Fire Station No. 2 Reconstruction.pdf

CITY OF COSTA MESA

ORANGE COUNTY, CALIFORNIA

NOTICE TO BIDDERS, PROPOSAL, CONTRACT, AND

SPECIAL PROVISIONS FOR

FIRE STATION NO. 2 RECONSTRUCTION PROJECT

CITY PROJECT NO. 26-05

VOLUME I

Prepared Under the Direction of

Patrick Bauer, CPSWQ, QSD/QSP

Deputy Public Works Director

City of Costa Mesa Fire Station No. 02

VOLUME I

TABLE OF CONTENTS

PAGE NUMBER

TABLE OF CONTENTS ........................................................................................... 1 - 3

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

INFORMATION FOR BIDDERS ...........................................................................B-1 - B-4

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

STANDARD SPECIFICATIONS

PART 1 - GENERAL PROVISIONS ............................................................................ 1-20

1-2 DEFINITIONS

1-3 ABBREVIATIONS

2-1.1 AWARD OF CONTRACT

2-1.2 PROCEDURE FOR PROPOSAL SUBMITTAL

2-1.3 REQUEST FOR INTERPRETATION

2-1.4 RETURN OF BID SECURITY

2-1.5 EXECUTION OF AGREEMENT

2-2.1 ASSIGNMENT

2-3.1 SUBCONTRACTS: GENERAL

2-4 CONTRACT BONDS

2-5.1 PLANS AND SPECIFICATIONS

2-6.1 REMOVAL OF DEFECTIVE AND UNAUTHORIZED WORK

2-7.1 SOIL CONDITIONS

2-9.1 PERMANENT SURVEY MARKERS

2-9.3 SURVEY SERVICE

2-10 AUTHORITY OF BOARD AND ENGINEER

2-11.1 INSPECTION COSTS

(CONTINUED)

PAGE NUMBER

PART 1 - GENERAL PROVISIONS (CONTINUED)

2-12 SPECIAL NOTICES

3-1.1 CHANGES IN WORK: GENERAL

3-3.1 EXTRA WORK: GENERAL

3-4 CHANGED CONDITIONS

4-1.4 TEST OF MATERIALS

5-1 UTILITIES: LOCATION

5-2 UTILITIES: PROTECTION

5-4 UTILITIES: RELOCATION AND ABANDONMENT

6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK

6-1.1 DAILY REPORT SUBMITTAL

6-4.3 NOTICE OF TERMINATION FOR DEFAULT

6-4.4 RESPONSIBILITIES OF SURETY

6-8.3 WARRANTY

6-9 LIQUIDATED DAMAGES

6-10 OCCUPANCY

7-2.3 PREVAILING WAGE RATES

7-2.4 APPRENTICES

7-3 LIABILITY INSURANCE

7-5 PERMITS, LICENSES, AND COMPLIANCE WITH SOLID WASTE HAULING

7-6 THE CONTRACTOR'S REPRESENTATIVE

7-8.1 CLEAN-UP AND DUST CONTROL

7-8.5 TEMPORARY LIGHT, POWER AND WATER

7-8.7.1 DRAINAGE CONTROL: RESPONSIBILITIES

PAGE NUMBER

PART 1 - GENERAL PROVISIONS (CONTINUED)

7-8.7.2 DRAINAGE CONTROL: EXCAVATION DEWATERING REQUIREMENTS

7-10 PUBLIC CONVENIENCE AND SAFETY

7-10.1 TRAFFIC AND ACCESS

7-10.3 HAUL ROUTES

7-10.5.3 STEEL PLATE COVERS

7-13 LAWS TO BE OBSERVED

9-3.1.1 PAYMENT GENERAL

9-3.2 PARTIAL AND FINAL PAYMENT

9-3.2.1 PROMPT PROGRESS PAYMENT TO SUBCONTRACTORS

9-3.2.2 PROMPT PAY MONITORING & ENFORCEMENT OF PROGRESS PAYMENTS

9-3.3 DELIVERED MATERIALS

PART 2 - SPECIAL PROVISIONS ............................................................................ 21-27

PART 3 - SUPPLEMENTAL SPECIAL PROVISIONS

SUPPLEMENTAL SPECIAL PROVISIONS ..................................................................................... 28-64

PART 4 - MISCELLANEOUS CONTRACT DOCUMENTS

1 AGREEMENT (SAMPLE) .................................................................. 21 PAGES

2 COUNCIL POLICY........................................................................... D-1 - D-3

3 INSURANCE (SAMPLE) ...................................................................... 5 PAGES

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

5 PERMIT APPLICATION ......................................................................... 1 PAGE

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

7 COMMUNITY WORKFORCE AGREEMENT …………………………………… 51 PAGES

VOLUME II: TECHNICAL SPECIFICATIONS

Notice Inviting Bids N-1 - N-2

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:

FIRE STATION NO. 2 RECONSTRUCTION

CITY PROJECT NO. 26-05

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, September 23, 2026, at which time or shortly thereafter the City will open the 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 demolition of the existing station, furnishing and installing a fully operational temporary living and operating quarters, and construction of the new LEED Gold station.

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: A mandatory pre-bid job walk has been scheduled for Thursday, August 20, 2026 at 10:00 a.m. at Fire Station No. 2 located at 800 Baker Street, Costa Mesa, CA 92626. Parking and access is available on Randolph Avenue, north of the project site.

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 an original 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 physical certified check, cashier's check, or original 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 “B” (General Building

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.

https://www.planetbids.com/portal/portal.cfm?CompanyID=45476 https://linkprotect.cudasvc.com/url?a=https%3a%2f%2fwww.planetbids.com%2fportal%2fportal.cfm%3fCompanyID%3d45476&c=E,1,LEqW9Krx_sZkW-r3g4DgSCNWMFWVZ1o2X5P3oYLexFgmnqw1VEIe-OoQVcPB4USMBoXYEfzcMMgJRc4608x9-nfEgbJ4ddJERhPRa4qNQgQFZQ3DvLwI&typo=1

Notice Inviting Bids N-1 - N-2

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.

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

Brenda Green, City Clerk August 6, 2026

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: Only Licensed Contractors, authorized to do business under the laws of the State of California and that are able to meet the following criteria will be eligible to submit a bid:

A. Contractors bidding to the City shall have a minimum five (5) years continuous experience as prime on projects of comparable quality, size, complexity and type.

B. Contractors bidding to the City shall have completed as the prime three (3) projects of comparable quality, size, complexity and type.

C. Subcontractors shall meet the above two requirements as it pertains to their Work.

D. Within three (3) calendar days of request by City, Contractor shall submit evidence of compliance to the above qualifications and provide a list of all work performed, both complete and incomplete, within the previous five (5) years and include the names and phone numbers of the Clients and Architects involved.

E. Before a contract is awarded, the City may at its sole discretion, require from the proposed contractor evidence of their ability to faithfully, capably, and reasonably perform such proposed contract within the Contract Time and for the Contract Amount, and may consider such evidence before making a decision on the award of such proposed contract.

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 physically 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.

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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. 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. A mandatory pre-bid job walk is scheduled for 10:00 AM, Thursday, August 20, 2026 at the project site. 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.

9. BID DEPOSIT RETURN: Deposits of three of more low bidders, the number being at the discretion of the City, will be held for sixty (60) calendar days or until posting by the successful bidder of the Bonds and Certificates of Insurance required and return of executed copies of the Agreement, whichever first occurs, at which time the deposits will be returned.

10. 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.

11. 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.

12. 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.

13. 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.

14. 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.

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. Any interpretation or https://linkprotect.cudasvc.com/url?a=https%3a%2f%2fwww.planetbids.com%2fportal%2fportal.cfm%3fCompanyID%3d45476&c=E,1,LEqW9Krx_sZkW-r3g4DgSCNWMFWVZ1o2X5P3oYLexFgmnqw1VEIe-OoQVcPB4USMBoXYEfzcMMgJRc4608x9-nfEgbJ4ddJERhPRa4qNQgQFZQ3DvLwI&typo=1 correction of the Contract Documents will be made only by addendum duly issued and a copy of such addendum will be published and distributed through the PlanetBids dashboard. 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.

Work not particularly specified in the specifications or details on the contract drawings but involved in carrying out the intent, the complete and proper execution of the work, is required and shall be performed by the Contractor.

Should it appear that there is a real or apparent discrepancy between different sections of the plans or specifications concerning nature, quality or extent of the Work to be furnished, it shall be assumed that the Contractor has based his bid on the more expensive manner. Final decision shall rest with the City.

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: Pre-bid questions and requests for interpretation (RFIs) of the bid documents (i.e. Plans, Specifications, Contract Documents, Bid Forms, etc.)

shall be submitted no later than 2:00 pm September 2, 2026. Any questions or RFI requests submitted after the advertised date may not receive a response. Substitution proposals will only be considered during the bidding phase.

18. EQUIVALENT MATERIALS: Requests for the use of equivalents to those specified, must be submitted to the City during the bidding phase. All substitution proposal requests shall be submitted to the City for review no later than 2:00 pm September 2, 2026. No substitution proposals will be accepted after the advertised date, and no substitutions will be considered after award. It is the sole responsibility of the successful bidder to prove to the City that a proposed substitute is truly an equivalent to what has been specified.

19. EVIDENCE OF RESPONSIBILITY: Upon the request of the City, a bidder whose bid is under consideration for the award of the contract shall submit promptly to the City satisfactory evidence showing the Bidder has sufficient financial resources, construction experience, equipment, labor, managerial experience, technical experience, organization, and adequate facilities available for the performance of the contract.

20. LEGAL RESPONSIBILITIES: All proposals must be submitted, filed, made and executed in accordance with State and Federal laws relating to bids for contracts of this nature whether the same or expressly referred to herein or not. Any Bidder submitting a proposal shall by such action thereby agree to each and all of the terms, conditions, provisions and requirements set forth, contemplated and referred to in the Plans, Specifications and other Contract Documents, and to full compliance therewith. Additionally, any Bidder submitting a proposal shall, by such action thereby, agree to pay at least the minimum prevailing per diem wages as provided in Section 1773, et. seq. of the Labor Code for each craft, classification or type of workman required as set forth by the Director of Industrial Relations of the State of California.

21. ANTI-DISCRIMINATION: It is the policy of the City that in connection with all work performed under contracts, there be no discrimination against any prospective or active employee engaged in the work because of race, color, ancestry, national origin, religious creed, sex, age, or marital status. The Contractor agrees to comply with applicable Federal and California laws including, but not limited to, the California Fair Employment Practice Act, beginning with Government Code Section 12900, and Labor Code Section 1735. In addition, the Contractor agrees to require like compliance by any subcontractors employed on the work by him/her.

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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 Works Director, whose decision shall be final. This procedure supersedes the procedure of appeal outlined in City of Costa Mesa Municipal Code Section 2-303.

24. ASSEMBLY BILL 626: Assembly Bill 626 (AB 626), adds section 9204 to the Public Contract

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

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

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

25. COMMUNITY WORKFORCE AGREEMENT REQUIREMENTS: This project is subject to and the Contractor shall adhere to the City’s Community Workforce Agreement (CWA). This project is considered a Prime Multi-Trade Construction contract. The CWA is a pre-hire collective bargaining agreement, which establishes the labor relations policies and procedures for Contractor and all subcontractors of all tiers to follow in the crafts persons employed to complete the Work of Improvement as more fully described in the CWA. The CWA is incorporated by reference in the Public Works Agreements. A copy of the CWA is included in Part 4.

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Proposal

The Honorable City Council City of Costa Mesa 77 Fair Drive Costa Mesa, CA 92626

PROPOSAL SCHEDULE

Dear Council Members:

In compliance with the NOTICE INVITING BIDS FOR THE FIRE STATION NO. 2 RECONSTRUCTION, CITY PROJECT NO. 26-05, 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) DAYS AFTER DATE OF CONTRACT, AND COMPLETE SAID WORK WITHIN SEVEN HUNDRED THIRTY (730) CALENDAR 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:

Lump Sum Base Bid: $

NOTE: A mandatory pre-bid job walk of the project site is required. Bids will not be accepted from any contractor who does not attend the mandatory pre-bid job walk.

Bidder's Initial

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(CONTINUED) - ALLOWANCES

Item Description Total Amount

Allowance No. 01 – Unforeseen Hazardous Material Abatement / Remediation

$_75,000.00

2 Allowance No. 02 – Unforeseen / unsuitable soil remediation

$ 75,000.00

3 Allowance No. 03 – Unforeseen man-made buried objects remediation

4 Allowance No. 04 – Additional sound mitigation measures $ 75,000.00

5 Allowance No. 05 – Unforeseen utility relocation measures

Allowance No. 06 – Additional traffic control measures

$ 50,000.00

Allowance No. 07 – Additional SWPPP requirements

$ 50,000.00

8 Allowances No. 08 – Additional Work Items, as directed by the City.

$ 125,000.00

ALLOWANCES SUBOTAL: $ 600,000.00

ALLOWANCES AS SET FORTH IN THE CONTRACT DOCUMENTS ARE TO BE USED AS COMPENSATION FOR ITEMS AS SET IN THE SPECIAL PROVISIONS. THE ALLOWANCE AMOUNTS ARE TO BE INCLUDED IN THE TOTAL PROJECT BID.

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NOTE:

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

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

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

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

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

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

Bidder's Initials

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PROPOSAL

(Please Type or Print)

Total Amount for Lump Sum Bid including Allowances (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 PWC Registration Number:

Signature: Date:

Contractor's Address:

Telephone Number:( ) Mobile No.:( )

Fax Number: ( ) E-mail:

24-Hour Emergency Contacts:

Name

Telephone Number: ( )

Mobile No.: ( )

Telephone No.: ( )

Mobile No.: ( )

Telephone No.: ( )

Mobile No.: ( )

P-2

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.

P-2a

Respectfully Submitted by:

Contractor's Business Name Contractor Title

Business Address: Street By Title

City State Zip Contractor's License No. and Classification

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 venturers.

Partnership or Joint Ventures Taxpayer I.D. Number:

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.

P-3

ADDENDA

Bidder shall signify receipt of all Addenda here, if any:

Addendum No.

Date Received

Bidder's Signature

CONSTRUCTION PROJECT REFERENCES

In order to fully evaluate your firm’s background and experience for the project herein proposed, it is required that you submit a list of construction projects completed within the last 5 years of similar scope and magnitude. This information will be used to evaluate whether the bid is responsive and or responsible to the call for bids. Bidder to add additional sheets if necessary.

PROJECT

NAME &

SCOPE

OF

WORK

AWARDING

AGENCY CONTRACT

VALUE

DATE

PROJECT

COMPLETED

AGENCY’S

REPRESENTATIVE

NAME, TITLE, AND

PHONE NUMBER

P-4

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. 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 shall be deemed to have agreed to perform such portion himself, and he 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.

PORTION

OF WORK

SUBCONTRACTOR(S)

NAME

SUBCONTRACTOR(S)

FULL ADDRESS

STATE LICENSE NUMBER

AND CLASSIFICATION

P-5

CITY OF COSTA MESA BIDDERS LIST

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

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

Firm Name: Phone:

Address: Fax:

Contact Person: No. of years in business:

Is the firm currently certified as a DBE under 49 CFR Part 26? YES NO

Type of work/services/materials provided by firm?

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

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

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

P-5a

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)

P-6

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.

P-7

P-8

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 is 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

P-9

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: FIRE STATION NO. 2 RECONSTRUCTION - CITY PROJECT NO. 26-05

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 Attachment No. 1 in the Project Specifications.

P-9a

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

P-10

STANDARD PROVISIONS

Part 1

A: STANDARD SPECIFICATIONS

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 City 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.

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 City Environmental Management Agency," and "Los Angeles City Flood Control City, Design Manual, Standard Drawings" shall apply.

B: GENERAL PROVISIONS

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 first precedence.

1-2 DEFINITIONS

(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-9a, 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 City Environmental Management Agency

L.A.C.F.C.D. Los Angeles City Flood Control City

2-1.1 AWARD OF CONTRACT

The award of contract, if awarded, will be to the lowest responsible bidder whose proposal complies with all requirements of the Notice Inviting Bids and Section 2-1.2 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 to the BIDDER that the contract is ready for execution. The contract will be awarded within ninety (90) days of receipt of properly approved insurance certificates and bonds pursuant to CITY requirements spelled out in these specifications.