Costa Mesa City Council
August 4, 2026

1 CITY OF

COSTA MESA

PUBLIC WORKS

AGREEMENT FOR
CITY PROJECT NO. 25-20

THIS PUB
LIC WORKS AGREEMENT (“Agreement”), dated August 4, 2026 (“Effective Date”), is made by the CITY OF COSTA MESA, a political subdivision of the State of California (“CITY”), and S&H CIVILWORKS, a California corporation (“CONTRACTOR”).

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

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

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

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

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

1. SCOPE OF
WORK.

The scope of
work generally consists of on-call sidewalk repair work (the “Work”).

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

The Project
is known as the On-Call Sidewalk Repair Project, City Project No. 25- 20 (the “Project”).

2. CONTRACT DOCUME
NTS.

The complete
Agreement consists of the following documents relating to the Project:
(a) This Agreement;
(b) CONTRA
CTOR’s bid, attached hereto as Exhibit A and incorporated herein; (c) Bid pack
age, including, but not limited to, notice inviting bids, complete plans, profiles, detailed drawings and specifications, general provisions and special provisions. The bid package is attached hereto as Exhibit B and incorporated herein;
ATTACHMENT 3
Project and Specification No. 25-20
2 (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 Representatives are Cristina Oquendo and Seung Yang referred to collectively herein as the Project Manager (“Project Manager”).

4. CONTRACTOR’S PROJECT MANAGER; PERSONNEL.

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

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

This Paragraph 4 is a material provision of the Agreement.

5. SCHEDULE.

All Work shall be performed in accordance with the schedule approved on behalf of CITY by the Project Manager, and in accordance with the time of performance set forth ATTACHMENT 3
Project and Specification No. 25-20
3 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 Thirty-Seven Thousand Six Hundred Dollars ($237,600.00).

8. ADDITIONAL SERVICES.

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

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

9. PAYMENTS TO CONTRACTOR.

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

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

Within three (3) days following City Council’s approval to issue a warrant, CITY shall mail to CONTRACTOR a warrant for the amount specified in the progress payment order as the amount to be paid. The retained five percent (5%) shall be paid to CONTRACTOR thirty-five (35) days after the recording of the Notice of Completion of the ATTACHMENT 3
Project and Specification No. 25-20
4 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.

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 ten (10) working/calendar days from the first day of commencement of the Work, at each location.

12. TERMINATION.

ATTACHMENT 3
Project and Specification No. 25-20
5 (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.

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.

ATTACHMENT 3
Project and Specification No. 25-20
6 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 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 ATTACHMENT 3
Project and Specification No. 25-20
7 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 suffici ent bonding capacity to provide the bonds required by the Contract Documents.

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

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

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

The rights and remedies available to CITY pursuant to this provision shall be cumulative with all rights and remedies available to CITY pursuant to statutory and common law, which rights and remedies are hereby expressly reserved, and neither the foregoing guarantee by CONTRACTOR nor its furnishing of the bonds, nor acceptance thereof by CITY, shall constitute a waiver of any rights or remedies available to CITY ATTACHMENT 3
Project and Specification No. 25-20
8 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 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 ATTACHMENT 3
Project and Specification No. 25-20
9 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 Millio n Dollars ($1,000,000.00) per occurrence. If such insurance contains a general aggregate limit, it shall apply separately to this Agreement or shall be twice the required occurrence limit.

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

(iii) Workers’ compensation insurance as required by the State of California, with Statutory Limits, and Employer’s Liability insurance with a limit of no less than One Million Dollars ($1,000,000.00) per accident for bodily injury or disease. CONTRACTOR agrees to waive, and to obtain endorsements from its workers’ compensation insurer waiving subrogation rights under its workers’ compensation insurance policy against the CITY, its officers, ATTACHMENT 3
Project and Specification No. 25-20
10 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 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 ATTACHMENT 3
Project and Specification No. 25-20
11 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).

(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 ATTACHMENT 3
Project and Specification No. 25-20
12 ($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.

24. DRUG-FREE WORKPLACE POLICY.

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

CONTRACTOR shall conform to all the requirements of CITY’s Policy No. 100- 5, ATTACHMENT 3
Project and Specification No. 25-20
13 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: Cristina Oquendo and Seung Yang

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

S & H Civilworks
1801 Hilltop Drive
Colton, CA 92324
Attn: Jess Canilo Sotto

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

_________________
_________________
ATTACHMENT 3
Project and Specification No. 25-20
14 _________________
Attn: ___________

28. INDEPENDENT CONTRACTOR.

The parties hereto acknowledge and agree that the relationship between CITY and CONTRACTOR is one of principal and independent contractor and no other. All personnel to be utilized by CONTRACTOR in the performance of this Agreement shall be employees of CONTRACTOR and not employees of the CITY. CONTRACTOR shall pay all salaries and wages, employer’s social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes.

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

29. P ERS ELIGIBILITY INDEMNIFICATION.

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

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

30. VALIDITY.

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

31. GOVERNING LAW.

This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any legal action relating to or arising out of this Agreement shall ATTACHMENT 3
Project and Specification No. 25-20
15 be subject to the jurisdiction of the County of Orange, California.

32. NO THIRD PARTY BENEFICIARY RIGHTS.

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

33. ASSIGNABILITY.

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

34. WAIVER.

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

35. HEADINGS.

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

36. CONSTRUCTION.

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

37. COUNTERPARTS.

This Agreement may be executed in one or more counterparts by the parties ATTACHMENT 3
Project and Specification No. 25-20
16 hereto. All counterparts shall be construed together and shall constitute one Agreement.

38. CORPORATE AUTHORITY.

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

[Signature page follows.]
ATTACHMENT 3
Project and Specification No. 25-20
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: _____________________ Cecilia Gallardo-Daly
City Manager

CONTRACTOR

__________________________________ Date: _____________________ Signature

__________________________________
[Name and Title]

ATTEST:

__________________________________ Date: _____________________ Brenda Green
City Clerk

APPROVED AS TO FORM:

__________________________________ Date: _____________________ Kimberly Hall Barlow
City Attorney

APPROVED AS TO INSURANCE:

__________________________________ Date: _____________________ Ruth Wang
Risk Management

ATTACHMENT 3
Project and Specification No. 25-20
18 APPROVED AS TO PURCHASING:

__________________________________ Date: _____________________ Finance Director

DEPARTMENTAL APPROVAL:

__________________________________ Date: _____________________ Raja Sethuraman
Public Works Director

__________________________________ Date: _____________________ Cristina Oquendo
Project Manager

__________________________________ Date: _____________________ Seung Yang, P.E.

City Engineer

ATTACHMENT 3

EXHIBIT A

CONTRACTOR’S BID

ATTACHMENT 3
Project and Specification No. 25-20

SECT ION C

PROPOSAL FOR THE

ON CALL SIDEWALK REPAIR PROJECT
CITY PROJECT NO. 25-20
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 ON CALL SIDEWALK REPAIR PROJECT, CITY PROJECT NO. 25-20, a copy which is hereto attached, the undersigned has carefully examined the location of the proposed Work, the Plans, Specifications and other Contract Documents and is therefore satisfied as to the conditions to be encountered, as to the character, quality and quantity of work to be performed and materials to be furnished and as to the requirements of the specifications and the Contract. It is mutually agreed that the submission of a proposal shall be considered prima facie evidence that the BIDDER has made such examination.

If awarded the Contract, the undersigned agrees to commence the Work under the Contract WITHIN TEN (10) WORKING DAYS AFTER DATE OF CONTRACT, WITH MINIMUM WORKORDER AMOUNT OF $10,000.00. Beginning on the first day of commencement of such work unless legal extension is granted in accordance with the terms set forth in the specifications, and to perform and complete the Work as shown on the Plans and in accordance with the Specifications and other Contract Documents, and to furnish all labor, materials, tools and equipment necessary to complete the Work in-place therefor, in the manner and time herein prescribed at the following prices, to wit:

PROPOSAL

ON CALL SIDEWALK REPAIR PROJECT
CITY PROJECT NO. 25-20
Base Bid
EST. UNIT ITEMS
ITEM# BID ITEM DECRIPTION QTY. UNIT PRICE TOTAL
(in figures) (in figures)
1 Mobilization (5% Maximum) 1 L.S. $t{(XC) $ 4aD
2 !Traffic & Pedestrian Control 1 L.S. $� $ �
Remove & Reconstruct Concrete
3 Sidewalk (4-inch Concrete over 4-inch 6,000 S.F. $ 2o $ 120,a:G C.M.B.) including ADA ramps Remove Existing and Reconstruct C-6
2� $ 35, CQ) 4 Curb & Gutter over 6" CMB with 2' 140 L.F. $ A.C. Slot Pave
'\f:/H
Bid(:Jers Initials
P-la PROPOSAL
'
ATTACHMENT 3

PROPOSAL SCHEDULE
(CONTINUED)
Project and Specification No. 25-20
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 lo � e,. 10 /zo(vD
($ _____ ) 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.

Bfdder'slnitials
P-2a PROPOSAL
-�
ATTACHMENT 3

Project and Specification No. 25-20
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 Proiect Awarded Awarding Agency
AITT\:0t@
P-4
Agency's Contract
Administrator Contact
Information
'fu Bidder'slnitials

CONSTRUCTION REFERENCES
ATTACHMENT 3

S&H CIVILWORKS
COMPLETED PROJECT REFERENCES PAST (5) YEARS
Project Owner Project Scope of Work Contact Contract Completion Amount Date
Thomas Dahlin
OMNITrans ATP safe Route to Demo, sidewalk, ADA Capital Project Manager/Inspector $2.1M May 2019 1700 West 5th St Transit Project Ramps & Asphalt Paving (951) 358-9322 San Bernardino, CA [email protected]
92411
Thomas Dahlin
OM NIT rans Corona Avenue ATP Demo, sidewalk, ADA Capital Project Manager/Inspector $308,000 April 2019 1700 West 5th St safe Route to Transit Ramps & Asphalt Paving (951) 358-9322 San Bernardino, CA Project [email protected]
92411
Nathan Toczek
City of San Bernardino Annual Concrete Demo, sidewalk, driveway, City Inspector $2.1M April 2019 201 N 'E' Street, san Repair & ADA Access ADA Ramps & cross gutter (760) 963-2085 Bernardino CA Ramp Project toczek na@sbcit�.org
City of Santa Barbara Roadway Improvement, Ken Young -
630 Garden Street, Santa Measure A Cycle 3 concrete, storm drainage, Project Manager $1.1M December Barbara CA Sidewalk Infill Project retaining walls, Ramps & (805) 560-7568 2019 Asphalt Paving k�[email protected]
County of Riverside Mayberry Avenue Roadway Improvement, Trai Nguyen - Principal Inspector 2950 Washington St, Sidewalk Project - concrete sidewalk, cross (951) 961-5363 $316,000 February 2020 Riverside, CA 92504 Hemet CA gutter and ramps tmgu�[email protected] City of Costa Mesa City Parkway Citywide concrete repair Cristina Oquendo $3.2M May 2020 77 Fair Drive Maintenance Project curb, gutter, sidewalk, Project Manager Costa Mesa CA driveway and ADA Ramps (714) 754-5015
crfstina.Q9uenc!o<@costamesaca.gov
City of Newport Demo, Curb, Gutter, Ben Davis PE-
100 Civic Center Drive, Concrete Sidewalk, ADA Ramps, Project Manager $763,500 July 2020 Newport Beach, CA Replacement Project Cross gutter & Asphalt (949) 644-3317 92660 [email protected]
Alex Rubalcava
City of Loma Linda ADA Access Ramp Demo, sidewalk, driveway, City Inspector $113,000 August 2020 26000 Barton Road, Installation Project ADA Ramps & cross gutter (909) 478-4263 Loma Linda 92354 erubalcava(a)lomalinda-ca.oov
City of West Hollywood CDBG Concrete Demo, sidewalk, driveway, Mila Solugob $311,000 October 2020 8300 Santa Monica West Repair Project ADA Ramps & cross gutter Project Manager Inspector Hollywood, CA 90069 (323) 848-6338
[email protected]
City of Perris A Street and Nuevo Demo, sidewalk, driveway, Brad Brophy $298,000 November 2020 1015 S G St, Perris, CA Road Project ADA Ramps, cross gutter Project Manager Inspector 92570 and asphalt (951) 943-6504
[email protected]
City of Newport Ben Davis PE -
100 Civic Center Drive, Concrete Repair Street Reconstruction; Project Manager $700K July 2021 Newport Beach, CA Program Project Concrete Repair (949) 644-33 17 92660 bdavis(a)newportbeachca.iiov

.,
-- ��---------
ATTACHMENT 3
Project Owner
City of Newport
100 Civic Center Drive,
Newport Beach, CA
92660
City of Chino Hills
14000 City Center Dr,
Chino Hills CA
City of Corona
400 S. Vicentia Ave
Corona, CA 92882
County of Riverside
2950 Washington St,
Riverside, CA 92504
County of Riverside
2950 Washington St,
Riverside, CA 92504
City of Orange
300 E Chapman Ave,
Orange, CA 92866
City of Lake Forest
100 Civic Center Dr,
Lake Forest CA
City of Newport
100 Civic Center Drive,
Newport Beach, CA
92660
City of Hawaiian Garden
21815 Pioneer Blvd.,
Hawaiian Gardens, CA
90716
City of Yorba Linda
4845 Casa Loma Ave,
Yorba Linda, CA 92886

S&H CIVILWORKS
COMPLETED PROJECT REFERENCES PAST (5) YEARS
Project
Concrete Alley and
Street Replacement
Project
5 Year On-Call
contract Project
2019-2024
Oak Avenue Sidewalk
Improvement Project
Carver Tract Sidewalk
Improvement
Replacement Project
El Toro Road/Dexter
Road Project
Annual Concrete at
Various location
Phase 13 - CDBG
ADA Ramp
35th and lake Street
Project
Citywide Concrete
Rehabllitation Project
4 Year On-Call
contract Project
2022-2024
Scope of Work Contact Contract
Amount
Street Reconstruction; Patricia Carpenter PE-
Concrete, drainage and Project Manager $2.2M
PCC pavement (949) 644-3344
�ari;ienter@newi;iortbeachca.gov
Remove and reconstruction Jerry Barragan
of curb, gutter, driveway Superintendent $225K/Yr
sidewalk and ramp (909) 573-4355
[email protected]
Street Reconstruction; Julianna Zaleski
Concrete and PCC Project Manager $550K
pavement (951) 736-2264
[email protected]
Street Reconstruction; Trai Nguyen -Supervisor Principal Concrete, drainage and Inspector $1 .5M
Asphalt pavement (951) 961 -5363
trngu�[email protected]
Street Reconstruction; Steve Wann - Principal Inspector Concrete, drainage and (951) 961 -5946 $1 .5M
Asphalt pavement [email protected]
Remove and reconstruction Evan Arnold
Construction Inspector of curb, gutter, driveway (714) 602-01 11 $1.1M sidewalk and ramp Earnold@Cit�of0range.org
Remove and reconstruction Nazila Mokarram
Principal Engineer of curb, gutter, driveway (949) 461 -3490 $10 4K sidewalk and ramp [email protected]
Kyle Aube, PE-
Wall construction and Project Manager $210K Concrete (949) 644-3296 kaube@newi;iortbeachca.gov
Neema Ghanba ri, P.E.

Remove and reconstruction Engi neering Manager
of curb, gutter, driveway (562) 420-2641 ext. 206 $13 0K sidewalk and ramp nghanbari@□gcit�.org
Remove and reconstruction Armando Jaime
Superintendent $1. 6M of curb, gutter, driveway (714) 81 4-4687 $400K/Yr sidewalk and ramp ajaime@�orbalindaca.gov

Completion
Date
November
2021
On-going
April 2022
November
2022
November
2022
October 2023
November 2023
January 2025
March 2025
January 2026
ATTACHMENT 3

Acknowledgement
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached., and not the truthfulness, accuracy, or validity of that document.

State of California
County of San Bernardino
On April 24, 2026, before me, Manjit Kaur Boughan, Notary Public, personally appeared Jess Sotto who proved to me on the basis Qf satisfactory evidence to be the person {.s}whose name !s'.fis/.-are-subscribed to the within instrument and acknowledged to me that he/she/ they executed the same in his/iicrl their authorized capacity fies1, and that by his/her/thoi;, signature (!<Jon the instrument the person (s), or the entity upon behalf of which the person {aj''acted, executed the instrument.

I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.
(Signature)
MANJITKAUR BOUGHAN 1
COMM. #2470923 �
NOTARY FUBUC • CALIFORNIA ffi SAN BERt'IAROINO COUNlY
I My C�pires Nov 12, 2027
(seal)
I
ATTACHMENT 3

EXHIBIT B

BID PACKAGE

ATTACHMENT 3
ATTACHMENT 3
i

TABLE OF CONTENTS

PAGE NUMBER

TABLE OF CONTENTS ................................ ................................ ................................ .. i THRU vi

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-2

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

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

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

ATTACHMENT 3
ii

Table of Contents
(CONTINUED)

PAGE NUMBER

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

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

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

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

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

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

REQUEST FOR INTERPRETATION OF CONTRACT DOCUMENTS FORM .......................... B-5

SECTION C

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

SECTION D

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

1-2 TERMS AND DEFINITIONS ................................ ................................ ...... GP-2

1-3 ABBREVIATIONS ................................ ................................ ................... GP-3

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

1-6.1.1 REQUEST FOR INTERPRETATION ................................ .......................... GP-4

1-6.1.2 SOIL CONDITIONS ................................ ................................ ................ GP-4

1-6.1.3 RETURN OF BID SECURITY ................................ ................................ ... GP-4

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

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

1-7.1.1 EXECUTION OF THE AGREEMENT ................................ ........................... GP-6

1-7.2 CONTRACT BONDS ................................ ................................ ............... GP-6

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

2-2 PERMITS ................................ ................................ .............................. GP-7 ATTACHMENT 3
iii

Table of Contents
(CONTINUED)

PAGE NUMBER

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

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

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

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

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

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

2-9 CHANGED CONDITIONS ................................ ................................ ....... GP-9

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

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

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

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

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

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

3-10.2 LINE AND GRADE ................................ ................................ ............... GP-14

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

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

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

3-12.4.2 STORAGE IN PUBLIC STREETS ................................ ............................. GP-15

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

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

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

3-12.6.4 DEWATERING ................................ ................................ ..................... GP-19

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

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

ATTACHMENT 3
iv

Table of Contents
(CONTINUED)

PAGE NUMBER

5-1 LAWS AND REGULATIONS ................................ ................................ ... GP-21

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

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

5-3.2 PREVAILING WAGES ................................ ................................ ........... GP-21

5-3.3 PAYROLL RECORDS ................................ ................................ ........... GP-22

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

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

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

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

5-7.8 STEEL PLATE COVERS ................................ ................................ ...... GP-23

6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF THE WORK ........... GP-24

6-1.1 CONSTRUCTION SCHEDULE ................................ ................................ GP-24

6-1.3 DAILY REPORT SUBMITTAL ................................ ................................ .. GP-25

6-3 TIME OF COMPLETION ................................ ................................ ........ GP-25

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

6-6 SUSPENSION OF THE WORK ................................ ............................... GP-25

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

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

6-7.4 RESPONSIBILITY OF SURETY ................................ ............................... GP-26

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

7-2 LUMP SUM WORK ................................ ................................ ............... GP-26

7-3 PAYMENT ................................ ................................ .......................... GP-27

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

7-3.2.1 PROMPT PROGRESS PAYMENT TO SUBCONTRACTORS .......................... GP-29 ATTACHMENT 3
v

Table of Contents
(CONTINUED)

PAGE NUMBER

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

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

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

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

7-3.4.2 CONSTRUCTION SEQUENCE/ORDER OF WORK ................................ ..... GP-32

7-4 PAYMENT FOR EXTRA WORK ................................ ............................... GP-32

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

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

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

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

7-4.3.2 WORK BY A SUBCONTRACTOR ................................ ............................ GP-33

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

SECTION E

SPECIAL PROVISIONS ........................................................................ SP-1 THRU SP-55

SECTION F

MISCELLANEOUS CONTRACT DOCUMENTS (SAMPLE)

1 AGREEMENT (SAMPLE) ................................ ................................ .. 22 PAGES

2 COUNCIL POLICY ................................ ................................ ............ 3 PAGES

3 INSURANCE (SAMPLE) ................................ ................................ ..... 6 PAGES

4 BONDS ................................ ................................ ........................... 2 PAGES

5 APPLICATION FOR BUSINESS LICENSE ................................ ............... 1 PAGE

6 W-9 FORMS ................................ ............. ……………………………4 PAGES

ATTACHMENT 3
vi

Table of Contents
(CONTINUED)

PAGE NUMBER

SECTION G

APPENDICES

STANDARD DRAWINGS ................................ ................................ ............................... 46 PAGES

ATTACHMENT 3
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:

On Call Sidewalk Repair Project
CITY PROJECT NO. 25-20

1. BID SUBMISSION AND OPENING: Bids must be submitted electronically via the City of Costa Mesa’s PlanetBids portal before the deadline of 2:00 P.M., Wednesday, May 6, 2026, at which time or shortly thereafter the City 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 consists of: mobilization; clearing and grubbing; sawcutting, removal and reconstruction of sidewalk; curb and gutter, driveway/driveway approach, spandrel, and cross gutter; installation of new A.D.A. ramps; traffic control; and all other work as required. The contractor shall furnish all 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 City.

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 physical 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 at 77 Fair Drive, Costa Mesa, CA 92626 prior to the bid submission deadline. No bid will be considered unless such certified check, cashier's check, or bid bond is received by the City Clerk PRIOR to the bid submission deadline.

6. CONTRACTOR’S LICENSE: A valid California Contractor's License Class “A” (General Engineering Contractor) issued by the California Contractors State License Board is required at the time the contract is awarded pursuant to California Public Contract Code section 3300. Each bidder must also be qualified as required by law at the time of the bid opening.

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

ATTACHMENT 3
N-2

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

9. PAYMENT (LABOR & MATERIAL) BOND AND PERFORMANCE BOND: A Payment (Labor & Material) Bond and a Performance Bond, each in the amount of 100% of the contract amount, will be required of the successful bidder prior to or after the award of the contract.

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

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

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

13. 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 Kevin Gaxiola, Public Works Department, via e -mail at [email protected].

Brenda Green, City Clerk
City of Costa Mesa

Dated: April 9, 2026
ATTACHMENT 3
Project and Specification No. 25-20

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 shal l be accompanied by a notarized Noncollusion Affidavit on a form which is included in the Contract Documents.

5. SIGNATURE: Via the PlanetBids platform, 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 o r more low bidders, the number being at the discretion of the City, will be held for sixty (60) calendar days or until posting by the successful bidder of the Bonds and Certificates of Insurance required and return of executed copies of the Agreement, which ever first occurs, at which time the deposits will be returned.

ATTACHMENT 3
Project and Specification No. 25-20

B-2

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

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

11. AGREEMENT AND BONDS: The Agreement form, which the successful bidder, as Contractor, will be required to execute, and the forms and amounts of surety bonds and Certificate of Insurance which he will be required to furnish prior to the execution of the Agreement, are included in the Contract Documents and should be carefully examined by the Bidder. The successful Bidder will be required to submit THREE (3) executed copies of the Agreement, the Performance Bond, the Payment Bond and the Certificate of Insuran ce. 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, t he Bidder and the Surety; and both signatures shall be notarized.

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

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

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

14. EXAMINATION OF SITE AND CONTRACT DOCUMENTS: Each bidder shall visit the site of the proposed work and fully acquaint himself with the conditions relating to the construction and labor so that he may fully understand the facilities, difficulties, and restrictions attending the execution of the work under the contract. Bidders shall thoroughly examine and be familiar with the drawings and specifications. The failure or omission of any bidder to receive or examine any contract document, form, instrument, addendum, or other document or to visit the site and acquaint himself with conditions there existing shall in no way relieve any bidder from any obligation with respect to his bid or to the contract. The submission of a bid shall be taken as prima facie evidence of compliance with this section.

15. INTERPRETATION OF PLANS AND DOCUMENTS : If any Bidder contemplating submitting a bid for the proposed contract is in doubt as to the true meaning of any part of the drawings, specifications, or other Contract Documents, or finds discrepancies in, or omissions from the drawings and specifications, it may submit to the Engineer a written request for an interpretation or correction thereof. The Bidder submitting the Requ est for Interpretation (RFI) shall be responsible for its prompt delivery and on the form included within this IFB (Page B -6) Any interpretation or correction of the Contract Documents will be made only by addendum duly issued ATTACHMENT 3
Project and Specification No. 25-20

B-3
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 cont ract 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 t he Director of Industrial Relations of the State of California.

21. ANTI-DISCRIMINATION: It is the policy of the City that in connection with all work performed under contracts, there be no discrimination against any prospective or active employee engaged in the work because of race, color, ancestry, national origin, religious creed, sex, ag e, 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 Se ction 1735. In addition, the Contractor agrees to require like compliance by any subcontractors employed on the work by him/her.

22. DRUG-FREE WORKPLACE POLICY : Contractor, upon notification of contract award, shall establish a Drug -Free Awareness Program to inform employees of the dangers of drug abuse in the workplace, the penalties that may be imposed upon employees for drug abuse violations occurring in the workplace, and the employee ATTACHMENT 3
Project and Specification No. 25-20

B-4
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 inc lude 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 re asonable 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 appli es to public works contracts entered into on and after January 1, 2017. The legislation was supposed to sunset (end) on January 1, 2020, unless extended by subsequent legislation. The summary of Section 9204 is specified as follows:

In the event of any dispute or controversy with the City over any matter whatsoever, the Contractor shall not cause any delay or cessation in or of Work, but shall proceed with the performance of the Work in dispute. The Contractor shall retain any and all rights provided that pertain to the resolution of disputes and protests between the parties. The Disputed Work will be categorized as an “unresolved dispute” and payment, if any, shall be as later determined by agreement or a court of law. The Contractor shall keep accurate, detailed records of all Disputed Work, claims and other disputed matters.

All claims arising out of or related to the Contract Documents or this Project, and the consideration and payment of such claims, are subject to the Government Claims Act (Government Code Section 810 et seq.) with regard to filing claims. All such claims are also subject to the dispute procedures set forth in Public Contract Code Section 9204 and Public Contract Code Section 20104, et seq. (Article 1.5), to the extent each is applicable. This Contract hereby incorporates those provisions as through fully set forth herein. Thus, the Contractor or any Subcontractor must file a claim in accordance with the Government Claims Act as a prerequisite to filing a construction claim in compliance with Section 9204 and Section 20104 et seq. (if applicable), and must then adhere to Section 20104, et seq. and Section 9204, as applicable, pursuant to the definition of “claim” as individually defined therein.

ATTACHMENT 3