Agenda packet — Costa Mesa City Council, June 18, 2024 (part 3 of 6)

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File #: 24-243 Meeting Date: 6/18/2024
Staff estimates that in FY 2024-2025, the total cost of fuel will be approximately $190,000 after accounting for increases in fuel prices based on Oil Price Information Services (OPIS) rates, a service that monitors and sets daily prices of wholesale fuel.

ALTERNATIVES:

The City Council may direct staff to conduct an independent formal bid to acquire fuel procurement and delivery services. However, this process is unlikely to obtain pricing below that of the City of Ventura’s agreement, due to the low volume of fuel purchased by the City.

FISCAL REVIEW:

Funding for fuel purchases is appropriated as part of the budget adoption in the Equipment Replacement Fund (601) Fuel Inventory account.

LEGAL REVIEW:

The City Attorney’soffice has reviewed this agenda report, prepared the agreement, and approved them both as to form.

CITY COUNCIL GOALS AND PRIORITIES:

This item supports the following City Council goals:
· Strengthen Public Safety and Keep the Community Safe. · Maintain and Enhance the City’s Infrastructure, Facilities, Equipment, and Technology.

CONCLUSION:

The use of the City of Ventura’sagreement is a cost-effective method of procuring fuel and delivery services from an established fuel vendor that will secure the City’sability to purchase fuel while meeting all the procurement provisions set forth by the City’s procurement policies.

Therefore, staff recommends the City Council:

1. Approve the proposed Agreement with Merrimac Petroleum, Inc., DBA Merrimac Energy Group, 1240 Wardlow Road, Long Beach, CA 90807, for the purchase and delivery of fuel in an annual amount not to exceed $250,000 based upon pricing through an agreement with the City of Ventura, Bid No. P-130000664, for an initial term of two (2) years effective July 1, 2024.

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

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1 Merrimac Petroleum Inc., dba Merrimac Energy Group

CITY OF COSTA MESA

AGREEMENT FOR DIESEL FUEL DELIVERY SERVICES
WITH
MERRIMAC PETROLEUM INC., DBA MERRIMAC ENERGY GROUP
T
HIS AGREEMENT FOR DIESEL FUEL SERVICES (“Agreement”) is made and entered into this 18th day of June, 2024 (“Effective Date”), by and between the CITY OF COSTA MESA, a municipal corporation (“City”), and MERRIMAC PETROLEUM INC., a California corporation DBA MERRIMAC ENERGY GROUP (“Contractor”).

RE
CITALS
A. C
ity proposes to utilize the services of Contractor as an independent contractor to pr
ovide diesel fuel delivery services, as more fully described herein; and B. S
ection 2-165 of the Costa Mesa Municipal Code permits the City to purchase services through competitively awarded agreements of other local, state or federal government agencies, a process known as “piggybacking”; and
C. The C
ity of San Buenaventura (“Ventura”) competitively awarded to Contractor an agr
eement for furnishing fuel to Ventura, Agreement No PW2201064 (“Ventura Contract”); and D. P
ursuant to the Ventura Contract, Contractor has agreed to extend the same pricing to the City; and
E. The C
ity desires to “piggyback” onto the pricing set forth in the Ventura Contract , and C
ontractor consents to such “piggybacking”; and
F. C
ity and Contractor desire to contract for diesel fuel delivery services and desire to set forth their rights, duties and liabilities in connection with the services to be performed; and G. Contractor represents that it has the experience and expertise to properly perform such services and holds all necessary licenses to practice and perform the services; and H. N o official or employee of City has a financial interest, within the provisions of Sections 1090-1092 of the California Government Code, in the subject matter of this Agreement.

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

1. 0. SERVICES PROVIDED BY CONTRACTOR

1. 1. Scope of Services. Contractor shall provide the services described in the Scope of Services, attached hereto as Exhibit “A” and incorporated herein (the “Services”). Contractor shall provide the Services in accordance with the requirements set forth in Exhibit A.

1.2 . Performance to Satisfaction of City . Contractor agrees to perform all Services to the complete satisfaction of City. Evaluations of the wor k will be done by City ’s Maintenance Services Manager or his or her designee. If the quality of work is not satisfactory, City in its discretion has the right to:

Attachment 4
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(a) Meet with Contractor to review the quality of the work and resolve the matters of concern;

(b) Require Contractor to repeat the work at no additional fee until it is satisfactory; and/or

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

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

1.5. Non-Exclusive Agreement . Contractor acknowledges that City may enter into agreements with other contractors for services similar to the Services in this Agreement or may have its own employees perform services similar to those Services contemplated by this Agreement.

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

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

2.0. COMPENSATION AND BILLING

2.1. Compensation. Contractor shall be paid in accordance with the fee schedule set forth in Exhibit B. Contractor’s annual compensation shall not exceed Two Hundred Fifty Thousand Dollars ($250,000.00).

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

2.3. Method of Billing. Contractor may submit invoices to the City for approval on a progress basis, but no more often than two times a month. Each invoice shall be based on the 547

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total of all Contractor’s services which have been completed to City’s sole satisfaction. City shall pay Contractor’s invoice within forty-five (45) days from the date City receives said invoice. Each invoice shall describe in detail, the Services performed, the date of performance, itemized prices, extended totals and such other information as may be requested by the City.

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

3.0. TIME OF PERFORMANCE

3.1. Commencement of Work. Contractor shall commence providing the Services on July 1, 2024 (“Service Commencement Date”). The Services shall be performed in strict compliance with Exhibit A.

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

4.0. TERM AND TERMINATION

4.1. Term. This Agreement shall commence on the Effective Date and continue for a period of two (2) years from the Service Commencement Date, ending on June 30, 2026, unless previously terminated as provided herein or as otherwise agreed to in writing by the parties.

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

4.3. Compensation. In the event of termination, City shall pay Contractor for reasonable costs incurred and Services satisfactorily performed up to and including the date of City’s written notice of termination.

5.0. INSURANCE

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

(a) Commercial general liability, including premises -operations, products/completed operations, broad form property damage, blanket contractual liability, independent contractors, personal injury or bodily injury with a policy limit of not less than Five Million Dollars ($ 5,000,000.00), combined single limits, per occurrence. If such insurance contains a general aggregate limit, it shall apply separately to this Agreement or shall 548

4 Merrimac Petroleum Inc., dba Merrimac Energy Group
be twice the required occurrence limit.

(b) Business automobile liability for owned vehicles, hired, and non- owned vehicles, with a policy limit of not less than Five Million Dollars ($5,000,000.00), combined single limits, per occurrence for bodily injury and property damage.

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.

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

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

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

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

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

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

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

5.4. Certificates of Insurance. Contractor shall provide to City certificates of insurance showing the insurance coverages and required endorsements described above, in a form and 549

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content approved by City, prior to performing any services under this Agreement.

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

6.0. GENERAL PROVISIONS

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

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

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

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

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

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

IF TO CONTRACTOR: IF TO CITY:

Merrimac Energy Group
1240 E. Wardlow Road
Long Beach, CA 90807
City of Costa Mesa
77 Fair Drive
Costa Mesa, CA 92626
Tel: (562) 427-6565 Tel: (714) 327-7499
Attn: Mary Hazelrigg Attn: Mike Tucker

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Courtesy copy to:

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

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

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

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

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

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

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

Notwithstanding the foregoing, the Contractor shall not be liable for the defense or indemnification of the City for claims, actions, complaints or suits arising out of the sole active negligence or willful misconduct of the City. This provision shall supersede and replace all other indemnity provisions 551

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contained either in the City ’s specifications or Contractor ’s Proposal, which shall be of no force and effect.

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

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

6.11. PERS Eligibility Indemnification. In the event that Contractor or any employee, agent, or subcontractor of Contractor providing services under this Agreement claims or is determined by a court of competent jurisdiction or the 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.

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

6.13. Conflict of Interest . Contractor and its officers, employees, associates and subcontractors, if any, will comply with all conflict of interest statutes of the State of California applicable to Contractor’s services under this Agreement, including, but not limited to, the Political Reform Act ( California Government Code Sections 81000, et seq.) and California Government Code Section 1090. During the term of this Agreement, Contractor and its officers, employees, associates and subcontractor s shall not, without the prior written approval of the City Representative, perform work for another person or entity for whom Contractor is not currently performing work that would require Contractor or one of its officers, employees, associates or 552

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subcontractors to abstain from a decision under this Agreement pursuant to a conflict of interest statute.

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

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

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

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

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

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

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

6.21. Amendments . Only a writing executed by the parties hereto or their respective successors and assigns may amend this Agreement.

6.22. Waiver. The delay or failure of either party at any time to require performance or compliance by the other of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any prov ision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is sought. The waiver of any right or remedy in respect to any 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.

6.23. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable in any circumstance, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending 553

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provision in any other circumstance. Notwithstanding the foregoing, if the value of this Agreement, based upon the substantial benefit of the bargain for any party, is materially impaired, which determination made by the presiding court or arbitrator of competent jurisdiction shall be binding, then both parties agree to substitute such provision(s) through good faith negotiations.

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

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

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

CONTRACTOR

__________________________________ Date: __________________________ Signature

__________________________________
[Name and Title]

CITY OF COSTA MESA

__________________________________ Date: __________________________ Lori Ann Farrell Harrison
City Manager

ATTEST:

__________________________________
Brenda Green
City Clerk

APPROVED AS TO FORM:

__________________________________ Date: __________________________ Kimberly Hall Barlow
City Attorney

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APPROVED AS TO INSURANCE:

__________________________________ Date: __________________________ Ruth Wang
Risk Management

APPROVED AS TO CONTENT:

__________________________________ Date: __________________________ Mike Tucker
Project Manager

DEPARTMENTAL APPROVAL:

__________________________________ Date: __________________________ Raja Sethuraman
Public Services Director

APPROVED AS TO PURCHASING:

__________________________________ Date: __________________________ Carol Molina
Finance Director

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EXHIBIT A

SCOPE OF SERVICES
556

Scope of Services

1. Introduction

1.1 Contractor is to provide Diesel Fuel to various City facilities. Contractor shall provide all fuel, diesel exhaust fluid, lubricants, transportation, labor, equipment and incidentals associated with the provision of fuel . Contractor shall provide an oil analysis program for all lubricants sold and a cost.

1.2 Service locations are detailed in Attachment 1. Service locations may be added or deleted and service hours modified at any time. Usage is not guaranteed. Usage figures, if provided, are approximations. Contractor is required to provide Diesel Fuel upon request by the City.

2. Fuel Specifications

2.1 CARB #2 Diesel – Red: The same specifications as CARB #2 Diesel – Clear (2.2) except for the red dye & dying process to denote usage for tax-exempt purposes.

2.2 CARB #2 Diesel – Clear: All diesel fuel sold for vehicular use in California must meet a 15 ppm maximum sulfur limit (Ultra Low), in addition to meeting all of the current low aromatics CARB diesel specifications. The definition of “vehicular use” in California includes on- highway vehicles and non- road vehicles such as agriculture and construction equipment.

CARB #2 Diesel – Clear may contain up to 5% bio.

3. Contractor Responsibilities

3.1 Contractor shall possess all Federal, State and Local permits, licenses and approvals necessary to provide goods/services set forth in this Scope of Services.

Any associated fees shall be the responsibility of the Contractor.

3.2 Contractor shall provide all transitional interfacing and continual uninterrupted services at the Effective Date.

3.3 Contractor shall provide current, applicable, and required Material Safety Data Sheet (MSDS) prior to award of the Agreement , or at any time during the Agreement as requested by City.

3.4 Contractor shall be held liable for any damage or criminal/civil citations which may occur as a result of any spills and/or accidents.

3.5 Contractor shall perform all deliveries and act in a safe and professional manner, adhering to all required Federal, State, & Local regulations for the handling and supply of Diesel Fuel.

3.6 Diesel Fuel must meet current fuel industry laws of Federal, State & local codes, requirements, standards and guidelines, including South Coast Air Quality Management District (SCAQMD); American Society of Testing and Materials 557

(ASTM) laws; Department of Transportation (DOT); Air Resources Board (ARB) regulations, Reid Vapor Pressure (RVP) requirements & regulations for the handling and supply of Diesel Fuel.

3.7 Contractor must commit to delivery as requested, at time stated on accepted orders.

3.8 Contractor’s delivery trucks must comply with the California Air Resources Board approved/certified Phase II Vapor Recovery Equipment Requirements. Proof of compliance shall be provided to the City upon request.

3.9 All drivers/delivery personnel shall be HAZMAT trained and certified in safety measures to prevent accidents endangering C ity personnel and property.

Hazardous Materials shall be clearly marked with the proper shipping name and identification number as required by the Department of Transportation.

3.10 Contractor shall be responsible for obtaining fuel reading and managing load inventory as requested by City.

3.11 Contractor shall provide, at Contractor’s cost, a 24-hour, toll free customer support telephone number and services for responding to all requests/orders for fuel, including telephone coverage on weekdays during normal business hours as well as 24-hour access phone number for emergency situations.

3.12 Contractor shall be responsible for all freight/delivery charges.

3.13 All deliveries of 4000+ gallons shall have temperature correction adjustments to sixty (60) degrees Fahrenheit based on refinery bill of lading.

3.14 Contractor shall perform full delivery of fuel within 48 hours after receipt of City’s order. Contractor shall provide a delivery metered ticket for each delivery of fuel; and the metered ticket must be signed and dated, and provided to the City at delivery.

3.15 Delivery truck driver shall stick each tank with a fuel tank gauge stick prior to offloading to ensure that adequate fuel storage is available to accept the entire shipment without spillage. Readings shall be taken by the driver prior to unloading fuel and after unloading fuel and shall be recorded on the delivery receipts. Each delivery truck must be equipped with a stick. Driver shall sign the delivery ticket at the time and place of delivery. One copy of each delivery ticket is to be mailed to the City at Costa Mesa Public Services Department -Equipment Maintenance, 77 Fair Drive, Costa Mesa, CA 92626, Attn: Katherine Rivas.

3.16 Spillage: The C ity requires “zero leakage” standard for fuel transfer operations.

Contractor shall provide necessary equipment and proper training of delivery personnel to prevent spillage or minimize the chance of spillage during connection and disconnection of hoses and during the transfer of fuel. Contractor will likewise ensure that all equipment, tools and procedures used are in compliance with all applicable specifications and regulations governing such operations. In the event of leakage or spil lage, it shall be the responsibility of the Contractor to perform immediate containment, clean up, disposal and restoration activities as necessary in accordance with applicable State of California laws and regulations and to the 558

City’s satisfaction. All material associated with such clean up shall be removed by the Contractor.

3.17 Contractor shall itemize applicable Federal and California fuel surcharges, Federal and State Excise Tax, and California State Sales Tax as separate line items when invoicing.

3.18 Contractor shall adhere to each City facility/location set delivery hours.

3.19 Usage Report: Contractor shall submit usage reports as requested by C ity within fourteen (14) days of such request. The usage report shall include all information requested by City, in a format specified by City.

4. City Responsibilities

4.1 Ordering departments or will coordinate delivery schedules with Contractor and specify details of each delivery location’s physical surroundings and/or limitations (i.e. secured & remote locations; no loading dock; narrow, winding or unpaved roads). Depending on the agreed schedule with the department, the Contractor is requested to deliver during off peak hours between 7:00 am and 4:00 pm.

4.2 City will work with Contractor on security clearance procedures that may be required for delivery drivers on high security facilities/locations.

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ATTACHMENT 1

SERVICE LOCATIONS
560
FACILITY TANK ID # ADDRESS POSITION CONTENTS

CAPACITY
(GALLONS)
ANNUAL
USAGE
(GALLONS)

MONITORING
SYSTEM
1 CITY CORPORATION
YARD 1 2310 PLACENTIA AVE UNDERGROUND RED DYE DIESEL 2,500 500 VEEDER ROOT TLS 350
2 CITY CORPORATION
YARD 2 2310 PLACENTIA AVE UNDERGROUND DIESEL 8,000 19,000 VEEDER ROOT TLS 350
3 POLICE GENERATOR 8 99 FAIR DRIVE ABOVE GROUND DIESEL 4,000 1,500 4 FIRE STATION 2 12 800 BAKER STREET UNDERGROUND DIESEL 1,000 4,800 TLS 300C 5 FIRE STATION 1 13 2803 Royal Palm ABOVE GROUND DIESEL 2,000 10,000 VEEDER ROOT TLS 350R
6 FIRE STATION 5 14 2450 VANGUARD WAY ABOVE GROUND DIESEL 1,000 12,500 VEEDER ROOT 7 FIRE STATION 6 15 3350 SAKIOKA DRIVE UNDERGROUND DIESEL 1,000 3,000 VEEDER ROOT TLS 300C
8 COMMUNICATIONS
GENERATOR 16 99 FAIR DRIVE ABOVE GROUND DIESEL 1,000 1,000 9 CITY HALL
GENERATOR 17 77 FAIR DRIVE ABOVE GROUND DIESEL 2,000 2,000 54,300
THE CITY OF COSTA MESA DIESEL FUEL TANKS
Total Annual Usage =
4/27/2022
561

EXHIBIT B

SCHEDULE OF COMPENSATION

562
From: Mary Hazelrigg
To: TUCKER, MIKE
Subject: price support/Merrimac Petroleum, Inc. contract Date: Wednesday, May 1, 2024 5:46:36 PM
Attachments: Ventura City of Merrimac Energy Agreement PW22-1064 072022 to 062026.pdf Good Afternoon Mike,
Merrimac can provide the City of Ventura contract as a piggyback contract for the purchase of diesel fuel for the City of Costa Mesa, Contract # PW22-1064 072022. This contract extends through June 2026.Pricing will be OPIS rack average + .079 cents per gallon for 5,000 + gallons per delivery.

We will start with this pricing effective July 1, 2024 or sooner; please advise.

Thank you, Mike.

Sincerely,
Mary

Mary Hazelrigg, President
Merrimac Energy Group
Phone - 562-420-6000
Toll-free - 800-900-4081
Fax - 562-420-6005
E-mail - [email protected]

CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Report any suspicious activities to the Information Technology Department. 563

EXHIBIT C

CITY COUNCIL POLICY 100-5

564

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;

SUBJECT

DRUG-FREE WORKPLACE
POLICY
NUMBER
100-5

EFFECTIVE
DATE
8-8-89

PAGE

1 of 3
565

SUBJECT

DRUG-FREE WORKPLACE
POLICY
NUMBER
100-5

EFFECTIVE
DATE
8-8-89
PAGE

2 of 3

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

1. The dangers of drug abuse in the workplace;

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

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

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

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

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

1. Abide by the terms of the statement; and

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

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

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

1. Taking appropriate 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;

566

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.

567

CITY OF COSTA MESA
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 24-244 Meeting Date: 6/18/2024
TITLE:

AWARD OF THE TRAFFIC SIGNAL MODIFICATION AT BAKER STREET AND BABB STREET, CITY PROJECT NO. 24-02, 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) 754-5335 RECOMMENDATION:

Staff recommends the City Council:

1. Make a finding of the California Environmental Quality Act (CEQA) categorical exemption pursuant to CEQA Guidelines Section 15301 and adopt plans, specifications, and working details for the Traffic Signal Modification at Baker Street and Babb Street, City Project No. 24-02.

2. Award a Public Works Agreement (PWA) for construction to Crosstown Electrical & Data, Inc., 5454 Diaz Street, Irwindale, CA 91706, in the amount of $292,787 and authorize an additional ten percent (10%) contingency totaling $29,279 as needed for unforeseen costs from Measure “M2” Fairshare (416) fund balance.

3. Authorize a budget adjustment to appropriate $60,537 from Fund 416 Measure “M2”Fairshare available fund balance to the project.

4. Authorize the City Manager and City Clerk to execute the PWA, and authorize the City Manager to execute future contract amendments within Council authorized limits.

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 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 goal of this project is to construct traffic signal modifications at the intersection of Baker Street at Babb Street that provides access to the nearby school and the surrounding community. The project will upgrade traffic signal operations with protected and permissive left turn phasing for eastbound

Page 1 of 3 ends

568
File #: 24-244 Meeting Date: 6/18/2024
will upgrade traffic signal operations with protected and permissive left turn phasing for eastbound and westbound left turns on Baker Street.

Congestion on Baker Street during the morning and afternoon hours has made eastbound and westbound left turn movements difficult, particularly during the morning peak period when students are arriving at the elementary school. This project improves safety for left turning vehicles and increases multi-modal safety with the implementation of better bicycle detection and timing, along with enhanced pedestrian timing.

The project improvements include but are not limited to, furnishing and installing new traffic signal poles and foundations, pull boxes, traffic signal conduit, conductors, and cabling. Construction also includes concrete sidewalk and curb ramp installations and the relocation of existing traffic signal equipment. The project’saim is to provide a fully functional and operating traffic signal system that addresses ongoing issues and enhances the timing for bicyclists and pedestrians.

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 for this project is available for review in the Office of the City Clerk.

ANALYSIS:

The City Clerk received and opened six (6) bids for this project on May 6, 2024. Crosstown Electrical & Data, Inc., the apparent lowest bidder, submitted a bid proposal in the amount of $292,787. The average of the six (6) bids received amounted to $320,654. The bid results are included as Attachment 1.

The license and references of Crosstown Electrical & Data, Inc. have been checked and staff has found them to be in good standing. Crosstown Electrical & Data, Inc. has successfully completed similar projects in Costa Mesa, which include the traffic signal installations at Sunflower Avenue at Anton Boulevard and closed circuit television (CCTV) installations throughout Costa Mesa.

Upon City Council award of the Public Works Agreement (Attachment 2), Crosstown Electrical & Data, Inc. 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 contract, a “Noticeto Proceed”will be issued.

Staff recommends that City Council award the contract to Crosstown Electrical & Data, Inc. as the lowest responsible bidder.

ALTERNATIVES:

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

FISCAL REVIEW:

The current available funding for this project has been appropriated from prior Capital Improvement

Page 2 of 3 ends

569
File #: 24-244 Meeting Date: 6/18/2024
Project (CIP) budgets approved by City Council using Measure “M2” Fairshare Fund (416).

Staff is requesting City Council approval for a budget adjustment to increase appropriation in the amount of $60,537 from the Measure “M2”Fairshare Fund (416) balance to cover the remaining project balance.

LEGAL REVIEW:

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

CITY COUNCIL GOALS AND PRIORITIES:

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

CONCLUSION:

Staff recommends the City Council:

3. Authorize a budget adjustment to appropriate $60,537 from Fund 416 Measure “M2”Fairshare available fund balance to the project.

4. Authorize the City Manager and City Clerk to execute the PWA, and authorize the City Manager to execute future contract amendments within Council authorized limits.

Page 3 of 3 ends

570

CITY OF COSTA MESA

PUBLIC SERVICES DEPARTMENT

TRAFFIC SIGNAL MODIFICATION AT BAKER STREET AND BABB STREET CITY PROJECT NO. 24-02
BID OPENING DATE: May 6, 2024
City Total Base Bid

1. Crosstown Electrical & Data, Inc Irwindale $292,787.00

2. Elencnor Belco Electric, Inc Chino $295,557.00

3. Select Electric Anaheim $313,879.00

4. Calpromax Engineering Placentia $319,000.00

5. Serviteck Electric Inc. Walnut $335,589.00

6. DBX, Inc. Irwindale $367,110.00
AVERAGE BID:

RESPONSIBLE LOW BIDDER:

BY:
$292,787.00
Crosstown Electrical & Data, Inc
Bidder
$320,653.67
PAGE 1 OF 2

CITY OF COSTA MESA

PUBLIC WORKS DEPARTMENT
Temecula
Servitek Electric, Inc.

ATTACHMENT 1
$320,654
$292,787 571
1 ATTACHMENT 2

CITY OF COSTA MESA

PUBLIC WORKS AGREEMENT FOR
CITY PROJECT NO. 24-02
THIS PUBLIC WORKS AGREEMENT (“Agreement”), dated June ___, 2024 (“Effective Date”), is made by the CITY OF COSTA MESA, a political subdivision of the State of California (“CITY”), and Crosstown Electrical & Data, Inc. a California Corporation (“CONTRACTOR”).

WHEREAS, CITY desires to construct the publi c improvements described below under Paragraph 1, Scope of Work (the “Project”); and
WHEREAS, CITY has determined that CONTRACTOR is the lowest responsible bidder; and
WHEREAS, CI TY now desire s to contract with CONTRACTOR to furnish construction and related services for the Project; and
WHEREAS, CITY and CONTRACTOR desire to set forth their rights, dutie s and liabilities in connection with the services to be performed.

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

1. SCOPE OF WORK.

The scope of work generally consists of modifying the existing traffic signal at the intersection of Baker Street and Babb Street to provide protected-permissive left turn phasing for eastbound and westbound traffic along Baker Street. Improvements include but are not limited to furnishing and installing of new signal poles and foundations, vehicle heads, pull boxes, traffic signal conduit, conductors and cable, sidewalk and curb ramp restoration and construction, loop detection, relocation of existing traffic signal equipment, and all work, materials and equipment required to provide operation as shown on the Plan and these Specifications. Work also includes potholing for the new traffic signal pole foundations (the “Work”).

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

The Project is known as the Traffic Signal Modification Project at Baker Street and Babb Street, City Project No. 24-02 (the “Project”).

2. CONTRACT DOCUMENTS.

The complete Agreement consist s of the following document s relating to the Project:
572
Project and Specification No. 24-02
2 (a) This Agreement;
(b) CONTRACTOR’s bid, attached hereto as Exhibit A and incorporated herein; (c) Bid package, including, but not limited to, notice inviting bids, complete plans, profiles, detailed drawings and specifications, general provisions, Addendum No. 1 (Dated May 2, 2024) 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; (e) Drug-Free Workplace Policy, attached hereto as Exhibit D and incorporated herein; and
(f) Provisions of the most current edition of The Greenbook: Standard Specifications for Public Works Construction (“The Greenbook”). Provisions of The Greenbook are incorporated by this reference as if fully set forth herein.

The documents comprising the complete Agreement will be referred to as the “Contract Documents.”
All of the Contract Documents are intended to complement one another, so that any Work called for in one and not mentioned in another is to be performed as if mentioned in all documents.

In the event of an inconsistency in the Contract Documents, the terms of this Agreement shall prevail over all other Contract Documents. The order of precedence between the remaining Contract Documents shall be as set forth in The Greenbook.

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

3. CITY’S REPRESENTATIVE.

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

4. CONTRACTOR’S PROJECT MANAGER; PERSONNEL.
(a) Project Manager. CONTRACTOR’s Project Manager must be approved by City. Such approval shall be at CITY’s sole discretion. (b) Personnel. CITY has the right to review and approve any personnel who are assigned to perform work under this Agreement. CONTRACTOR shall remove 573
Project and Specification No. 24-02
3 personnel from performing work under this Agreement if requested to do so by CITY.

This Paragraph 4 is a material provision of the Agreement.

5. SCHEDULE.

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

6. EQUIPMENT - PERFORMANCE OF WORK.

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

The equipment, apparatus, facilities, labor and material shall be furnished and such Work performed and completed as required in the plans and specifications to the satisfaction of the Project Manager or 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 hundred ninety-two thousand, seven-hundred eighty-seven dollars and no/100, ($292,787.00)

8. ADDITIONAL SERVICES.

CONTRACTOR shall not receive compensation for any services 303provided outside the scope of the Contract Documents unless such additional services, including change orders, are approved in writing by CITY prior to CONTRACTOR performing the additional services.

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

9. PAYMENTS TO CONTRACTOR.

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

A “Progress Payment Order” will then be jointly prepared, approved, and signed by the Project Manager and the CONTRACTOR setting forth the amount to be paid and 574
Project and Specification No. 24-02
4 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.

Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of the CITY. 575
Project and Specification No. 24-02
5 11. TIME OF PERFORMANCE.

CONTRACTOR shall commence Work by the date specified in CITY’s Notice to Proceed, unless a later date is agreed upon in writing by the parties. The Work shall be completed within 30 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 three thousand six-hundred dollars ($3,600.00) as liquidated damages for each calendar day beyond the date provided for the completion of such work. 576
Project and Specification No. 24-02
6 The parties hereto agree that the amount set forth above, as liquidated damages constitutes a fair and reasonable estimate of the costs the CITY would suffer for each day that the CONTRACTOR fails to meet the performance schedule. The parties hereby agree and acknowledge that the delays in the performance schedule will cause CITY to incur costs and expenses not contemplated by this Agreement.

14. PERFORMANCE BY SURETIES.

In the event CONTRACTOR fails or refuses to perform the Work, CITY may provide CONTRACTOR with a notice of intent to terminate as provided in Paragraph 12 (Termination), of this Agreement. CITY shall immediately give written notice of such intent to terminate to CONTRACTOR and CONTRACTOR’s surety or sureties, and the sureties shall have the right to take over and perform this Agreement; provided, however, that the sureties must, within five (5) days after CITY’s giving notice of termination, (a) give the CITY written notice of their intention to take over the performance of this Agreement; (b) provide adequate assurances, to the satisfaction of the CITY, that the Work shall be performed diligently and in a timely manner; and (c) must commence performance thereof within five (5) days after providing notice to the CITY of their intention to take over the Work. Upon the failure of the sureties to comply with the provisions set forth above, CITY may take over the Work and complete it, at the expense of CONTRACTOR, and the CONTRACTOR and the sureties shall be liable to CITY for any excess costs or damages including those referred to in Paragraph 13 (Liquidated Damages), incurred by CITY. In such event, CITY may, without liability for so doing, take possession of such materials, equipment, tools, appliances, Contract Documents and other property belonging to CONTRACTOR as may be on the site of the Work and reasonably necessary therefor and may use them to complete the Work.

15. DISPUTES PERTAINING TO PAYMENT FOR WORK.

Should any dispute arise respecting whether any delay is excusable, or its duration, or the value of the Work done, or of any Work omitted, or of any extra Work which CONTRACTOR may be required to do, or respecting any payment to CONTRACTOR during the performance of this Agreement, such dispute shall be decided by the Project Manager, and his or her decisions shall be final and binding upon CONTRACTOR and its sureties.

16. SUPERINTENDENCE BY CONTRACTOR.

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

17. INSPECTION BY CITY.

CONTRACTOR shall at all times maintain proper facilities and provide safe access for inspection by CITY to all parts of the Work and to all shops on or off-site where the 577
Project and Specification No. 24-02
7 Work or portions of the Work, are in preparation. CITY shall have the right of access to the premises for inspection at all times. However, CITY shall, at all times, comply with CONTRACTOR’s safety requirements on the job site.

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

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

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

19. CONTRACT SECURITY AND GUARANTEE.

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

Department of the Treasury Circular 570; and must be shown to have sufficient bonding capacity to provide the bonds required by the Contract Documents.

CONTRACTOR shall provide a certified copy of the certificate of authority of the surety issued by the Insurance Commissioner; a certificate from the clerk of the county in which the court or officer is located that the certificate of authority of the surety has not been surrendered, revoked, canceled, annulled, or suspended or, in the event that it has, that renewed authority has been granted; and copies of the surety’s most recent annual statement and quarterly statement filed with the Department of Insurance pursuant to Article 10 (commencing with Section 900) of Chapter 1 of Part 2 of Division 1 of the Insurance Code.

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

CONTRACTOR shall, at its own expense, make any and all repairs and replacements that shall become necessary as the result of any failure of the Work to conform to the aforementioned Contract Documents, and/or standard specifications; provided, however, that CONTRACTOR shall be obligated under this provision only to the extent of those 578
Project and Specification No. 24-02
8 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 performing on behalf of CONTRACTOR.

CITY does not, and shall not, waive any rights against CONTRACTOR which it 579
Project and Specification No. 24-02
9 may have by reason of the above hold harmless agreements, because of the acceptance by CITY or the deposit with CITY by CONTRACTOR of any or all of the insurance policies described in Paragraph 21 (Insurance) of this Agreement.

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

In the event that CONTRACTOR and CITY are sued by a third party for damages caused or allegedly caused by negligent or other wrongful conduct of CONTRACTOR, or by a dangerous condition of CITY’s property created by CONTRACTOR or existing while the property was under the control of CONTRACTOR, CONTRACTOR shall not be relieved of its indemnity obligation to CITY by any settlement with any such third party unless that settlement includes a full release and dismissal of all claims by the third party against the CITY.

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

CONTRACTOR shall obtain, maintain, and keep in full force and effect during the life of this Agreement all of the following minimum scope of insurance coverages with an insurance company admitted to do business in California, rated “A,” Class X, or better in the most recent Best’s Key Insurance Rating Guide, and approved by CITY:
(i) Commercial general liability, including premises-operations, products/completed operations, broad form property damage, blanket contractual liability, independent contractors, personal injury or bodily injury with a policy limit of not less than One Million Dollars ($1,000,000.00) per occurrence. If such insurance contains a general aggregate limit, it shall apply separately to this Agreement or shall be twice the required occurrence limit.
(ii) Business automobile liability for owned vehicles, hired, and non-owned vehicles, with a policy limit of not less than One Million Dollars 580
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10 ($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) Additional insureds: The City of Costa Mesa and its elected and appointed boards, officers, officials, agents, employees, and volunteers are additional insureds with respect to: liability arising out of activities performed by or on behalf of the CONTRACTOR pursuant to its contract with the City; products and completed operations of the CONTRACTOR; premises owned, occupied or used by the CONTRACTOR; automobiles owned, leased, hired, or borrowed by the CONTRACTOR.”
(ii) Notice: “Said policy shall not terminate, nor shall it be canceled nor the coverage reduced, until thirty (30) days after written notice is given to CITY.” (iii) Other Insurance: “CONTRACTOR’s insurance coverage shall be primary insurance as respects the City of Costa Mesa, its officers, officials, agents, employees, and volunteers. Any other insurance maintained by the City of 581
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11 Costa Mesa shall be excess and not contributing with the insurance provided by this policy.”
(c) Reporting Provisions. Any failure of CONTRACTOR to comply with the reporting provisions of the policies shall not affect coverage provided to the City of Costa Mesa, its officers, officials, agents, employees, and volunteers. (d) Insurance Applies Separately. CONTRACTOR’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.
(e) Deductible or Self-Insured Retention. If any of such policies provide for a deductible or self-insured retention to provide such coverage, the amount of such deductible or self-insured retention shall be approved in advance by CITY. No policy of insurance issued as to which the CITY is an additional insured shall contain a provision which requires that no insured except the named insured can satisfy any such deductible or self-insured retention.
(f) Proof of Insurance. Prior to commencement of the Work, CONTRACTOR shall furnish CITY, through the Project Manager, proof of compliance with the above insurance requirements in a form satisfactory to City’s Risk Management. (g) Non-Limiting. Nothing in this Paragraph 21 shall be construed as limiting in any way, the indemnification provision contained in this Agreement, or the extent to which Consultant may be held responsible for payments of damages to persons or property.

22. PREVAILING WAGE REQUIREMENTS.
(a) Prevailing Wage Laws. CONTRACTOR is aware of the requirements of Chapter 1 (beginning at Section 1720 et seq.) of Part 7 of Division 2 of the California Labor Code, as well as Title 8, Section 16000 et seq. of the California Code of Regulations (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. This Project is a “public works” project and requires compliance with the Prevailing Wage Laws. CONTRACTOR shall defend, indemnify and hold the CITY, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. (b) Payment of Prevailing Wages. CONTRACTOR shall pay the prevailing wage rates for all work performed under this Agreement. When any craft or classification is omitted from the general prevailing wage determinations, CONTRACTOR shall pay the wage rate of the craft or classification most closely related to the omitted classification. A copy of the general prevailing wage rate determination is on file in the Office of the City Clerk and is incorporated into this Agreement as if fully set forth herein. CONTRACTOR shall post a copy of such wage rates at all times at the project site(s). 582
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12 (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 employment, and wage and hours.
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13 24. DRUG-FREE WORKPLACE POLICY.

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

CONTRACTOR shall conform to all the requirements of CITY’s Policy No. 100-5, 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–DISCRIMINATION.

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

26. PROVISIONS CUMULATIVE.

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

27. NOTICES.

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

All other notices shall be in writing and delivered in person or sent by certified mail, postage prepaid. Notices required to be given to CITY pursuant to this Agreement shall be addressed as follows:

City of Costa Mesa
77 Fair Drive
Costa Mesa, CA 92626
Attn: Seung Yang
Notices required to be given to CONTRACTOR shall be addressed as follows:

Crosstown Electrical & Data, Inc.
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Project and Specification No. 24-02
14 5454 Diaz Street
Irwindale, CA 91706
Attn: David P. Heermance, President
Notices required to be given to CONTRACTOR’s sureties shall be addressed as follows:

Zurich Surety Claims
1299 Zurich Way
Schaumburg, IL 60196-1056
[email protected]
800-626-4577

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. PERS ELIGIBILITY INDEMNIFICATION.

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

Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, CONTRACTOR and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by CITY, including but not limited to eligibility to enroll in PERS as an employee of CITY and entitlement to any contribution to be paid by CITY for employer contribution and/or employee contributions for PERS benefits. 585
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15 30. VALIDITY.

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

31. GOVERNING LAW.

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

32. NO THIRD PARTY BENEFICIARY RIGHTS.

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

33. ASSIGNABILITY.

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

34. WAIVER.

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

35. HEADINGS.

Section and subsection headings are not to be considered part of this Agreement, are included solely for convenience, and are not intended to modify or explain or to be a full or accurate description of the content thereof.

36. CONSTRUCTION.

The parties have participated jointly in the negotiation and drafting of this Agreement and have had an adequate opportunity to review each and every provision of 586
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16 the Agreement and submit the same to counsel or other consultants for review and comment. In the event an ambiguity or question of intent or interpretation arises with respect to this Agreement, this Agreement shall be construed as if drafted jointly by the parties and in accordance with its fair meaning. There shall be no presumption or burden of proof favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement.

37. COUNTERPARTS.

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

38. CORPORATE AUTHORITY.

The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by doing so, the parties hereto are formally bound to the provisions of this Agreement. [Signature page follows.]
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17 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their respective authorized officers, as of the date first above written.

CITY OF COSTA MESA
A municipal corporation
__________________________________ Date: _____________________ Lori Ann Farrell Harrison
City Manager
CONTRACTOR – CROSSTOWN ELECTRICAL & DATA, INC.
__________________________________ Date: _____________________ Signature
__________________________________
Name and Title
ATTEST:
__________________________________ Date: _____________________ Brenda Green
City Clerk
APPROVED AS TO FORM:
__________________________________ Date: _____________________ Kimberly Hall Barlow
City Attorney
APPROVED AS TO INSURANCE:
__________________________________ Date: _____________________ Ruth Wang
Risk Management
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18 APPROVED AS TO PURCHASING:
__________________________________ Date: _____________________ Carol Molina
Finance Director
DEPARTMENTAL APPROVAL:
__________________________________ Date: _____________________ Raja Sethuraman
Public Works Director
__________________________________ Date: _____________________ Seung Yang
Project Manager
589

EXHIBIT A
CONTRACTOR’S BID
590
591
592
593
594
595
596
597
598
599
600
601
602
603
604
605

EXHIBIT B

BID PACKAGE
606

CITY OF COSTA MESA

ORANGE COUNTY, CALIFORNIA

NOTICE TO BIDDERS, PROPOSAL, CONTRACT, AND

SPECIAL PROVISIONS FOR

TRAFFIC SIGNAL MODIFICATION AT

BAKER STREET AND BABB STREET
CITY PROJECT NO. 24-02
Prepared Under the Direction of
Seung Yang, P.E.

City Engineer
In conjunction with
AGA Engineers, Inc.
211 Imperial Highway, Suite 208
Fullerton, CA 92835
(714) 992-4592
Ruben Perales, P.E.

License No. 83169
Copy No. ___________ Checked by 607
i

TABLE OF CONTENTS

PAGE NUMBER
TABLE OF CONTENTS .................................................................................................. i THRU v

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

SECTION B
INFORMATION FOR BIDDERS .................................................................................. B-1 1 PREPARATIONS OF BID FORM .................................................................. B-1 2 QUALIFICATION OF BIDDERS .................................................................... B-1 3 BID SECURITY ........................................................................................ B-1 4 NON-COLLUSION AFFIDAVIT .................................................................... B-1 5 SIGNATURE ............................................................................................ B-1 6 CORRECTIONS ....................................................................................... B-1 7 DELIVERY OF PROPOSAL ......................................................................... B-1 8 BID DEPOSIT RETURN.............................................................................. B-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-3 16 ADDENDA .............................................................................................. B-3 17 QUESTIONS TO THE ENGINEER ................................................................ B-3 18 EQUIVALENT MATERIALS ......................................................................... B-3 608
ii
Table of Contents
(CONTINUED)

PAGE NUMBER
19 EVIDENCE OF RESPONSIBILITY................................................................. B-3 20 LEGAL RESPONSIBILITIES ........................................................................ B-3 21 ANTI-DISCRIMINATION ............................................................................. B-4 22 DRUG-FREE WORKPLACE POLICY ............................................................. B-4 23 BID PROTEST PROCEDURES .................................................................... B-4 24 ASSEMBLY BILL 626 ................................................................................ B-4 REQUEST FOR INTERPRETATION OF CONTRACT DOCUMENTS ................................... B-6

SECTION C
PROPOSAL .......................................................................................... P-1 THRU P-11

SECTION D
GENERAL PROVISIONS ....................................................................................................... GP-1 1-2 T ERMS AND DEFINITIONS ...................................................................... GP-2 1-3 A BBREVIATIONS ................................................................................... GP-2 1-6 BIDDING AND SUBMISSION OF BID .......................................................... GP-3 1-6.1.1 R EQUEST FOR INTERPRETATION .......................................................... GP-3 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-4 1-7 AWARD AND EXECUTION OF THE CONTRACT ........................................... GP-5 1-7.1.1 E XECUTION OF THE AGREEMENT ........................................................... GP-5 1-7.2 C ONTRACT BONDS ............................................................................... GP-5 2-1 WORK TO BE DONE ............................................................................... GP-6 2-2 PERMITS .............................................................................................. GP-6 609
iii
Table of Contents
(CONTINUED)

PAGE NUMBER
2-5 THE CONTRACTOR’S EQUIPMENT AND FACILITIES .................................... GP-6 2-5.2 TEMPORARY UTILITY SERVICES ............................................................. GP-6 2-5.4 HAUL ROUTES ..................................................................................... GP-7 2-10 CHANGES INITIATED BY THE AGENCY .................................................... GP-8 2-8 EXTRA WORK ....................................................................................... GP-8 2-9 C HANGED CONDITIONS ....................................................................... GP-8 3-1 ASSIGNMENT........................................................................................ GP-8 3-4 AUTHORITY OF THE BOARD AND THE ENGINEER ...................................... GP-8 3-5 INSPECTION ........................................................................................ GP-9 3-6 THE CONTRACTOR’S REPRESENTATIVE ............................................... GP-10 3-7 CONTRACT DOCUMENTS ..................................................................... GP-10 3-10 SURVEYING ....................................................................................... GP-11 3-10.3 LINE AND GRADE ............................................................................... GP-11 3-12 WORK SITE MAINTENANCE .................................................................. GP-11 3-12.2 AIR POLLUTION CONTROL .................................................................... GP-12 3-12.6 WATER POLLUTION CONTROL .............................................................. GP-12 3-12.6.2 BEST MANAGEMENT PRACTICES (BMP’S) ............................................. GP-13 3-12.6.3 STORM WATER POLLUTION PREVENTION PLAN (SWPPP) ...................... GP-13 3-12.6.4 DEWATERING ..................................................................................... GP-14 3-13.3 WARRANTY ....................................................................................... GP-15 4-4 TESTING ........................................................................................... GP-15 5-1 LAWS AND REGULATIONS ................................................................... GP-16 5-2 SPECIAL NOTICES .............................................................................. GP-16 5-3 LABOR .............................................................................................. GP-16 610
iv
Table of Contents
(CONTINUED)

PAGE NUMBER
5-3.3 PAYROLL RECORDS ........................................................................... GP-16 5-3.5 APPRENTICES ................................................................................... GP-16 5-4 INSURANCE ....................................................................................... GP-17 5-7 SAFETY ............................................................................................. GP-17 5-7.1 WORK SITE SAFETY ........................................................................... GP-17 5-7.8 S TEEL PLATE COVERS ...................................................................... GP-18 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF THE WORK ........... GP-18 6-1.1 CONSTRUCTION SCHEDULE ................................................................ GP-18 6-1.3 DAILY REPORT SUBMITTAL .................................................................. GP-19 6-3 TIME OF COMPLETION ........................................................................ GP-19 6-5 USE OF IMPROVEMENT DURING CONSTRUCTION .................................. GP-19 6-7 TERMINATION OF THE CONTRACT FOR DEFAULT .................................... GP-19 6-7.3 NOTICE OF TERMINATION FOR DEFAULT ............................................... GP-19 6-7.4 RESPONSIBILITY OF SURETY ............................................................... GP-19 6-9 LIQUIDATED DAMAGES ....................................................................... GP-20 7-3 PAYMENT .......................................................................................... GP-20 7-3.2 PARTIAL AND FINAL PAYMENT ............................................................. GP-20 7-3.2.1 PROMPT PROGRESS PAYMENT TO SUBCONTRACTORS .......................... GP-22 7-3.2.2 PROMPT PAY MONITORING AND ENFORCEMENT OF PROGRESS PAYMENTS ........................................................................................ GP-22 7-3.3 DELIVERED MATERIALS ...................................................................... GP-23 7-3.4 MOBILIZATION ................................................................................... GP-23 7-3.4.1 TRAVEL ROUTE AND TRUCKING AN EQUIPMENT .................................... GP-24 611
v
Table of Contents
(CONTINUED)

PAGE NUMBER
7-3.4.2 CONSTRUCTION SEQUENCE/ORDER OF WORK ..................................... GP-24 7-4 PAYMENT FOR EXTRA WORK ............................................................... GP-24 7-4.2 BASIS FOR ESTABLISHING COSTS ........................................................ GP-24 7-4.2.1 LABOR .............................................................................................. GP-24 7-4.3 MARKUPS ......................................................................................... GP-25 7-4.3.1 WORK BY THE CONTRACTOR .............................................................. GP-25 7-4.3.2 WORK BY A SUBCONTRACTOR ............................................................ GP-25 7-6 SUMMARY OF PUBLIC CONTRACT CODE § 9204…………………………. GP-25

SECTION E
SPECIAL PROVISIONS ........................................................................ SP-1 THRU SP-56

SECTION F

MISCELLANEOUS CONTRACT DOCUMENTS (SAMPLE)
1 A GREEMENT (SAMPLE) .................................................................. 22 PAGES 2 C OUNCIL POLICY ............................................................................ 3 PAGES 3 B ONDS ........................................................................................... 2 PAGES 4 I NSURANCE (SAMPLE) ..................................................................... 2 PAGES 5 P ERMIT APPLICATION ........................................................................ 1 PAGE 6 APPLICATION FOR BUSINESS LICENSE ............................................... 1 PAGE

SECTION G

APPENDICES
APPENDIX “A” PROJECT LOCATION AND MAP ......................................................................... 1 PAGE APPENDIX “B” TRAFFIC SIGNAL MODIFICATION ENGINEERING DESIGN PLANS ...................... 2 SHEETS APPENDIX “C” CITY AND CALTRANS STANDARD DRAWINGS ................................................ 49 PAGES 612
N-1

CITY OF COSTA MESA

ORANGE COUNTY, CALIFORNIA

NOTICE INVITING BIDS
NOTICE IS HEREBY GIVEN that the City of Costa Mesa (“City”) invites sealed bids, to be submitted electronically only, for the following project:

TRAFFIC SIGNAL MODIFICATION AT BAKER STREET AND BABB STREET, CITY PROJECT NO. 24-02

1. BID SUBMISSION AND OPENING: Bids must be submitted electronically via the City of Costa Mesa’s PlanetBids portal before the deadline of 4:00 P.M., Monday, May 6, 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 modifying the existing traffic signal at the intersection of Baker Street and Babb Street to provide protected- permissive left turn phasing for eastbound and westbound traffic along Baker Street. Improvements include but are not limited to furnishing and installing of new signal poles and foundations, vehicle heads, pull boxes, traffic signal conduit, conductors and cable, sidewalk and curb ramp restoration and construction, loop detection, relocation of existing traffic signal equipment, and all work, materials and equipment required to provide operation as shown on the Plan and these Specifications. Work also includes potholing for the new traffic signal pole foundations.

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) or Class “C-10” (Electrical) issued by the California Contractors State License Board is required at the time the contract is awarded pursuant to California Public Contract 613
N-2
Code section 3300. Each bidder must also be qualified as required by law at the time of the bid opening.

7. REGISTRATION WITH THE DEPARTMENT OF INDUSTRIAL RELATIONS: Pursuant to Labor Code sections 1725.5 and 1771.1, no contractor or subcontractor shall be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work unless registered and qualified pursuant to Labor Code section 1725.5.

8. PREVAILING WAGES: This project is a “public work” subject to prevailing wage requirements.

Pursuant to provisions of Sections 1770 et seq. of the California Labor Code, all works employed on the project shall be paid not less than the general prevailing rate of per diem wages, as determined by the Director of the Department of Industrial Relations (DIR) for work of a similar character in the locality in which the work is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. Copies of the prevailing rate of per diem wages are on file with Costa Mesa Public Services Department and are available to any interested party upon request. The applicable State prevailing wages are also set forth on the Department of Industrial Relations’ website: http://www.dir.ca.gov; these rates are subject to predetermined increases. The prime contractor shall post a copy of the DIR’s determination of the prevailing rate of per diem wages at each job site. This project is subject to compliance monitoring and enforcement by the DIR.

9. PAYMENT BOND AND PERFORMANCE BOND: A Payment Bond and a Performance Bond, each in the amount of 100% of the contract amount, will be required of the successful bidder prior to award of the contract.

10. RETENTION: The City withholds five percent (5%) of each progress payment as retention. Pursuant to Public Contract Code section 22300, the successful bidder may substitute certain securities for money withheld by the City to ensure performance of the contract. At the request and expense of the contractor, securities equivalent to the amount withheld shall be deposited with the public agency, or with a state or federally chartered bank in this state as the escrow agent, who shall then pay those moneys to the contractor. Securities will be returned to the contractor upon satisfactory completion of the contract.

11. NON-DISCRIMINATION: The bidding process and contract are subject to State and Federal non- discrimination requirements, including but not limited to the requirement that no person or business shall discriminate on the basis of race, color, national origin, ancestry, religious creed, physical disability, mental disability, medical condition, marital status, sex, gender, gender expression, gender identity, sexual orientation, age, or military or veteran status in its solicitation, selection, hiring, or treatment of individuals or businesses in connection with the bidding process or work performed for the City in connection with the project.

12. CITY’S RIGHT TO REJECT BIDS: The City of Costa Mesa reserves the right, in its sole discretion, to reject any or all bids, or to waive any minor irregularities or informalities in any bid.

13. ADDITIONAL REQUIREMENTS: This project is subject to local, State, and Federal regulations and requirements, as detailed in the bid documents.

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: April 4, 2024
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Project and Specification No. 24-02
B-1

INFORMATION FOR BIDDERS

1. PREPARATION OF BID FORM: The City of Costa Mesa (City) requires that bids be submitted on the proposal available on PlanetBids at such time and place as is stated in the Notice Inviting Bids. All information requested in the bid forms must be provided. All bids shall be submitted electronically via the City’s public bidding platform, PlanetBids only. No other form of submittal shall be accepted . It is the sole responsibility of the Bidder to see that his bid is received in proper time. Any bid received after the scheduled closing time for receipt of bids will be rejected. Each Bidder is responsible for acknowledging all addenda.

2. QUALIFICATION OF BIDDERS: Each Bidder shall submit a list of Construction Project References indicating Public Works and/or similar construction projects completed or in progress within the last 24 months. Forms for this purpose are furnished with the bid package.

3. BID SECURITY / BID BOND: Each bid shall be accompanied by 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 615
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return of executed copies of the Agreement, whichever first occurs, at which time the deposits will be returned.

9. TAXES: No mention shall be made in the proposal of Sales Tax, Use Tax or any other tax, as all amounts bid will be deemed and held to include any such taxes which may be applicable.

10. WITHDRAWAL OF BIDS: Any bidder may withdraw his bid either personally, by written request, or by telegraphic request confirmed in the manner specified above at any time prior to the scheduled closing time for receipt of bids.

11. AGREEMENT AND BONDS: The Agreement form, which the successful bidder, as Contractor, will be required to execute, and the forms and amounts of surety bonds and Certificate of Insurance which he will be required to furnish prior to the execution of the Agreement, are included in the Contract Documents and should be carefully examined by the Bidder. The successful Bidder will be required to submit THREE (3) executed copies of the Agreement, the Performance Bond, the Payment Bond and the Certificate of Insurance. Payment and performance bonds shall be issued by a surety who is listed in the latest revision of U.S. Department of Treasury Circular 570 and Code of Civil Procedure Section 995.120. The Performance Bond and the Payment Bond shall be signed by both, the Bidder and the Surety; and both signatures shall be notarized.

12. FORFEITURE FOR FAILURE TO POST SECURITY AND EXECUTE AGREEMENT:

In the event the Bidder to whom the Notice of Intent to Award Contract is given fails or refuses to post the required bonds and Certificate of Insurance and return executed copies of the Agreement within fourteen (14) calendar days after notification, the City may declare the Bidder's bid deposit or bond forfeited as damages caused by the failure of the bidder to post such security and execute such copies of the Agreement, and may give Notice of Intent to Award Contract to the next lowest responsive and responsible bidder, or may call for new bids.

13. BIDDERS INTERESTED IN MORE THAN ONE BID: No person, firm or corporation shall be allowed to make, or file or be interested in more than one bid for the same work unless alternate bids are specifically called for.

14. EXAMINATION OF SITE AND CONTRACT DOCUMENTS: Each bidder shall visit the site of the proposed work and fully acquaint himself 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.
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15. INTERPRETATION OF PLANS AND DOCUMENTS: If any Bidder contemplating submitting a bid for the proposed contract is in doubt as to the true meaning of any part of the drawings, specifications, or other Contract Documents, or finds discrepancies in, or omissions from the drawings and specifications, it may submit to the Engineer a written request for an interpretation or correction thereof. The Bidder submitting the Request for Interpretation (RFI) shall be responsible for its prompt delivery and on the form included within this IFB (Page B-6) Any interpretation or correction of the Contract Documents will be made only by addendum duly issued and a copy of such addendum will be mailed or delivered to each person receiving a set of the Contract Documents. No person is authorized to make any oral interpretation of any provision in the Contract Documents to any Bidder, and no Bidder is authorized to rely on any such unauthorized oral interpretation.

16. ADDENDA: The effect of all addenda to the Contract Documents shall be considered in the bid package and said addenda shall be made part of the Contract Documents and shall be returned with the bid package. Failure to submit any such addenda with the bid package may render the bid irregular and result in its rejection by the City.

17. QUESTIONS TO THE ENGINEER: Questions regarding the bid documents (i.e.

Plans, Specifications, Contract Documents, Bid Forms, etc.) will be received by the Engineer up to five (5) working days prior to the bid opening as specified in the Notice Inviting Bids. Questions asked of the Engineer after this time will not be addressed.

18. EQUIVALENT MATERIALS: Requests for the use of equivalents to those specified, must be submitted to the City. Only substitutions approved prior to bid due date via addenda Product Substitutions, will be considered. No substitutions will be considered after bid due date and contract award. It is the sole responsibility of the successful bidder to prove to the City that such a material is truly an equivalent.

19. EVIDENCE OF RESPONSIBILITY: Upon the request of the City, a bidder whose bid is under consideration for the award of the contract shall submit promptly to the City satisfactory evidence showing the Bidder's financial resources, its construction experience, and its organization and plant facilities available for the performance of the contract.

20. LEGAL RESPONSIBILITIES: All proposals must be submitted, filed, made and executed in accordance with State and Federal laws relating to bids for contracts of this nature whether the same or expressly referred to herein or not. Any Bidder submitting a proposal shall by such action thereby agree to each and all of the terms, conditions, provisions and requirements set forth, contemplated and referred to in the Plans, Specifications and other Contract Documents, and to full compliance therewith. Additionally, any Bidder submitting a proposal shall, by such action thereby, agree to pay at least the minimum prevailing per diem wages as provided in Section 1773, et. seq. of the Labor Code for each craft, classification or type of workman required as set forth by the Director of Industrial Relations of the State of California.
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21. ANTI-DISCRIMINATION: It is the policy of the City that in connection with all work performed under contracts, there be no discrimination against any prospective or active employee engaged in the work because of race, color, ancestry, national origin, religious creed, sex, age, or marital status. The Contractor agrees to comply with applicable Federal and California laws including, but not limited to, the California Fair Employment Practice Act, beginning with Government Code Section 12900, and Labor Code Section 1735. In addition, the Contractor agrees to require like compliance by any subcontractors employed on the work by him/her.

22. DRUG-FREE WORKPLACE POLICY: Contractor, upon notification of contract award, shall establish a Drug-Free Awareness Program to inform employees of the dangers of drug abuse in the workplace, the penalties that may be imposed upon employees for drug abuse violations occurring in the workplace, and the employee assistance programs available to employees. Each employee engaged in the performance of a City contract must be notified of this Drug-Free Awareness Program, and must abide by its terms. Contractor shall conform to all the requirements of City's Policy No. 100-5. Failure to establish a program, notify employees, or inform the City of a drug-related workplace conviction will constitute a material breach of contract and cause for immediate termination of the contract by the City.

23. BID PROTEST PROCEDURES: Any bid protest must be submitted in writing before 5:00 PM of the 5th business day following bid openings. The initial protest document shall contain a complete statement of the basis for the protest. The protest shall refer to the specific portion of the document which forms the basis for the protest. The protest shall include the name, address and telephone number of the person representing the protesting party. The party filing the protest shall concurrently transmit a copy of the initial protest document and any attached documentation to all other parties with a direct financial interest which may be adversely affected by the outcome of the protest. Such parties shall include all other Bidders or proposers who appear to have a reasonable prospect of receiving an award depending upon the outcome of the protest. Upon receipt of a bid protest, the matter shall be reviewed by the Public Services Director, whose decision shall be final. This procedure supersedes the procedure of appeal outlined in City of Costa Mesa Municipal Code Section 2-303.

24. ASSEMBLY BILL 626: Assembly Bill 626 (AB 626), adds section 9204 to the Public Contract Code creating a claims resolution process applicable to any claim (as defined) by a contractor against a public entity filed in connection with a public works project. Section 9204 applies to public works contracts entered into on and after January 1, 2017. The legislation was supposed to sunset (end) on January 1, 2020, unless extended by subsequent legislation. The summary of Section 9204 is specified as follows:

In the event of any dispute or controversy with the City over any matter whatsoever, the Contractor shall not cause any delay or cessation in or of Work, but shall proceed with the performance of the Work in dispute. The Contractor shall retain any and all rights provided that pertain to the resolution of disputes and protests between the parties. The Disputed Work will be categorized as an “unresolved dispute” and 618
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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. 619
Project and Specification No. 24-02
B-6

REQUEST FOR INTERPRETATION OF CONTRACT DOCUMENTS
Date:

Time:

Company:

Contact Person:

Address:

Telephone: FAX:

Plan Sheet:

Specification Section:

INTERPRETATION REQUESTED:

REPLY:

T0 A/E:
620
P-1

SECTION C

PROPOSAL

FOR THE

TRAFFIC SIGNAL MODIFICATION AT BAKER STREET AND BABB STREET, CITY PROJECT NO. 24-02
The Honorable City Council
City of Costa Mesa
77 Fair Drive
Costa Mesa, CA 92626
Dear Council Members:

In compliance with the NOTICE INVITING BIDS FOR THE TRAFFIC SIGNAL MODIFICATION AT BAKER STREET AND BABB STREET, CITY PROJECT NO. 24-02, 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 all preparatory work such as potholing, submittals, ordering long-lead materials, etc. within ten (10) business days after Notice to Proceed for Construction and commence the construction Work under the Contract WITHIN TWENTY (20) WEEKS AFTER THE NOTICE TO PROCEED FOR CONSTRUCTION, AND COMPLETE SAID WORK WITHIN THIRTY (30) 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:
621
P-2
___________________________________________________________________ ___________________________________________________________________ The award of the Contract shall be based on the lowest responsive Bid amount, and the City reserves the right to delete one or more bid items and/or to increase and/or to decrease bid items’ quantities.

The CITY also reserves the right to reject all Bids.
_____________
Bidder's Initials

BID SCHEDULE PROPOSAL
ITEM
# BID ITEM DESCRIPTION QTY. UNIT
UNIT
PRICE
(in figures)
ITEMS
TOTAL
(in figures)
1 Mobilization and Demobilization. 1 L.S.
2 Additional Work Items (i.e., Unforeseen
Items and / or Work Requested by the
Engineer)
1 F.A. $25,000 $25,000
3 Implement Traffic Control, including all
Equipment, Material, Labor, and Set Up
(includes removal at the end of the project).
1 L.S.
*4
Furnish, Install, and Perform New Traffic
Signal Modification at Baker St. & Babb St.,
including all Appurtenant Material,
Equipment, Labor, and Construction to
Produce a Full Functioning Traffic Signal
System that is Connected and Fully
Communicates with the City’s Traffic
Management Center (TMC)*
1 L.S.
*5
Complete all Signing, Striping, and Markings
per Plan. This bid item includes all Materials
and Labor.*
1 L.S.

TOTAL BID PROPOSAL FIGURES: $
TOTAL BID PROPOSAL (Words):

P-1b 622
P-3

PROPOSAL BID SCHEDULE
(CONTINUED)
NOTES:

1. The accuracy of estimate quantities as shown is not guaranteed; the Bidder shall make his/her own estimate from the drawings and field review for verification. If the unit price and the total amount are different, the unit price will control the bid.

Payment shall be based on actual work done and/or actual quantities used.

2. The City reserves the right to delete one or more bid items and/or to increase or decrease bid items’ quantities, at no additional cost to the City.

3. FA designates force account. Payment shall be made on a time and materials basis, only if directed by the ENGINEER.

4. (*) Schedule of Values shall be submitted before 4:00 PM of the 4 th business day following the bid opening. Price includes the indirect cost mark up.

5. (F) Designates Final Pay Item. When an item of work is designated as “FINAL PAY ITEM” in the Specifications, the estimated quantity for that item of work shall be the final pay quantity, unless the dimensions of any portion of that item are revised by the Engineer, or the item or any portion of the item is eliminated. If the dimensions of any portion of the item are revised, and the revisions result in an increase or decrease in the estimated quantity of that item of work, the final pay quantity for the item will be revised in the amount represented by the changes in the dimensions. If a final pay item is eliminated, the estimated quantity for the item will be eliminated.

If a portion of a final pay item is eliminated, the final pay quantity will be revised in the amount represented by the eliminated portion of the item of work.

The estimated quantity for each item of work designated as “FINAL PAY ITEM” in the Specifications, shall be considered as approximate only, and no guarantee is made that the quantity which can be determined by computations, based on the details and dimensions shown on the plans, will equal the estimated quantity. No allowance will be made in the event that the quantity based on computations does not equal the estimated quantity.

In case of discrepancy between the quantity shown in the Engineer’s Estimate for a final pay item and the quantity or summation of quantities for the same item shown on the plans, payment will be based on the quantity shown in the Engineer’s Estimate.

6. Bidder declares that it has read and understands Items 14 & 15 of Information for Bidders (Page B-2 and B-3).

7. Bidder agrees to initial or notarize (if applicable) all proposal pages where initials are required to be uploaded onto PlanetBids.
_____________
Bidder's Initials
P-1c 623
Project and Specification No. 24-02
P-2 PROPOSAL SCHEDULE

PROPOSAL SCHEDULE
(CONTINUED)
(Please Type or Print)
Total Amount for Base Bid (in written words)
($ )
in figures
Contractor's Lawful Name: _______________________________________________ Bidder's Name: Bidder's Initials:

Contractor's License No. Expiration:

Contractor's Taxpayer I.D. Number:

Contractor's DIR Registration Number:

Signature: Date:

Contractor's Address:

Telephone Number:( ) Mobile No.:( ) ___________ Fax Number: ( ) E-mail:
24-Hour Emergency Contacts:

Telephone Number: ( )
Name
Mobile No.: ( ) ________________
Telephone No.: ( )
Name
Mobile No.: ( ) ________________
Telephone No.: ( )
Name
Mobile No.: ( ) ________________
_____________
Bidder's Initials
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Project and Specification No. 24-02
P-2a PROPOSAL SCHEDULE

PROPOSAL SCHEDULE
(CONTINUED)
The Contractor agrees that the City will not be held responsible if any of the approximate quantities shown in the foregoing proposal shall be found incorrect, and he shall not make any claim for damages or for loss of profits because of a difference between the quantities of the various classes of work as estimated and the work actually done. If any error, omission or misstatements shall be discovered in the estimated quantities, it shall not invalidate this contract or release the Contractor from the execution and completion of the whole or part of the work herein specified, in accordance with the specifications and the plans herein mentioned and the prices herein agreed upon and fixed therefore, or excuse him from any of the obligations or liabilities hereunder, or entitle him to any damages or compensation otherwise than as provided for in this contract.

The Contractor agrees that the City shall have the right to increase or decrease the quantity of any bid item or portion of the work or to omit portions of the work as may be deemed necessary or expedient, and that the payment for incidental items or work, not separately provided in the proposal shall be considered included in the price bid for other various items or work.

Accompanying this proposal is "Cash," "Certified Check," or "Bidder's Bond" (circle one) in the amount of
($ ) equal to at least ten (10%) percent of the total bid price, payable to the City of Costa Mesa, to guarantee that within fourteen (14) days after written notice is deposited in the mail, or the bidder has received notice by telephone, the bidder will furnish proper Certificates of Insurance, and required bonds satisfactory to the City and execute a contract in accordance with the proposal and in the manner and form required by the contract documents.

The undersigned deposits the above-named security as a proposal guarantee and agrees that it shall be forfeited to the City of Costa Mesa as Liquidated Damages if the above requirements are not complied with.
_____________
Bidder's Initials
625
Project and Specification No. 24-02
P-3 PROPOSAL SCHEDULE
Respectfully Submitted,
Contractor's Business Name Contractor Title Business Address: Street Singed By Title City State Zip Contractor's License No. and Classification Exp. Date Business Phone Number Date
Name Title Residence: Street
City State Zip Residence phone Number If the bid is by a corporation, state the names of the officers who can sign an agreement on behalf of the corporation and whether more than one officer must sign.

Corporation Taxpayer I.D. Number:

Can Sign Must Sign
Name
Name
Name
If the bid is by a partnership or a joint venture, state the names and addresses of all general partners and joint ventures.

Partnership or Joint Ventures Taxpayer I.D. Number:

Name
Address
Name
Address
If the bidder is a sole proprietorship or another entity that does business under a fictitious name, the bid shall be in the real name of the bidder with a designation following showing "DBA (the fictitious name)"; provided, however, no fictitious name shall be used unless there is a current registration with the Orange County Recorder.

The full names and residences of all persons and parties interested in the foregoing proposal, as principals, are as follows:

NOTE: Give first and last names in full; in case of corporation, give names of President, Secretary, Treasurer and Manager, and affix corporate seal; in case of partnerships and joint ventures, give names of all the individual members. _____________
Bidder's Initials
626
Project and Specification No. 24-02
P-4 CONSTRUCTION REFERENCES
Bidder shall signify receipt of all Addenda here, if any:

Addendum No. Date Received Bidder's Signature

CONSTRUCTION PROJECT REFERENCES
In order to more fully evaluate your firm’s background and experience for the project herein proposed, it is requested that you submit a list of Public Works and/or similar construction projects completed, or in progress, within the last 24 months. This information will be used to evaluate whether the bid is responsive and or responsible to the call for bids.

Date Project Awarded
Awarding Agency Agency's Contract
Administrator Contact
Information
____________
Bidder's Initials
627
Project and Specification No. 24-02
P-5 SUBCONTRACTOR DESIGNATION

DESIGNATION OF SUBCONTRACTORS
In compliance with the "Subletting and Subcontracting Fair Practices Act" being Sections 4100-4113 of the Public Contract Code of the State of California, and any amendments thereto, each bidder shall set forth below the name and location of the place of business of each subcontractor who will perform work or labor or render service to the prime contractor in or about the construction of the work or improvement in an amount in excess of one-half (½) of one percent (1%) of the prime contractor's total bid or in the case of bids for the construction of streets or highways, including bridges, in excess of one-half (½) of one percent (1%) of the prime contractor’s total bid or ten thousand ($10,000) dollars, whichever is greater. Bidder shall further set forth the portion of the work, which will be done by each such subcontractor with its Department of Industrial Relations (DIR) registration number. Only one subcontractor for each such portion shall be listed.

If the contractor fails to specify a subcontractor for any portion of the work to be performed under the contract, he/she/it shall be deemed to have agreed to perform the balance of all work, which is not covered, and he/she/it shall not be permitted to subcontract that portion of the work except under the conditions hereinafter set forth.

Subletting or subcontracting of any portion of the work to which no subcontractor was designated in the original bid, shall only be permitted in cases of public emergency or necessity, and then only after a finding reduced to writing as a public record of the Legislative Body of the Owner.

All information must be filled out and typed. Please use additional pages in this format if needed.

Bid
Item (s)
Number
%
Portion
of Work
Name, Address and E-mail of
Subcontractor
State License
Number
Class DIR Registration
Number
By submission of this proposal, the Bidder certifies:

1. That (I)(we)(it) is able to and will perform the balance of all work which is not covered in the above subcontractors listing.

2. That the AGENCY will be furnished copies of all subcontracts entered into by subcontractor for this project.
_____________
Bidder's Initials
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Project and Specification No. 24-02
P-6 BIDDERS BOND

BIDDER'S BOND TO ACCOMPANY PROPOSAL
(Required if the bidder desires to submit bond instead of a certified or cashier's check.) KNOW ALL PEOPLE BY THESE PRESENTS:

That we, as
principals, and _______________________________________________________ as surety, are held and firmly bound unto the City of Costa Mesa, a municipal corporation, organized under the laws of the State of California and situated in Orange County in the sum of ________________________________________________ ($_____________) to be paid to the City, its successors and assigns, for which payment well and truly to be made, we bind ourselves, our heirs, executors, and administrators, successors or assigns, jointly and severally firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH,
That is the certain proposal of the above bounden, _____________________, if accepted by the City of Costa Mesa, and if the above bounden, ________________________________________, his heirs, executors, administrators, successors and assigns, shall duly enter into and execute a contract for such construction, and shall execute and deliver the CERTIFICATE OF INSURANCE and the LABOR AND MATERIAL and the FAITHFUL PERFORMANCE BONDS described within fourteen (14) days from the date of the mailing of a notice of the above bounden, _________________________________________________, by and from the City, that said contract is ready for execution, then this obligation shall become null and void; otherwise it shall be and remain in full force and virtue.

IN WITNESS WHEREOF:

We hereunto set our hands and seals this _____ day of _____________, 20__. _______________________________ _______________________________ ________________________________ _______________________________ ________________________________ _______________________________ Contractor/ Principal Surety/Power of Attorney
(Notary Acknowledgement to be attached) (Notary Acknowledgment to be attached) _____________
Bidder's Initials
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Project and Specification No. 24-02
P-7 CONTRACT ASSURANCE

CONTRACT ASSURANCE
The CONTRACTOR or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The CONTRACTOR shall carry out applicable requirements of 49 CFR part 26 in the award and administration of DOT-assisted contracts. Failure by the CONTRACTOR to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as recipient deems appropriate.

The CONTRACTOR will require that the above provision is included in all subcontracts. _____________
Bidder's Initials
630
Project and Specification No. 24-02
P-8 NONCOLLUSION AFFADAVIT

NONCOLLUSION AFFIDAVIT
The bidders, by its officers and agents or representatives present at the time of filing this bid, being duly sworn on their oaths say, that neither they nor any of them have in any way directly or indirectly entered into any arrangement or agreement with any other bidder, or with any public officer of such CITY OF COSTA MESA whereby such affiant or affiants or either of them has paid or I s to pay to such bidder or public officer any sum of money, or has given or is to give to such other bidder or public officer anything of value whatever, or such affiant or affiants or either of them has not directly or indirectly, entered into any arrangement or agreement with any other bidder or bidders, which tends to or does lessen or destroy free competition in the letting of the contract sought for on the attached bids; that no bid has been accepted from any subcontractor or supplier through any bid depository, the By-Laws, Rules, or Regulations of which prohibit or prevent the Contractor from considering any bid from any subcontractor or supplier which is not processed through said bid depository, or which prevent any subcontractor or supplier from bidding to any Contractor who does not use the facilities or accept bids from or through such bid depository; that bidder has not bid as subcontractor to other bidders; that no inducement of any form or character other than that which appears upon the face of the bid will be suggested, offered, paid or delivered to any person of the contract, nor has this bidder any agreement or understanding of any kind whatsoever, with any person whomsoever to pay, deliver to, or share with any other person in any way or manner, any of the proceeds of the contracts sought by this bid.
_______________________________
Contractor Firm Name
_______________________________
Name of Principal
_______________________________
Title
_______________________________
Signature
Subscribed and sworn to before me by:
_________________________________
This ____ day of _____________, 20___.

My Commission Expires: ____________
Notary Public Bidder's Initials
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Project and Specification No. 24-02
P-9 WORKERS’ COMPENSATION INSURANCE

CONTRACTOR'S CERTIFICATION
OF

WORKERS' COMPENSATION INSURANCE REQUIREMENTS
FOR

PUBLIC WORKS PROJECTS
(Labor Code §1861)
I am aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this contract.

Dated:

CONTRACTOR
Company Name
PROJECT: TRAFFIC SIGNAL MODIFICATION AT BAKER ST. AND BABB ST., CITY PROJECT NO. 24-02
_____________
Bidder's Initials
632
Project and Specification No. 24-02
P-10 DRUG-FREE WORKPLACE

DRUG-FREE WORKPLACE POLICY
CONTRACTOR, upon notification of contract award, shall establish a Drug-Free Awareness Program to inform employees of the dangers of drug abuse in the workplace, the penalties that may be imposed upon employees for drug abuse violations occurring in the workplace, and the employee assistance programs available to employees. Each employee engaged in the performance of a CITY contract must be notified of this Drug- Free Awareness Program, and must abide by its terms. Failure to establish a program, notify employees, or inform CITY of a drug-related workplace conviction will constitute a material breach of contract and cause for immediate termination of the contract by CITY.

CONTRACTOR shall conform to all the requirements of CITY'S Policy No. 100-5.

A copy of this policy is attached to the sample contract agreement as an attachment in the Project Specifications.
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Bidder's Initials
633
Project and Specification No. 24-02
P-11 CAMPAIGN CONTRIBUTION DISCLOSURE

BIDDER/APPLICANT/CONTRACTOR CAMPAIGN

CONTRIBUTION DISCLOSURE FORM
Proposer/Consultant/Applicant is required to identify any campaign contribution or cumulative contributions greater than $249 to any city council member in the twelve months prior to submitting an application, proposal, statement of qualifications or bid requiring approval by the City Council.

Date Name of Donor
Company/Business
Affiliation
Name of
Recipient Amount
Except as described above, I/we have not made any campaign contribution in the amount of $250 or more to any Costa Mesa City Council Member in the twelve months preceding this Application/Proposal.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Bidder/Applicant/Proposer
Date
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Bidder's Initials
634
(GENPROVS)
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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 amendments thereto, adopted by the Joint Cooperative Committee of Southern California Chapter, American Public Works Association, Southern California District and Associated Contractors of California; hereinafter referred to as Standard Specifications, are adopted as the "Standard Specifications of the City of Costa Mesa" and shall be considered as a part of these specifications. Copies of the Standard Specifications are available from the publisher:

BNi Building News
1612 S. Clementine Street
Anaheim, California 92802
(714) 517-0971
Where specified in these specifications, the latest edition of the California Building Code, based on the latest edition of the International Building Code, the latest edition of the "Standard Specifications and Standard Plans of the State of California, Department of Transportation, Division of Highways," "Standard Plans of the Orange County Environmental Management Agency," and "Los Angeles County Flood Control District, Design Manual, Standard Drawings" shall apply or unless otherwise noted in these specifications or at the direction of the ENGINEER.

Where referenced in these Specifications, the latest edition of the “City of Costa Mesa Standard Drawings” and the “Work Area Traffic Control Handbook (WATCH)” published by Building News, Inc., shall also apply.

The section numbers of these General Provisions coincide with those of the said Standard Specifications. Only those sections requiring amendment, elaboration, or specifying options, are called out.

The following modifications are made to the "Standard Specifications." If there is a conflict between the "Standard Specifications" and these modifications, these modifications shall have first precedence.
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1-2 TERMS AND DEFINITIONS
[Add or redefine the following:].
(a) AGENCY The City of Costa Mesa, California, hereinafter referred to as "CITY."
(b) BOARD The City Council of the City of Costa Mesa,
California, hereinafter referred to as "BOARD."
(c) CONTRACT

DOCUMENTS
Documents including but not limited to the following:

The proposal form P-1 through P-9b, Notice Inviting
Bids, Standard Specifications, General Provisions,
Special Provisions, Plans, Bonds, Insurance
Certificates, Agreement, and all Addenda setting
forth any modifications of the documents as further
specified in contract agreement.
(d) ENGINEER The administrating officer of the City of Costa Mesa or his authorized representative hereinafter referred
to as ENGINEER.
(e) BIDDER Any individual, firm, partnership, corporation, or combination thereof, submitting a bid proposal for
the work contemplated in the contract documents,
acting directly or through a duly authorized
representative, hereinafter referred to as BIDDER.
(f) LEGAL ADDRESS OF

CONTRACTOR
The legal address of the Contractor shall be the
address given on the Contractor's bid and is hereby
designated as the place to which all notices, letters
or other communications to the Contractor shall be
mailed or delivered.
(g) LABORATORY An established laboratory approved and authorized by the ENGINEER for testing materials and work
involved in the contract.
1-3 ABBREVIATIONS
CALTRANS State of California, Department of Transportation, Division of Highways
O.C.E.M.A. Orange County Environmental Management
Agency
L.A.C.F.C.D. Los Angeles County Flood Control District 636
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1-6 BIDDING AND SUBMISSION OF THE BID
1-6.1 General
[Add the following:].

Proposal shall be made and submitted on proposal forms P-1 through P-9a in accordance with the Notice Inviting Bids. In addition to the required signatures in the spaces provided in the proposal forms, each BIDDER shall initial each sheet of the proposal forms at the bottom right hand corner.

No person, firm, partnership, corporation, or combination thereof shall be allowed to make or file or be interested in more than one bid for the same work, unless alternate bids are called for. A person, firm, partnership, corporation, or combination thereof who has submitted a sub-proposal to a BIDDER or who has quoted prices on materials to a BIDDER is not thereby disqualified from submitting a sub-proposal to or quoting prices to the other bidders. If, on the opening of bids, more than one bid appears in which the same person, firm, partnership, corporation or combination thereof is interested as a principal, all such bids shall be rejected.

Proposals with interlineations, alterations, or erasures shall be initialed by the BIDDER'S authorized agent. Alternative proposals, special conditions, or other limitations or provisions affecting the bid, except as such called for in the contract documents, will render the bid informal and may cause its rejection.

All proposals must give the prices bid for the various items of work and must be signed by the BIDDER, who shall give his address. Each bid shall have thereon the affidavit of the BIDDER that such bid is genuine and not sham nor collusive, nor made in the interest nor behalf of any other person not therein named and that the BIDDER has not directly nor indirectly induced or solicited any other BIDDER to put in a sham bid, nor induced nor solicited any person, firm, partnership, corporation, or combination thereof to refrain from bidding, and that the BIDDER has not in any manner sought by collusion to secure himself an advantage over any other BIDDER.

A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5 of the Labor Code. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded. 1-6.1.1 Request for Interpretation
If any person contemplating submitting a bid is in doubt as to the meaning of any part of the Plans, Specification, or other proposed Contract Documents, or finds discrepancies in, or omissions from the drawings or specifications, (It, he, she) may make a request to the ENGINEER, in writing, for an interpretation or correction thereof pursuant to the provisions in the Information for Bidders section of these specifications. The person 637
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submitting such a request shall be responsible for its prompt delivery. All such interpretations of the Contract Documents will be made only by addenda duly issued, and a copy of each such addendum will be mailed or delivered to each person receiving a set of Contract Documents at (its, his, her) last address of record. The CITY will not be responsible for any other explanations or interpretations of the Contract Documents. 1-6.1.2 Soil Conditions
The BIDDER shall inspect the soil conditions before submitting a bid. By submitting a bid, the BIDDER acknowledges that he is satisfied with the quality of the work area including but not restricted to the conditions affecting, handling and storage of materials, disposal of excess materials, and the soil conditions.
1-6.1.3 Return of Bid Security
Any BIDDER may withdraw its bid, either personally, or by telegraphic or written request, at any time prior to the scheduled closing time for the receipt of bids. It is the sole responsibility of the BIDDER to see that any such telegraphic or written request is delivered to the City Clerk prior to said closing time. Bid security of such BIDDERS will be returned promptly to the BIDDER.

The bid security of the BIDDER whose bid is accepted will be held by the CITY until the contract has been executed and the accompanying insurance certificates, performance bond and labor and materials bond are approved and filed, whereupon the bid security will then be returned to the BIDDER.

The bid security of the second and third lowest BIDDERS will be retained until the contract is awarded to and executed by the BIDDER whose bid is accepted, or until 45 days after the opening of bids, whichever period is shorter. The bid security of all BIDDERS other than the three lowest will be returned promptly after the opening of bids.

If a BIDDER fails or refuses promptly to execute the agreement to do the work or fails or refuses to comply with insurance and bonding requirements, the bid security shall be forfeited to the CITY and shall be collected and paid into the General Fund of the CITY. 1-6.2 Subcontractor Listing
[Add the following:].

The ENGINEER, as duly authorized officer, may consent to subcontractor substitution requested by the Contractor subject to the limitations and notices prescribed in Section 4107 of the Public Contract Code.
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(GENPROVS)
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1-7 AWARD AND EXECUTION OF THE CONTRACT
1-7.1 General
[Add the following:].

The award of contract, if awarded, will be to the lowest responsive and responsible bidder whose proposal complies with all requirements of the Notice Inviting Bids and Section 1- 6 of these specifications. The BIDDER, upon notification as the "apparent low bidder," shall comply with the CITY'S insurance and bonding requirements by submitting the required insurance certificates and bonds within fourteen (14) days after the mailing of a Notice of Award to the BIDDER that the contract is ready for execution . The contract will be awarded within thirty (30) days of receipt of properly approved insurance certificates and bonds pursuant to CITY requirements spelled out in these specifications.

BIDDER must take particular note of "insurance requirements" contained in these specifications and sample agreement included within the contract documents, and should provide that information to his insurance broker in order that a properly executed certificate is submitted. The CITY, however, reserves the right to reject any or all bids and to waive any informality in the bids received.
1-7.1.1 Execution of Agreement
The Agreement shall be signed by the successful BIDDER and returned to the CITY no later than fourteen (14) days from Notice of Award of the Contract by the CITY. Failure to comply with insurance and bonding requirements as specified in the Agreement and in Section 1-7.1 of these General Provisions shall be considered grounds for the revocation and rejection of the bid and forfeiture of bid security. No proposal shall be considered binding upon the CITY until the execution of the agreement by the CITY. In case of conflict, the agreement shall have precedence over all other written specifications. 1-7.2 Contract Bonds
[Add the following:].

The "Faithful Performance Bond" and the "Labor and Material Bond" as specified in this section shall be for one hundred percent (100%) of the Contract price. The Labor and Material Bond shall be maintained by the Contractor in full force and effect for at least seven (7) months following the filing of the Notice of Completion. The Faithful Performance Bond shall also be kept by the Contractor in full force and effect for at least one (1) year following the filing of the Notice of Completion.

CONTRACTOR shall provide the following:

A certified copy of the certificate of authority of the surety issued by the Insurance Commissioner.

A certificate from the clerk of the county in which the court or officer is located that the certificate of authority of the surety has not been surrendered, revoked, canceled, annulled, or suspended or, in the event that it has, that renewed authority has been granted.
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(GENPROVS)
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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 scope of work in general consists of modifying the existing traffic signal at the intersection of Baker Street and Babb Street to provide protected-permissive left turn phasing for eastbound and westbound traffic along Baker Street. Improvements include but are not limited to furnishing and installing of new signal poles and foundations, vehicle heads, pull boxes, traffic signal conduit, conductors and cable, sidewalk and curb ramp restoration and construction, loop detection, relocation of existing traffic signal equipment, and all work, materials and equipment required to provide operation as shown on the Plan and these Specifications. Work also includes potholing for the new traffic signal pole foundations 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 is directed to Appendix ‘C’ - Caltrans Encroachment Permit and shall pay the permit fee, obtain the double permit rider, and comply with the conditions of said permit.
2-5 THE CONTRACTOR’S EQUIPMENT AND FACILITIES
2-5.1 General
[Add the following:].

The Contractor shall only use the proper construction equipment to protect the City streets from breaking up and deterioration. Haul trucks shall be limited to a gross vehicle weight of 10 tons or less.
2-5.2 Temporary Utility Services
[Add the following:].
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(GENPROVS)
GP-7
The Contractor shall provide for his employees an adequate supply of clean, potable drinking water, which shall be dispensed through approved sanitary facilities.

If water is needed during construction, Contractor shall contact Mesa Consolidated Water District or the Irvine Ranch Water District to obtain necessary permits, instructions, and meters prior to commencing work. The Contractor is required to make any and all necessary installations and connections. All water shall be metered. The Contractor shall pay for all deposits and fees involved.
2-5.4 Haul Routes
[Add the following:].

In order to protect the City streets from deterioration due to hauling of materials, the Contractor shall submit to the ENGINEER (at the pre-construction meeting) for approval, a proposed route for the hauling of materials for disposal. Upon approval, the Contractor shall strictly adhere to that route only, unless written permission from the ENGINEER is obtained to change the route.

Waste Hauler Requirements
The California Green Building Standards Code, 2016 Edition, California Code of Regulations, Title 24, Part 11, impacting waste diversion as documented in the City of Costa Mesa’s Municipal Code Chapter 4 of Title 8, requires that all construction and demolition related projects divert 65% of project waste generated from the landfill.

Consequently, permitted building projects relating to construction and demolition, newly constructed buildings, additions, alterations, interior and exterior demolitions, etc., are required to divert a minimum of 65% of nonhazardous construction and demolition waste from the landfill by recycling, reuse, or salvage. Generally, these materials include brick, drywall, other masonry, cardboard, green waste, paper, carpet, lumber, plastic, concrete, and/or metals. Asphalt, concrete, excavated soil and land-clearing debris should be 100% diverted from disposal. The County provides a suggested list of locations that are meeting and/or exceeding the 65% diversion requirement and may be used for recycling construction and demolition material.

The City of Costa Mesa requires that all hauling activity in Costa Mesa comply with one of the waste hauling options for your construction and demolition related project:
 Use Franchise Waste Hauler
 Self-Haul Permit - https://www.costamesaca.gov/city-hall/city-departments/public- services/waste-collection-and-recycling
A Construction and Demolition Reporting Form as provided in the Miscellaneous Document Section of these Specifications must be completed and submitted by the Contractor to the CITY prior to the release of retention monies. 2-7 CHANGES INITATED BY THE AGENCY
2-7.1 GENERAL
641
(GENPROVS)
GP-8
[Add the following:].

ENGINEER shall be the duly authorized officer of the CITY who may grant the changes prescribed in this section.
2-8 EXTRA WORK
[Add the following:].

The extra work as defined in this section of the Standard Specifications and any work done by the Contractor beyond the lines and grades shown on the plans shall only be performed when ordered in writing by the ENGINEER. In absence of such written order, any such work by the Contractor shall be considered unauthorized and will not be paid.

Work so done may be ordered to be removed at the Contractor's expense. 2-9 CHANGED CONDITIONS
[Add the following:].

The Contractor shall promptly act to supply all information to the ENGINEER for proper evaluation. Failure to do so shall constitute a waiver of any payment for delays suffered by the Contractor.

SECTION 3 – CONTROL OF THE WORK
3-1 ASSIGNMENT
[Replace the 1 st sentence with the following:].

No contract or portion thereof may be assigned without written consent of the BOARD. 3-4 AUTHORITY OF THE BOARD AND THE ENGINEER
[Add the following:].

When any of the various units or operations of the work have been suspended, the Contractor shall give at least 24 hours advance notice of the time when he or his subcontractor will start or resume any of such units or operations. That notice is to be given during working hours, exclusive of Saturdays, Sundays or holidays, for the purpose of permitting the ENGINEER to make necessary assignments to his representative on the work.

Any work performed in conflict with said notice, without the presence or approval of the ENGINEER, or work covered up without notice, approval or consent may be rejected or ordered to be uncovered for examination at Contractor's expense and shall be removed at Contractor's expense, if so ordered by the ENGINEER or his representative on the work. Any unauthorized or defective work, defective material or workmanship or any unfaithful or imperfect work that may be discovered before the final payment and final acceptance of work shall be corrected immediately by the Contractor without extra charge even though it may have been overlooked in previous inspections and estimates or may have been caused due to failure to inspect the work.
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(GENPROVS)
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All authorized alterations affecting the requirements and information given on the approved plans shall be in writing. No changes shall be made on any plan or drawing by the Contractor after the same has been approved by the ENGINEER, except by direction of the ENGINEER in writing. Deviations from the approved plans, as may be required by critical conditions of construction, must be authorized in writing by the ENGINEER.

All instructions, rulings and decisions of the ENGINEER shall be in writing and are binding on all parties unless a formal protest is made as provided in the following paragraph:

If the Contractor considers any work demanded of him to be outside the requirements of the contract, or if he considers any instruction, ruling or decision of the ENGINEER or ENGINEER'S representative to be unfair, the Contractor shall, within ten (10) days after any such demand is made, or instruction, ruling or decision is given, file a written protest with the ENGINEER, stating clearly and in detail his objections and reasons therefor.

Except for such protests and objections as are made of record, in the manner and within the time above stated, the Contractor shall be deemed to have waived and does hereby waive all claims for extra work, damages and extensions of time on account of demands, instructions, rulings and decisions of the ENGINEER.

Upon receipt of any such protest from the Contractor, the ENGINEER shall review the demand, instruction, ruling or decision objected to and shall promptly advise the Contractor, in writing, of his final decision, which shall be binding on all parties, unless within the ten (10) days thereafter the Contractor shall file with the BOARD a formal protest against said decision of the ENGINEER. The BOARD shall consider and render a final decision on any such protest within thirty (30) days of receipt of same. If the BOARD fails to consider and render a final decision on any such protest within thirty (30) days of receipt of the same, the protest shall be deemed denied. 3-5 INSPECTION
[Add the following:].

If the Contractor requests and receives approval from the ENGINEER to receive inspection services from the CITY outside of a normal eight (8) hour day/forty (40) hour work week or on Saturday, Sunday, or CITY holidays, the Contractor shall arrange with the CITY and ENGINEER for the special inspection services and Contractor shall pay for such special inspection services at a fee established by the ENGINEER to defray the cost for such service.

All work, which has been inspected and deemed defective in its construction or does not meet all of the requirements of the plans and/or specifications by the ENGINEER shall be remedied, or removed and replaced by the Contractor in an acceptable manner, and no compensation will be allowed for such correction.

Any work done beyond the limits of the lines and grades shown on the plans or established by the ENGINEER or extra work done without written authority will be considered as unauthorized and not be paid.
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(GENPROVS)
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Upon failure on the part of the Contractor to comply with any order of the ENGINEER made under the provisions of this article, the ENGINEER shall have authority to cause defective work to be remedied, or removed and replaced, and unauthorized work to be removed, and to deduct the costs and thereof from any monies due or to come due the Contractor.

Payment will not be made for materials wasted or disposed of in a manner not called for under the Contract. This includes rejected material not unloaded from vehicles, material rejected after is has been placed and material placed outside the limits of the project. No compensation will be allowed for disposing of rejected or excess material. 3-6 THE CONTRACTOR'S REPRESENTATIVE
[Add the following:].

Contractor shall file with the ENGINEER the addresses and telephone numbers where its designated representative may be reached during hours when the work is not in progress.

Instructions and information given by the ENGINEER to the Contractor's authorized representative or at the address or telephone numbers filed in accordance with this section shall be considered as having been given to the Contractor.

The Contractor shall have on the work site at all times a competent English-speaking superintendent, as his agent, capable of reading and thoroughly understanding the plans and specifications and other related documents.
3-7 CONTRACT DOCUMENTS
3-7.1 General
[Add the following:].

Contractor will obtain from the ENGINEER, free of charge, copies of plans, general provisions, special provisions and additions to the Standard Specifications that are reasonably necessary for the execution of work.

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

If after the Contract is awarded it appears that the work to be done, or any matter relative thereto, is not sufficiently detailed or explained in the specifications and plans, the Contractor shall apply to the ENGINEER for such further explanations as may be necessary and shall conform to such explanation or interpretation as part of the Contract.

All scaled dimensions are approximate. Before proceeding with the work, the Contractor shall carefully check and verify all dimensions and quantities and shall immediately inform the ENGINEER or his representative of any discrepancies. 3-10 SURVEYING
[Replace with the following:].
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(GENPROVS)
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3-10.1 General
The Contractor will perform and be responsible for the accuracy of setting all required survey stakes adequate for the construction of the project. 3-10.3 Line and Grade
Unless otherwise provided in the Special Provisions, lines and grades for construction shall be the responsibility of the Contractor, with the following provisions:

All work under this Contract shall be built in accordance with the lines and grades shown on the plans. Field survey for establishing the lines and grades and for the control of construction shall be the responsibility of the Contractor. All such surveys, including construction staking, shall be under the supervision of a California-licensed land surveyor or by a California-licensed civil engineer allowed by law. Staking shall be performed on all items ordinarily requiring grade and alignment, at intervals normally accepted by the agencies and the trade involved.

The Contractor shall provide a copy of the office calculations and grade sheets to the City Inspector. The Contractor shall be responsible for any error in the finished work and shall notify the ENGINEER within one (1) working day of any discrepancies or design errors discovered during staking.

Unless a separate bid item is provided, the payment for surveying, construction staking, professional services, office calculations, furnishing all labor, materials, equipment, tools and incidentals, and for doing all work involved shall be considered as included in the various items of work, and no additional compensation will be allowed. 3-12 WORK SITE MAINTENANCE
3-12.1 General
[Replace 2 nd paragraph with the following:].

Unless the construction dictates otherwise, and unless otherwise approved by the ENGINEER, Contractor shall furnish and operate a self-loading motor sweeper with a functional water spray nozzle system at least once each working day to keep paved areas in the Work zone and along all haul routes acceptably clean whenever construction, including restoration, is incomplete.
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(GENPROVS)
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3-12.2 Air Pollution Control
[Add the following:].

Failure of the Contractor to comply with the ENGINEER'S dust control orders may result in an order to suspend work until the condition is corrected and, after giving notice to the Contractor, the ENGINEER may order the condition corrected by others. All costs thus incurred shall be deducted from the amount to be paid to Contractor. No additional compensation will be allowed as a result of such suspension.

No separate payment will be made for any work performed nor material used to control dust resulting from Contractor's performance of the work or from public traffic, either inside or outside the right-of-way. Full compensation for such dust control will be considered to be included in the prices paid for the various items of Work involved. 3-12.4.1 General
[Add the following:].

All surplus materials shall be removed from the site of the Work within five (5) days after completion of the Work causing the surplus materials.
3-12.6 Water Pollution Control
3-12.6.1 General
[Add the following:].

Discharge of storm water from construction sites that disturb land equal to or greater than one (1) acre must be in compliance with the state General Construction Activity Permit (Construction Permit). The latest permit provisions of the Construction Permit shall apply.

The Contractor is required to contact the Santa Ana Regional Water Quality Control Board (Regional Board) for all information contained in the Construction Permit. In the event project construction occurs during the transition of revised Construction Permits, the Contractor shall incorporate the necessary modifications specified by the revised Construction Permit within the time period specified in the new Construction Permit.

Project Soil Disturbance is: less than 1 acre (No General Construction Permit required) Construction activity subject to the Construction Permit includes clearing, grading, disturbance to the ground such as stockpiling, work area, or excavation that results in soil disturbances of at least one acre of total land area. Construction activity that results in soil disturbances of less than one acre is subject to the Construction Permit if the construction activity is a part of a larger common plan of development that encompasses one or more acres of soil disturbance or if it is determined that discharges from the project pose a significant threat to water quality.

The CONTRACTOR shall have an account with the State for SMARTS (Storm Water Multiple Application and Report Tracking System). The CONTRACTOR shall contact the 646
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CITY with their user ID so that the CITY will grant the CONTRACTOR access as a Data Submitter.

The CONTRACTOR shall complete the NOI within SMARTS
https://smarts.waterboards.ca.gov/smarts/faces/SwSmartsLogin.jsp The CONTRACTOR will notify the CITY when the NOI is ready for the CITY to submit to the State. The CONTRACTOR shall pay all fees associated with the NOI process. The CONTRACTOR shall also complete all required reports within SMARTS as required by the General Permit and the Project’s Storm Water Pollution Prevention Plan (SWPPP).

The CONTRACTOR shall complete the Annual Report and NOT within SMARTS. Once the CITY has been notified, the CITY will review and submit to the State for processing.

A copy of the latest permit is available at:
http://www.waterboards.ca.gov/water_issues/programs/stormwater/constpermits.shtml The CONTRACTOR is hereby directed to read the Construction Permit thoroughly and comply with the requirements as specified therein.
3-12.6.2 Best Management Practices (BMPs)
[Add the following:].

The Contractor shall install and maintain the appropriate Best Management Practices (BMPs) to protect water quality within the project limits through the duration of the Project.

The Contractor shall be responsible for any damage to any portion of the Work occasioned by failure to provide proper drainage control prior to the completion and acceptance of the Work.

Payment for furnishing, installing and maintaining BMPs inclusive of sweeping the Project site as required or directed by the ENGINEER shall be included in the other various bid items associated with the work and no additional payment will be allowed thereof. 3-12.6.3 Storm Water Pollution Prevention Plan (SWPPP)
[Add the following:].

If a General Construction Permit is required pursuant to Section 3-12.6.1 of these General Provisions, the following Storm Water Pollution Prevention Plan (SWPPP) requirements shall be adhered to:

The Contractor is responsible for the preparation and implementation of a SWPPP as required by the Construction Permit. The Contractor is responsible for completing all parts of the SWPPP including, REAPs, monitoring, sampling, rain gauge records, weather reports, submitting pictures of every third storm, non-authorized discharge reports, Ad- Hoc reports, Annual Reports, post construction BMPs and other requirements of the SWPPP.
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The completed SWPPP must be signed by a QSD (Qualified SWPPP Developer). The completed SWPPP must be submitted to the resident engineer for City review and acceptance, prior to uploading to SMARTS. The Contractor will be responsible for uploading an electronic format of the SWPPP into SMARTS. The SWPPP must be signed by the City before construction begins. A copy of the SWPPP must be available at the site at all times and must be implemented and revised in accordance with the Construction Permit throughout the duration of the project.

Contractor must have QSP (Qualified SWPPP Practitioner). Contractor shall perform site inspections before and after the storm event, and once each 24-hour period during extended storm event, to identify BMP effectiveness and implement repairs or BMP modifications as soon as possible. Sampling of potential pollutant discharges shall be conducted by trained personnel and required laboratory test conducted by laboratory accredited by the California Department of Health Services Environmental Laboratory Accreditation Program.

Contractor shall be responsible for any penalties assessed against the City if the penalty assessed is due to Contractor’s violation of the Construction Permit requirement, or Contractor’s failure to fully implement and monitor SWPPP as required.

Erosion and Sediment Control Plans
Erosion and Sediment Control Plans shall be prepared by the Contractor as part of the SWPPP that identify adequate controls to prevent erosion and discharge of sediment off- site. Payment for the Erosion and Sediment Control Plans shall be included as part of the SWPPP.
3-12.6.4 Dewatering
[Add the following:].

Unless otherwise directed in these Special Provisions, the Contractor shall provide and maintain ample means and devices with which to promptly remove and properly dispose of water entering the excavations or other parts of the work at all times during construction. Dewatering shall be accomplished by methods which will ensure a dry excavation and preservation of the final lines and grades of the bottoms of excavations.

The methods may include sump pumps, deep wells, well points, suitable rock or gravel placed below the required bedding for draining and pumping purposes, temporary pipelines, and other means.

Standby pumping equipment shall be on the job site. A minimum of one standby unit shall be available for immediate installation should any well unit fail. The design and installation of well points or deep wells shall be suitable for the accomplishment of the work. Drawings or details indicating the proposed dewatering system shall be submitted to the CITY for review.

The Contractor shall dispose of the water from the work in a suitable manner without damage to adjacent property.
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Conveyance of the water shall be such as to not interfere with traffic flow or treatment facilities operations. No water shall be drained into work built or under construction without prior consent of the ENGINEER.

Water shall be disposed of in such a manner as not to be a menace to the public health and such disposal shall be performed in accordance with Environmental Protection Agency and State Water Quality Control Board standards (NPDES permit). Any testing and reports required under NPDES permit shall be performed by the Contractor and submitted to the appropriate agency for approval at no additional cost to the CITY. 3-13.3 WARRANTY
[Replace 2 nd sentence of 1st paragraph with the following:].

The warranty period shall start on the date the Work is accepted by the Board.

SECTION 4 – CONTROL OF MATERIALS
4-4 TESTING
[Add the following:].

All tests of materials furnished by the Contractor shall be made in accordance with commonly recognized standards of national organizations and such special methods and tests as are prescribed in these specifications. No materials shall be used until they have been approved by the ENGINEER.

The Contractor shall at his expense furnish the CITY, in triplicate, certified copies of all required factory and mill test reports. Any materials shipped by the Contractor from a factory or mill prior to having satisfactorily passed such testing and inspection by a representative of the CITY shall not be incorporated in the work, unless the ENGINEER shall have notified the Contractor, in writing, that such testing and inspection will not be required.

At the option of the ENGINEER, the source of supply of each of the materials shall be approved by the ENGINEER before delivery is started and before such material is used in the work.

Unless otherwise provided in the Special Provisions, the CITY will complete and pay for the initial soils, compaction, and material tests. Any subsequent soil, compaction, and material tests deemed necessary due to the failure of initial tests will be at the Contractor's expense and deducted from the payment due.
649
(GENPROVS)
GP-16
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:].

In addition to the special notices requirement to be served by Personnel Delivery or Certified Mail, special notices may also be served by the utilization of FedEx or UPS express service with a confirmed delivery receipt. Service shell be effective on the date of the receipt of the delivery confirm issued by FedEx or UPS. 5-3 LABOR
5-3.3 Payroll Records
[Add the following:].

In order to verify compliance with the Labor Code, Contractor shall furnish to the ENGINEER, weekly, for the duration of the contract period, copies of his payroll statements showing wages paid to each employee during the preceding week and the employee work classification. Use of Form DH-C-347, Payroll Statement of Compliance, is an acceptable method of fulfilling the above requirement. 5-3.5 Apprentices
[Replace with the following:].

Attention is directed to the provisions of Sections 1777.5 and 1777.6 of the Labor Code concerning the employment of apprentices by the Contractor or any subcontractor under it. The Contractor and any subcontractor under it shall comply with the requirements of those Sections in the employment of apprentices.

Information relative to apprenticeship standards, wage schedules and other requirements may be obtained from the Director of Industrial Relations, Ex-officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices.
650
(GENPROVS)
GP-17
5-4 INSURANCE
[Replace with the following:].

The minimum amounts and types of insurance coverages are as stated in the Agreement (sample copy attached). Prior to bid submittal the BIDDER shall keep fully informed of the latest insurance requirements of the City of Costa Mesa and shall comply with all other provisions of Section 5-4 of the Standard Specifications.

Below are approved endorsements which satisfy the basic insurance requirements contained in contracts entered into by City of Costa Mesa. These have been approved by the City Attorney's office. The terms of any specific contract with the City are controlling.

Prior to the commencement of any work, the CITY requires that the ENGINEER receive Certificates of Insurance in DUPLICATE for liability coverage of at least $1,000,000 combined single limit, per occurrence and in the aggregate.

Each insurance policy required by the CITY of the Contractor shall contain the following endorsements:

1. Additional Insureds
"The City of Costa Mesa and its elected and appointed boards, officers, agents, and employees are additional insureds with respect to the subject project and agreement."

2. Notice
"Said policy shall not terminate, nor shall it be canceled nor the coverage reduced, until thirty (30) days after written notice is given to City."

3. Other Insurance
"Any other insurance maintained by the City of Costa Mesa shall be excess and not contributing with the insurance provided by this policy." If any of such policies provide for a deductible or self-insured retention to provide such coverage, the amount of such deductible or self-insured retention shall be approved in advance by City. No policy of insurance issued as to which the City is an additional insured shall contain a provision which requires that no insured except the named insured can satisfy any such deductible or self-insured retention. 5-7 SAFETY
5-7.1 Work Site Safety
5-7.1.1 General
[Add the following:].

Material or other obstructions shall not be placed within fifteen feet (15') of fire hydrants.

Fire hydrants shall be made readily accessible to the Fire Department at all times. 651
(GENPROVS)
GP-18
5-7.8 Steel Plate Covers
5-7.8.1 General
[Add the following:].

All steel plate covers utilized for the project must be slide resistant. A non-slip coating will be required on the side of the steel plate that that will be utilized for the driving or walking surface.

SECTION 6 – PROSECUTION AND PROGRESS OF THE WORK
6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF THE WORK 6-1.1 Construction Schedule
[Replace the 1 st Paragraph with the following:].

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

The Contractor shall submit progress reports to the ENGINEER by the tenth day of each month. The report shall include an updated Construction Work Schedule. All revisions shall be completed within three days after review by the ENGINEER. The Contractor shall submit requests for changes in the schedule to the CITY for approval at least three (3) working days prior to performing any work. Any deviations from the original approved Construction Work Schedule shall be explained and identified in the updated Construction Work Schedule. Progress payments will be withheld pending receipt of any outstanding reports.

The Contractor shall furnish the ENGINEER with a 3-week look ahead- schedule in a tabular format at every weekly construction meeting. The 3-week look ahead schedule shall utilize the main milestones within the approved Baseline Construction Schedule with updates and include sub-activities.
652
(GENPROVS)
GP-19
[Add the following:].
6-1.3 DAILY REPORT SUBMITTAL
Contractor shall submit daily reports to the CITY at the end of each working day. All forms shall be provided by the CITY. Any cost for this item shall be included in the various items of work and no other compensation will be allowed.
6-3 TIME OF COMPLETION
6-3.1 General
[Replace the 1 st Sentence with the following:].

If awarded the Contract, the undersigned agrees to commence all preparatory work such as potholing, submittals, ordering long-lead materials, etc. within ten (10) working days after Notice to Proceed for Construction and commence the construction Work under the Contract WITHIN TWENTY (20) WEEKS AFTER THE NOTICE TO PROCEED FOR CONSTRUCTION, AND COMPLETE SAID WORK WITHIN THIRTY (30) WORKING DAYS.
6-5 USE OF IMPROVEMENT DURING CONSTRUCTION
[Add the following:].

Should it become necessary, due to developed conditions, to occupy any portion of the Work before Contract is fully completed, such occupancy shall not constitute acceptance by the CITY of work by Contractor.
6-7 TERMINATION OF THE CONTRACT FOR DEFAULT
6-7.3 Notice of Termination for Default
[Replace the 1 st Paragraph with the following:].

The ENGINEER will make the determination if the Contractor had failed to commence satisfactory corrective action within 5 working days after the receipt of the notice to cure, or to diligently continue satisfactory and timely correction of the default thereafter, and will take action as allowed by the Contract Documents.
6-7.4 RESPONSIBILITIES OF SURETY
[Add the following:].

Within 3 working days of receipt of the written notice of termination for default, the Surety shall provide the services needed to maintain the project in accordance with the Contract Documents. The services shall maintain the existing traffic control in place and the maintenance of the project site until the Engineer’s review and acceptance of the Surety’s plan for course of action.
653
(GENPROVS)
GP-20
6-9 LIQUIDATED DAMAGES
[Replace the 1 ST Paragraph with the following:].

The CONTRACTOR shall pay to the CITY the sum of $3,600 per calendar day, for each and every calendar day’s delay in finishing the Work in excess of the number of Working Days prescribed within these General Provisions and the Agreement, or per the direction of the Engineer. Liquidated damages are calculated per Chapter 12 of the latest edition of the Caltrans Local Assistance Procedures Manual (LAPM).

SECTION 7 – MEASUREMENT AND PAYMENT
7-3 PAYMENT
7-3.1 General
[Replace the 1 ST Paragraph with the following:].

Payment for the various items listed on the Bid Proposal, as further specified herein, shall constitute full compensation to the Contractor for furnishing all material, tools, equipment, supplies, and manufactured articles, and for all labor, operations, and incidentals appurtenant to the items of Work and as specified and shown on the drawings, including all costs for compliance with the regulations of public agencies having jurisdiction, including Safety and Health Requirements of the California Division of Industrial Safety and the Occupational Safety and Health Administration (OSHA) of the U.S. Department of Labor. No separate payment will be made for any item that is not specifically set forth in the Bid Proposal. Costs arising from violations of regulations will be paid by the offending party to the extent that there will be no additional cost to the CITY.

When no bid item is provided for work/improvement shown or indicated on the plans and specifications, payment for such work/improvement will be considered to be included in various applicable items of work.
7-3.2 Partial and Final Payment
[Replace the 1 st Paragraph in its entirety with the following:].

The closure date for the purpose of making partial progress payments will be the last day of each month. The Contractor may request, in writing, that such monthly closure date be changed. The ENGINEER may approve such request when it is compatible with the CITY’s payment procedure.
[Replace the 2 nd Paragraph in its entirety with the following:].

Each month, the Contractor shall meet with the Engineer, a minimum of three (3) working days prior to the submittal of the progress payment to the AGENCY, to finalize and receive approval regarding the measurement of the Work performed through the closure date and the estimated value of the progress payment based on the Contract Unit Prices or as provided for in the Standard Specifications. Any progress payment submitted without such approval will be considered incomplete and returned to the Contractor and no 654
(GENPROVS)
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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 the Completion of the work after it is accepted by the CITY. The 5% withheld from each progress payment shall not include monies withheld for stop notices or other withholding by the CITY. The monies withheld for stop notice and other withholdings shall be in addition to the 5% withheld for retention.
[Add to end of Section the following:].

Contractor shall comply with the requirements of Division 2, Part 1, Chapter 7, Section 7107 of the California Public Contract Code.

The lead time for processing invoices for the monthly progress payments approved by the ENGINEER for inclusion on the warrant list of the CITY is governed by the rules and regulations established by the Finance Department of the CITY. Monthly payments will be processed and paid in accordance with the rules and regulations established or revised by the said Finance Department.

The Contractor shall submit all weight tickets or volumes of all materials used in the construction to the ENGINEER for checking and verification prior to any payment. Failure to do so will postpone the payment to the Contractor, until the matter is resolved satisfactorily.

The weight or volume from submitted tickets must correspond to the work done in the field; if not, the City shall reject the work without compensation to the Contractor, and/or the Contractor shall be directed to replace that work at no additional costs to the City.

After completion of the Contract, the BOARD shall, upon recommendation of the ENGINEER, accept the Work as completed and authorize the Final Payment.

The Final Payment shall be the entire sum found to be due the Contractor after deducting therefrom all previous payments and all amounts to be kept and all amounts to be retained under the provisions of the Contract. All prior partial estimates and payments shall be subject to correction in the final estimate and payment.

No certificate given or payment made under the Contract, except the final certificate or Final Payment, shall be conclusive evidence of full or substantial performance of this Contract; and no payment shall be construed to be an acceptance of any defective work or improper material.

The acceptance of Final Payment by the Contractor shall release the CITY, the BOARD, 655
(GENPROVS)
GP-22
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.

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:
656
(GENPROVS)
GP-23

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.

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.
657
(GENPROVS)
GP-24
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.
7-3.4.1 Travel Route for Trucking and Equipment
Plans indicating the travel route for the Contractor's equipment movement in and out of the work site must be submitted concurrently with the Haul Route Plan (Section 2-5.4) to the ENGINEER at the pre-construction meeting for approval prior to commencement of any work. The travel route plans, which meet the City’s requirements, will be approved and returned to the Contractor; otherwise, further revisions are required until they are acceptable to the City. The approved travel plans shall be strictly adhered to by the Contractor during all phases of the construction.

Any deviation from these requirements is not permitted. All the Contractor’s operations will be ceased at once if the Contractor violates any of these requirements. No further payments will be made to the Contractor until problems are resolved according the City’s requirements.
7-3.4.2 Construction Sequence/Order of Work
In order to minimize the inconveniences to the residents and businesses, the contractor shall construct the Project and sequence the work where no two adjacent streets are closed at one time, and/or the nearest parking is no more than 300’ from the intersection of the street being closed to traffic. The Contractor shall maintain adjacent streets open for ingress and egress and for parking.
7-4 PAYMENT FOR EXTRA WORK
7-4.2 Basis for Establishing Costs.
7-4.2.1 Labor
[Add the following:].

The compensation for employer’s payments of payroll taxes; workers compensation insurance; liability insurance; health and welfare; pension; vacation; apprenticeship funds; other direct costs resulting from Federal, State, or local laws; and for assessments or benefits required by lawful collective bargaining agreements to be applied to the actual cost for wages shall be 23 percent for regular time and overtime. 658
(GENPROVS)
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7-4.3 Markups
7-4.3.1 Work by the Contractor
[Replace in its entirety with the following:].

The allowance for overhead and profit to be added to the Contractor’s costs shall be as follows:

Labor: 20%
Materials: 15%
Contractor Owned Equipment 15%
Equipment Rental 10%*
Other Items and Expenditures 10%
To the sum of the costs and markups provided for in this section, 1 percent shall be added as compensation for bonding.
* Equipment Rental rates shall be based on the latest applicable Caltrans Equipment Rental Rates.
7-4.3.2 Work by a Subcontractor
[Replace in its entirety with the following:].

When all or any part of the extra work is performed by a Subcontractor, the markup established in 7-4.3.1 shall be applied to the Subcontractor’s actual cost of such work. A markup of five (5) percent on the first $5,000 of the subcontracted portion of the extra work and a markup of five (5) percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor.

No markups will be allowed for second tier or higher subcontractors. [Add the following:].
7-6 SUMMARY OF PUBLIC CONTRACT CODE § 9204
The following procedure will apply to any claims by the Contractor on the City:

A “claim” is a separate demand on the City by a contractor on a public works project and sent by registered mail or certified mail with return receipt requested, for one or more of the following:
 A time extension, including relief from penalties for delay  Payment by the City of money damages under the terms of the contract  Payment of an amount that is disputed by the City
Initial Review
The claim must be supported by appropriate documentation. The City has 45 days within which to review the claim and provide the contractor with a written statement identifying the disputed and undisputed portions of the claim. If the City does not issue a written 659
(GENPROVS)
GP-26
statement, the claim is deemed rejected in its entirety. The City will pay any undisputed portion of the claim within 60 days of issuing the statement.

Meet & Confer
If the contractor disputes the City’s written response, or if the City does not issue one, the contractor may request in writing an informal conference to meet and confer for possible settlement of the claim. The City will schedule the meet and confer conference within 30 days of this request and provide a written statement identifying the remaining disputed and undisputed portions of the claim within 10 business days of the meet and confer. The City will pay the undisputed portion within 60 days of issuing this statement.

Mediation
With respect to any disputed portion remaining after the meet and confer, the City and contractor will submit the matter to nonbinding mediation, agree to a mediator within 10 business days after issuing the written statement, and share mediation costs equally. If mediation is unsuccessful, then the terms of the public works agreement and applicable law will govern resolution of the dispute.

Miscellaneous Provisions
Amounts not paid by the City in a timely manner bear interest at 7% per annum.

Subcontractors may submit claims via this procedure through the general contractor. The City and contractor may waive the requirement to mediate, but cannot otherwise waive these claim procedures.
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SP-1

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 661
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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, .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. 100-2 MOBILIZATION AND DEMOBILIZATION
100-2.1 General
Mobilization shall comply with Section 7-3.4 of the General Provisions. 100-2.2 Measurement and Payment
Bid Item #1: Mobilization and Demobilization
Measurement and Payment for Mobilization and Demobilization shall be included in the Lump Sum (LS) Price basis. 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. 662
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No additional compensation will be allowed.

Mobilization shall include compliance with water and air quality laws; maintaining dust control at all times; furnishing all water required for the construction work; protection of utilities, survey monuments, trees, fences, walls, landscaping and other facilities.

Moblilzation shall include all related “de-moblization” costs, including the removal of any remaining Underground Service Alert (USA) utility markings or other construction paint markings, by means of wet sand blasting or other pre-approved method on the sidewalk, curb/gutter and pavement.

Mobilization shall include all work 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 relocations of the facility to accommodate the construction of an improvement, and removal of existing planters, trees, shrubs, and bushes.

The contractor shall confine his operations and work area to the street right-of-way and is responsible for securing an adequate storage site for equipment and materials. No encroachment into private property will be permitted without prior written consent of the property owner and Engineer. Obtaining this consent will be the responsibility and at the cost of the Contractor. The Contractor shall provide supervisory personnel to keep the construction site in a safe condition at all times.

The Contractor shall submit a Construction Schedule at least ten (10) working days prior to commencing work. 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.

The Contractor is noted that this project is being coordinated with parkway concrete repair project, the asphalt paving project, and slurry seal project within the same project limits.

The contractor to perform the work shall be the concrete contractor and upon completion of their work, the asphalt contractor will overlay or level the streets with asphalt concrete.

Within minimum two weeks after the completion of the asphalt contractor’s work, the slurry project will commence. The City reserves the right to include or exclude streets.

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 feet from the intersection of the street being closed to traffic. The Contractor shall maintain adjacent streets open for ingress and egress and for parking. Approval of the staging and work plan shall be at the discretion of the City.

No construction activities will be allowed on streets that are receiving trash pick-up or sweeping services on the same day. A copy of the CR&R Waste Collection Map will be available upon request. The Contractor shall coordinate with the trash hauler in preparing 663
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the construction schedule. The Contractor shall provide a map showing the schedule of the work, which should coordinate with the trash and mail schedule, to the City at the preconstruction meeting. Slurry seal application operations shall occur within two (2) days after scheduled trash pickup days.
100-3 CONTROL OF THE WORK
100-3.1 Water Pollution Control and Best Management Practices 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.
100-4 ADDITIONAL WORK ITEMS
100-4.1 General
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
At the direction of the Engineer, the Contractor shall provide labor, equipment, and materials for the additional work beyond the scope of work established within the GREENBOOK. Work will include, but not limited to, ALL the items aforementioned in these Special Provisions. Said work will only be performed, if required, and approved by the Engineer. The Contractor acknowledges that this bid item will only be used at the discretion of the Engineer.
100-4.2 Payment
Bid Item #2: Additional Work Items (i.e., Unforeseen Items and / or Work Requested by the Engineer)
The Contractor shall be paid at force account for work performed under this bid item as directed by the Engineer.
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PART 3

CONSTRUCTION METHODS
SECTION 300 – EARTHWORK
[Add the following:].
300-0 EARTHWORK IN STATE RIGHT-OF-WAY
300-0.1 General
All earthworks performed within the State of California Department of Transportation (“Caltrans”) Right-of-Way shall conform to the requirements of Section 19 of the latest edition of the "Standard Specifications and Standard Plans of the State of California, Department of Transportation, Division of Highways" with the appropriate Caltrans, City, and other applicable agency encroachment permits procured. 300-1 CLEARING AND GRUBBING
300-1.1 General
[Add or redefine the following:].

Section 300-1, "Clearing and Grubbing," of the Standard Specifications is supplemented by the following:

Contractor shall field verify existing grades and shall accept site as is, for no other grading shall be performed by the CITY.
 300-1.3 Removal and Disposal of Materials
 300-1.3.1 General
All materials removed shall be disposed of in a legal manner at an appropriate Disposal Site.
 300-1.3.2 Requirements
A. Bituminous Pavement
Saw cutting of edges to be joined is required.

B. Miscellaneous
In addition to the work outlined in Section 300-1.1 of the Standard Specifications, the following items of work are included under Clearing & Grubbing unless otherwise covered by specific bid item.
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1. Maintaining dust control at all times by watering during the entire time of the project, whether extended or not, including developing a water supply and furnishing and placing all water for all work done in the contract, including water used for extra work.

2. Application of soil sterilant, if applicable, or as directed by the ENGINEER.

3. Protection of utilities, structures, improvements and other facilities within the construction zone, except those specifically shown on the plans to be removed or relocated.

4. Removal and disposal of existing natural and artificial objectionable material within the limits of construction.

5. Verification of existing locations and elevations as shown on the plans or directed by the ENGINEER.

6. Replacement of disturbed traffic signs, street names, mailboxes, property owner signs, fences, landscaping, protection of temporary construction fences and all appurtenances, striping and markings as required to the satisfaction of the ENGINEER. Also, includes the installation of safe pedestrian pathway by installing orange netting or other approved method of safely directing pedestrians through a protected path.

7. This item shall also be interpreted to include the removal or relocation of any additional items in conflict with the proposed work not specifically mentioned herein or covered by specific bid item as directed in the field by the Engineer, which may be found within the work limits whether shown or not shown on the plans to be removed or relocated.

8. All surplus material three (3) inches or smaller shall be uniformly spread and compacted in the street sub grade. No material greater than three (3) inches in any dimension shall be used in the top twelve (12) inches of the sub grade. No nesting of rocks shall be allowed.

9. Unclassified fill shall consist of all fill unless separately designated. Construction of unclassified fill included preparing the area on which fill is to be placed, and the depositing, conditioning, and compaction of fill material.

10. Complete all demolition and removal work associated with the removal of AC, underlying PCC, PCC curb/gutter, as designated on the drawings for removal, unless otherwise defined.

11. Any structural or non-structural demolition work involved for the construction of the project and Contractor shall be responsible for disposing in a legal manner.

12. Determining and maintaining a straight edge in areas where AC joins existing edge of pavement.

13. No burning will be permitted.

14. No accumulation of flammable material shall remain on or adjacent to the right-of- way.
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SECTION 302 – ROADWAY SURFACING
302-4 SLURRY SEAL SURFACING
[Add the following within each Subsection:].
302-4.1.1 PREPARATION OF EXISTING FOR SLURRY SEAL
Before applying slurry seal, the Contractor shall perform the following:
 Notices and No Parking postings. The contractor shall notify all the residents on any street that is impacted by the slurry seal operations by the end of the working day, on the Wednesday prior to slurry sealing the roadway. All operations for a Monday through Sunday work week shall have notices delivered by the prior Wednesday. The notice to each resident shall be on a format that is acceptable to the Engineer, with all contents of the notice being approved by the Engineer at least three weeks prior to having any slurry seal work performed. No Parking” signs are to be posted at least two working days prior to performing any slurry seal work.
 Plane all buckled pavement flush with existing adjacent pavement after the cleaning process.
 Remove all excess bitumen in bituminous pavement by burning or other method which is to be approved by Engineer.
 Clean all oil stained asphalt surfaces and apply “oil seal” produced by Industrial Asphalt or an approved equal to all oil stained surfaces prior to slurry application.  Clean all loose materials, silt, vegetation, and other objectionable material on the existing surface by a method as specified or approved by the Engineer. The surface shall be free of water, dust, and foreign materials.
 Before construction starts, all cracks shall be sprayed with “Suppress Herbecide EC” a non-select organic weed and grass killer solution manufactured by Westbride Agricultural Products and a direct kill application (spectrocide) combination or approved equal. The contractor shall apply the organic weed and grass killer solution twice, at two (2) weeks apart from application. If a 3 rd application is necessary, all cracks shall be sprayed with “Round-up”, a non-select weed and grass killer solution manufactured by Monsanto Company and a direct kill application (spectrocide) combination or approved equal for no additional cost to the City. The Contractor shall remove all weeds and vegetation fourteen (14) days after the chemical application or as recommended by the manufacturer. The Contractor shall assure that vegetation and weeds are completely eliminated.
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 To facilitate inspection, the chemical solution shall be mixed with purple dye before spraying. The Contractor shall be directed to spray against those cracks – without purple color appearing – at no additional cost to the City before any construction.  The weed and grass killer solution shall be applied at a rate as recommended by manufacturer.
 Sweep the surface with a rotary broom to remove all loose material.  Clean thoroughly by using compressed air to blow out loose material, and then brush with a wire brush to remove more stubborn material from all depressions and cracks not reached by the rotary broom.
 Wash existing pavement; it must be damp but without water standing before slurry.  May use alternate cleaning methods only with prior approval of the Engineer.  Remove all existing raised pavement markers (RPM) including reflective markers.  Remove by wet sandblasting, or by hand-operated grinder, all existing and/or visual striping and pavement markings prior to the application of the slurry seal.

Temporary striping marking shall be placed and maintained until the final striping and markings are placed.
 Remove by hand-operated grinder all existing and/or visual thermoplastic markings including markings, striping, and crosswalks prior to the application of the slurry seal.
 Furnish and maintain temporary markings until the final striping and markings are placed.
 Immediately ahead of the mixer for slurry seal, pre-water the pavement by a pressure water distribution system equipped with a fog-type spray bar which will completely fog the surface of the pavement. The surface should be damp but with no free water standing in front of the slurry box.
 Cover any manholes, water valve covers, and brick and concrete crosswalks with heavy removable plastic cover materials to prevent the adhesion of construction materials.
 Remove the tape covering material from manholes, water valves, and brick and concrete crosswalks as soon as the slurry application is completed remove and clean any deposited construction materials on the surface of these exiting structures as soon as possible.
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 Coordinate with the City’s Fire Department and obtain their approval before starting any work.
 Be responsible for maintaining location of and access to, all waterline valves during construction.
 Restore traffic delineation prior to opening street to traffic.  Use only reflective slurry tabs; Non-reflective slurry tabs will not be allowed. 302-4.1.2 OIL SEAL
All accumulation of oil and foreign materials shall be scraped and removed from the asphalt surface prior to the application of oil seal. Any fresh petroleum deposits should be dried using heat prior to application of oil seal.

Oil seal shall be applied per manufacturer’s recommendations. Severity of the petroleum stain should dictate the amount of application. Oil seal should be brushed onto the stained surface insuring the total stain is well covered. 302-4.1.3 SLURRY SEAL TYPE II
Slurry seal material and construction shall conform to Sections 203 and 302-4 of the Green Book and the following additions and revisions.

Slurry shall be quickset emulsion aggregate slurry seal cationic (CQS---1h) and shall have an additive oflatex. The latex shall be added at the emulsion plant after weighing the asphalt and before the addition of mixing water. The latex shall be added at a rate of 2.5% percent of the weight of the emulsified asphalt. The cost for the latex additive shall be included in the unit price for no additional cost to the City.

A final report for slurry mix design shall be submitted to the City for verification and all slurry mix design must be tested and approved by the specified laboratory prior to commencing work.

After mix proportions have been determined by the laboratory which has been approved by the City, the Contractor shall place one or more trial mixes either at the job site or at a location where small spreads of the slurry would not be objectionable.

The Contractor shall submit samples of aggregate, emulsion, retardant or accelerator, and the other required substances to the City to verify mix design submitted by the Contractor.

The cement mixing test will not be required for quickset cationic emulsion asphalt.

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estimate may be made of the amount of material used for each load. Prior to the beginning of slurry operations, the Contractor shall furnish, at no cost to the City, current licensed weighmaster’s certificate indicating the net weight capacity of the aggregate bin.

The Contractor shall furnish calibrated vehicle weight scales at the stockpile site for use by the Agency. The portable scales will be utilized for inspection and all mixers shall be weighed prior to transit. All equipment and tools necessary for the field measurement of the emulsion and aggregate by the Agency shall be furnished and maintained by the Contractor.

The Contractor shall be responsible for the initial setup of the weigh scales at the stockpile site and all necessary relocations during slurry seal operations.

The Contractor shall apply the slurry using a minimum of two continuous mixers, one mixer to apply slurry with the other machine is in transit to and from the batch site. The Contractor shall provide a coordinator, at least one competent quickset man one competent driver for the mixer applying slurry, and one shuttle driver for the machine in route to reload. The Contractor shall also provide sufficient laborers for any hand work and clean up required to insure proper progress of work. Transit mix trucks shall not be used.

The spreader box shall be equipped with flexible material in contact with the pavement and shall be maintained so as to prevent loss of slurry outside the limits to be covered. It shall be adjustable to assure a uniform, controlled spread and shall be equipped with suitable drags that will erase ridges. It shall be mechanical or hydraulic type equipped with a steering device.

Prior to any change the Contractor shall thoroughly clean all emulsion tanks and mixing units to prevent any chemical reaction between the two emulsions.

Insofar as possible, slurry seal shall be applied to cul-de-sac areas and tress shaded areas in the early morning to allow proper curing.

Those areas that cannot be reached by regular spreading machine shall be spread by hand or by a small machine to completely cover those areas within the limitations of construction.

Sufficient water must be use to obtain a mix consistency that is smooth and homogeneous and does not segregate on standing. The water shall not exceed the content specified in the mix design.

Prior to the time of delivery of each shipment of asphalt emulsion, the Contractor shall deliver to the City certified copies of the test report for that emulsion. The test report shall indicate the name of the vendor, type and grade of asphalt emulsion delivered, date and point of delivery, quantity delivered, delivery ticket number, purchase order number, and 670
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results of the specified tests. The test report shall be signed by an authorized representative of the vendor, shall certify that the product delivered conforms to the standard specifications and is compatible with the proposed aggregate for the type and grade indicated. In addition, samples of each shipment of asphalt emulsion shall be taken upon arrival at the job site and furnished to the Engineer; a minimum of three of those samples, more if deemed necessary, to be selected by the Engineer shall be tested for continued test reports, the testing required in connection with those reports and all additional resting shall be provided by the Contractor at no cost to the City.

No material from that shipment of asphalt emulsion shall be utilized or employed in performance of the work until the certified test reports and samples of the material have been furnished to, check by, and verified by the Engineer.

If test results do not conform to the requirements of these special provisions, the unacceptable slurry seal shall be removed and replaced at the Contractor’s expense.

Continued application of slurry will not be allowed until it can be shown to the Engineer’s satisfaction that the mix conforms to the approved mix design. The Contractor shall, at the direction of the Engineer, repair and reseal all areas of the streets which have not been sealed properly and completely. No extension of time will be allowed for delays due to repairs, resealing, or improper mix. Any additional tests required by the Engineer prior to continued slurry application and the additional slurry required to correct the previously rejected slurry application shall be at the Contractor’s expense.

The approximate rate of application coverage shall be from 1/8” to approximately 3/8” maximum with a coverage of 3/16” desired. For bidding purposes, the Contractor shall assume the application rate of slurry shall be between 1,100 and 1,400 square feet per extra long ton.

The Contractor shall verify weather condition prior to the application of slurry; however, no application shall commence before 8:00 a.m., or after 1:00 p.m. The streets to be sealed shall be closed from the time of application begins until the mixture has achieved sufficient set of 4 to 5 hours to be opened to traffic, or as directed by the Engineer. The full width of the roadway shall be open for use by public traffic no later than 5PM. No residential streets shall be closed to traffic before 8:00 a.m. or after 5:00 p.m.

If lumping, ball, or unmixed aggregate is observed, the slurry shall be removed from the pavement. It shall also be removed if coarser aggregate particles settle to the bottom of the mix. Streaks, such as those caused by oversized aggregate, shall be repaired at once with a hand squeegee.

No longitudinal or transverse streaking, bleeding (flushing), or loss of cover aggregate shall be accepted after application. Under the direction of the Engineer, Contractor shall remove all rejected areas and repair them to the acceptable degree by the Engineer. All cost for correction work shall be borne by Contractor.
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The streets to be sealed with slurry shall be sealed from edge of pavement to edge of pavement.

Excessive build-up causing unsightly appearance shall not be permitted on longitudinal or transverse joints. Unless otherwise approved, the overlap at joints will not be less than 1” or greater than 3” and shall be feathered. Joints between asphalt pavement and concrete pavement and/or concrete gutters shall be completely and neatly sealed without excessive overlap onto concrete; any unsightly and objectionable excess shall be immediately removed as required.

The start and finish of a slurry application shall be a straight line which, unless otherwise approved by the Engineer, shall be obtained by laying a strip of building paper or other material, approved by the Engineer, on the pavement surface. After application of slurry, the paper shall be removed, leaving a straight edge.

All cul-de-sacs the Contractor shall slurry seal first to allow an extended cure time for the cul-de-sacs locations. Spillage resulting from hauling operations along or across any public traveled way shall be removed immediately by the Contractor at its expense.

The finished surface of the slurry seal shall be at least as smooth as the original pavement surface. Any corrugations on the surface creating vibrations noticeable by passengers in an automobile driving over the slurry sealed surface at legal speeds will result in rejection of the slurry seal construction.

Following curing of the applied slurry, the roadway shall be uniformly black in color and shall exhibit no streaking. Where the completely slurry is not uniform in color, the slurry application will be rejected. Any overlap onto concrete gutters is unacceptable and shall be removed immediately. All curbs, gutters, sidewalks and driveways shall be maintained free of loose aggregate and shall be swept as necessary or as directed by the City Engineer. Any stains resulting from the slurry sealing or paving shall be removed to the City’s satisfaction. Any slurry seal application that has been rejected will be removed by cold planning to the original pavement. A new slurry seal application shall then be placed on the pavement. Any Pavement of slurry seal rejected shall be removed and replaced with the cost borne by the Contractor.

The Contractor shall be responsible for covering all asphalt pavement surfaces with an application of slurry seal in designated areas. This will include, but not be limited to, asphalt pavement directly adjacent to edges of structures, fences, walls, planters, walkways, driveways, lawns, and porches. The Contractor shall prevent the slurry seal from being deposited on any of these facilities and/or improvements and shall remove any splattering or spillage.

The Contractor shall provide such flagmen and barricades as required to protect the uncured slurry from vehicular traffic. Any damage to the uncured slurry shall be the responsibility of the Contractor.
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The Contractor shall have a sufficient number of men on the job at all times to properly protect the freshly laid material and to correct any irregularities resulting from spillage, unsatisfactory materials or any other inconsistency as the work progresses. All discrepancies encountered in the application of slurry shall be immediately corrected to the satisfaction of the Engineer.

Upon Completion of each working day, the Contractor shall clean up the street or roads including all utility covers and all ground occupied by him in connection with the work. All work performed by the Contractor shall be left in a neat and presentable condition.

At the end of each day’s work and at other times when construction operations are completed or suspended, all equipment and other obstructions shall be removed from the roadway.

Any slurry seal repair work performed by the Contractor shall be reviewed and approved by the Engineer. The cost of any repair work and removal of the damaged slurry seal shall be borne by the Contractor.
302-4.1.4 CRACK SEAL
This work shall consist of sealing all transverse and longitudinal cracks, and/or combination thereof, routing grooves along random cracks; and placing sealing material in the grooves, and as directed by the Engineer.
302-4.1.4.1 Material
Grooves for transverse and longitudinal cracks, and/or combination thereof; shall be cut, to the dimensions as stated, with concrete saws equipped with diamond blades. Each groove shall be cut in one pass of the saw.

Grooves for sealing random cracks shall be routed by any method that will produce a groove of the approximate shape and dimension as stated.

Joint sealant shall conform to the requirements of ASTM Designation: D 3405 as modified herein or to the following:

Joint Sealant shall be a mixture of paving asphalt and ground rubber. Ground rubber shall be vulcanized or a combination of vulcanized and vulcanized materials ground so that 100 percent will pass a No. 8 sieve. The mixture shall contain not less than 22 percent ground rubber, by weight. Modifiers may be used to facilitate blending.

The sealant shall have a Ring and Ball softening point of 135 °F minimum, when tested in accordance with AASHTO Designation: T 53.
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The material shall be capable of being melted and applied to cracks and joints at temperatures below 400°F. When heated, it shall readily penetrate grooves ¼ inch wide or wider.

Section 4.2 of ASTM Designation: D3405 is modified to read:

Penetration at 77°F. (25°C), 150g, 5s, shall not exceed 120.

Section 4.5 of ASTM Designation: D3405 is modified to read:

Resilience – When tested at 77°F. (25°C), the recovery shall be a minimum of 50 percent.

Each lot of joint sealant shipped to the job site, whether as specified herein or conforming to ASTM Designation: D 3405, as modified herein, shall be accompanied by a Certificate of Compliance as provided in Section 6-1.07, “Certificates of Compliance,” of the Standard Specifications, and shall be accompanied with storage and heating instructions and cautions.

Immediately prior to placing bond-breaker, or, in the case of random cracks, sealant, the joint, or routed crack, shall be cleaned by blast cleaning or by hand methods and then cleaned with high pressure air fets to remove all residue and foreign materials from the groove. Joint and routed crack surfaces shall be fry at the time the sealant is applied.

A bond-breaker of a shape and material recommended by the manufacturer of the sealant, or as approved by the Engineer, shall be placed in the groove of transverse of longitudinal joints, and/or combination thereof.

Joint-Sealant materials shall be heated and placed in conformance with the manufacturer’s written instructions and the details shown on the plans. Joint-sealant materials shall not be placed when the pavement surface temperature is below 50°F.

The finished joint sealant shall be bonded to the faces of the joint groove. There shall be no separation or opening between the sealant and the faces of the joint groove, and there shall be no crack, separation, or other opening in the sealant. 302-4.1.4.2 Equipment
Router: Shall be so designed to follow random cracks accurately and in accordance to the requirements of the specifications and current Environmental Agency standards.

Compressor: An air compressor capable of a minimum of 85 to 150 cfm shall be used.

Asphalt-Rubber Sealant Machine: Shall have an oil jacketed pump heat transfer oil circulation system with a minimum of 200 gallons and an agitation system. There shall be 674
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a positive pumping system on the machine. The machine shall have a minimum melting capacity of 100 gallons per hour.
302-4.1.4.3 Application
Routing: Crack seal shall be applied to all cracks equal to, or greater than ¼” wide.

Random cracks equal to or greater than 1/8” wide up to and including cracks 1/4” wide will be routed to a minimum width of 1/4” wide and 1/2” deep, and cracks greater than 1/4” wide up to and including cracks of 3/4” wide shall be routed to a minimum width of 3/4” wide and 3/4” deep by mechanical means. Cracks greater than 3/4” wide shall be blown with compressed air of not less than 100psi. Cracks less than 1/8” wide shall not be sealed under this work..

The Contractor shall protect all existing utility covers, survey monuments, traffic detector loops and pull boxes during the routing operation and shall repair or replace any damaged facilities to its original condition. The existing facilities shall include but not be limited to the above items.

Removing: All routed material, dirt, vegetation, and foreign debris shall be blown and/or removed from the cracks including alligatoring cracks prior to the end of each work day.

All cracks shall be free from moisture, all dirt, routed material, vegetation and foreign debris.

Crack Filling: The routed and cleaned cracks shall be filled with specified sealant from the bottom up to the surface in such a manner which does not result in sealant bridging or entrapped air pockets. (With larger cracks, settlement and temperature shrinkage may occur, thus requiring a second application to bring the material up to surface).

Immediately after material installation, the material shall be squeegeed as level as possible. Poorly squeegeed material and crack filled material that separates from the crack shall be rejected. Because of the nature of the material, there may be variance above or below the pavement level. Alligatoring crack areas shall also be entirely covered with crack seal material.

Sweeping: Following slurry seal operations, streets shall be swept with a power vacuum sweeper. The Contractor shall perform vacuum sweeping of all slurry sealed streets a minimum three (3) times: twenty-four (24) hours after application of the slurry (or the following Monday if applied on a Friday) and for period of two (2) weeks after application of slurry seal to remove all accumulations of loose material and maintain streets in a “ravel free” condition. The Contractor shall make complete (curb-to-curb) passes on all scheduled sweeps. Where commercial street sweeping vehicles cannot remove loose material, including but not limited to driveways, sidewalks, and curb ramps, hand sweeping or equal shall be performed. The frequency and location of sweeping will be on as needed basis as determined by the Engineer for no additional cost to the City. 675
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Two weeks following the completion of slurry seal operations, the Contractor shall repair all power steering marks, rough seam lines, and any other defects as directed by the City Engineer.

Miscellaneous: Spillage resulting from hauling operation along or across any public traveled way shall be removed immediately by the Contractor at its expense.

The Contractor shall prevent the crack seal materials from being deposited on all existing facilities and/or improvements and shall remove any splattering or spillage.

The Contractor shall provide such flagmen and barricades as required to protect the uncured crack seal materials from vehicular traffic. Any damage to the uncured crack seal materials shall be the responsibility of the Contractor.

The Contractor shall have a sufficient number of men on the job at all times to properly protect the freshly laid material and to correct any irregularities resulting from spillage, unsatisfactory materials or any other inconsistency as the work progresses. All discrepancies encountered in the application of crack seal materials shall be immediately corrected of the satisfaction of the Engineer.

Upon completion of each working day, the Contractor shall clean up the streets or roads including all utility covers and all ground occupied by him in connection with the work. All work performed by the Contractor shall be left in a neat and presentable condition.

Temporary markings shall be placed and maintained until the final striping and markings are placed.

The Contractor shall be responsible for maintaining location of, and access to all waterline valves during construction.

At the end of each day’s work and at other times when construction operations are completed or suspended, all equipment and other obstructions shall be removed from the roadway.
302-5 ASPHALT CONCRETE PAVEMENT
[Add the following within each Subsection:].
302-5.1 General
Asphalt Concrete (AC) shall conform to Section 203-6 of the Standard Specifications, with Section 92, "Asphalt" of Caltrans Standard Specifications and Special Provisions, and as modified herein.
 AC base course shall be Type III-B2-PG-64-10 (3/4” sieve size).  AC leveling course shall be III-D-PG-64-10 (3/8” sieve size) (up to 0.08 foot thick). 676
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 AC surface course shall be Type III-C3-PG-64-10 (1/2” sieve size) and at least

0.16 foot thick.

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 new asphalt concrete mat.

Sub-grade preparation shall conform to Section 301-1 of the latest edition of the Standard Specifications for Public Works Construction.

Unless otherwise directed by the ENGINEER, the finished surface of the new leveling course shall be 2-inches thick at the center/crown of roadway, tapering to 0 inches thick approximately one foot from the edge of the gutter lip.

Finished surface of the new pavement shall be flush with the edge of the gutter, if there is a bike lane or crosswalk with curb ramps (A.D.A. path of travel). The finished surface of the new pavement shall be 3/8” higher than the edge of the gutter for all other conditions.

The Contractor shall be responsible for maintaining location of and access to, all water valves, water line gate valves and manholes during construction.

Contractor shall schedule paving operations to ensure that construction equipment does not drive over new A.C. material.

At least 24 hours of “cool off” time shall occur between A.C. lifts.

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.

Unless otherwise noted below, there are no special equipment requirements, the contractor shall comply with all provisions of the latest edition of the Standard Specifications for Public Works Construction.
302-5.2 Not Used
[Replace with the following:].
302-5.2 Asphalt Removal and Replacement
The Contractor shall remove the existing AC pavement section down to the elevation as depicted on the Plans. All work shall comply with the applicable sections of the Standard Specifications as required.

Sub-grade preparation shall conform to Section 301-1 of the Standard Specifications. 677
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The Contractor shall replace and compact the aggregate base section to the required elevation as specified on the Plans. The aggregate base material shall be ¾” CMB and conform to Section 200-2.4 “Crushed Miscellaneous Base” of the Standard Specifications.

The existing AC pavement shall be saw-cut to full depth to provide a clean, neat, and straight pavement break. Then the join between the existing pavement and the new pavement shall be sealed. A layer of tack coat shall be applied to all vertical-cut faces and between subsequent HMA lifts.

All excavated material shall be hauled and disposed of by the Contractor in accordance with these Special Provision and Standard Specifications.

The Contractor can elect to bring the entire AC Base Course to the existing finished grade prior to cold milling operations.
302-5.4 Tack Coat
Prior to placing asphalt concrete, all existing surfaces shall be cleaned by blowing air, water and/or broom, and the crack seal applied as part of 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.

The Tack Coat shall be applied to all exposed surfaces. 302-5.5.1 Surface Preparation
Prior to placing asphalt concrete, all existing surfaces shall be cleaned by blowing air, water and/or broom. All striping and markings shall be removed by grinding or by some other approved method before placing asphalt concrete surface course, and skin patching. The surface shall be free of water, dust, and all foreign materials before any tack coat is applied.

Prior to the application of new AC surface course, the Contractor shall locate and tie-out all manholes and valve covers before commencing work.

Asphalt concrete shall be compacted to achieve at least 95 percent of the relative compaction.

The Contractor is not allowed to drive his/her fully loaded trucks on the new asphalt concrete mat.
302-5.6 Rolling
Initial or breakdown compaction shall consist of a minimum of three coverages of a layer of asphalt concrete. A pass shall be a movement of a roller in both directions over the same path.
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A coverage shall be as many passes as are necessary to cover the entire width being paved. Overlap between passes during any coverage made to insure compaction without displacement of material, in accordance with good rolling practice, shall be considered a part of the coverage being made and not a part of a subsequent coverage.

Each coverage shall be completed before subsequent coverages are started.

Pneumatic rollers shall not be used without prior approval of the Engineer. The top layer of each lane, once commenced, shall be placed without interruption. The Contractor shall roll the newly laid asphalt concrete in such a manner that will not create a joint between two passes; joints shall be flush. If such joint exists, the Contractor shall be required to replace or repair that section as directed by the Engineer at no cost to the City. Six (6) inches of newly laid asphalt concrete to be joined by an adjacent pass shall not be rolled until adjacent pass has been laid.

Subgrade preparation shall conform to Section 301-1 of the Greenbook, and shall be included in the unit price bid for “Asphalt Concrete.”
Asphalt concrete shall be placed with a paving machine equipped with a Preco attachment or an approved equal device for use in obtaining constant cross-slope and maximum joint quality.

At all locations where new asphalt concrete pavement is joining or overlaying existing asphalt pavement, the Contractor shall provide straight neat lines and transition the last twenty (20) feet of new pavement to form a smooth transition with the existing pavement.

Asphalt Rubberized Hot Mix (ARHM) shall conform to Section 203-11 of the Standard Specifications and as modified herein.
 The Asphalt Rubber Hot Mix Surface Course shall be Gap-Graded ARHM-GG-C- PG 64-16 (1/2” sieve size) and at least 0.15 foot thick Finished surface of the new pavement shall be flush with the edge of the gutter for entire project area.
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Contractor shall schedule paving operations to ensure that construction equipment does not drive over new AC material.

The Contractor is not allowed to drive his/her fully loaded trucks on the new ARHM mat.

Unless otherwise specified herein, there are no special equipment requirements to perform the work and the contractor shall comply with all equipment specifications of the Standard Specifications.
302-9.2 Tack Coat
[Add the following:].

Prior to placing the ARHM surface course, all receiving 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.

The Tack Coat shall be applied to all exposed surfaces. 302-9.3 Distribution and Spreading
[Add the following:].

At least 24 hours of “cool off” time shall occur between A.C. lifts.

All temporary striping and markings shall be removed by grinding or by some other approved method before placing asphalt concrete surface course, and skin patching.

Asphalt concrete shall be placed with a paving machine equipped with a Preco attachment or similar device for use in obtaining constant cross-slope and maximum joint quality.
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 AC surface course, the Contractor shall locate and tie-out all manholes and valve covers before commencing work and comply with these Special Provisions.
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The Contractor shall measure the bridge height clearance at the SR 73 north and south bridges after placement of the AC leveling course at the specified roadway location to confirm that the min. 15’-0’ clearance will be achieved after placement of final surface course. Contractor to measure the final height from same location to confirm min.15’-0” clearance after final placement and compaction of surface course. If the measurement reduces the min. 15’-0” clearance, the Contractor shall be required to grind and re-pave the non-conforming area until compliance has been achieved and accepted by the ENGINEER.

The Contractor is directed to Section 403 within these Special Provisions with respect to raising, adjusting or reconstructing utilities to grade. 302-5.6 Rolling
302-5.6.1 General
[Add the following:].

Initial or breakdown compaction shall consist of a minimum of three coverages of a layer of asphalt concrete. A pass shall be a movement of a roller in both directions over the same path.

A coverage shall be as many passes as are necessary to cover the entire width being paved. Overlap between passes during any coverage made to insure compaction without displacement of material, in accordance with good rolling practice, shall be considered a part of the coverage being made and not a part of a subsequent coverage.

Each coverage shall be completed before subsequent coverages are started.

The top layer of each lane, once commenced, shall be placed without interruption. The Contractor shall roll the newly laid asphalt concrete in such a manner that will not create a joint between two passes; joints shall be flush. If such joint exists, the Contractor shall be required to replace or repair that section as directed by the Engineer at no cost to the City. Six (6) inches of newly laid asphalt concrete to be joined by an adjacent pass shall not be rolled until adjacent pass has been laid.

Pneumatic rollers shall not be used without prior approval of the ENGINEER. 302-9.5 Joints
At all locations where new asphalt concrete pavement is joining or overlaying existing asphalt pavement, the Contractor shall provide straight neat lines and transition the last twenty (20) feet of new pavement to form a smooth transition with the existing pavement. 302-9.8 Measurement
[Replace the first Sentence with the following:].
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ARHM shall be measured by the TON
302-9.9 Payment
[Replace the first paragraph with the following:].

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
[Replace the entire Subsection with the following:].

Concrete curbs, walks, gutters, spandrels, cross gutters, alley intersections, access ramps, and driveways shall be constructed of Portland cement concrete and comply with Section 201-1 of the Standard Specifications. The following class of concrete shall be used per each type of improvement:
 Curb and Gutter, Spandrels, Cross Gutters, Alley Intersections, and Driveways – 560-C-3250.
 Sidewalks and Access Ramps – 520-C-2500
The following AC type and Crushed Miscellaneous Base (CMB) shall be used with respect to each type of improvement:
 Asphalt Concrete Base Course shall conform to Section 302-5 of these Special Provisions.
 Crushed Miscellaneous Base (CMB) shall be ¾” fine and comply with Section 200-

2.4 of the Standard Specifications.
 AC Sidewalk – Surface Course (Type III-C3-PG64-10 (½” sieve size)) in conformance with Section 203-6 of the Standard Specifications.

Curing compound shall be applied in accordance with the provisions of the GREENBOOK.

CITY Standard Drawings
The following CITY Standard Drawings shall apply or per the direction of the ENGINEER:
 Curb and Gutter shall conform to Nos. 312 and 314.
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 Concrete Sidewalk shall conform to Nos. 411, 412, and 413, (and 414 where necessary). 4” Min PCC/4” CMB.
 Driveways shall conform to Nos. 313, 513, and 514.
 Cross-gutters shall conform to No. 415 or per Standard Plan No. 122-2 or 123-2 in the “Standard Plans for Public Works Construction,” also known as the A.P.W.A.

Standard Plans.

Caltrans Standard Plans
The following Caltrans Standard Plans shall apply:
 Americans with Disabilities Act (ADA) Access Ramps - Construction shall conform to Caltrans Standard Drawing No. A88A adjusted to meet the latest ADA regulations and requirements. The width of the wheel chair access ramp “W” shall be a minimum of five (5’) foot wide.
303-5.1.1 a) ADA Access Ramps
The Contractor shall inspect the location of the Access Ramps to be re-constructed prior to beginning the work to determine the appropriate Caltrans Standard Plan Ramp Case to be constructed. If the work entails removing and replacement of existing concrete sidewalk outside the ramp work limit area as identified in these Specifications or as shown on the Plans, he/she shall notify the ENGINEER prior to initiating the work.

The Contractor shall construct all necessary variable height-retaining curb at the back of the curb ramp as well as other retaining curb, if required, pursuant to the appropriate Caltrans Standard Plan ADA Ramp Case as determined by the Contractor and accepted by the ENGINEER. The Contractor shall relocate all street signs effected by the ramp construction to a condition equal to or better than existing.

The detectable warning surface shall be Armor-Tile replaceable truncated domes or approved equal. Contractor shall submit a sample of the detectable warning surface to the ENGINEER for approval, prior to the start of construction. The color shall be yellow.

The truncated dome mat shall be installed across the entire width of the bottom of the access ramp and shall be installed per the manufacturer's installation recommendations, or as directed by the ENGINEER.

The Contractor shall ensure safe passage by pedestrians during the ADA ramp construction and afford one safe crossing of the street at all times. The Contractor shall set-up all required signage and barricades within the work zone to provide safe pedestrian passage. 683
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AC Tie-in
The Contractor shall saw cut, remove, and reconstruct a minimum of a two (2) foot width (slot patch) of adjoining structural section of the pavement to the limits of the ADA Ramp construction (BCR joint to ECR joint). The AC structural section to be replaced shall be 8” AC Base Course/8” CMB or 12” full depth AC Base Course with compaction as required by the Standard Specifications.

If there is an asphalt concrete adjoining sidewalk to be reconstructed to tie into the new concrete ramp, a one-foot (1’) adjoining pavement section shall be removed and replaced with a structural section of 4” AC Surface Course/4” CMB.

Curb and Gutter
The Contractor shall sawcut and remove existing curb and gutter, and construct either Type "C-6” curb and gutter or "C-8" curb and gutter pursuant to the existing curb and gutter condition conforming to the CITY Standard Drawing No. 312, rolled curb and gutter and/or modified curb and gutter at locations marked in the field by the ENGINEER or as designed on the Plans.

SPECIAL NOTE: In order to comply with ADA requirements cross slope of gutter plate and AC at wheelchair ramp locations shall not exceed 5% grade in the gutter pan.

SPECIAL NOTE: Curing compound shall be applied in accordance with the provisions of the GREENBOOK.

Removal of the Concrete Curb and Gutter and AC shall conform to Section 401 “Removal” of the Standard Specifications.

Existing Landscape Areas
All existing landscaping/irrigation/backfill removed, as part of the access ramp construction shall be replaced in-kind and made a part of the work in conformance with these Special Provisions and Standard Specifications at no additional cost to the CITY.

Other Existing Facilities and Obstructions
The Contractor shall protect all existing improvements within the work area not designated to be removed in-place and intact and shall replace any existing improvements damaged by his/her operations at no additional cost to the CITY.

The Contractor shall locate and protect the traffic signal home-run within the slot patch and ramp area and coordinate with the City with respect to the signal loop replacement work as shown on the plans or as required. If the Contractor damages the existing signal loop conductor/conduit or other wiring to the signal pull box, all damage to said existing improvements shall be repaired/replaced to an in-kind condition pursuant to the required specifications and the system shall be restored for full operation at no cost to the City. 684
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The Contractor shall mark, protect, adjust, and re-set all utility boxes/vaults within the reconstructed area. Additionally, the Contractor shall replace any existing marked, labeled or stamped concrete on the face of curb of existing utilities, which include, but not limited, to water, sewer, gas, etc.
303-5.1.1 b) Curb and Gutter
Per CITY Standards, weakened plane joints are required every ten feet (10’) and felt paper every forty feet (40’). Transitional curb and gutter shall be ten feet (10’) from one type to the other. No construction joints will be permitted. 303-5.1.1 c) Concrete Sidewalk
The Contractor shall reconstruct existing concrete sidewalk and/or construct new concrete sidewalk around obstructions, install new concrete sidewalk, reconstruct or construct new ADA wheelchair ramps including monolithic curb, meandering sidewalk, retaining curb at back of the sidewalk, and other miscellaneous concrete construction conforming to these Special Provisions and as shown on the Plans. The Contractor may be directed to reconstruct concrete walkways within private properties in order to join new improvements. Prior to initiating the work outside the City rights-of-way, the City will obtain the necessary right of access documents from the private property owner.

If there is an asphalt concrete adjoining sidewalk to be reconstructed to tie into the new concrete sidewalk, a one-foot (1’) adjoining pavement section shall be removed and replaced with a structural section of 4” AC Surface Course/4” CMB.

The Contractor shall inspect the location of the concrete sidewalk work area to be re- constructed prior to beginning the work. If the work entails removing and replacement of existing concrete sidewalk outside the work limit area as depicted within these Specifications or as shown on the Plans, he/she shall notify the ENGINEER prior to initiating the work.

Existing Landscape Areas
All existing landscaping/irrigation/backfill removed as part of the concrete walkway construction shall be replaced in-kind and made a part of the work in conformance with these Special Provisions, Standard Specifications, and as directed by the ENGINEER at no additional cost to the CITY.

The Contractor shall place new sod or seed and top soil to match the existing grass species in the areas adjoining the newly constructed concrete improvements that were disturbed by his/her operations. The Contractor may be directed by the ENGINEER to sod or seed other areas as necessary in conformance with these Specifications.

Top Soil shall be Modified Class "A" Topsoil and shall consist of 80% content of Class "A" Topsoil per the Standard Specifications and 20% content of processed wood product of type "I" organic soil amendment per the Standard Specifications. 685
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The Contractor shall protect all existing improvements within the work area not designated to be removed in-place and intact and shall replace any existing improvements damaged by his/her operations. Any damage beyond the construction limit shall be repaired at the Contractor's expense per Section 400-1 of the Standard Specifications.

The Contractor shall protect and support existing irrigation lines and sprinkler heads in place and intact. The Contractor shall adjust the heads to the proper level upon completion of the new sidewalk replacement.

The Contractor shall furnish and install all new pipe sizes to match existing, but no less than ½” schedule 40, PVC pipe, to tie into existing pipes. New sprinkler heads shall be equal to or better than existing inclusive of all appurtenances. All work shall conform to the applicable sections of the Standard Specifications and as directed by the ENGINEER.

The Contractor may salvage and reuse sprinkler heads that are still in reusable and functional condition for use at locations from which they were removed.

The Contractor shall cut interfering portions of existing irrigation lines and cap all ends for future reconnection at the time that the work is started at each location. All repair and replacement of the irrigation system shall be done within five (5) days or sooner after disconnection. During disconnection period of existing irrigation systems, the Contractor shall maintain the existing grass, trees, shrubs, and other existing landscape in a live condition with a temporary irrigation system and/or shall water the landscaped areas by hand. Homeowner's water supply shall not be used without written consent from each homeowner.

The Contractor shall modify, relocate or replace and/or extend all encountered irrigation lines or sprinkler heads so as to give full coverage to landscape area.

The Contractor may be directed to extend the existing sprinkler system or place a P.V.C. sleeve under the new sidewalk improvements into the landscaped area between the curb and sidewalk and other locations as necessary as determined in the field by the ENGINEER.

Prior to accepting work, the Contractor must turn the system on, and it must work properly in the presence of and to the satisfaction of the Engineer and property owner. The Contractor shall replace any damaged and dead grass or landscaping beyond construction limits resulting from Contractor’s operation or insufficient water supplies at no cost to the CITY.

Other Existing Facilities and Obstructions
Contractor shall adjust to grade existing water meter boxes (WM) to the new grade of the sidewalk. The water meter and water line shall be protected in place. Broken water meter boxes shall be removed and replaced by the Contractor, contact Mesa Water District to obtain and pickup new WM box. WM box shall be furnished to the Contractor at no cost.

The Contractor shall protect in-place the existing mail boxes or relocate them if they do not meet U.S. Post Office standards (see the Standard Plans section, if applicable). The 686
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Contractor shall provide a new post in case the existing one cannot be saved as determined by the ENGINEER in the field. The Contractor shall relocate the existing mailboxes which conflict with construction of the sidewalk or pedestrian path of travel with prior approval of the U.S. Post Office Post Master and the ENGINEER.

The Contractor shall relocate any street signs, which interfere, or conflict with construction of the sidewalk. A minimum 4-foot wide path of travel shall be required.

Sidewalk obstruction flare construction shall be per City Standard Drawing No. 413 or as shown on the Plans or as depicted within these Specifications.

At certain addresses, the Contractor will be directed to remove concrete and/or other improvements in the right-of-way. Upon the completion of the removal of existing concrete improvements within the parkway, including the underlying aggregate base for which no replacement is required, the Contractor shall backfill the void with Modified Class "A" Topsoil for placing new sod or seed as directed in those respective bid items. 303-5.1.1 d) Concrete Cross-Gutter
Contractor shall sawcut and remove existing improvments and reconstruct cross-gutter conforming to City of Costa Mesa Standard Drawing No. 415 or per Standard Plan No. 122-2 or 123-2 in the “Standard Plans for Public Works Construction,” also known as the A.P.W.A. Standard Plans, and applicable sections of the Standard Specifications, as directed by the ENGINEER.

Eight (8) inches of Crushed Miscellaneous Base (CMB) shall be required under all new cross gutters.

Concrete shall be class 560-C-3250. (High early strength concrete mix) Crushed Miscellaneous base material and construction shall conform to Subsections 200 and 301 of the The “Greenbook,” and as directed by the Engineer. The sieve size shall be ¾” (fine).

New improvements shall be constructed to grades as indicated on the plans to provide a proper flow line with the existing improvements as indicated on the plans.

All cross gutters and spandrel work shall be done in phases in order to provide one travel lane in each direction at all times. Contractor shall provide steel plates to bridge excavations for vehicles at no cost to the City in order to provide vehicle access. 303-5.1.1 e) Concrete Driveway Approach
Contractor shall sawcut and remove existing improvments and construct P.C.C.

Driveway Approach per City of Costa Mesa Standard Drawing Nos. 313, 513, and 514 and also to Standard Plan No. 110-2, Type “B” in the “Standard Plans for Public Works Construction,” also known as the A.P.W.A. Standard Plans. All work shall conform to the 687
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applicable portions of Section 303-5 of the Standard Specifications. Six (6) inches of Crushed Miscellaneous Base (CMB) shall be required under all new driveways.

The Contractor shall adjust all existing utility boxes and conduit, or water meter boxes within the new driveway approach, to its new finished grade, and the adjustment shall be included in the bid price per square foot of Residential Driveway or Commercial Driveway.

Removals and/or relocations necessary for driveway construction are to be paid as part of this bid item, except where a separate bid item exists for a stated removal or relocation item of work.

Concrete shall be class 560-C-3250.

Crushed Miscellaneous base material and construction shall conform to Subsections 200 and 301 of the The “Greenbook,” and as directed by the ENGINEER. The sieve size shall be ¾” (fine).

If there is existing asphalt concrete adjoining into the new concrete driveway approach, a one-foot (1’) adjoining pavement section shall be removed and replaced with a structural section of 6” AC Surface Course/6” CMB.

Asphalt concrete for slot paving shall be ¾” for base course and ½” for surface course, which is covered in Section 400-4 of Standard Specifications (latest edition).

Soils and aggregate tests shall conform to State of California test methods which may be substituted for designated ASTM test methods as noted herein. Laboratory maximum density tests shall be per Method 2 of Subsection 211-2.1. The correction for oversize materials as stated in Test Method No. California 216 shall be replaced with Note 2 of ASTM D1557.

New improvements shall be constructed to grades as indicated on the plans to match existing improvements and field condition with proper grade to form a safe and smooth riding surface.

Contractor shall provide steel plates to bridge excavations for vehicles at no cost to the City in order to provide access to driveways if requested by the resident. 688
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PART 4

EXISTING IMPROVEMENTS
SECTION 400 – PROTECTION AND RESTORATION
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:].
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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" 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 monuments 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:].
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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 owners of the utility companies at least two (2) working days in advance of any work (See Subsection 402-4 of these Special Provisions for utility contact information).
402-1.2 Payment
[Replace with the following:].

Payment for utility location by the Contractor shall be included in the bid prices for the various items of work requiring utility location and no further compensation will be allowed. 691
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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 bid prices 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]
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 Emergency)
Email: [email protected]
Costa Mesa Sanitation District
Marc Esquer, District Engineer
(o) (949) 645-8400 x241
(c) 949-473-2522
Email: [email protected]
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Mesa Water District
Mark Pelka
1965 Placentia Ave.

Costa Mesa, CA 92627
(o) (949) 207-5451
Email: [email protected]
Costa Mesa Sanitation District
Nabila Guzman, Construction Notices
290 Paularino Avenue
Costa Mesa, CA 92626
(o) 949-645-8400, ext. 230
Email: [email protected]
Irvine Regional Water District
Brianna Palecek
15600 Sand Canyon Ave.

Irvine, CA 92618
(o) 949- 453-5811
Email: [email protected]
*utility requests
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 Emergency)
Email: [email protected]
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]
Orange County Sanitation District (OCSD)
Daniel Lee
P.O. Box 8127
Fountain Valley, CA 92728
(o) 714-593-7348
(c) 714-593-3301 (24-hour Emergency)
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]
Mpower Communications, Inc.

Mark Denning
2698 White Road
Irvine, CA 92614
(o) 949-864-0296
(c) 949-547-6455
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 (Utility Notice Requests)
Kasy Chapman
7333 Bolsa Ave.

Westminster, CA 92683
(o) 714-895-0109
(c) 800-611-1911 (24-hour)
Email: [email protected]
Metropolitan Water District of So. California
Civil Engineering Substructures Section
Melissa Choi
P.O. Box 54153
Los Angeles, CA 90054
(o) (213) 217-7516
Email: [email protected]
SCE (Service Planner – Orange Coast S/C)
Stephen Lee
7333 Bolsa Ave.

Westminster, CA 92683
(o) 714-397-4706
Email: [email protected]
Southern California Gas Co. (Transmission)
P.O. Box 2300
Chatsworth, CA 91313-2300
(o) 818-701-4546
Email: [email protected] Southern California Gas Co.

Alfredo Gutierrez
(o) 213-231-7515
(o)714-385-3386
Email: [email protected]
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Charter Communications
Utility Research Requests
E-mail: DL-SOCAL-CHARTER-
[email protected]
Charter Communications
Don Simons
Construction Manager, Zone 8
7142 Chapman Ave.

Garden Grove, CA 92841
(o) 714-591-4871
Email: [email protected]
Spectrum Time Warner Cable
Jose Roman
12051 Industry St.

Garden Grove, CA 92841
(o) 714-591-4846
(c) 657-263-3641
Email: [email protected]
Verizon Communications
Matt Bergine
Engineer IV
Specialist-Network Engineering & Operations
(o) 949-417-7841
(c) 714-822-6207
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
Verizon Communications
Switchboard
(o) 703-547-2000
Newport-Mesa Unified School District
Steve Morris
(o) (714) 679-9891
(f) (714) 424-7503
Email: [email protected]
DIGALERT.ORG
(24-HR) 811
2 days before digging.
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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.
[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, and to the provisions of the 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.
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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.

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 at least two working days prior to beginning work.
403-3.1 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 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. 696
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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 a depth of two (2) inches from edge of gutter to edge of gutter. The final depth, width, length and shape of the cut shall be 2” below the lip of gutter as indicated on the Plans.

The final cut shall result in a uniform surface conforming to the typical cross section(s) 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.

The existing asphalt concrete pavement shall be header cut at a depth of (2) inches below the existing pavement, ranging from the edge of gutter to (7) foot wide, along both sides of the street. The limits will be marked in the field by the Engineer. The work shall comply with Section 302-5 of the latest edition of the Standard Specifications for Public Works Construction.

Burning or heat planning 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 manufactures 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 Asphalt Concrete Type III-B2-PG-64-10 (3/4” sieve size), and compacted 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 TRANSISTIONS
[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.
698
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SP-30

TRAFFIC SIGNAL MODIFICATION
AT

BAKER STREET AND BABB STREET

TECHNICAL SPECIAL PROVISIONS AND BID ITEMS
Work, material and equipment shall comply with the current edition of Standard Specifications for Public Works Construction (Green Book), its supplements, and any other publications as specified. Traffic signal and signing and striping work, material and equipment shall comply with the 2023 Caltrans Standard Specifications and any applicable errata (or Revised Standard Plans). If a conflict exists between these Special Provisions and either set of Standard Specifications, these Special Provisions shall take precedence.

In compliance with the NOTICE INVITING BIDS FOR THE TRAFFIC SIGNAL MODIFICATION AT BAKER STREET AND BABB STREET (CITY PROJECT NO. 24- 02), 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. The undersigned agrees to commence all preparatory work such as potholing, submittals, ordering long-lead materials, etc. within ten (10) business days after Notice to Proceed for Construction and commence the Work under the Contract WITHIN TWENTY (20) WEEKS AFTER NOTICE

TO PROCEED FOR CONSTRUCTION, AND COMPLETE SAID WORK WITHIN THIRTY (30) WORKING DAYS from the first day of commencement of such work unless a 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 therefore, in the manner and time herein prescribed.

PROJECT DESCRIPTION
The Project consists of modifying the existing traffic signal at the intersection of Baker Street and Babb Street to provide protected permissive left turn phasing for eastbound and westbound traffic along Baker Street. Improvements include but are not limited to new traffic signal poles, vehicle heads, pull boxes, traffic signal conduit, sidewalk and curb ramp restoration and construction, loop detection, and relocation of existing traffic signal equipment.

Bid Item #1: Mobilization and Demobilization
See page SP-2 of these Special Provisions regarding Mobilization and Demobilization. 699
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Bid Item #2: Additional Work Items (i.e., Unforeseen Items and / or Work Requested by the Engineer)
See page SP-4 of these Special Provisions regarding Mobilization and Demobilization.

Bid Item #3: Implement Traffic Control, including all Equipment, Material, Labor, and Set Up (includes Removal at the End of the Project) The contractor shall schedule the work to comply with the lane closure hours allowed herein.

Only one lane shall be closed to traffic in any direction between 8:30 am and 3:30 pm, Monday through Friday. All lanes must be open during peak hours of 6:00 am to 8:30 am and 3:30 pm to 7:00 pm. All lanes must be open during weekends and City observed holidays. Lane closures more than one lane may be allowed between the hours of 10:00 pm and 6:00 am during weekdays, or on weekends, as approved by the Transportation Services Department. The contractor shall make sure that at least one travel lane is kept open in each direction at all times.

No lane closures will be allowed during the annual Orange County Fair annual July event extending from the Thursday before to the Monday after the fair event. No lane closures will be allowed from the Friday before Thanksgiving to the Monday after New Year's Day.

The minimum lane width shall be ten (10) feet. There shall be a minimum of five (5) feet clearance from open excavation and two (2) feet clearance from other obstructions.

PEDESTRIAN ACCESS
Where construction prohibits pedestrian access, alternate crossing areas shall be established with appropriate signing and other devices as required by the Engineer.

Pedestrian access facilities shall be provided thru construction area within the right-of- way at all times. Pedestrian walkways shall be provided with surfacing as required to maintain safe and accessible pathways. Surface shall be skid resistant and free of irregularities.

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 and maintained.

If the Contractor's operations require the closure of a walkway, then another walkway shall be provided nearby, off the traveled roadway, along the general path of travel.

TRAFFIC CONTROL GENERAL
Any location considered not accessible by pedestrians or motorists as determined by the Engineer will be resolved at the direction of the Engineer. The Contractor will not be paid for such corrective action and shall be charged for any costs incurred by the City for corrective action. In addition to the above and in compliance with Section 7-10, the Contractor shall:
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a. Provide a safe and drivable ingress and egress to residents and businesses at all times, and provide safe pedestrian crossing paths at all times. b. Provide temporary traffic re-striping at the conclusion of any working day for any centerline, lane line or stop bar which is obliterated by construction. c. Be responsible for identifying the location and for the protection of all electrical facilities including signal conduit and interconnect. Where damage is caused by the Contractor's operation, the Contractor shall replace damaged facility at no extra cost to the City of Costa Mesa. Where construction signing conflicts with existing signing, the Contractor shall cover existing signs in a manner approved by the Engineer.
d. Be responsible for notifying residents and businesses, in writing, seven (7) days in advance of any work that involves limited access. The Contractor shall provide verification to the Engineer that this has been accomplished. e. Notify the trash pickup company "Costa Mesa Disposal" of the schedule of work and the limitation of access. Contact City at (714) 754-5307 for Costa Mesa Disposal's address
f. Furnish, install and maintain in-place "No Parking - Tow Away" signs (even if streets have posted "No Parking" signs) which shall be posted at least (2) working days prior to commencement of roadwork. On the sign, the 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 prior to posting.

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 beginning weekend or holiday. g. Coordinate with Orange County Transit District (Ph No. (714) 636-7433 x4330) to plan and to accommodate bus routes at least five (5) working days prior to commencement of any work which will involve any of their facilities. h. Provide any temporary delineation, as required, in accordance with the CA- MUTCD, applicable Caltrans Standard Plans and as directed by the Engineer. i. Excavations shall be backfilled and hot mix asphalt concrete or temporary asphalt concrete surface shall be placed to the level of the existing pavement at the end of each work period as necessary to provide the required number of travel lanes and access to intersecting streets.
j. The contractor shall provide temporary K-rails, visual barriers and temporary crash cushions as necessary to protect traffic from excavation areas. If K-Rails are provided, then the minimum distance between the traveling lane and the rails shall be 2 feet.
k. All pre-existing permanent traffic control signs and devices shall remain in operation unless a substitute operation is arranged for and approved by the Engineer.
l. The Contractor shall use illuminated or reflective warning construction signs at appropriate locations for the project and/or as directed by the Engineer. The Contractor shall also use flashing arrow boards for each lane closure in addition to other delineation.
m. C-18 ROAD CONSTRUCTION AHEAD, C-17 with 25 MILE SPEED LIMIT, and soft barricades shall be used at all approaches as may be suitable. The Contractor shall employ sufficient traffic barriers to prevent traffic from entering the construction areas.
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n. The Contractor shall provide flagmen to direct the traffic where required and as directed by the Engineer.

The Contractor shall maintain a 24-hour emergency service to remove, install, relocate, and maintain warning devices and shall furnish the Engineer with names and telephone numbers of at least three people responsible for emergency service response. In the event these people do not promptly respond when notified, or it becomes necessary to call other forces to accomplish emergency service, the Contractor will be held liable for any costs incurred. A $400/hour at 4-hour minimum will be charged to the Contractor. Any deviation from these requirements is not permitted. No payment will be made to the Contractor until problems are corrected to the satisfaction of the Engineer.

Payment
Payment for the preceding shall be at the lump sum price bid for Traffic Control and shall be considered full compensation for preparing all necessary traffic control plans, providing all labor, materials, equipment including arrow boards, police services, barricades, safe pedestrian access provisions and related work as required. Additional compensation shall not be allowed.

Bid Item #4: Furnish, Install, and Perform New Traffic Signal Modification at Baker St. & Babb St., including all Appurtenant Material, Equipment, Labor, and Construction to Produce a Full Functioning Traffic Signal System that is Connected and Fully Communicates with the City’s Traffic Management Center (TMC). Work includes the Construction, Installation, Labor, and Materials for the Installation of Sidewalks and Curb Ramps Shown on the Plans
The following additions are made to the “Standard Specifications.” If there is a conflict between the “Standard Specifications” and these additions, these additions shall have precedence. Provisions of Sections 12, 56, 84, 86 and 87 of the Standard Specifications and Standard Plans (2023), and any applicable errata (or Revised Standard Plans) of the State of California, Department of Transportation shall apply to all construction materials, methods, and payment for traffic signal and lighting work, except as stated herein. 702
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4 SCOPE OF WORK
4-1.03 Work Description
[Add the following:].

The scope of work in general consists of modifying the existing traffic signal at the intersection of Baker Street and Babb Street to provide protected permissive left turn phasing for eastbound and westbound traffic along Baker Street. Improvements include but are not limited to furnishing and installing of new signal poles and foundations, vehicle heads, pull boxes, traffic signal conduit, conductors and cable, sidewalk and curb ramp restoration and construction, loop detection, relocation of existing traffic signal equipment, and all work, materials and equipment required to provide operation as shown on the Plan and these Specifications. Work also includes potholing for the new traffic signal pole foundations. Work, materials and equipment shall conform to the provisions in Division X, “Electrical Work”, of the Caltrans Standard Specifications dated 2023, and these Special Provisions.
6 CONTROL OF MATERIALS
6-2 Quality Assurance
6-2.03 Department Acceptance
6-2.03B Job Site Inspection and Testing
[Add the following:].

It shall be the Contractor’s responsibility to arrange the furnishing, testing, pick-up, and delivery of all items to the project site. Any costs involved to test, deliver and install equipment shall be borne by the Contractor and be considered as included in the lump sum price and no additional compensation shall be allowed.

Following notification, the Contractor must complete a satisfactory “turn-on” within a reasonable time of the day and hour specified in the notification. When a turn-on is not completed, as specified above, it shall be canceled and rescheduled with the Engineer.

The turn-on shall not be made on Friday or the day preceding a legal holiday. The Engineer shall be notified at least 48 hours prior to the intended turn-on and shall authorize the “turn-on” day and hour.

The installation resistance shall not be less than 100 megohms on all circuits when the megger tests are performed. Testing shall not be conducted until all control and/or sensor units and probes have been disconnected from the circuit.

The signal monitoring unit shall be tested in the field before “turn-on”. Five days of continuous satisfactory operation as called for in Section 87-1.01D, “Quality Assurance,” of the Standard Specifications shall be provided.
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8 PROSECUTION AND PROGRESS
8-1.02 Schedule
8-1.02A General
[Add the following:].

The Contractor shall initiate procurement of traffic signal equipment immediately upon contract authorization and begin assessment of utility locations. The Engineer shall approve the scheduling and sequence of all construction work prior to performing the construction activity. The Contract shall contact each utility company to coordinate and schedule work and provide written correspondence to the Engineer.

The Contractor shall verify all existing facilities and notify the Engineer of any conflicts found during pre-construction inspection prior to commencement of any work. During the course of construction, no additional compensation will be provided for the correction of the differences between the plans and in the field.

The Contractor shall attend a pre-construction meeting within one (1) week following contract award. No actual project working days shall be charged for these activities. The Contractor shall notify the City in writing of the start date of actual field construction.

Excavation, conduit installation, pull boxes and foundations should be coordinated in a most expedient manner to minimize the disruption and inconvenience of an extended construction schedule. Construction once started shall be pursued daily through project completion.

The Contractor is responsible for securing an adequate storage site for equipment and materials. The Contractor shall provide supervisory personnel to keep the construction site in a safe, neat and orderly condition at all times. No Materials or equipment shall be stored at the job sites unless approval is issued by the Engineer.

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 drawings, specifications, and other related documents.
56 OVERHEAD SIGN STRUCTURES, STANDARDS, AND POLES
56-3 Standards, Poles, Pedestals, And Posts
56-3.01C(2) Foundations
56-3.01C(2)(a) General
[Add the following:].

Portland Cement Concrete (PCC) shall conform to Section 90-2, “Minor Concrete” of the Standard Specifications and shall contain not less than 564 pounds of cement per cubic yard. Foundation concrete shall be vibrated to eliminate air pockets. Anchor bolts and 704
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cages shall be furnished and installed by the Contractor conforming to Caltrans standards. The contractor shall verify the bolt pattern of each pole prior to foundation installation.

Existing pole foundations shall be completely removed. All material removed for pole foundations shall become the property of the Contractor and disposed of outside the work site by and at the expense of the Contractor on the same day of excavation. Contractor shall define the exact location and depth of all utilities in the vicinity of proposed foundations.

After all utility locations are exactly established, the Contractor shall contact Engineer for authorization of specific pole foundation location.
56-3.02 Steel Standards, Poles, Pedestals, and Posts
56-3.02A General
[Add the following:].

Contractor shall furnish and install poles, nuts, bolts, washers, cages, and other hardware as required conforming to Caltrans standards, at no additional contract expense. Poles and hardware shall be tested and certified per Caltrans testing procedures. Copies of the inspection request form and certifications given to the Engineer. Sign mounting hardware shall be Detail “U” of the Standard Plans ES-7N.

The Contractor shall coordinate the delivery and erection of poles to occur on the same day. No materials or equipment shall be stored at the job site unless authorized by the Engineer. The job site shall be maintained in a neat and orderly condition and safe pedestrian pathways provided at all times along all sidewalks, without exception. The installation of signal poles shall meet CAL/OSHA Electrical Safety Order and the Public Utilities Commission General Order No. 95, Rules for Overhead Electric Line Construction.

ADA Truncated Domes (Yellow)
Contractor shall install Federal Yellow Detectable Warning Surface (Truncated Domes) on ramps per current Caltrans Standard Drawing No. RSP A88A, per Federal ADA and manufacturers requirements, as directed by the Engineer. Truncated domes shall be ArmorTile or approved equal. Contractor shall submit a sample of the detectable warning surface to the Engineer for approval, prior to the start of construction. The color shall be federal yellow or approved equal. The truncated dome mat shall be installed across the entire width of the bottom of the access ramp and shall be installed per the manufacturer's installation recommendations, or as directed by the Engineer.

Payment
Payment for the proceeding shall be included in the per the Lump Sum bid fee for “Furnish, Install, and Perform New Traffic Signal Modification at Baker St. & Babb St., including all Appurtenant Material, Equipment, Labor, and Construction to Produce a Full Functioning Traffic Signal System that is Connected and Fully Communicates with the 705
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City’s Traffic Management Center (TMC). Work includes the Construction, Installation, Labor, and Materials for the Installation of Sidewalks and Curb Ramps Shown on the Plans” and additional compensation shall not be allowed. Concrete specifications are shown in Section 303 (Page SP-22) of these Special Provisions. The Lump Sum price shall include full compensation for furnishing all labor, material, tools, equipment and incidentals, and for doing all work involved as specified on the Plans and these Specifications. The lump sum price shall include the truncated domes detectable warning surface.
86 GENERAL (DIVISION X ELECTRICAL WORK)
86-1.02 Materials
86-1.02B Conduit and Accessories
86-1.02B(1) General
[Add the following:].

Conduit shall be High Density Polyethylene (HDPE) Type IPS SDR9, or Schedule 40 PVC, unless otherwise approved by the Engineer. HDPE shall be used for underground boring of conduit or for underground fiber optic cables and shall comply with ASTM F2160.

The contractor shall have the proper HDPE spooling equipment to install conduit without crimping or damage. HDPE conduit shall not be spliced. A bonding wire shall be furnished with all HDPE conduit. All conduit sweeps shall meet Caltrans standards for future fiber optic cable installations.

Pull tape shall be furnished and installed in each new conduit run. Pull tape must be a flat, woven, lubricated, soft-fiber, polyester tape with a minimum tensile strength of 1,800 lb. The tape must have sequential measurement markings every 3 feet.

Tracer wire shall be furnished and installed in each conduit run and shall be a minimum No. 12 solid copper conductor with orange insulation Type TW, THW, RHW, or USE. 86-1.02C Pull Boxes
86-1.02C(1) General
[Remove section from lines 6 to 23].
[Add the following:].

Pull boxes shall conform to the provisions in the State Standard Specifications and these special provisions and comply with UL and NEMA standards. New pull boxes shall be Christy N-series and lids shall be lightweight fiber material, “Fiberlyte”. Pull box lids for fiber optic pull boxes shall be bolt-down anti-vandal type. Contractor to furnish tool for unlocking and removing pull box covers. 706
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All pull boxes shall be factory-made standard size No.6 pull boxes unless otherwise noted on the plans or directed by the Engineer. Home run pull boxes or pull boxes containing fiber splice enclosures shall be size No. 6 with extension (#6E) unless otherwise noted on the plans or directed by the Engineer. The cover marking for each pull box shall read "TRAFFIC SIGNAL" for traffic signal pull boxes, “TRAFFIC FIBER” for traffic signal fiber optic communication pull boxes, and “LIGHTING” for lighting pull boxes, Pullboxes containing fiber optic cables shall be provided with vandal resistant locking mechanisms as specified in the State Standard Plans and shall be gray in color.

Contractor shall submit to the City equipment necessary to unlock and access pull boxes. Contractor to send submittal for City review and approval prior to ordering.

A pull box cover must have a marking on the top that is:

1. Clearly defined

2. Uniform in depth

3. Parallel to the longer side

4. From 1 to 3 inches in height
Pull boxes adjacent to Traffic Signal poles shall have 10 foot ground rod with ground clamp and shall be fastened to bare grounding conductor from Traffic Signal pole. No new pull box shall be located within five feet of a water meter or fire hydrant. Replace sidewalk in-kind to match existing material, color, and pattern, from score mark to score mark after pull boxes have been installed.
86-1.02C(2) Nontraffic Pull Boxes
[Add the following:].

The nontraffic pull box shall be a type N series pull box and the pull box lid shall be Fiberlyte material. Pull boxes and covers shall be gray. 86-1.02F Conductors and Cables
86-1.02F(1) General
[Add the following:].

Only the splicing of loop detector cable shall be permitted. All other conductors including interconnect cable shall be continuous without splicing between terminal points, without exception. Conductors No. 8 AWG or larger shall be spliced by the use of “C” shaped compression connectors. Splices shall be insulated by “Method B.”.

Individual conductors shall not be used for new traffic signal installations or modifications of existing traffic signals unless specifically directed by the ENGINEER and shown on the plans.

Each traffic signal pole shall be served by a single 12 CSC cable per each two vehicle phases. Each pedestrian push button or bicycle push button assembly shall be served by a single 3 CSC.

Conductors and cables must be clearly and permanently marked the entire length of their outer surface with:
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Project and Specification No. 24-02
SP-39

1. Manufacturer's name or trademark

2. Insulation-type letter designation

3. Conductor size

4. Voltage

5. Number of conductors for a cable
The minimum insulation thickness and color code requirements must comply with NEC. 86-1.02F(1)(c)(ii) Bonding Jumpers and Equipment Grounding Conductors [Add the following:].

Grounding jumper shall be attached by a 3/16 inch or larger brass bolt in the signal Standard or controller pedestal and shall be run to the conduit, ground rod or bonding wire in adjacent pull box. The grounding jumper shall be visible after the PCC cap has been poured on foundation.
86-1.02K Luminaires
86-1.02K(1) General
[Add the following:].

Luminaire heads shall be LED-type. All luminaire heads shall be equipped with utility wattage labels. LED Luminaires shall be City Furnished Leotek GCL G-series “legacy” or GCM J-Series luminaire heads, model number GCL1-60G-MV-NW-3R-GY-530-WL- PCR7-LLPC-SC or City approved equal. The luminaire heads shall be 250W HPS equivalent or greater.
86-1.02P Enclosures
86-1.02P(2) Service Equipment Enclosures
[Add the following:].

The contractor shall protect-in-place the existing Type II-B service cabinet on the existing traffic signal cabinet.
86-1.02Q Cabinets
86-1.02Q(3) Controller Cabinets
[Replace the entire section with the following:].

The contractor shall protect-in-place the existing Type P-44 cabinet assembly. The contractor shall furnish and install five (5) new load switches and rewire cabinet for intended phasing modifications.

Contractor shall furnish and install all miscellaneous items as necessary to produce a fully- operational system in accordance with the plans, these technical provisions, Caltrans Standard Plans and Standard Specifications.
708
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SP-40
86-1.02R Signal Heads
[Add the following:]
Vehicle head mountings shall be configured as directed by the Engineer prior to drilling of standards and head installations. Adjustments required to the signal head mounting configuration and placement on standards shall be provided as directed by the Engineer at no additional contract cost. PV heads, if used, shall be programmed at the direction of the Engineer. The color of all signal heads, backplates, and mountings shall be black.

All signal heads shall have backplates.
86-1.02R(4) Signal Faces
[Add the following:].

All new circular signal indications shall be 12” GE VLA Model LED Signal Modules with an incandescent look and arrow indications shall be 12” GE GTX City VLA Model with an incandescent look. All indications shall be clear and not tinted. A five-year warrantee shall be provided on all LED lenses furnished by the manufacturer. A Certificate of Compliance from the manufacturer shall be submitted to the Engineer, and a copy of the LED purchase order, product specification, certificate of compliance and warrantee. If programmed visibility (PV) signal heads are used, they shall be LED. 86-1.02T Accessible Pedestrian Signals
[Add the following:].

The Contractor shall furnish and install a Polara iNS iNavigator 2-wire push button APS system or approved equal. The APS system shall include Polara Push Button Stations, Central Control Unit (iCCU-S2) and Interconnect Board (iN2-ICB) and all necessary equipment, mounts, cabling, connectors, and any other items necessary to provide the intended operation as shown on the plans and these specifications. The APS shall have vibrotactile feedback and arrow style push button per latest requirements outlined in the final rule of the Public Rights of Way Accessibility Guidelines (PROWAG).

All Pedestrian Push Buttons (PPB) that do not meet a minimum of a 10’ physical separation from any other PPB must be programmed with a speech walk message in compliance with PROWAG.

The contractor shall coordinate with the manufacturer and submit to the City specification sheets for the programming of the audible feedback messaging for each pedestrian crossing for City approval.

For APS push buttons, the push button sign shall be an R10-3e (9”x15”) sign with back plate attachment. The push button shall be yellow and installed 42” high from the center of the button to the finished pedestrian landing surface. Face-plate screws shall be stainless steel tamper resistant. The contractor shall submit the PPB manufacture’s specifications and warranty to the Engineer.
709
Project and Specification No. 24-02
SP-41
86-1.02U Push Button Assemblies
[Replace entire section with the following:].

Per the Public Rights of Way Accessibility Guidelines (PROWAG), all push button assemblies shall be APS systems. Please refer to Section 86-1.02T. 87 ELECTRICAL SYSTEMS
87-1 General
87-1.03 Construction
87-1.03B Conduit Installation
87-1.03B(1) General
[Add the following:].

Existing reused conduit shall be cleaned with a mandrel or cylindrical wire brush and blown out with compressed air.

Rock wheeling shall be allowed only if authorized in writing by the Engineer. The Engineer prior to work shall approve the method of rock wheeling. Conduit installation under pavement, curb/gutter areas shall be by boring method approved by the Engineer.

No open cutting shall be permitted for streets in City moratorium areas, unless City Standard roadway repair moratorium compliance measures are implemented. Any work in designated moratorium areas will include AC pavement mill and overlay work extending 50’ beyond the damaged area, within each affected travel lane.

Excessive use of water, such that pavement might be undermined, or subgrade softened shall not be permitted. Conduits to be drilled or jacking rod shall be fitted with suitable drill bits for the required hole size. Jacking or boring method must not weaken or damage any embankment, structure or pavement. Any mud from jacking or boring shall be flushed from the conduit and removed from the jacking pit to eliminate inadequate backfilling.

Parkway trenching shall conform to City of Costa Mesa Standard Drawing No. 813, 411, 413 and 414 for sidewalk replacement. All existing plant and irrigation materials including but not limited to sod, trees and bushes damaged by trenching or boring work shall be replaced in kind, at no additional compensation.

Within pull boxes, conduit shall be placed to meet minimum clearances between the pull box base, the conduit end and lid of pull box, conforming to Caltrans Standard Plans and Specifications. The contractor shall adjust existing pull boxes where clearance is inadequate to accommodate existing and proposed cable and/or conductors. Work shall conform to Caltrans Standard Specifications 86-1.02B and 87-1.03B. The ends of conduit 710
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termination in pull boxes and controller cabinets shall be sealed with an approved type of sealing compound.

Conduit shall be placed in a manner to allow the cable/wire to be pulled in a straight line and clear the side of the pull box by at least 2 inches. Use minimum bending radius as permitted by Appendix H of ICEA S-19/NEMA WC 3 and SMFO cable manufacturer's recommendations.

After conductors/cables have been installed, the exposed end of conduits terminating in pull boxes, service equipment enclosure and controller cabinets shall be sealed with an approved type of sealing compound immediately after installation of conductors. Conduit for future use in pull boxes shall be threaded and capped, with a pull rope intact between successive pull boxes.

All excavations for the installation of conduits and pull boxes, and removal of old systems, shall be backfilled, compacted and restored to match adjacent areas and excess material shall be immediately removed from the job site. All trenching activity, commenced each day, shall be fully backfilled to the finished surface grade at the end of each day; final resurfacing shall be completed within five (5) working days on all streets and all trenches maintained in a safe condition.

Work shall include furnishing and installing trenching, jacking and boring, and all associated labor, materials, tools, equipment and incidentals involved in furnishing and installing conduit, complete in place. This shall include installation of conduit under sidewalk, soil and roadway pavement areas, removing surface materials, furnishing fittings, bends, bushings, pull wires, modification of conduit entrances, replacement and repair in kind of AC, PCC, sod, irrigation within all areas affected by conduit installation, and all associated work, materials and equipment required to provide the intended operation. All jacking pits shall be adequately compacted immediately upon installing fill material and made safe for pedestrian access, and inspected by the Engineer prior to concrete or asphalt placement.

All conduit existing within excavation areas shall be lowered, modified and/or adjusted as required to accommodate the intended improvements at no additional compensation. The Contractor shall determine the exact location of all underground facilities within improvement area, by hand digging if necessary, prior to commencing excavation work to assure avoidance of conflicts. All costs for preliminary exploratory work of existing conditions and subsequent utility modification shall be included in the lump sum bid item and no additional compensation shall be allowed.

The Contractor shall be responsible for identifying the location and for the protection of all electrical facilities including signal conduit and interconnect. Where damage is caused by the Contractor's operation, the Contractor shall replace damaged facility at no extra cost to the City of Costa Mesa.
711
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87-1.03C Installation of Pull Boxes
87-1.03C(1) General
[Add the following:].

All pull boxes shall be located as shown on the plans and as directed by the Engineer.

No pull box shall be located within the driveway apron, or within any wheelchair ramp landing. Pull boxes within unimproved areas shall have a Class 1 flexible Post Delineator, per Caltrans Standard Plan A73-C installed adjacent to the pull box.

Within the pull box, the conduit shall be placed in a manner that the lowest portion of the opening shall be a minimum of 2 inches above the bottom of the pull box, the top portion of the opening shall be not less than 8 inches from the top of the pull box. The conduit shall be placed in a manner to allow the cable/wire to be pulled in a straight line and clear the side of the pull box by at least 2 inches.

Pullbox Installation Details - The bottom of pull boxes installed in the ground or in sidewalk areas shall be bedded in at least 6 inches of crushed rock and shall be grouted prior to the installation of conductors. The grout shall be between 1and 2 inches in depth and shall be sloped towards the drain hole. A layer of roofing paper shall be placed between the grout and the crushed rock sump. A 1 inch drain hole shall be provided in the center of the pull boxes or splice vault through the grout and the roofing paper.

Excavating and backfilling shall be as per section 87-1.03E, “Excavating and Backfilling for Electrical Systems” of the State Standard Specifications except that the backfill material shall not contain rocks graded larger than 1 inch.

Where the sump of an existing pull box is damaged by the Contractor’s operations, the sump shall be reconstructed and if the sump was grouted, the old grout shall be removed, and new grout placed at the cost of the Contractor and not the City. Any existing improvements damaged by the Contractor shall be in accordance with the State Standard Specifications at the cost of the Contractor and not the City.

Pull box Adjustments - The contractor shall adjust existing pull boxes where inadequate clearance is provided to accommodate the proposed cable and conductors, or where settling has occurred whereby the pull box grade is lower than that of the adjacent surface area grade at no additional cost to the City. Work shall conform to Caltrans Standard Specifications 87-1.03C. Pull box adjustment shall include the installation of new bushings, conduit end sealant, crushed rock and grout prior to the installation of conductors, and necessary concrete repair work. Old grout shall be removed, and new grout installed as required. Repair of adjacent PCC sidewalk shall be included, conforming with these specifications.
712
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87-1.03F Conductors and Cables Installations
87-1.03F(2) Cables
87-1.03F(2)(a) General
[Add the following:].

The 12 CSC and 3 CSC cables shall be run continuous between terminal block terminals and traffic signal controller cabinet load switch bay terminals. Splices will not be allowed and no daisy-chaining of traffic signal cables shall be permitted.

Mast-arm mounted traffic signal indications shall be connected to the side mount vehicle indication terminal box using a 5 CSC. Three section and four section vehicle indications shall use a single 5 CSC. Five section vehicle indications shall use 2-5 CSC. 5 CSC shall be run continuous between the signal indication and the side mount vehicle indication terminal box and no splicing will be allowed. Multiple indications for the same vehicle phase shall not use the same 5 CSC. Each CSC shall be labeled in a permanent, color- coded manner at the side mount vehicle indication terminal box, such that the vehicle phase and placement are noted on the cable. For example, Ø2 Inboard would indicate the cable serving the indication closest to the traffic signal mast arm pole.

The contractor shall provide cable slack to comply with the requirements shown in Caltrans RSP Section 87-1.03F(1). Contractor shall install a tracer wire in all electrical conduits.
87-1.03R Signal Heads
87-1.03R(1) General
[Add the following:].

Mounting hardware configurations shall be approved by the Engineer prior to installation.

Vehicle head mounting assemblies shall be configured and adjusted by the Contractor as directed by the Engineer at no additional contract cost.

The top opening of signal heads shall be sealed with a neoprene gasket. LED’s shall be products pre-qualified by the Caltrans’ Testing Laboratory. Signal mounting assemblies shall consist of Size 41 standard steel pipe or galvanized conduit, necessary fittings, slip- fitters and terminal compartments. Pipe fittings shall be ductile iron, galvanized steel, aluminum alloy Type AC-84B No. 380 or Bronze. Mast arm slip-fitters post top slip-fitters and terminal compartments shall be cast bronze or hot-dip galvanized ductile iron. After installation any exposed threads of galvanized conduit brackets and areas of the brackets damaged by wrench or vise jaws shall be cleaned with a wire brush and brush painted with 2 applications of approved un-thinned zinc-rich primer (organic vehicle type) conforming to the requirements in Section 91, “Paint”. Aerosol cans shall not be used. All iron and steel materials used shall follow Buy America regulations. 713
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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.
87-4 Signal and Lighting Systems
87-4.02 Materials
[Add the following section:].
87-4.02C Internally Illuminated Street Name Signs
[Add the following].

The contractor shall furnish a IISNS mast arm attachment to be installed on the existing signal pole at the northwest corner of the intersection. The existing IISNS shall be reused and relocated to the new IISNS mast arm. The contractor shall provide submittals sheets for review prior to ordering the IISNS mast arm.

No splicing is allowed within the fixture.
[Add the following section 88:].

PAYMENT – Payment for Compensation for “Furnish, Install, and Perform New Traffic Signal Modification at Baker St. & Babb St., including all Appurtenant Material, Equipment, Labor, and Construction to Produce a Full Functioning Traffic Signal System that is Connected and Fully Communicates with the City’s Traffic Management Center (TMC). Work includes the Construction, Installation, Labor, and Materials for the Installation of Sidewalks and Curb Ramps Shown on the Plans” shall be at the unit price bid per Lump Sum and shall include full compensation for potholing and the furnishing of all labor, materials, tools and appurtenances necessary to complete all work involved as specified on the plans and specifications and no additional compensation will be allowed therefore.
714
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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 and obtain approval prior to ordering the materials.
81-2.03 Construction
[Replace entire section with the following:].

The contractor shall surface mount the delineators using a 2-part epoxy and 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:

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.
715
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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. 81-8 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. 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 panels, 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.

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 contact the City’s project engineer.
716
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82-2.04 Payment
[Replace section with the following:].

Payment for the proceeding shall be per the Lump Sum bid fee for Signing and Striping and additional compensation shall not be allowed. The Lump Sum price shall include full compensation for furnishing all labor, material, tools, equipment and incidentals, and for doing all work involved as specified on the Plans and these Specifications. 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 1 ¾” square perforated steel posts (Telespar) with breakaway anchor.
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.

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:].

Payment for the proceeding shall be per the Lump Sum bid fee for Signing and Striping 717
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and additional compensation shall not be allowed. The Lump Sum price shall include full compensation for furnishing all labor, material, tools, equipment and incidentals, and for doing all work involved as specified on the Plans and these Specifications. 82-9 Existing Roadside Signs and Markers
82-9.04 Payment
[Replace the entire section with the following:].

Payment for the proceeding shall be per the Lump Sum bid fee for Signing and Striping and additional compensation shall not be allowed. The Lump Sum price shall include full compensation for furnishing all labor, material, tools, equipment and incidentals, and for doing all work involved as specified on the Plans and these Specifications. 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.
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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 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 Optamark with Optatrac. 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.

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) 719
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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 shown on the plans or where 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 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.
720
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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 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) 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. 721
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SP-53
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 the Engineer.

Prior to installing the thermoplastic on concrete, the Contractor shall use a concrete binder and prepare concrete surface for binder to facilitate proper adhesion of thermoplastic onto concrete.

All pavement marking arrows and words shall be thermoplastic unless otherwise noted on the plans or directed and approved by the Engineer.

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.
722
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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.
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 proceeding shall be per the Lump Sum bid fee for Signing and Striping and additional compensation shall not be allowed. The Lump Sum price shall include full compensation for mobilization, traffic control, and the furnishing of all labor, materials, tools and appurtenances necessary to complete all work involved as specified on the plans and specifications and no additional compensation will be allowed therefore. 723
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SP-55
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 grinding 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.

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:].

Bid Item #5: Complete all Signing, Striping, and Markings per Plan. This bid item includes all Materials and Labor
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 724
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SP-56
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 performance. 725
SECTION “F”

MISCELLANEOUS

CONTRACT

DOCUMENTS
(SAMPLE)
726
1 CITY OF COSTA MESA

PUBLIC WORKS AGREEMENT FOR
CITY PROJECT NO. 24-02
THIS PUBLIC WORKS AGREEMENT (“Agreement”), dated __________ (“Effective Date”), is made by the CITY OF COSTA MESA, a political subdivision 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.

Improvements include but are not limited to furnishing and installing of new signal poles and foundations, vehicle heads, pull boxes, traffic signal conduit, conductors and cable, sidewalk and curb ramp restoration and construction, loop detection, relocation of existing traffic signal equipment, and all work, materials and equipment required to provide operation as shown on the Plan and these Specifications. Work also includes potholing for the new traffic signal pole foundations 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.

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

The Project is known as the TRAFFIC SIGNAL MODIFICATION AT BAKER STREET AND BABB STREET, City Project No 24-02 (“Project”).

2. CONTRACT DOCUMENTS.

The complete Agreement consists of the following documents relating to the Project:
727
Project and Specification No. 24-02
2 a. This Agreement;
b. CONTRACTOR’s bid;
c. Notice inviting bids;
d. Complete 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;
g. Supplements, attachments, and exhibits attached to the above items; h. Provisions 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.

The Contract Documents constitute the entire agreement between the parties and supersede any and all other writings and oral negotiations. 728
Project and Specification No. 24-02
3 3. CITY’S REPRESENTATIVE.

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

4. CONTRACTOR’S PROJECT MANAGER; PERSONNEL.
(a) Project Manager. CONTRACTOR’s Project Manager must be approved by City. Such approval shall be at CITY’s sole discretion. (b) Personnel. CITY has the right to review and approve any personnel who are assigned to perform work under this Agreement. CONTRACTOR shall remove personnel from performing work under this Agreement if requested to do so by CITY.

This Paragraph 4 is a material provision of the Agreement.

5. SCHEDULE.

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.

7. CONTRACT PRICE.
_____________ ($______.00).
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Project and Specification No. 24-02
4 8. TIME OF PERFORMANCE.

CONTRACTOR shall commence Work by the date specified in CITY’s Notice to Proceed, unless a later date is agreed upon in writing by the parties. The Work shall be completed within _______ [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. (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 730
Project and Specification No. 24-02
5 to CONTRACTOR of same.

10. LIQUIDATED DAMAGES.

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.

11. PERFORMANCE BY SURETIES.

In the event CONTRACTOR fails or refuses to perform the Work, CITY may provide CONTRACTOR with a notice of intent to terminate as provided in Paragraph 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 731
Project and Specification No. 24-02
6 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. DISPUTES PERTAINING TO PAYMENT FOR WORK.

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. However, CITY shall, at all times, comply with CONTRACTOR’s safety requirements on the job site.
732
Project and Specification No. 24-02
7 15. CARE OF THE WORK AND OFF-SITE AUTHORIZATION.

16. PAYMENTS TO CONTRACTOR.

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 733
Project and Specification No. 24-02
8 Work by the COUNTY and after CONTRACTOR shall have 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 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 734
Project and Specification No. 24-02
9 each payment the CONTRACTOR receives from CITY.

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

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

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 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, 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 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 736
Project and Specification No. 24-02
11 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.

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 737
Project and Specification No. 24-02
12 by CITY or the deposit with CITY by CONTRACTOR of any or all of the insurance policies described in Paragraph 20 (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 attorney fees) incurred or alleged to have been incurred, by reason of the operations of CONTRACTOR or any subcontractor or others performing on behalf of CONTRACTOR, whether or not such insurance policies are applicable. CONTRACTOR shall require any and all tiers of subcontractors to afford the same degree of indemnification to the CITY OF COSTA MESA and its elected and appointed boards, officers, agents, and employees that is required of CONTRACTOR and shall incorporate identical indemnity provisions in all contracts between CONTRACTOR and all tiers of its subcontractors.

20. INSURANCE.

CONTRACTOR shall not commence Work under this Agreement until 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 738
Project and Specification No. 24-02
13 coverage, nor the failure of CITY to approve same shall alter or invalidate the provisions of Paragraph 19 (Indemnification) 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:
(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 739
Project and Specification No. 24-02
14 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 limits, 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
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 740
Project and Specification No. 24-02
15 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 shall forfeit to CITY the sum of Twenty-Five Dollars ($25.00) for each workman employed in the execution of this Agreement by CONTRACTOR or by any subcontractor for each calendar day during which such workman is required or permitted to work more than eight (8) hours in any one calendar day and 40 hours in any one calendar week in violation of California Labor Code Sections 1810 through 1815, inclusive.

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 the preceding weekly payroll period.

24. COMPLIANCE WITH ALL LAWS.

25. DRUG-FREE WORKPLACE POLICY.

CONTRACTOR, upon notification of the award of this Agreement, shall establish a Drug-Free Awareness Program to inform employees of the dangers of drug abuse in the workplace, the penalties that may be imposed upon employees for drug abuse 741
Project and Specification No. 24-02
16 violations occurring in the workplace, and the employee assistance programs available to employees. Each employee engaged in the performance of a CITY contract must be notified of this Drug-Free Awareness Program, and must abide by its terms.

CONTRACTOR shall conform to all the requirements of CITY’s Policy No. 100-5, attached hereto as Attachment 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.

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 742
Project and Specification No. 24-02
17 limitation of, any other rights or remedies available to CITY.

29. NOTICES.

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 one of principal and independent contractor and no other. All personnel to be utilized by CONTRACTOR in the performance of this Agreement shall be employees of CONTRACTOR and not employees of the CITY. CONTRACTOR shall pay 743
Project and Specification No. 24-02
18 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.

31. PERS ELIGIBILITY INDEMNIFICATION.

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. 744
Project and Specification No. 24-02
19 32. VALIDITY.

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

33. GOVERNING LAW.

34. NO THIRD PARTY BENEFICIARY RIGHTS.

35. ASSIGNABILITY.

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

36. WAIVER.

38. COUNTERPARTS.

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

39. CORPORATE AUTHORITY.

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

40. ADDITIONAL SERVICES.

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

It is specifically understood that oral requests or approvals of such additional services, change orders or additional compensation and any approvals from CITY shall be barred and are unenforceable.
[Signatures appear on following page.]
746
Project and Specification No. 24-02
21 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
747
Project and Specification No. 24-02
22 APPROVED AS TO INSURANCE:
__________________________________ Date: __________________________ Ruth Wang
Risk Management
APPROVED AS TO PURCHASING:
__________________________________ Date: __________________________ Carol Molina
Finance Director
DEPARTMENTAL APPROVAL:
__________________________________ Date: __________________________ Raja Sethuraman
Public Works Director
__________________________________ Date: __________________________ Seung Yang, P.E.

City Engineer
748

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

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

749

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

750

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.

751
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

752
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
753

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.

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.
754
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
755
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
756
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
757
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
758
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
759

760

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

761
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)
762
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. 763
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.
764
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.
765
SECTION “G”
APPENDIX “A”

PROJECT LOCATION

AND MAP
766
TRAFFIC SIGNAL MODIFICATION AT BAKER STREET AND BABB STREET, CITY PROJECT NO. 24-02

PROJECT LOCATION MAP

TRAFFIC SIGNAL MODIFICATION AT BAKER STREET & BABB STREET 767
SECTION “G”
APPENDIX “B”

ENGINEERING DESIGN
PLANS
768
769
770
SECTION “G”
APPENDIX “C”

CITY AND CALTRANS

STANDARD DRAWINGS
771
772
773
774
775
776
777
778
779
780
781
782
783
784
<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-
785
786
787
788
-··
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.
114 789
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
790
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.
791
?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
792
·_,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 % . 793
�

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.
794

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
795
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!,
796
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
797
�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.
413 798
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
799
�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. 800
<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
801
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.
802
..

PARKWA YS LESS THAN 8
1 I COYEII IIEOUlllED
CASE I: 2
1 X 4' TREE WELL

TREE WELLS
4e"---4
--\i---------1
4 -l:--
1--e
PARKWAYS 8
1 OR GREATER 2 COVEJtS ltEQUlllED
CASE R: 4' X 4
1 TREE WELL
c - ""
""
0 CAK A " c D
I: 4!-d' �-rt'
lt �-o· 4':.r,"
"ff-,r l'-nf
�':.1( ··-itf
. POROUS TR EE WELL COVER
_/Willi ADJACENT
POROUS.PEJtNEAa.E �c.c.
flEINFWtCED:W,JTH �xz_f
l&GWBE WIRE NESH •
DIRTTI> BEFUISH
�
�-�
rl •• nm_�=-: ----.;_;-:;.:.ftt:!.�':"":,:-i_•
. �-:�-..---_,-_-_-_.,.,..,,.,· ........ --.-w-

TYPICAL SECTIONS
NOTES=
I. nra: WEU.S SIIAL.L - PI...M%D Uf>ROXIIIATELY :so' APAIIT, IUT NOT LESS THAN OflE PEit l'lt:SIDEXTIAf. LOT.

Z. LOCATION OF Tiii!! WELLS WILL IIE SUI.JECT TO T� IL"OI.LOWIN• CONDITIONS:

A. zs' FROM c1111a IIETURNS..

L I 5
1 flltOII UMT STANDAIIDS AND li'Owet POLES.

C. la' P110M FIM: HYDIIAKTS,DIIIYEWAYS, HOUSE WALU,UTILITY METERS, l"ED£STALS.

D. 10' P1tOM ALL UTILITY UTIEIIAU AND WAINS.
l. COVERS Allt: TO • COLOllED aUFF usu,. AM ACCEPT.uu: COLOIIUtO AGENT.

4. TWEE WELLS AM: TO SE •.acKP"ILLt:D WFTH CLEAH DlltT .AHD !'LUSH WITH ADJACDIT WALK UNTIL TIIED ARI!'. l"L.AN1'EI.
803
i-----PA_R_K_W_AY_V_A_Rl_ES_-_S_E _E_P_LA_N_S _(;_S_EE_N_O_TE_B-'--) ----1-ff. , R/W OR

S/W EASEMENT
i-------- VARIES-----+--- 4' (1.22m)
ON-SHE
\MPROVEMENTS
6" ( 15 3mm) C.M.B. PER
STD DWG NO 312

UNDER CURB AND GUTTER
C)�
z ...I -< -== U>w xo
La.I iii

SIDEWALK

TRANSITION AREA

LIMITS PER STD
DWG NO 811

8.33%
MAX

WEAKENED

PLANE JT

CONST JT
JOIN
2% MAX
· .--�- 5· (153mm)·\ .. ·: ·_ - i��J�,c��s· (153mm) CODE 6" (153mm)
MINIMUM CRUSHED MISCEUANEOUS BASE (C.M.8.)

SECTION A-A
N.T.S.

SIDEWALK TRANSITION

AREA (TYPICAL)
(1 /2) W
N�
�ix
(1/2) W

WEAKENED
PtJ\NE JT
4' (1.22m}
<t

WEAKENED

PLANE JT
it, R/W OR

S/W EASEMENT

CONST JT
. JOIN
i----GRAOE I BREAKS-----

CONST JT
EXP JT
2' (610mm) MIN TO

VERTICAL OBSTRUCTION
x

CITY OF COST A MESA

PUBLIC SERVICES DEPARTMENT
APPROVED BY:

FILE NAME: ST0-513.DWG /

FLOW LINE OF GUTTER
w
A_J
PLAN
N.T.S.
x
EXP JT
2' (610mm) ·>.ON
TO PROJECTED ie_
(TYPICAL)

RESIDENTIAL

DRIVEWAY APPROACH
TYPE I
STD. OWG. NO.
513
REVISED: SHT. 1 OF 2
804
EXP JT 3/8� (10mm) GUTIER UP

FLOW LINE OF GUTTE
1 2 W
x w
SECTION 8-8
DIMENSIONS N.T.S.

W=10' (3.05m) MIN - 16' (4.88m) MAX 'FOR RESIDENTIAL DRIVEWAYS.

X= 4' (1.22m) FOR 6" (153mm) CURB FACE.

X= 5' (1.52m) FOR 8 .. (204mm). CURB FACE.

NOTES:
x

CURB FACE

HEIGHT VARIES

1. ALL DRIVEWAY LOCATIONS AND DIMENSIONS SHALL BE APPROVED BY THE TRANSPORTATION SERVICES DMSION.

2. THERE SHALL BE ONE DRNEWAY PER PROPERTY.

3. CONCRETE SHALL BE CLASS 560-C-3250 PER LATEST EDITION OF STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONST RUCTION SEC. 201 -1.

4. DEPRESSED CURB IS STR AIGHT GRADED WITH 3/8.,.
(10mm) GUTTER UP.

5. BASED UPON EXISTING SOIL CONDITIONS, THE CllY ENGINEER MAY REQUIRE A K EYWAY AT BACK OF CURB.

6. FOR JOINT DETNLS AND K'f:fWAY DETAIL, SEE STD DWG NO 314.

7. ALL PARTIAL DRIVEWAY RECONSTRUCTION SHALL REQUIRE TIE BARS (#4 x 2 4") AT 24 • ON CENTER.

8. FOR A 5' (1.52m) PARKWAY, A 3' (914mm) PUBLIC SIDEWALK EASEMENT IS REQUIRED AT THE BACK OF RIGHT -OF -WAY /PROPERTY LINE.

CITY OF COST A MESA

PUBLIC SERVICES DEPARTMENT
APPROVED BY:

FILE NAME: STD-513.D'/¢

RESIDENTIAL

DRIVEWA-Y APPROACH
TYPE I
REVISED:

STD. owe. NO.
513
SHT. 2 OF 2
\
805
. .
t----P_AA_KW_'A_�_V_:AR_l_ES_-_S_EE_P_LAN_S ....:(:__SE-=E�NO-=-T-=E:......7:..!.)_--1_!t , R/W OR

S/W EASEMENT
i-------VARIE S -----+-- 4' (1.22m)
s· (150mm) C.M.B. PER
STD DWG NO 312

UNDER CURB AND GUTTER

SIDEWALK
TRANSffiON
{SEE NOTE 8)

ON-SITE
2!1: MAX \�£.N1S
-��--.-
6-.-
(
=
150:=m=m...:...)_·:·:-;:-· -r-G:::RAD=-=:E TO JOIN
PE
R

MUNICIPAL
s· (150mm) CODE
5• (150 mm)
PORTLAND CEMENT CONCRETE (P.C.C.)
s· (150 mm)
MINIMUM CRUSHED MISCEU.ANEOUS ELo\SE (C.M.8.)

SECTION A-A
N.T.S.

I(
UMITSPER 12W 12W
t-----'STD'---_N_O_B ...... 1-1--+--- DRIVEWAY WIDTH ---i x y

CITY OF COST A MESA

PUBLIC SERVICES DEPARTMENT
APPROVED:

FILE NAME: ST0-514.DWG
'
. ct_ 4' (1.22m)

FLOW LINE OF GUTTER
w
A_J
PLAN
N.T.S.
y
DRIVEWAY APPROACH-TYPE If
_COMMERCIAL AND MULTI-USE
REVISED:

X 2'
(610mm) MIN
to PROJECTED

PANO/OR

VERTICAL

OBSTRUCTION
e Costa Mesa
SHT. 1 OF 2
806
..
;· t.
.'[· ... .
� OF DRIVEWAY APPROACH (SYMMETRJCAL)----1
't
BACK OF DRIVEWAY APPROtiCH

CF HEIGHT
VARIES
\. x y (1/2) W
. '
SECTION 8-8
N.T.S.

DIMENSIONS
W= 16' {4.88m) MIN - 26' {7.92m) MAX FOR ALL DRIVEWAYS.

X= 4' {1.22m) FOR 6'" (150mm) CURB FACE.

X= 5' {1.52m) FOR 8'" (200mm) CURB FACE.

Y= 7' (2.13m) ON MASTER PlAN STREETS
Y= 4' (1.22m) ON RESIDENTIAL, NON....:MASTER PLAN STREETS.

NOTES:

1. ALL DRIVEWAY LOCATIONS AND DIMENSIONS SHALL BE APPROVED BY THE TRANSPORTATION SERVICES DMSION.
.. .

2. CONCRETE SHALL BE CLASS 560-C-3250 PER LATEST EDffiON OF STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION SEC. 201-1.

3. DEPRESSED CURB IS STRAIGHT GRADED WITH 3/8 .. (10mm) GUITER UP.

4. BASED UPON EXISTING SOIL CONDITIONS, THE CITY ENGINEER MAY REQUIRE A KEYWAY AT BACK OF CURB.

5. FOR JOINT DETAILS ANO KEYWAY DETAIL, SEE STD DWG NO 314.

6. All PARTIAL DRIVEWAY RECONSTRUCTION SHALL REQUIRE TIE BARS (#-4 x 2'4j AT 24• ON CENTER.

7. FOR A 5' (1.52m) PARKWAY, A 3' (914-rnm) PUBLIC SIDEWALK EASEMENT IS REQUIRED AT THE BACK OF PROPERTY/RIGHT-OF-WAY LINE.

8. CASE I - SIDEWALK ADJACENT TO CURB ANO GUITER. NO GREENBELT.

CASE II - EXISTING GREENBELT BETWEEN SIDEWAU< AND CURB ANO GUTIER.

CITY OF COST A MESA

PUBLIC SERVICES DEPARTMENT
APPROVED:

FILE NAME: STD-514.DWG

DRIVEWAY APPROACH-TYPE H
COMMERCIAL AND MUL Tl-USE
REVISED:

STD. OWC. NO.
514.

SHT. 2 Of 2
807
1200 mm
(4') MIN
y
1200 mm
(4') MIN
y
1200 mm
(4') MIN
y
r ....

GRADE BREAKS
�-
,._
STR _yR m
I
\. x ·I· w -I· x · I�+ A
TYPE A
A
r ....

GRADE BREAKS
TYPE B
A ..... � .... r=�- ·---
w .1
TYPE C
1200 mm
(4') MIN y
L��s mm (1") CF

SECTION A-A
CURB FACE, mm
150 (6") or less
175 {7")
200 (8")
225 (9")
250 (10")
275 (11")
300 (12") i:;r more
N\.irES:

X. mm
900 (3'-0")
1050 (3'-6")
1200 { 4' -0")
1350 (4'-6")
15�0 (�'--o")
i 1650 (5'-6")
1800 (s'-o")
Y, mm
1200 (4'-0")
1425 (4'-9")
1700 (5' -8")
19s11. te'-6") . - \
2175 (7'-3.) ·
2400 (8'-0")
2625 (8' -9")

1. RESIDENTIAL DRIVEWAYS SHALL BE 100 mm
( 4") THICK PCC.

2. COMMERCIAL DRIVEWAYS SHALL BE 150 m�
{6�y-·rl:II_CK- PCC.

3. WEAKENED PLANE JOINTS SHALL BE .INS,:ALLED

AT BOTH SIDE OF A DRIVEWAY AND AT
APPROXIMATELY 300.0 mm_ (10') INTERVALS.·
..i., CURB FOR TYPE C DRIVEWAY SHALL BE

INTEGRAL AND MATCH ADJACENT
CONSTRUCTION.

5. REFER TO LOCAL DEVELOPMENT REGULATIONS

FOR AMERICANS WITH DISABILITIES ACCESS
. REQUIREMENTS AND MAXIMUM PERMITTED
DRIVEW AY WIDTHS.

6. DIMENSIONS. SHOWN ON THIS PLAN FOR METRIC

AND ENGLISH UNITS ARE NOT EXACTLY EQUAL
VALUES. iF METRIC UNITS ARE USED, ALL
VALUES USED FOR COl'i3 . ..:-··-... ..,._. �'!.�'' A�
METRIC VALUES. IF ENGLISH UNITS ARE

USEO, ALL VALUES USED FOR CONSTRUCTION
SHALL BE ENGLISH VALUES.

AMERICAN PUBLIC WORKS ASSOCIATION· SOUTHERN CALIFORNIA CHAPTER

PROMULGATED BY THE
PUBLIC WORKS STANDARDS INC.

GREENBOOK COMMlTTEI:
1984
REV.1998

DRIVEWAY APPROACHES

USE WITH STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION

STANDARD PLAN
METRIC
110 - 1
SHEET1 OF1
808
I
·! ..
.;·· · ·,.· .,,nr'.:
·,,:1tr1�"-:,
···----· ·-
·.�, -.. · .
,t/ .... :
\�
·- ..... �
I" MINIMUM
2" MAXIMUM
, ;· ··.··· .... ..
.. ·TREE:J�O'OT>··��iRllER
• : •• ... . :.(''/ ,· . !
· .... "- .
12" ROOT PRUNE BARRIER
;'.,
·t
H :·:-- : . - . . •• ·· ··(�.} {�--.,-1;
fJ'Jfr;r:·. : ......
·,�·iirli:; :; .. '..J=t ::-.�;�··("
'"
,
.
.... . ......... ........ �-1.
· .. ·•·. -,
1708
·.SHT. I OF 2
809
NOTES:

Tree Trimming
l. Prior to root pruning, each tree shall be trimmed to reduce its overall size by one-third Cl/3) and to promote improved growth.

Trirrming shall also provide:
a. Removal of all dead, damaged, diseased, or structurally deficient limbs;
b. Thinning to reduce interior wind resistance;
c. Vertical clearance of 14.0 feet over roadways 9.0 feet over sidewalks;
d. Visual clearance around all traffic control devices and signs; e. An overall balanced appearance.

2. Root Pruning :

Root pruning cuts shall be made immediately adjacent to the sidewalk and shall be 4" wide, IG" deep {measured from the top of the final grade of the sidewalk) and 16'. long centered 8' either side of the center of the tree. The bottom 13" of the root prune cut shall be fille<! with pea gravel, to promote deeper watering, with the top 3" filled with native soil free from rocks or other rri0teriols that would interfere with landscape maintenance tasks. At least 18 months shall tror<:?�!:-e :.ciiore root pruning the opposite of a tree. In general, root pruning would not be performed adjacent to the curb -due to the normal depth of the curb.

3. Root ,control Barrier :

Barrier sholl be fabricated from o high density, high impact plastic, i.e.

Polystyrene, Polyethylene, Polyvinyl Cti]oride, <PVC>, or Acrylonitrile-Butodiene Styrene CABS>. The interior surface shall hove Y2" high Cminirrum> raised vertical ribs spaces 6" to ff' apart the full depth of the barrier and shall be expressly designed for root deflection.

Barrier used for root pruning shall have a minimum depth of 12" with a minimum thickness of 0.06". Barriers shall be 16 feet long in one continuous piece (preferred) or in a corrbinotion of pieces securely fastened wii"h adhesive at Joint points.
)RANGE COUNTY ENVIRONMENT AL MANAGEMENT AGE�
Approved �
dopted: Res. 78-791 Revised: Res. 86-1141; 88-1341: 96-546

TREE ROOT BARRIER
WLZau. frectorof Public Works
STD. PLAN
1708
SHT.2 OF 2
810
I
OUR REF:

I
SUBJECT:

I TO:
l
I
,.·,: , -·
UNITEi;) STATES.POST OFFICE
WEu13:JDJAZ:am:-9998 <�:.�{��:

DATE: May 30, 1990
Location of mailboxrs P.0.CL:
• •
Ciry o[ Costa. Mesa
MailboxPs shall bP l�catPd -0n thr right hand �idc of th� road way in chr dirPction of rhr delivpry routr PXCPpt on onr way streets where- ch�y may "b£> placed on the _left hand sidP. The bottom of _the .box shall be set ac an c-lrvation <>stablishrc oy the u.,s. Postal Service, usually betWP<>n 3 1 6 11 and 4'0" aOOV<' the roadway surfac£>.

On curbed strc<>ti, thr ro�dsidr fBcP of thr mailoox shall br sec back fr om th<' face of rhP curb a distance becwrpn b and 12 inches. On residential strrrts without curbs.L that carry low traffic volumrs, the ro�dsidr facr of·a mailbox shall br offsrc brt�ern 8 and 12 inchrs brh ind the cdgr of pavrmrnt. 156.54 D.M.M. Loca.tion
Rural boxrs muse br placPd so chat thPy may bP saf<>ly and con vcnirnrly srrvrd by carrirrs without lr a�ing their conv�yancrs.

In all new housing cracks, wr instrucr chr buildcrs to instal }· curolinc dr livcry boxes at 2 ro a posr, at thr prop£>rty line on tn<> curb.
155.262 Hardshi? casrs
a) ChnngPs. in the ·typ<> of dPlivr ry authorizPd for �n ;ira;i will be considered whC'rr. sarvic� by existing mPthods w�uld imp·osc- an rxtrcmP. ph.ysical harcdshi� on an in.dividual cus_tom�� Any .rrqurst for n changr in d,•J iv,•ry mPthods must o,• submi� rr.d in wr.icing. ·Ai>p·roval of rhc-sc r,•quPsts should be ba.s,•Y .u _,;�·,i·-�':· numanitarian and not economic crirrria. Each rr.que�t fo�A c h a n g � i n d ,?I i v a r y _ � "
0 r v i c r. s n o u l d b P r. " a 1 u a t r d o n � h r � a �-ts ·. of the customrr's nards; a ·rrquf'st should. not· oe den.ic>d �o.-lrly. orc. aus,• of incrP.asrd opcrat.ional costs or br.c.aus<' a fa D
l.i.\y .. . ..

IBC'ffll:>C?r or Otht>r i)a.rty may bt' av.;:ii}ablc:> [� rl'>criV<' m;1if'for:r_h_l7'. cusromrr.
.. .
811
,.

I
I
I
I
I
I
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i
.. 1
I
I
Pager lu,J..1.-:.:-;;.u, 117SS, ... ,..,,
MAILBOX IMPROVEMENT WEEK-Continued -�--�-
Exhibit C Exhibir O Th � Federal Highway Administr.ui�� has det�nnined tha� mailbox suppons· ·no than 4 inches by 4 mches· or a 4 Y.z-inch ct· wood post or·a 2-inch diarnet�r standard s,·:...:i!�·,.I . . b . .. .. 1.or-. a ummum pipe, une.d no more than 2-1 inc:his'' sh�uld safely break away if struck by a \·ehicle.�Tht (!la1lb4?x muse als� be securely attache·d to itl'Wft_·to prc:vem separauon when struck. Exhibits E and· j: on p age 12 are detailed .examples of mailbox · mountings and supports suggested by the FHW A. Boxes and supports should also be painted and free from rust.

NOCBUs and .All-Weather.Parcel Lockers
Contrad Delivery Routes ... .. . During Mailbox Improvement Week. postmas-. :. lers/managers or their designees should also Contract del_i�ery route rostomer-s must use· ab ... .r)�:: .:r6:�ew Ndghborhood Delivery and Collection Box approved trad1uonal c.rural-typc or concempotary · · Umts (NDCB Us) and All-Weather Parcel Lockers design box as new or n-placement boxes. in their delivery area to identify any haurds ot ir regularities. Exhibit G on page 13 is a suggested
format for use in conducting the review. R.csults of General Requir•m•.nts The placement of mailboxes on both rural and
contract routes must be safe and convenient tor
earners. The boxes must be on the right-hand side
of the road in the carrier's travel direction so they·
can,;cleliver mail without leavin theiT conv nee. ·•
lS ru e espcoa y app 1es w ere traffic conditions
make it dangerous for the carrier to drive to the left
· in .order to reach the boxes. or when · doing so
would constitute a violation of traffic laws and reg
ulations (apanmcnt house or other mulcple dwell
.ings.:f.m be ocmpted from. this ·rule as described in
-DMM 156.312).

O.n new rural routes, all boxes must be on ·the
n hi-hand side of the road in the dire"ction of th
route me o travel. Box placement must conform
wnh state laws and highway regulations. Rural car
riers are subject 10 the same traffic laws and regula
tions as other motorists. Cus1omcrs must remove
obstructions, including vehicles. trash cal)�. �nd .
snow. that impede efficient delivery. Excepi.'�hen a
box is tcm ranl blocked carriers must have
access lo t c ox 'llo"lt out leaving the Ve"hicle unless authonzed to dismount.

Mailbox Supports
· Suppons for mailboxes should be of adequa&e
strength and size to support the box properly.

However, customers should a,•oid using massive
mailbox suppons that, when struck, could damage
,·chides and cause serious injurv to vehicle occu
.Pants. Hea\7 metal posts. concr�1e posts. and miJ
ccllaneous hems of farm equipment, such as mill:.
cans filled "it h concrete, are examples of potential·
ly dangerous supports. The ideal support is· an as
sembly th:u bends or falls awar Crom a striking vchi·
de. D'-t�i sections 156.531, )56.54, 157.32c, and
• 1 57.4 specify postal regulations regarding con·
s1ruc1ion and placement ofm;iilboxcs and supports
on rural and high\\"ay ct>ntr.act routes.
the review should be recorded.

Employees conducting lhe review must complete
Fonn 1624, Ddivn-y and Collection Equipment IJOTk
Request, for any equipment that poses a safety
hazard to postal · customers or employees. Use
Form 7380; MDC Supply R�quisilion, to request
Form 162-4 from the materid disuibution centers.

Equipment Review.Procedure
Employees should use the NDCBU and parcel
locker Equipment Checklist and Followup Review
i:rocedurc:, Exhibit G, when examining the condi
uon of NDCBU and parcel Ioele.er equipment. This
exhibit may be reproduced locally. They should:

I. List 1hc unit location. type. and manufacturer
in. the lefi·hand column (omit manufacturer if all
items are in order).
�- Assign each checklist ite� one of the following
r.ungs:

OK-Equipment docs not need auerition for
this item.

X-Equipmenl needs attention for this item.

NA-hem docs not apply to this particular
piece of equipment.

3. Examine the following i1ems and annotate Ex-·
hibi1 G:
a. Equipment should be straight. vertical, and
lirml)· moun1ed. Auempt to shake 1he unit; i1
should no1 mol"e. If equipment is not firmly mount
ed. no1e whe1hcr it is the connection ar ground
le\·d 1h;i1 is loose or the �destal 10 cus1omcr com;
par1mcnts connection that needs auen1ion.
b. ChC'ck. \·isible welds. Make note of cracked,
broken, or rustC'd welds.
c. Obsen·e whether the carrier access door is
fockC'.d and secure. Open it and obsen·e that it is
no1 bo\\·cd or warped and 1ha1 the door and locking
b;ar opcra1e smoothly. With carrier access door(s)
open, notic-c if restraining de\•ices pre,·ent the door 812
.·"

POSTAL BULLETIN
Exhibit E
11"
s1::cr,0N ,. ·A
•• 7. 3�r---,
, 1 2 • 7 1 8 , 19 '1 8 �
Wood Filler (Fir) Clo,np awollablt: .....,..
1 •
1 ovtomobil• tailpipe I /4 fittings Dre told
r
A 2- 114" • 3 1lz 110111
1 114 • 42 1/z" Stool Pipe
r� .ts� .�-.. � ..

Steel Pape
48"--------i
42"
I l/4" a ll3 112"
Stiel Pipe

CANTILEVER MAILBOX SUPPORTS
Exhibit F

SPACING FOR MULTIPLE POST INSTALLATION

SINGLE AND DOUBLE MAILBOX INSTALLATIONS
: • 1 •
21566, 5-15-86, Page 5
,R--........ ;.,, .. ti -�·-
813
= ·=-;: a·
R'\v:l•rl v·! a:1
Pall1' INCU"'MD PAIQl:ll9

IECONOARY HIGHWAY
:1 sz· a.1-11' I ur I a:-1
• 'IWCIL.tND•ND•MQGICCf
COU..ECTOR HIQHW�Y
b Jr a IR' I icl ,rl£:\n:1 wl vi A' I
IICUND•MIDWI-NGP...-.

MAJOR HIGHWAY
B I B lvlv�wlvlvl
l'QIIWIMD .. •IUlf .. NDP.NUllfa

PRIMARY HIGHWAY

TYPICAL CROSS SECTIONS
NOTES: REPER TO MASTER Pl.AN OF BIKEWAYS FOR
8TREET1I REQUIRING BIC'ICI.E FACIUTIEII.
. ADDIJIONAL RIGHTOFWAYMAYBEREQUIRED
TO MEET AAA. ACCEll81BILIIY REQUIREMeNTS
AT BUS STOPS AND DRIVE APPROACHES.
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-
0 MA.JOR(104'R/W)
PRIMARY (80' RJW)
SECONDARY {7Z' R/W)
COLLECTOR (60' R/W)
� RIGHTTURNLANE
t'Lo"1Wf�.:.,a:r=:��
CllY OF COSTA MESA, CALIFORNIA

MASTER PLAN OF HIGHWAYS
AMENDED OCTOBER 18, 2005
GENERAL PLAN AMENDMENT 05-5
814
815
816
$(/0-+"/,"%&'*(",)"#,+/(+/.
817
818
819
820
821
822

EXHIBIT C
BONDS
823
824
825
826
827
828
829
830

CITY OF COSTA MESA
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 24-252 Meeting Date: 6/18/2024
TITLE:

PLANNING APPLICATION PDRC-23-0001 TO ADD THE “LEROY ANDERSON HOUSE” AT 208

MAGNOLIA STREET TO THE LOCAL HISTORIC REGISTER AND APPROVE A MILLS ACT

CONTRACT FOR THE PROPERTY
DEPARTMENT: ECONOMIC AND DEVELOPMENT SERVICES

DEPARTMENT/PLANNING DIVISION
PRESENTED BY: CAITLYN CURLEY, ASSISTANT PLANNER
CONTACT INFORMATION: CAITLYN CURLEY, ASSISTANT PLANNER, 714-754-5692 RECOMMENDATION:

Staff recommends the City Council:

1. Find that the project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) (“Common Sense”) of the CEQA Guidelines.

2. Adopt City Council Resolution 2024-XX to place the “Leroy Anderson House” at 208 Magnolia Street on the Local Register of Historic Places.

3. Approve a Mills Act contract between the City and the property owner to facilitate preservation of the subject property as a historic resource.

Page 1 of 1 ends

Costa Mesa City CouncilJune 18, 2024

Costa Mesa City Council
June 18, 2024