notes A and B.

RECESSED THERMOPLASTIC NOTES
.,_INTERSECTION A. See typical traffic line details for -1- pavement marking patterns.

B.The top of the thermoplastic installed
in recessed pavement shal l be 0 to 1 / 46"
below the pavement surface.

LANE LINE EXTENSIONS

THROUGH INTERSECTIONS
DETAIL 40A
"
6" WHITE LINE

CENTER LINE EXTENSIONS

THROUGH INTERSECTIONS
6" YELLOW LINE
nm
DETA-1-L 9-1-A
DETAIL 40A DELETED
DETAIL 41A DELETED

RETROREFLECTIVE PAVEMENT

MARKER AT EITHER
END OF RECESS FO TO 3/6", SEE NOTE 3

SECTION A-A

RETROREFLECTIVE PAVEMENT

MARKER AT EITHER

END OF RECESS
— — — — — b
Min Min Min
PLAN
Two-way traffic
(Type 2)
Dts-h COUNTY ROUTE HoTTALEL
SHEET
No. SHEE'4S

REGISTERED CIVIL ENGINEER
May 31, 2018

PLANS APPROVAL DATE

THE STATE OF CALIFORNIA OR ITS OFFICERS

OR AGENTS SHALL NOT BE RESPOTBIBLE FOR

THE ACCURACY OR COLOALETEAFESOF SCAMFO

COPIES OF THIS PLAN SHEE,
43,
A 1 Fe OU
C60402
3 3 9

RETROREFLECTIVE PAVEMENT

MARKER AT DOWNSTREAM

END OF RECESS

SECTION B-B
F-0 TO Y16", SEE NOTE 3
4 RETROREFLECTIVE PAVEMENT

MARKER AT DOWNSTREAM

END OF RECESS
Min
PLAN
Min
One-way traffic
(Type 1)

RECESS DETAIL FOR

RETROREFLECTIVE PAVEMENT MARKER
49/6 4Y6
(((m
'////

RETROREFLECTIVE FACE
//////////
/(///(/////i
4Y."-4%"
!///1/1/1/

TYPE C AND TYPE D TYPE G AND TYPE H
See Notes 1 and 2.

RETROREFLECTIVE PAVEMENT MARKER

FOR RECESSED INSTALLATION
RECESSED MARKER NOTES:

1.See typical traffic line
details for marker patterns
to be used with recessed
pavement markers. Detail 14A
requires a Type 2 recess.

2.The retroreflective
pavement markers shown
for recessed installations
are not to be used for
non-recessed installations.

3.The top of pavement
markers installed in recesses
shal l be 0 to 'A6" below the
pavement surface.

STATE OF CALIFORNIA

DEPARTMENT OF TRANSPORTATION

PAVEMENT MARKERS

AND TRAFFIC LINES

TYPICAL DETAILS

NO SCALE
A2OD
$(/0-+"/,"%&'*(",)"#,+/(+/.

ATTACHMENT 2
337
'''.-' C. "" R. '

POST MILES

TOTAL PROJECT
SHEET
No.

TOTAL
SHEETS
Gutter not shown 6" Min HIGH RETAINING CURB , RETAINING CURB IF 0.45" Min AND 0.47" Max , ,.._ IF NECESSARY AT 6" Min HIGH 2 NECESSARY AT EDGE TOP Di ' '-- '/ 1g RETAINING CURB- _1,,
5,g "
EDGE OF SIDEWALK RETAINING CURB ,,. OF SIDEWALK \
'''''-'.
_
! io„,_, 0.9" Min AND 0.92" Max 12 CA.,..,T-li SIDEWALK I ;, A I Min BASE Dia H of
. , o, REGISTERED CIVIL GINEER
> =
' '
7 45, .;.5% Max.. 7 57 5ebe a y.
7t SEE NOTE 10 Max ,j Max } L n8a5 '
17 ' SIDEWALK 1.5A Max May 31, 2018 2 C445
x
SIDEWALK RAISED TRUNCATED DOME PLANS APPROVAL DATE 12-31-19 FRONT

EDGE OF
",
- 1
a _ .
r' \
7 . 5% goz
Max
e
8088°c'
8O8 8 mnsaa
1, 21§ 8Ha

7.5%
Max ,
,-, X° 0 0 0
TNE srArE OF GA,Fainv ar Irs OFFICERS

OR AGENTS SNALL NOT BE RESPONSIBLE FOR
THE ..rawci OR GOWLETELESS OF SLAVES
SIDEWALK- 1 ,,. asrpamss,.. „. GORIES OF TINS PLAN SHEET. C FigS2E Eie 2.3'' Min AND 2.4" Max 0 0 0
38,52557,
58:i9.0% r
78°
4''lig
.828.
2282882
.000..
gg,,:o3 ,..,_
mag°86§817 TO CENTER
0 0 0
Max 88o iMi7; x an - '----CURB TO MATCH AT CURB X5555 3828823 55555£AT 828828 1E1 .4 (-FETE1TOF CENTER

SIDEWALK

FRONT EDGE RAISED TRUNCATED DOME PATTERN (IN -LINE)

OF SIDEWALK RAMP SLOPE
1 . 12883 i
SEE NOTE 10 DETECTABLE WARNING SURFACE

1.57 Max 9.0% Max NOTES: See Note 10
\ -SEE ---1P A --..'11
CASE C 9.0% Max 1.57 Max AT CURB dictate, Case A through Case G be 2018 S
4 2'

AT CURB
-.4
NOTE 10
t1.5%! t

1.As site conditions curb ramps may used

1.5% for corner installations similar to those shown in Detail A and Detail B.

The in Detail A do have to be the Case A Min
CASE A
SIDEWALK _

CASE B I--
mcx
.
- L''.
-.. ',..„

FRONT EDGE ,,, OF SIDEWALK
- Max, ..- SIDEWALK case of curb ramps used not same. through Case G curb ramps also may be used at mid block locations, as site conditions dictate. For specific site condition configuration, including the

9.0% Max
I-'' - 2- ; conform to existing sidewalk, see Project Plans.

AT CURB

2.If distance from curb to back of sidewalk is too short to accommodate ramp ......w_rip A FRONT and 4'-2" platform (landing) as shown in Case A, the sidewalk may be depressed 41 .. 1.5%t ct
_... -IL 0Typ ...

Typ
- EDGE OF longitudinally as in Case B or C or may be widened as in Case D. SIDEWALK', }1.57.1
z0
,
SIDEWALK emcx
INC
'•
SEE NOTE 10
FRONT 9.0% Max
Max
,,, x
_ °888 ,=.n
l''
2-
FEF 2
ES1',18881g
E8,51,1.2288
,5.50.7 ..000
SW
nr 0.0
RETAINING ,,i

CURB (BOTH
SIDES OF u-
RAMP) S .
aei
5R
ME 4 lia
mas
ea
gEE
i

3. When ramp is located in center of curb return, crosswalk configuration must be similar to that shown for Detail B.

4. As site conditions dictate, the retaining curb side and the flared side of the Case G ramp shal l be constructed in reversed position.

AT CURB EDGE OF r 5 The ramp portion of the curb ramp is a typical rectangle, unless modified SIDEWALK 9.0% Max AT CURB 1.5/ Max
4'-2' Min
SEE NOTE 10 RETAINING/. .,
'-'2"

1.5% Max
, . • 4 -2 Min
\-- in the Project Plans. SEE NOTE 10

6. Side slope of ramp flares vary uniformly from a maximum of 9.0% at curb to Z litiir
,(I'
il:1 - 1. - 88° . 8888"
F
1- EDGE A - 4
conform with longitudinal sidewalk slope adjacent to top of the ramp, except in Case C and Case F.
_, 9.0% Max

AT CURB
,....°E 38888,„
3=
0,8888,9.0A
828888E
. Max PLANTING
AT CURB AREA -_„ T8d ggr
°88°,--m
SIDEWALK CASE F 7.The adjacent surfaces at transitions at curb ramps to walks, gutters, and (J1 .........,, 082. CASE G streets shal l be at the same level. 22 RETAINING See Note 4
ID CURB (BOTH 8.Counter slopes of adjoining gutters and road surfaces immediately adjacent to

1.5% Max 1.5% Max SEE NOTE 10 SIDES OF RAMP) GUTTER
FLOWLINE TOP OF 4'-22 Min
and within 24 inches of the curb ramp shall not be steeper than 1V.20H (5.0/.).

Gutter pan slope shall not exceed 1" of depth for each 2'-0" of width. 12 Min ROUNDED II 9.Transition gutter pan slope from 1" of depth for each 2'-0" of width to match F 4'-2" Min A SEE NOTE 8 17
j typical gutter pan slope per Standard Plan ASIA.

CASE D CASE E

1.5%

7.5% Max 10. The detectable warning surface will be a rectangle as shown at back of curb, unless modified in the Project Plans. Curb ramps shell have a detectable z
WHERE A FLARED SIDE OCCURS SECTION A-A warning surface that extends the full width and 3'-02 depth of the ramp.

PROVIDE 2'-0" Min OF CURB Detectable warning surfaces shall extend the full width of the ramp except GUTTER RETAINING CURB a maximum gap of 1 inch is allowed on each side of the ramp. DetectableFLOWLINE IF NECESSARY warning surfaces shall conform to the requirements in the Standard Specifications.
>
CO
TOP OF RAMP 4'-2" Min "T",
CO
ce ROUNDED
,..,
-1 11. Sidewalk and ramp thickness, shal l be 31/2" minimum. te

12. Utility pull boxes, manholes, vaults and all other utility facilities within the

7.5% Max .5% Max 4 boundarles of the curb ramp will be relocated or adjusted to grade by the owner prior to, or in conjunction with, curb ramp construction. ',;,

SIDEWALK
SEE NOTE 8
SECTION B-B 13' 2g-,rslhU;T2IP1Mb'Z'Cletr-eganew-drcA-79 cut
-ggdc'clZ-Th7vc]
ofutility
Depress entire sidewalk es required TYPICAL GUTTER PAN VpNDINO APPLIES TO ALL CASES

RETAINING CURB

IF NECESSARY --, CURB
///
GUTTER

GUTTER IN
ISIDEWALK 4_/bc,s TRANSITION FRONT OF TRANSITION

DETECTABLE
.5% Max TYO4. WARNING 3'-02 Typj PAVEMENT-- --% 1.3'20" SEE SEE SEE -7 SEE -I
NOTE 8 NOTE 9 NOTE 8 NOTE 9

SECTION C-C WHERE A FLARED

SIDE OCCURS GUTTER PAN TRANSITION

CROSSWALK IF PROVIDED
PROVIDE 2'-02
Min OF CURB

CROSSWALK IF PROVIDED

DETAIL A DETAIL B STATE OF CALIFORNIA

DEPARTMENT OF TRANSPORTATION

TYPICAL TWO-RAMP TYPICAL ONE-RAMP CURB RAMP DETAILS

CORNER INSTALLATION CORNER INSTALLATION NO SCALE
See Note 1 See Notes 1 and 3 A88A
$(/0-+"/,"%&'*(",)"#,+/(+/.

ATTACHMENT 2
338
NOTES: '''.-' COUNTY ROUTE TOTALEL 'VEST&
Gutter not shown 1. Sidewalk, ramp and passageway thickness, IF NECESSARY, CONSTRUCT RETAINING "T", shall be 3,/," minimum.

CURB AT EDGE OF SIDEWALK 2. For details of detectable warning surfaces, see Standard Plan AMA.

IF NECESSARY, CONSTRUCT RETAINING
q \-..--
R.: (3R-sc\cA.,9-i .:N., 0 ,
Rebe a y_

L TIMM '
6" Min HIGH CURB Al EDGE OF SIDEWALK 3. Where an island passageway length is greater May 31, 2018 2 054415 RETAINING CURB 6" Min HIGH than or equal to 6'-02, but less than 8'-0", each PLANS APPROVAL DATE 9 '6,- RETAINING CURB
Min
detectable warning surface shal l extend the full
width and 2'-0" depth of the passageway length.
7,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,

OR AGENTS SRA, NOT BE RESPONSIBLE FOR
p
Where an island passageway length Is greater DIE AM/NOY OR COWLEMBESS OF SLAVE, C CYPIES OF INS PLEB SHEET. 5'-0" Min WEE t REQUIRED 1.54 Max
t than or equal to 8'-0" each detectable warning
surface shall extend the full width and 3'-0"
28Mi.

IF CROSSWALK

PROVIDED
CURB---,_
: ..
§§E§grx 888888888. 7.5%
depth of the passageway length. Detectable
warning surfaces shall extend the full width of

1.5% Max 7.5% SIDEWALK -°'
gigg§82
,§.§818.E86 2222222§
Max .
ho
_
6 SIDEWALK the island passageway except a maximum gap of 1 inch is allowed on each side of the passageway.

Max §§E§§0, WM§ „„,0„
.°88g' FMB - ' :,
-C? XI °
— 00000000 • 0000000
888888887r 4. The adjacent surfaces at transitions at curb ramps to 2018 STANDA
. '.888gEn
010.88 . TRANSITION

FROM FULL
walks, gutters, and streets shall be at the same level.

00.88n888— 55555555
in
r HEIGHT TO 5. Utility pull boxes, manholes, vaults and all other utility ZERO HEIGHT 1.5% Max -.--CURB TO MATCH facilities within the boundaries of the curb ramp wil l be

DETECTABLE

WARNING
BCR
CURB

CURB TO MATCH

RAMP SLOPE
A
RAMP SLOPE relocated or adjusted to grade by the owner prior to,

DETECTABLE WARNING
or in conjunction with, curb ramp construction.

SURFACE, SEE NOTE 2 6. Detectable warning surface may have to be cut to allow SURFACE, SEE NOTE 2

1.5% Max

CROSSWALK

CROSSWALK
IF PROVIDED removal of utility covers while maintaining detectable warning width and depth.

IF PROVIDED CASE CH CURB RAMP 7. For additional curb ramp details, see Standard Plan A88A.

CASE CM CURB RAMP 8. The detectable warning surface wil l be a rectangle as shown at the face of curb, unless modified in the Project Plans.

RAISED ISLAND

RAISED ISLAND
SLOPE PASSAGEWAY SEE NOTE 3 DETECTABLE TO DRAIN 1.5% Max DETECTABLE Mint

WARNING WARNING
SURFACE, SURFACE, SLOPE SEE NOTES 2 PASSAGEWAY RAISED ISLAND CURB RAMP, SEE NOTES 2 TO SEE NOTE 7 AND 8 CURB RAMP, AND 8

1.5%RAIN Max SEE NOTE 7
.—.
01 ._,.

SEE NOTE 3 CURB RAMP,
SEE NOTE 7 _
= 11116i
EEE .
iiii,,,
SEE NOTE 3
._.

I
I
SEE NOTE 3
To.
53 C7 CURB RAMP, .''''''
_
SEE NOTE 7 aR
,, — SEE NOTE 3 45' <,7 1;
SEE NOTE 3--..-
,
.g

DETECTABLE

WARNING

SURFACE,
SEE NOTES 2
AND 8
r
,
g 19
-4<''
e

CURB RAMP,
SEE NOTE 7
,
SEE NOTE 3
,
;'
m L,
AO'

4.i'-'

SLOPE PASSAGEWAY
TO DRAIN 1.5% Max

CURB RAMP,
LAN A88B
,n n
'70
._, La
<
iri

RAISED ISLAND

TYPE A PASSAGEWAY
m
1 , a (''
/,
'Y.]
, La
FE

TYPE B PASSAGEWAY
n o
SEE NOTE 7 . s
F_

TYPE C PASSAGEWAY

CLEAR PASSAGEWAY
OF 4'-2" 'c'

RETAINING CURB GUTTER
(
IF NECESSARY FLOWLINE ri /c
7— SURFACE
1-:'

RAISED ISLAND STATE OF CALIFORNIA

DEPARTMENT OF TRANSPORTATION
j__.
,,,,_,,,,
1—17- 1.5% - —, CURB RAMP AND
1-1-- Max 2_ — RETAINING CURB _ ISLAND PASSAGEWAY DETAILS SEE NOTE 7 SECTION A—A SECTION B—B NO SCALE
A88B
$(/0-+"/,"%&'*(",)"#,+/(+/.

ATTACHMENT 2
339
DT.' ...Tv R. -. TOE MILESs 7.7 SHEETS
/-i,e z
PECISTE 0 ELECTRICAL ENGINEER ,. 4'
Hasid
Zo faghar i
May 31 , 201 8 E15636

PLANS APPROVAL DATE
-31-A
O
W
"' LOOP C 7Ar ''' tiff Or f LT" LE I 77,FAccawcrarcopLErniEsso, scAme, or c„,_ IVPIES Cr vas PLAN MEE,
?
-,..-
T
ativaNvIs sLoz
-.S
WINDING DETAIL SAW CUT DETAIL s

WINDING DETAIL SAW CUT DETAIL

TYPE A LOOP DETECTOR CONFIGURATION TYPE B LOOP DETECTOR CONFIGURATION SEE NOTE 1
DIMENTION PER PLAN .1,..

L :

SEE
NOTE
1~
cn O
0cn
S f 5 TURN
2'-5" '-3:..i 13
WINDING DETAIL SAW CUT DETAIL s
'LAN ES-5B

WINDING DETAIL SAW CUT DETAIL

TYPE C LOOP DETECTOR CONFIGURATION TYPE D LOOP DETECTOR CONFIGURATION 0 DIAGONAL SLOT —

W' WIDTH CUT
F . PLAN VIEW
4 OF

DIAGONAL SLOT

AT CORNERS

WINDING DETAIL SAW CUT DETAIL

TYPE E LOOP DETECTOR CONFIGURATION WINDING DETAIL SAW CUT DETAIL

TYPE Q LOOP DETECTOR CONFIGURATION STATE OF CALIFORNIA
NOTES: DEPARTMENT OF TRANSPORTATION

1. Round corners of acute angle saw cuts to prevent damage to conductors. ELECTRICAL SYSTEMS

2. Typical distance separating loops from edge to edge is 10'for Type A, (DETECTORS) 0, D, and E installation in single lane.

3. Use Type D loops for limit l ine detection and bicycle lanes. NO SCALE ES -5B
136-8
$(/0-+"/,"%&'*(",)"#,+/(+/.

ATTACHMENT 2
340
<Wb_\ehd_W FNM<= /-.1 >Z_j_ed
&?AP:wi FNM<= /--6 >Z_j_ed) _dYbkZ_d] K[l_i_edi . $ /) Wi Wc[dZ[Z \eh ki[ _d <Wb_\ehd_W' <^Wfj[h 0; s IWl[c[dj WdZ <khX FWha_d]i Gel[cX[h 4) /-.1 IWhj 0 s FWha_d]i
IW][ 43-
ATTACHMENT 2
341
2 SO 4% MAX.
x
Iti
C
T.C.
4 BASE LINE
L
C
W = Width of left turn pocket
L = Length oft_ taper
AB= BC=CD= 3
Adand C'D' ore parabolic curves except on curved alignments X =Distance from point A along base line
Y = Offset from base line =2.25W X2/1-2

SINGLE LEFT TURN POCKET
L=90' W=101
X 0 1 10' 20' 30' 4d 50' 6CY 70' 80' 90'
Y 000' 028' 1.11' 2.5d 4.17' 5.83' 750' 8.89' 9.72' IC100 L=601111 W= 0'
X 0' 10' 20' 30' 40' 50' 60'
Y 0.00' 0.62' 2.50' 5.00' 7.50' 9.3810.0d

DOUBLE LEFT TURN POCKET
L =150' W=20'
X 0' 10' 2d 3d 40' 50' 60' 70' 80' 90' 100' 110' 120' 130 140' 150' Y 0.00 0.2d 0.80' 1.80' 3.2d 5.0d 7.00' 9.0d 11.00 13.00'15.00'16.8(318.2619.20'192d 2C105 NOTE:

In the case when the base line is curved the offsets are calculated by assuming the base line to be a tangent they are then applied to the curved base line. AB and C'D' are no longer parabolic and BC is no longer a tangent.
a. Use 60' transition when insufficient distance is available for 90' transition or where approved by the Engineer.

CITY OF COSTA MESA

CALIFORNIA

PUBLIC SERVICES DEPARTMENT

PARABOLIC MEDIAN

CURB TRANSITION
DRANN: C. P. R.

SCALE: NONE
APPROVED' _/ 4442,22741 1°° ‘ -° DATE:

BRUCE a P44TTERN R.C.E. '9388
STD. DWG NO.
116
ATTACHMENT 2
342
10 8 Y2 ".

Y2" A.C. PAV EME NT
1 ....- CAST IRON FRAME
a COVER.
imisiaD STREET SURFACE
8"
CLASS 520— C-21500 CONCRETE COLLAR

BACK F ILL WITH SAND
6"
44"
tD
6" VITRIFIED CLAY
PIPE— 12" LONG.
—2"i HOLE WILL BE FILLED It4.

WITH GROUT AND MARKED .

WITH AN IDENTIFYING CV

MONUMENT BY TPI ENGINEER
THAT SHALL BE A 3 DIAMETER
3/4" X 3" SHANK BRONZE
SURVEY MARKER (FLAT TOP).

CLASS 520—C-2500 CONCRETE
L4 5",,MIN. j
-7 MAX.

SECT ION A-A
11 III

MMONUMENV
/
..•••
PLAN
CAST IRON FRAME a COVER
WITH I/8" RAISED LETTERS
A
I I/2* LC. PA YEMENI'

CITY OF COSTA MESA

CALIFORNIA
SURVEY MqNymENT
TYPE A
DRAWN C.P. R.

SCALE NONE
s4p
APPROVED, —DO"— 1? —) 9 74.17r 610,1 --• DAT 6/00 3/ 9.5.-- BRUCE a MAT TERN R C.E. 19388
STD. DWG. NO-
PUBLIC SERVICES DEPARTMENT 613
ATTACHMENT 2
343

LEAD TACK
DETAIL
CURB 8 GUTTER

FINISHED SURFACE
. •.

SECTION

C STREET

FINISHED SURFACE
/ DIAMETER SURVEY TAG STAMPED WITH L.S. NO.
14 " SPIKE x 4" LG.-MIN.

SECTION
NOTES:

I. ALL TIE POINTS SHALL BE LEAD & TACK. LEAD SHALL BE A MIN. OF 3 / 4" DEEP AND TACKS SHALL BE MADE OF BRASS.

2. ALL INTERSECTION a CENTER LINE CONTROL POINTS SHALL BE SPIKE a WASHER.

3. ALL CONTROL POINTS SHALL HAVE A MIN. OF 4 TIES, WITH TIES PLACED SUCH THAT A

PROPER ANGLE IS OBTAINED FROM THE TIE TO THE CONTROL POINT AS DETERMINED BY THE CITY ENGINEER.

4. RECORD CENTER LINE TIE DATA ON TIE SHEET AVAILABLE AT THE CITY OF COSTA MESA, ENGINEERING DIVISION.

CITY OF COSTA MESA

CALIFORNIA

PUBLIC SERVICES DEPARTMENT

SURVEY CENTER LINE TIES
coma/ALL
...m..eigta.

APPROVED DATE
STD. DWG. NO.
6 15 „
MICE D, MATTIRN OLC,E.1931/11
ATTACHMENT 2
344

PAVEMENT WIDTH

DIMENSION PER PLAN
R=0.5"
z&
Lu
U-

FINISHED SURFACE

1.5" 5"
R=0.5"

PAVEMENT WIDTH
a

DIMENSION PER PLAN
R=0.5"

1.5"I 6"
U-

FINISHED SURFACE U-
R=0.5"
II
LI
NOTES
TYPE !A" CURB
TYPE "B" CURB
4 X 9" LG. DOWEL
AT 4'-0" O.C.

I. 1/4" EXPANSION JOINTS SHALL BE PLACED AT 40' INTERVALS AND AT ALL MEDIAN NOSES. 1/8" X 2" WEAKENED PLANE CR PLASTIC CONTROL JOINTS SHALL BE PLACED AT 10' INTERVALS.

FOR DETAILS SEE STO. DWG. NO. 314.

2. DOWELS FOR TYPE "B" CURB MAY BE DELETED WHEN EXTRUDED CONCRETE IS BONDED TO THE PAVEMENT WITH APPROVED ADHESIVE, EXCEPT THE ISLAND NOSES WHICH SHALL BE DOWELED.

3. WHERE MEDIANS ARE LANDSCAPED. CURB SHALL EXTEND 6" BELOW SUB-GRADE AND BE BACKED WITH A 20 MIL PLASTIC MOISTURE BARRIER THAT EXTENDS 6" BELOW CURB.

C.F. AND H SHALL BE PER PLAN.

4. THESE CURBS ARE NON-WATER CARRYING. TRANSITION TO TYPE "C" CURB AND GUTTER PER PLAN.

5. CONCRETE SHALL BE 520-C-2500 PER CURRENT EDITION OF STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION SEC. 201-1.1.2 .
kvisco 4-16-86

CITY OF COSTA MESA

CALIFORNIA

PUBLIC SERVICES DEPARTMENT
.TYPES "A" a" B" CURBS
APPROVED=4242 ,-,1,4 DATE WaiPfrie
■el WO MP Y P ISA
DeMili MIL
*Au MM.

STO.ORVL NO.

ATTACHMENT 2345
-··
j-- l OF STREET
60 1
R
101
2d 201
td
1--l I

PARKWAY I
V411PER FT.
2 °/o
1/4' PE� FT..

L J• ... --ll 2"
. ll� k- l OF STREET a--t_
w I I . I ...

I� so'
I I1� w
� w 5' 20' 20' 5 !1
3'
I�•�}<- · --,zl
I � 1 �., 3 TYPE"c-a" cuRa a SUTTER ,
�,. • Q I
I� 1��FT. _ 2% , 2°b� �I§ JI => ·1.��--�--,-····· . .__ �� _f 5 I _y4-4 s ·
I 6.fi ,.�
4 2 4
NOTE:
50' R/W TO BE USED WITH CITY COUNCIL APPROVAL ONLY.

CRUSHED" A8GREGATE USE I a• THICKNESS). ACTUAL THICKNESS TO BE DETERMINED AFTEJl-ftOUOH-GIIADlN
TYP! "c-•• Oft •c-g• CURii AHD BUTTER PER STD. DWfil, NO • .!S_. 4• P.C.C. SIDEWALK PEit STD. DWG. Ho: 411.

DRIVEWAY LOCATIONS AND SLOPES SHALL BE APPROVED BY THE CITY ENGINEER ON STREETS WITH 50
1 R/W.

CITY OF COSTA MESA . TYPICAL SECTION
60 1 a 50
1 RESIDENTIAL STREETS
DRAWN J.C.8.

CALIFORNIA
PUBLIC SERVICES DEPARTMENT APPROV;;; i!§.��U�,S�S-
BRUCE O. MATTE � - -
SCALE�
STD. DWG, NO.
114
ATTACHMENT 2 346
l- £. ALLEY
20'
201 �L·Y£L LINE
------ ---- -
� (. ALLET
.
1'-6" 1'-6"

DETAIL OF
'·v" GUTTER
r"F,L.

1. CONCRBTB SHALL BE 560-C-3250 PER CURRENT EDITIOli
OF STAHDARD SPECIFICATIONS SEC. 201-1.

2. ALLEYS SHALL NOT RECEIVE STREET DRAINAGE.

3. ALLEr APPROACH SEE CITY STD. owe. 51.C •

4. 1/ 4 DCB TJUWSVERSB EXPANSI:OH JOINTS SMLL BE
PLACED AT 40' INTERVALS AND 1/B'"x 2• W"'...AltBNED
PLNl'B JOINTS SHALL BE PLACED AT 10' IN'l'ERVALS IR
nm p.c.c. •v• GOTTO, l'OR DC'l'AILS SU C.I'l'Y STD.

DNG. NO. JU.
101

CITY OF COSTA MESA

CALIFORNIA
TYPICAL �ECTION

ALLEY AND V
11 GUTTER

ENGIEERING DEPARTMENT
OllilWN �
ICAI.I �
STD. DWG. NO.
, '8
ATTACHMENT 2
347
PARKWAY WIDTHS:
5 1
FOR 50 R/W
10 1
FOR so' R/ W
71 FOR 84
1 R/W
7' FOR 106
1 R/W
8 1
FOR 120
1 R/W
I,
PLAN
·WIDTH-··

CASE IV
CURB RADIUS ( SEE NOTE 2 )

CUT OFF ( SEE NOTE I )
NOTES:

I. THE PROPERTY LINE DIAGONAL CUT-OFF IS
A STRAIGHT LINE DRAWN BETWEEN llfE

R/W LINES ( OR PUE LINES, IF EXISTING)
AT THE BC R. AND ECR.

2. ALL CUfiB RETURN RADII SHALL BE 25
1 UNLESS BOTH STREETS ARE ON THE MAS

TER PLAN OF HIGHWAYS, AND THEN THE
DIAGONAL CUT-OFF SHALL BE FOR A 3S'
CURB RETURN RADIUS.

3. ALL 50
1 STREETS REQUIRE A 3
1 PUBLIC
UTILIZATION EASEMENT, SEE STD. OWG· NO.
114.

ATTACHMENT 2
348
?AVEl.!ENT WIOTk
Ol�ENSION PER 0LAN I.;•• :,•r
�--1111'"1 )11111��---L
R=D.5" R=0.5"
---===l=��----...:.��---V. ·:-:-:->
......... �- � i. ·. -: >:.:.:.:.
\.

FIN I SHED Sl.fiF ACE
_
__ ::_..._-1 i) I?:\{''.��;
.... 0 z
... ...

U)
TYPE �A• CURB

PAVEMENT WIDTH

OIJIIENSION FER PLAN
.... ::I.
a: ... a.
.
. ..
. . .
.
. .
. .. . \ . . . . .
\ .
.
. .
. �. : . : r: . : . : . : .
.
.
. .
.
.
. .
. \, .
.. .
. �-
·.�
•):
..
.
..
..
.
..: ·.
: . · .. ·. :_ : ·\: ·
... ·.
� \ �
I. 5" e,••
.
.
1>"-. • ••• •. . •
R=0.5"
.. ·.}·. I f· ·-b" ...: . . . . I . ...: FINISHED SURFACE I u · ·. �· ·. ·,�·�· ·. 0•
TYPE
11 8 11 CURB
Rt. VISED 4-16-86
___ , ____ .._�.._·
.
__ · ._·._�-· ..... -· . .__·.,__. __ __
�TES
11 u.....__ 4 X 9" LG. DOWEL
AT 4'-0" Q.C.

1. 1/4" ExPANSl{'OI JOINTS SHALL BE PLACED AT 40' INTERVALS .AHO AT ALL UJEDIAN NOSES. 1/8" x 2" wEAKENEC l"LANE � "�ASTI.: :c,,,nicL jDflin SMLL BE PLACED "1 10' INT!:'.RVALS.

FOR DETAILS SEE STD. OMG. 'IQ. 314.

2. IXYIIELS FCA 'TYPE "B" O.RB "-\Y BE DELETto •HEN EXTRUOED CDNCRETE IS EIOHOEO TO lltE PAVEJ,16NT WI TH lJ'PAOVEO A[)l,<ES I VE, EXCEPT n,E I SLANO NOSES IIHIOI SHALL BE DOWELED.

3. WHERE MEDIANS ARE LNICSC-"PEO, ClJl'l8 S"IALL EXTEND 6" BELOW SUB-GAAOE AHO BE BACKED WITH-" 20 MIL PL,.STIC "'OISTURE BARRIER THAT OOEHOS 6" BELOW Ct.RS.

C.F. AHO H SHALL BE "ER "'LAN.
�. THESE CURBS ARE NON-w>-ER CARRYING. TRANSITION TO TYPE "C" CUR8 00 GUTTER PER PLAN.
). COtCRETE SMLL BE S"oo-C-3ZSb;.ER CUl'lREN"f EOITH)N OF STAHOf,RO SPECIFICATIONS FOR PuBLIC llOQKS C()ISTRLCTIC'N 5EC. 201-1.1.:.

CITY OF COSTA MESA
CALIFORNIA fA,/N
PUBLIC SERVICES DEPARTMENT •
1111.awa D)ff:

SCALI NONE.
srD.DIIW.NO.
311
ATTACHMENT 2
349
·_,r··
-�
FlNISHED

SURFACE
NOTES:

FINISHED

SURFACE
PAVEMENT WIDTli DIMENSION PER PLAN
,._ "
CRUSliED AGGREGATE BASE
t-2 � ..

CONC.

PER LIN. FT. :s O.OGOB4 CU. 'Q)S.

I Cll YD. • 19. 79S� UN. FT.

TYPE 1'c-61CURB a GUTTER

RWEIIEHT WIDTH DIMENSION PER PLAN
21-011
N
R=I"
CONC. PEii LIN. FT. • 0.0S41S CIL YDS.

I CU. YD. • 15.!50 LIN. FT.

TYPE 'c·S- CURB a GUTTER
2"
s"
6"
•••• i>- ••••• . . . . . .

R=Y2·
I. l/4• EXPANSION JOINTS SHALL BE PLACED AT 401
IN TERVALS AND. AT ALL B.C.R.' S E.� ANO 1/S'x 2
11 WEAKENED PLANE OR PLASTIC CONTROL JOINTS SHALL BE PLACED AT 10' INTERVALS. FOR DETAILS,° SEE STD. _DWG. NO. 314.

2. CONCRE TE SHALL BE S"6o·C!-'3.i5'"c, PER CURRENT EDITION OF STANDARD. SPECIFICATIONS FOR PUSLIC WORKS CONSTRUCTION SEC. 201-1.1.2.

3. SUBGRADE RELATIVE COMPACTION SHALL NOT BE LESS THAN 90 % .

ATTACHMENT 2
350
�

VERTICAL OBSTRUCTION
\�·· x It
W+Y

OF DEPRESSED CURB
x
SEE BELOW �Z (W+Y) Yz (W+Y)
FLOW LINE OF GU'l'TER
ft' C.4.8. INJN.) SECTION A-A
x
1/z (W+Y)
I. FOR Cl.RB ANO GUTTE R DE TAILS,
SEE STD. OWG. NO.�

2. FOR JOINT DETAILS, SEE STD.

OWG. NO.�
W+Y
PLAN

3. CONCRETE TO BE 360-C-32.fi:J, PER CURRENT EDITION OF

STANDARD SPECIFICATIONS FO'R PUBLIC
WORKS CONSTRUCTION SEC. 201-1.1.2

4. ALL DRIVEWAY LOCAT IONS AND DIMENSION S

SHALL BE APPROVED BY TRANSPORTATION

SERVICES ENGINEER ,
1/z (W+Y)
DIMENSIONS:
% MIN. TO t. PRODUCED
x

SEE BELOW
W = 10
1 MIN.-16
1 MAX. FOR RESIDENTIAL
DRIVE WAYS IN R-1 ZONE • Y: 0.

W= 16
1 MIN.-26' MAX. FOR OT HE R
· DRIVEWAYS.

X= 4
1 FOR 6
1 1 CURB FACE.

X= 5
1 FOR 8
11 CURB FACE.

CITY OF COSTA MESA

CALIFORNIA

DEPRESSED CURB

FOR DRIVEWAY APPROACH
PUBLIC SERVICES DEPARTMENT.

ATTACHMENT 2
351

EXMNSION JOINT FILLER
l/4
11 EX�NSION JOINT
40' INTERVALS
.. ·.�.·.· .... ·.· . ·.-.... · ·�·.· .·.· ... ,.. ·.•·.·.•·.-....... > •• • •• ·.i.. ��-. •• •• • •••••• j.. • • • •• • •
. ,. .. "'"�� ... . . .,:. ·. ·. ·. . . .,:. • .,I__\.':>• c:..v- • • • . . . . . .: . . . .·. �. ·. •. • "!-•. •. ·. ·. •!· . r • • •. • · .. :· .:· :· .)··:.<:·{·. ·. >··:-. ··>:-.... :,.._::

CONSTRUCTION JOI NT
1/a" x 2
11 WEAKENED PLANE JOI NT
f 0' INTERVALS
ATTACHMENT 2
352
l
CURS e, BUTTER
.�
PK
., .. FOR SIDEWALK
TO CUR8.

PER FT.

COLO JOIHT

SECTION A-A
DIMENSIONS:

P'K• PAIIKWAY WIDTH
s "' SIDEWALK WIDTH I •
&r/ ""'--PKsD" S •4 -4
&0
1 ff!W-PK•lo' 5,.4•_4•
s'
CR!i§HED AGGREGATE BAS£
( T MAX. AGGREGATE)
·� NW--PK• 7• S•41-4. RESIDENTIAL 1 6
1 -4" COIIIIEIICI.AL II INDUSTRIAL
106 1
NW--PK•7
1 1•41
-4· JtEa_JD£lfTJAL. s'-4" CONMEIICIAL a INDUSTlt�L
120
1 1\11'--PK••' 5•41-4• RESIDENTIAL I T'-4" CDIIIIERCIAL II INDUSTRIAL S'• 4
1 -0•
'--i. I
'
2"
- - - -- - - - - - • � �
"S U
;'

LITY E'ASEIIENT REQUIRED FORD' PARKWAY
· 4 P.C.C. SIDEWALK t_
\:
10'.

J.
&UTTER
+ +
10' 10' 10
1 10' I 0
1 A,..._j
PLAN
NOTESt
I. Yl IXNJIIK* ,NHtlT8 IHM.L fl PLACED AT 40' fll'TEINAU AND AT THE END Of' ALL CUN ·I

IIETUIHIS,

1. '9" X � C ... TIIDL OR WDICEH ED . PLANE JO IHTs SHAlL BE PLACED AT IO' l�ll'VAI.S a. DM111D9 ,Ng..,-. .. _,.flllD PLANE JOINTS "°" IIDhAUC IHALL H P'L.Aef:D TO COINCI. Wffll •Olll'R 0,, THS CUIII. "· l'M IJIMI I IIOli'"tlOINT MID RAICINID l'LANlt JODrr DETAILS, 11:E STD. DR. NO. I I 4, &. SIDEWALK THICKIIDS II 4• EXCll'T AT DIIIVDfA'n WHDI fT SHALL H a• THicic."9 ll COIICIIETE SIMU. ·al $!0-C-2�00 PEil CUltllENT EDfTIOH OF STANDAIID SPECIFICATIONS SEC .�01-1.1.z. 't 10• INTKll'VAL -81TWDN 'PIAIIIYQIIE JOINTS NAY II: YAIIIID. IF .IOllhNO DIITINO INNOVENINTI AND AP'PltOYED IY CITY "ENIINtllt.

L WID£N SIDEWALK TO FROVJDE MIH. CLEAR DISTANCE PER STD. DWG. NO,.!..Ll., t. ALL EXPOSED CORNERS OH SID EWALK SHA LL 9E ROUNDED OFF WITH 112• JIAOIIJS, EXCEPT AS OTHERWISE SHO"'" OH ST!>. IMO, HO • .ll!,
ATTACHMENT 2
353
DIMENSIONS:

PK•PAJltlC....r WIDTH
&o' RJW--PK :a 101
94' '1/W-- PK:a 7'
10 $1R/W-PK" 71
12o' RIW-- PK:a a'
V,j• �IOH JOINT
10' 10-'
PK

SECTION A-A
4• P.C.C. SIDEWALK
CURB a GUTTER
----1/a •x 2• WEAKENED
PL.AN JOINT DR PLASTIC _CEHlllOL IO'10'
TREE WELL IILOCX OUT lALTERHA
419
l/4 • EXAINSION "OINT
10' 10'
40 1 1/9 • X 2• NED PLAIIE Oii PLASTIC
l:OH1JIOL JOIJfT
PLAN
NOTESr
I. kj EXPANSION JOINTS SHALL BE PL.ACE> AT 40
1 IHTEIIVAI.S AND AT TIC END OP" ALL
CUii• RETUIIIII.

2. 11."xr' WEAICDED PUJIE 01'1 PLASTIC CONTRO.. JOINTS SHALL H PLACED AT 10' l�AU.

J. EXMNSIOII .tolllTI AND WUJ!EIED P'LANE .,OINTI JrOlt SIDEWAUC SHAU. 111:. P'LACED TO COINCIDE Wmt iKMNTS DI' 11C CUltl,
.... '°" DPIIUIIION .JOIW1' AND WUU:IID l"t.Allt: .,OINT DETAILS ,au STD. DW8. NO. J.U, a. IIDl!:IW.JC THICICNDS II 4• lXCIE"f AT DIIIVIWA'YI WHIEJltE IT IHAU. K •• THICIC. &. CONCRETE SHALL H UO C 2500 P£Jt CUftllt:NT EDITION 0, STANDARD SP£CIFICATIOHS FOii PUBLIC WOltlCS CO NST RUCTION SEC. 201- I. I .I.

7. TREE WELL ILOC,COUTI TO 8! CONSTRUCT ED W/ LOCATION II SPACING Put PLAN. 9, JO' JHTIEIIVAL IETW!llf TlltAHSYEltSE JOINTS MAY IIE YAlllED IF JOINING .... EXIITINO IIIPROYEMIIIT&.

9. AI.L EXPOSED CORNERS "ON SIDEWALK SHALL IE ROUNDED WfTH 112• JIADIUS,EXCEl'T AS OTH£IIIWISE SKOWII ON STD. DWGc�l'ii• 10, WIDIM SIDEWALK Ttl. PflO'YIDI 111111, STANct PEJt STD. DWG,N OL!.I.L..

TH A N ,

CITY OF COSTA MESA

CALIFORNIA
COMMERCIAL �.DEWALK DETAILS

PUBLIC SERVICE DEPARTMENT APPROVED

0...,, W. A.B.
,c:.u NONE
ATTACHMENT 2
354
�LIZATION
GUTTER
PLAN
NOTES1
L FOR STANDARD SIDEWALK DETAIU,SH STD. DW8. NO.fil AND/Cit �.

Z. FIRE lfflJRAHTS SHALL l!IE 2' CLEAR r:FF OF TH£ CUR.8 FACE.

3. 110 Y!Rl'ICAL Ol!ISTIIUCTIOH WITHIN � CLEAR OF DIIIYEWAY TOP OF •x:

4. :=-:r.,f.0�� 111.ffT8'"aR#AoWo aV'foc�ofaid.LTINATE LOCAT IOH, :S, AMO POLES, GUT AJIClf(lftS, MD ST.11£lT LIG"TS SHAU H 111• Cl.Ult or, Cllfla FACL

CITY OF COSTA MESA

CALIFORNIA

PUBLIC SERVICES DEPARTMENT

SIDEWALK OBSTRUCTIONS FLARE
STD. DWG.
413
ATTACHMENT 2355
DIMENSIONS:

PtC • PARKWAY WIDTH
S • SIOEWALX WIDTH SEE MOTE 7
50 1
R/W--PK=5'
50 1
R/'W- -PKa!o'
84' R/W- PK••'
I 06' R,/W-PK•7'
I 2 o' PI/W-- PtCz !'
"y� -Jr.AOIUS VARIES (25' OR 3CI')
s'• .,,·-o·
PK
"i'
NOTES1
PLAN
I. t'4 • !XMHIION JOIN'TI SHAU II P'LACID AT IND OF CUJl8 IIETWINI. va• x z' WEAKEJtED PLANE OR

PLASTIC CONTROL JOINTS
RADIUsa !5 1

2. �.·x 2• WEAICPN!D '1.ANE OR PLASTIC CClflTJIOL JOINTS SHALL If: PLACED SO AS NOT TO EXCUD lo' O.C:. AT It..

1. tr011 EXMNIJON JOINT ANO WEMCIN!D PI.ANE tlOIJiT DffAILl,1!! STD. DWL N0.114 ,

4. CONCIIITI SHALL aE PU CUltltlNT EDITION OF STMDMD SICCll'ICIATIO,;.- P'OII PU8LIC WOIIICS CONSTltUCTION arc. 101.-Ll.1, CLASS szoc-zsoo !5. ILL UW,TJOIIS PEI PLAN. FOii CIIOIS WTTDtS F.L.P. I • .l"Bl STD. 0¥ra. HO • ..,!!L SHALL H IICMN Olt Pl.All. a. ,OJI -STIIEET. l'IAIJIUS DATA, RE STD. owe. NO.�

7. 1U STO. o-.e. NO,.!!! 1.!!l AND .!!.!.. FOii IASI: AHO SIDE...,.LK lllaldEMI.NTS.

CITY OF COSTA MESA

CALIFORNIA

PUBLIC SERVICES DEPARTMENT
STANDARD .SIDEWALK RETURN .

DRAWN W,A.B,

SCALE NONE
ATTACHMENT 2
356
�l OF CROSS-GUTTER
,,
. 4' VARI
f. r

I 'ARIES- SEE PLAHS
�---4-CUR8 a 81.tTTElt
i----R/W LINE
PLAN
NOTES:

I. SMOOTH TIIOWtl. 1• WJDt'. FLOW LINE IN Cl'tOS$•GUTTEJt ANO Sl"AHDRELS. z. AGGIIE8ATE 1A11E THICKNESS FCfl SPAJIDIIELS !HALL IIE THE SAM!: AS P'Dfl atoSS-BUTTEll. l. POU11 CURl!I MOHOUnRCALLY WITH SPAJl1.IIIEL.
0 4,. F'Oft JOINT DETAIL�, SEE STD. DWG. NO. 314 APIO ..f!.1.

5. COIICIIETE SHALL K 160 C 32!50 P!II C\IIUIIJIT mrTlOH Of' STAHDMD SPEOFIC4TIOHS FOii PUE1Q WCRQ CONSTIIUc:ll0111 SEC 201-1.1. 2.
.. AU- ELEYATfOIII IMAU. R PEJI l'I.AN.

7. DISTANCE L RION IIIDOLE DftDINAT! OF CUfllt HTUJIIH TO JOINT SHAU. llt 7' Folt 1• C.I'. Off � f'Ofl 1• C.I' •• a. Alff CAOSS·GUTTI II TO BE CONSTRUCTED ON I.US THAN 0.20 % SHAI.L HAVE DllAIN.HE STllUCl\JIIU COHSTIIUCTEO TO MITIGATE THE ADVEJtSE El'T!CTS OF NUISAlfC!: WATEll AHO FULL CON-1:� AMON W1JH EXl'IIMSION JOINTS WINll \. NO M.ONI !D9t: OI' IUTTR L

CITY OF COSTA MESA

CALIFORNIA

PUBLIC SERVICES DEPARTMENT
TYPICAL -CROSS-GUTTER.

DltAWff MJC.S,

SCALE NONE
STD. DWG. NCl
4 f 5.

ATTACHMENT 2357
<r
<(
...

SECTION A-A
d-- s
# 3#12·11.u.

DETAIL OF ANCHOR
(SEE HOTES :Sa 7)
NOTES:
a·
L
P.C.C.

INLET
TYPE.II
INLET
TYPE!
z c ..J a.
z 0
a :c .., ..,
c(
z
0 i=
;!
..,
A
PLAN
PROALE
I. FLOOR OF BOX TO BE TR OWELED S .. OOTH.

2. WHEN THE TOE Of' SLOPE IS WITHIN THE 11/W, INLET- TYPE l BEr;IHS AT THE TOE RATHER THAN AT THE R/W LINE.

3. FOlt OPEN DrTCH APl'ftOACHITYPE JI J THE 2'EXTENSIOH IS NOT ltEQlllftED WHEN THE BACK OF WALX 1$ 2'DII MOIIE l"JIOII THE ft/W LIHE. -4. TOP DI" INLE T STIIUCTUftEfTYPE I & J[) TD BE l'LUSH WITH ADJACENT .SUlrf'ACE WMEJltl!: PIIACTICA8U,

5. A HEADED STE EL STUD f X &f WITH HEAD D•l•AT TAatED BY A l'ULL PENl!:TIIATION BIITT WELD MAT Ill USED AS A)! AU"EllMATI: AIICHOA. 111. NOIINAL CUIIB l"ACE AT ioolHT II AND Q 0 a+5" AT PDlflT II AND,._ "1. THI: 3• LEG OF THE IHTUIIOII AHCHOllS SHALL• l"AII.ALLEL TO THI TOI" 01" SIDEWALK.

I. 0. S • AIIO ,¥ A SH.ILL IE POI IMP'ltDYEJIDT l"LANS. ,. CIJR8 BATTER SHALL COWDIHI TO EXIS TINO AOJOIPtlHG cun. SU sro. owe. HO..llL

10. CONCRETE SHALL BE CLASS 5&0 C 3250.

CITY OF COSTA MESA PARKWAY

CALIFORNIA

SECTION-INLET TYPE I

SECTION-INLET TYPER

STEIL LIST
I • ·�1.V,UIIHD AIICHOII
J. ITEltL.t»--·
f-d' ,· z-fu•x.f r •• 7• f-•·
··-·· . • "' . II 2'-ll'"
z'-o• .. . • . • z•-••
z•-•• .. • • .. • ··-:a·
J'-o• . . J • ,, :a'-•·
I'-,· . • . ,. •• �.-
�-o• . . .. "' ,· �-
4�.· 4• •fx r-z+• • ,. . .f •"-•·
s'-o· • • .. • •• .. _ ...
.:...· .. H • • 4• .. -�·
fl-d' • Ir • n -¥' .._ ..

DRAIN NO. I
DIIAWN £ISA..

SCAL! NONE
ATTACHMENT 2
358
IJlfLET PER C.UE I OR II

R/W LINE
�
/
(SEE NOTE 3) ---,,;
/I ,
;I � f1
. WALXISEE NOTE2) )
1 I 1i I
1/ f..-11 I

SEE CURB
A
I 0-
� 11., ,,;
!I PLAN
TOP OF CUR8 NE
E.G.

R/W�
i----- PARKWAY WIDTH PER IMPROVEMENT PL.AN--,
NOTE:

FINISHED PARJCWAY GRA DE
I
P.C.C.WAU<(SEE NOTE Z )

SEE INLET
SEE NOTE 3

SECTION A-A
I
R/W

DROP INLET CATCH BASIN SECTIO N
R/W�
. n 2·-0· 1
OPEH om,, PER IYPRDYENarr"' • ...,.. ?
• WALK
�
I
�·- � � - '-6-2
I CASE Il INLET

GRADED DITCH SECTION

CURB PROFILE
a• NORMAL CURB FACE
F.L.
:IEE NOTE 3
.::t<NCIIIMAL T.C.GRADE UfE AS SHOWN ON PROFIL E

CURB PROFILE
s• NORMAL CURB FACE
I. TOP OF INLET SntUCTURE( CASE I ) TO BE FLUSH WITH ADJACEHT SURFACE. z. CONSTIIUCT Jt.c.c. WALK AND CWIB AND GUTTER AS SPECIFIED ON PLAN . MININWI REPLACEMENT OF WALK AND CUIIB AND GUTTER SHALL IIE FIIOM JOINT TO JOINT 01'1 As DIRECTED BY THE CITY EHGINEER.

SEE STD. DWG. 110 • .llia THE CONTRACT PRICE PAID FOR P.c.c. WALK ITEM SHALL INCLUDE WALK CONBTIIUCTED IN CONJUCTION WITH "AllllWAY CULVERT.
l. ONE CIIQLAII � � - Jl'LACKD llr A. l.OCAnDN OTHEIIWISL T HE J?.E SlillLL BE ALH� fOJNDlirr 4470 OR EQUAi. WITH 1Ht Sii& AS·S� ON ........... POii SIZES OTHP THAN s· xs,,,12 H SMALL IIE 10 AHO c.,: 0/ER PIPE SHALL 811!: �D 1• l'CII I • '4. ILET CASE TO H �llED ON INP'II� OR ...... l'LAN.
,.. AN&L£ " a • 11.0tMLS o• ulll.EIS OTHDIIIISJ Sf'ICPll:D. e. TTK,DNl!:NSIOIIS,AHD ELIYA.TIOIIS 0, P.C.C.Olla AMD lil1TTU PEii INPIIOVNENT PL.AH.

7. llfLESS OlHIDIWISE SPEOll'IED,,-11.INE APC> GIIATE l"Olt INLET CASIE t SHILL BE ALKAMIIIA FOUNDRY 14 • X z 4• 1"11'£ A.-24 22 IGALYAHIZtD) OR EOU&L , PLActO LEVEL.

B. CONCRETE SHALL BE CLAS S 5ZOC 2500.

ATTACHMENT 2
359
..

Costa Mesa City CouncilMarch 19, 2024

Costa Mesa City Council
March 19, 2024