HomeMy WebLinkAboutC-3170 - San Joaquin Hills Road rehabilitation Project for FY 98-99• 0
CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
(949) 644 -3005
January 19, 2000
R. J. Noble Company
15505 E. Lincoln Avenue
Orange, CA 92865
Subject: San Joaquin Hills Road Rehabilitation (C -3170)
To Whom It May Concern:
On December 13, 1999, the City Council of Newport Beach accepted the work of
the subject project and authorized the City Clerk to file a Notice of Completion
and to release the bonds 35 days after the Notice of Completion had been
recorded in accordance with applicable portions of the Civil Code.
The Notice of Completion was recorded by the Orange County Recorder on
December 15, 1999, Reference No. 19990851480. The Surety for the contract is
Federal Insurance Company, and the bond numbers are 81567259 -E and 8155 -90-
13. Enclosed are the bidders bond, the labor & materials payment bond and the
faithful performance bond.
Sincerely,
LaVonne M. Harkless, CMC /AAE
City Clerk
LH:cf
cc: Public Works Department
Horst Hlawaty, Construction Engineer
encls.
3300 Newport Boulevard, Newport Beach
Recorded in the County of orange, California
Gary L Granville, Clerk /Recorder
RECORDING REQUESTED BY AND . D III II I I I I IIIIII II I II NO Fee
WHEN RECORDED RETURN TO:.. 19990851480 10:46AM 12/15/99
004 00014639 114 46
City Clerk '99 i]EC 22 3 -0115 61 0 0.00 0.00 0.00 0.00 0.00 0.00
City of Newport Beach 0.00 0.00
3300 Newport Boulevard Doc Types: 015
Newport Beach, CA 92663 Ci Fi- C' CLERK(
"Exempt from recording lees
pursuant to Government Code Section 6103"
NOTICE OF COMPLETION l
NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard,
Newport Beach, California, 92663, as Owner, and R. J. Noble Company of Orange, y
California, as Contractor, entered into a Contract on June 14, 1999. Said Contract set
forth certain improvements, as follows:
San Joaquin Hills Road Rehabilitation from Jamboree Road to
MacArthur Boulevard [FHWA Project No. STPLMA- 5151 - (008)]
and from MacArthur Boulevard to Marguerite Avenue [FHWA
Project No. STPLMA- 5151 - (009)] - C -3170.
Work on said Contract was completed on November 5, 1999, and was found to be
acceptable on December 13, 1999, by the City Council. Title to said property is vested in
the Owner, and the Surety for said Contract is Federal Insurance Company.
City of Newport Beach
VERIFICATION
I certify, under penalty of perjury, that the foregoing is true and correct to the best of my
knowledge.
Executed on 0 at Newport Beach, California.
BY
City Clerk
0 `` `�
•
9
TO: Mayor and Members of the City Council
(C Do)
December 13, 1999
CITY COUNCIL AGENDA
ITEM NO. ., 7
0
FROM: Public Works Department APPROVED by -2a
SUBJECT: SAN JOAQUIN HILLS ROAD REHABILITATION, CONTRACT NO. 3170
— COMPLETION AND ACCEPTANCE
RECOMMENDATIONS:
1. Accept the work for San Joaquin Hills Road from Jamboree Road to MacArthur
Boulevard [(FHWA Project No. STPLMA- 5151 - (008)] and for San Joaquin Hills
Road from MacArthur Boulevard to Marguerite Avenue [(FHWA Project No.
STPLMA- 5151- (009)].
2. Authorize the City Clerk to file a Notice of Completion for both Federal projects.
3. Authorize the City Clerk to release the bonds for both Federal projects 35 days
after the Notice of Completion has been recorded in accordance with applicable
portions of the Civil Code.
4. Authorize a budget amendment to transfer $33,442.37 from Gas Tax Account No.
7181- C5100396 STPLMA- 5151 -(008) into Account No. 7181- C5100494 STPLMA -
5151- (009).
DISCUSSION:
On June 14, 1999, the City Council authorized the award of San Joaquin Hills Road
Rehabilitation Project from Jamboree Road to MacArthur Boulevard and from
MacArthur Boulevard to Marguerite Avenue to R. J. Noble Company of Orange,
California. The contract provided for the dig -outs of alligatored roadway sections, the
removal by grinding, and replacement of an asphalt cap for the roadway, totaling 10
lane miles. The contract has now been completed to the satisfaction of the Public
Works Department. A summary of the contract cost is as follows:
Original bid amount: $1,297,459.00
Actual amount of bid items constructed: 1,141,611.26
Total amount of change orders: 116,379.54
Total contract cost: $1,257,990.80
0
SUBJECT: San Joaquin Hills RoadWilitation from Jamboree Road to MacArthur (STPO- 5151- (009)) and MacArthur to
Marguerite Avenue (STPLMA- 5151 - (009)), Contract No. 3170 - Completion And Acceptance
December 13, 1999
Page 2
The decrease in the amount of actual bid items constructed versus the original bid
amount resulted from a reduced amount of asphalt concrete placement. The final
overall construction cost including change orders was 3.0% under the original bid
amount.
A total of 3 monetary change orders totaling $116,379.54 were issued to complete the
project. All change orders involved the excavation and removal of unsuitable soil (wet),
and placement of a geogrid fabric with a deep -lift of asphalt concrete.
For purposes of complying with Federal requirements, this project was treated as 2
separate projects with final project costs as follows:
SJHRJamboree Rd. to MacArthur Blvd. (FHWA Proiect No. STPLMA- 5151 - (008))
Description
Account No.
Original Council
Amounts
Final Project
Costs
Measure M Turn -back
7281- C5100396
512,500.00
512,500.00
FHWA AHRP Participation
7285- C5100396
258,368.00
234,830.04
Gas Tax
7181- C5100396
182,056.00
68,305.08
TOTAL
952,924.00
815,685.12
SJHR- MacArthur Blvd to Marquerite Ave. (FHWA Proiect No. STPLMA- 5151 - (009))
Description
Account No.
Original Council
Amounts
Final Project
Costs
FHWA AHRP Participation
7285- C5100494
190,955.00
126,333.32
Gas Tax
7181- C5100494
282,580.00
316,022.37
TOTAL
473,535.00
442,355.69
All work was completed on November 5, 1999, the scheduled completion date.
Respectfully submitted,
PUBLIC WORKS DEPARTMENT
Don Webb, Director
By: /'/' /- 1'��'14 "'.4
Horst Hlawaty, P.E.
Construction Engineer
f. \users\pbw\ shared\ council \fy99- 00 \december- 1 3\sjhr c-3170.doc
0
Citibof Newport Beach •NO. BA- 028
BUDGET AMENDMENT
1999 -00 AMOUNT: $33,aa2.s7
*CT ON BUDGETARY FUND BALANCE:
Increase Revenue Estimates Increase in Budgetary Fund Balance
Increase Budget Appropriations AND Decrease in Budgetary Fund Balance
PX Transfer Budget Appropriations PX No effect on Budgetary Fund Balance
SOURCE:
from existing budget appropriations
from additional estimated revenues
from unappropriated fund balance
FYPI ANATION:
This budget amendment is requested to provide for the following:
To transfer funds from the San Joaquin Hill Road Rehabilitation Jamboree account to the San Joaquin Hill Road -
MacArthur /Marguerite capital project. Both projects are in the Gas Tax Fund.
There have been no prior budget amendments.
ACCOUNTING ENTRY:
BUDGETARY FUND BALANCE
Fund Account
010 3605
REVENUE APPROPRIATIONS (3601)
Fund /Division Account
EXPENDITURE APPROPRIATIONS (3603)
Description
Fund Balance Control
Description
Description
Amount
Debit Credit
Division
Number
7181
Gas Tax
Account
Number
C5100396
San Joaquin Hill Rd Rehab - Jamboree $33,442.37
Division
Number
7181
Gas Tax
Account
Number
C5100494
San Joaquin Hill Rd- MarArthur /Marguerite
Division
Number
Account
Number
Division
Number
Account
Number
Finance Director
City Manager
$33,442.37
Date
lezlldezlop
City Council Approval: City Clerk Dale
Signed:
Financial Approva
d:
A minisirative Apl
Signed:
Finance Director
City Manager
$33,442.37
Date
lezlldezlop
City Council Approval: City Clerk Dale
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
City Clerk
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92663
Recorded in the County of Orange, California
Gar L Granville, Clerk /Recorder
N11IIIIIIINIINNNIIIIIN11111 No Fee
19990851480 10:46AM 12/15/99
004 00014639 114 46
015 01 0 0.00 0.00 0.00 0.00 0.00 0.00
0.00 0.00
Doc Types: 015
"Exempt rom recording ees
pursuant to Government Code Section 6103"
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard,
Newport Beach, California, 92663, as Owner, and R. J. Noble Company of Orange,
California, as Contractor, entered into a Contract on June 14, 1999. Said Contract set
forth certain improvements, as follows:
San Joaquin Hills Road Rehabilitation from Jamboree Road to
MacArthur Boulevard [FHWA Project No. STPLMA -5151- (008)]
and from MacArthur Boulevard to Marguerite Avenue [FHWA
Project No. STPLMA- 5151 - (009)] - C -3170.
Work on said Contract was completed on November 5, 1999, and was found to be
acceptable on December 13, 1999, by the City Council. Title to said property is vested in
the Owner, and the Surety for said Contract is Federal Insurance Company.
Public Works Director
City of Newport Beach
VERIFICATION
I certify, under penalty of perjury, that the foregoing is true and correct to the best of my
knowledge.
Executed on _r;:.• / % 1 `I `f r at Newport Beach, California.
BY
City Clerk
C& of Newport Bead NO. BA- 028
BUDGET AMENDMENT
1999 -00 AMOUNT: ;s3,aaz.s7
ECT ON BUDGETARY FUND BALANCE:
Increase Revenue Estimates Increase in Budgetary Fund Balance
Increase Budget Appropriations AND Decrease in Budgetary Fund Balance
PX Transfer Budget Appropriations X No effect on Budgetary Fund Balance
SOURCE:
X from existing budget appropriations C 1w l
from additional estimated revenues I oEC
from unappropriated fund balance
EXPLANATION: 1 ADDDOWE'n
This budget amendment is requested to provide for the following:
To transfer funds from the San Joaquin Hill Road Rehabilitation Jamboree account to the San Joaquin Hill Road -
MacArthur /Marguerite capital project. Both projects are in the Gas Tax Fund.
There have been no prior budget amendments.
ACCOUNTING ENTRY:
BUDGETARY FUND BALANCE
Fund Account Description
010 3605 Fund Balance Control
REVENUE APPROPRIATIONS (3601)
Fund /Division Account Description
EXPENDITURE APPROPRIATIONS (3603)
Description
Division Number 7181 Gas Tax
Account Number C5100396 San Joaquin Hill Rd Rehab - Jamboree
Division
Number 7181
Account
Number C5100494
Division
Number
Account
Number
Division Number
Account Number
Signed
ied
Gas Tax
San Joaquin Hill Rd- MacMhur/Marguerite
Finance Director
City Manager
Signed: ✓YJljj7t/ .0 / //- pra
City Council Approval: City Clerk
Amount
Debit Credit
$33,442.37
$33,442.37
42-e- ;�
Date
I D 11'3 �q9
Date
• • PAGE 8
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
SAN JOAQUIN HILLS ROAD REHABILITATION
CONTRACT NO. 3170
CONTRACT
THIS AGREEMENT, entered into this 14th day of June, 1999, by and between the CITY OF
NEWPORT BEACH, hereinafter "City," and R. J. Noble Company, hereinafter "Contractor," is made with
reference to the following facts:
WHEREAS, City has advertised for bids for the following described public work:
SAN JOAQUIN HILLS ROAD REHABILITATION
Project Description
3170
Contract No.
WHEREAS, Contractor has been determined by City to be the lowest responsible bidder and
Contractor's bid, and the compensation set forth in this Contract, is based upon Contractor's careful
examination of all Contract documents, plans and specifications.
NOW, THEREFORE, City and Contractor agree as follows:
A. CONTRACT DOCUMENTS The complete Contract for the Project includes all of the following
documents: Notice Inviting Bids, Instructions to Bidders, Proposal, Bidder's Bond, Non - Collusion
Affidavit, Faithful Performance Bond, Labor and Materials Payment Bond, Permits, General
Conditions, Standard Special Provisions and Standard Drawings, Plans and Special Provisions for
Contract No. 3170, Standard Specifications for Public Works Construction (current adopted
edition and all supplements) and this Agreement, and all modifications and amendments thereto
(collectively the "Contract Documents "). The Contract Documents comprise the sole agreement
between the parties as to the subject matter therein. Any representations or agreements not
specifically contained in the Contract Documents are null and void. Any amendments must be
made in writing, and signed by both parties in the manner specified in the Contract Documents.
B. SCOPE OF WORK Contractor shall perform everything required to be performed, and shall
provide and furnish all the labor, materials, necessary tools, expendable equipment and all utility
and transportation services required for the Project:
All of the work to be performed and materials to be furnished shall be in strict accordance with the
provisions of the Contract Documents. Contractor is required to perform all activities, at no extra
cost to City which are reasonably inferable from the Contract Documents as being necessary to
produce the intended results.
• . PAGE 9
C. COMPENSATION As full compensation for the performance and completion of the Project as
required by the Contract Documents, City shall pay to Contractor and Contractor accepts as full
payment the sum of One Million Two Hundred Ninety Seven Thousand Four Hundred Fifty
Nine Dollars ($1,297,459.00).
This compensation includes:
(1) Any loss or damage arising from the nature of the work,
(2) Any loss or damage arising from any unforeseen difficulties or obstructions in the performance
of the work,
(3) Any expense incurred as a result of any suspension or discontinuance of the work, but
excludes any loss resulting from earthquakes of a magnitude in excess of 3.5 on the Richter
Scale and tidal waves, and which loss or expense occurs prior to acceptance of the work by
City.
D. NOTICE OF CLAIMS Unless a shorter time is specified elsewhere in this Contract, before making
its final request for payment under the Contract Documents, Contractor shall submit to City, in
writing, all claims for compensation under or arising out of this Contract. Contractor's acceptance
of the final payment shall constitute a waiver of all claims for compensation under or arising out of
this Contract except those previously made in writing and identified by Contractor in writing as
unsettled at the time of its final request for payment.
E. WRITTEN NOTICE Any written notice required to be given under the Contract Documents shall
be performed by depositing the same in the U.S. Mail, postage prepaid, directed to the address of
Contractor and to City, addressed as follows:
CITY
City of Newport Beach
Public Works Department
3300 Newport Boulevard
Newport Beach, CA 92663
Attention: Fong Tse
(949) 644 -3340
F. LABOR CODE 3700 LIABILITY INSURANCE
certifies:
CONTRACTOR
R. J. Noble Company
15505 E. Lincoln Avenue
Orange, CA 92865
714 - 637 -1550
Contractor, by executing this Contract, hereby
"I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to
be insured against liability for Workers' Compensation or undertake self- insurance in accordance
with the provisions of the Code, and I will comply with such provisions before commencing the
performance of the work of this Contract."
G. INSURANCE
Insurance is to be placed with insurers with a Best's rating of no less than A:VII and insurers
must be a California Admitted Insurance Company.
Contractor shall furnish City with certificates of insurance and with original endorsements
effecting coverage required by this Contract. The certificates and endorsements for each
insurance policy are to be signed by a person authorized by that
PAGE 10
• •
insurer to bind coverage on its behalf. All certificates and endorsements are to be received and
approved by City before work commences. City reserves the right to require complete, certified
copies of all required insurance policies, at any time.
Contractor shall procure and maintain for the duration of the contract insurance against claims
for injuries to persons or damages to property which may arise from or in connection with the
performance of the work hereunder by Contractor, his agents, representatives, employees or
subcontractors. The cost of such insurance shall be included in Contractor's bid.
1. Minimum Scope of Insurance
Coverage shall be at least as broad as:
1. Insurance Services Office Commercial General Liability coverage "occurrence" form
number CG 0001 (Edition 11/85) or Insurance Services Office form number GL 0002
(Edition 1/73) covering Comprehensive General Liability and Insurance Services Office
form number GL 0404 covering Broad Form Comprehensive General Liability.
2. Insurance Services Office Business Auto Coverage form number CA 0001
0187 covering Automobile Liability, code 1 "any auto" and endorsement CA
0029 1288 Changes in Business Auto and Truckers Coverage forms -
Insured Contract.
3. Workers' Compensation insurance as required by the Labor Code of the State of
California and Employers Liability insurance.
2. Minimum Limits of Insurance
Coverage limits shall be no less than:
a) General Liability: $1,000,000.00 combined single limit per occurrence for bodily injury,
personal injury and property damage. If Commercial Liability Insurance or other form
with a general aggregate limit is used, either the general aggregate limit shall apply
separately to this project/location or the general aggregate limit shall be twice the
required occurrence limit.
b) Automobile Liability: $1,000,000.00 combined single limit per accident for bodily injury
and property damage.
c) Workers' Compensation and Employers Liability: Workers' compensation limits as
required by the Labor Code of the State of California and Employers Liability.
3. Deductibles and Self- Insured Retentions
Any deductibles or self- insured retentions must be declared to and approved by City. At the
option of City, either: the insurer shall reduce or eliminate such deductibles or self- insured
retentions as respects City, its officers, officials, employees and volunteers; or Contractor
shall procure a bond guaranteeing payment of losses and related investigations, claim
administration and defense expenses.
PAGE 11
4. Other Insurance Provisions
The policies are to contain, or be endorsed to contain, the following provisions:
a) General Liability and Automobile Liability Coverages
City, its officers, officials, employees and volunteers are to be covered as additional
insureds as respects: liability arising out of activities performed by or on behalf of
Contractor, including the insured's general supervision of Contractor; products and
completed operations of Contractor; premises owned, occupied or used by
Contractor; or automobiles owned, leased, hired or borrowed by Contractor. The
coverage shall contain no special limitations on the scope of protection afforded to
City, its officers, officials, employees or volunteers.
ii. Contractor's insurance coverage shall be primary insurance and /or primary source of
recovery as respects City, its officers, officials, employees and volunteers. Any
insurance or self- insurance maintained by City, its officers, officials, employees and
volunteers shall be excess of the Contractor's insurance and shall not contribute with
it.
iii. Any failure to comply with reporting provisions of the policies shall not affect
coverage provided to City, its officers, officials, employees and volunteers.
iv. Contractor's insurance shall apply separately to each insured against whom claim is
made or suit is brought, except with respect to the limits of the insurer's liability.
v. The insurance afforded by the policy for contractual liability shall include liability
assumed by contractor under the indemnification /hold harmless provision contained
in this Contract.
b) Workers' Compensation and Employers Liability Coverage
The insurer shall agree to waive all rights of subrogation against City, its officers,
officials, employees and volunteers for losses arising from work performed by
Contractor for City.
c) All Coverages
Each insurance policy required by this clause shall be endorsed to state that
coverage shall not be suspended, voided, canceled, rescinded by either party,
reduced in coverage or in limits except after thirty (30) days' prior written notice by
certified mail, return receipt requested, has been given to City.
5. Acts of God
Pursuant to Public Contract Code Section 7105, Contractor shall not be responsible for the
repairing and restoring damage to Work, when damage is determined to have been
proximately caused by an Act of God, in excess of 5 percent of the Contract
PAGE 12
• 0
amount provided that the Work damaged is built in accordance with the plans and
specifications.
6. Right to Stop Work for Non - Compliance
City shall have the right to offer the Contractor to stop Work under this Agreement and /or
withhold any payment(s) which become due to Contractor hereunder until Contractor
demonstrates compliance with the requirements of this article.
H. RESPONSIBILITY FOR DAMAGES OR INJURY
1. City and all officers, employees and representatives thereof shall not be responsible in any
manner: for any loss or damages that may happen to the Work or any part thereof; for any
loss or damage to any of the materials or other things used or employed in performing the
Work, for injury to or death of any person either workers or the public; or for damage to
property from any cause arising from the construction of the work by Contractor, or its
subcontractors, or its workers, or anyone employed by it.
2. Contractor shall be responsible for any liability imposed by law and for injuries to or death of
any person or damage to property resulting from defects, obstructions or from any cause
arising from Contractor's work on the Project, or the work of any subcontractor or supplier
selected by the Contractor.
3. Contractor shall indemnify, hold harmless, and defend City, its officers and employees from
and against (1) any and all loss, damages, liability, claims, allegations of liability, suits, costs
and expenses for damages of any nature whatsoever, including, but not limited to, bodily
injury, death, personal injury, property damages, or any other claims arising from any and all
acts or omissions of Contractor, its employees, agents or subcontractors in the performance
of services or work conducted or performed pursuant to this Contract; (2) use of improper
materials in construction of the Work; or, (3) any and all claims asserted by Contractor's
subcontractors or suppliers on the project, and shall include reasonable attorneys' fees and all
other costs incurred in defending any such claim. Contractor shall not be required to
indemnify City from the sole or active negligence or willful misconduct of City, its officers or
employees.
4. To the extent authorized by law, as much of the money due Contractor under and by virtue of
the Contract as shall be considered necessary by City may be retained by it until disposition
has been made of such suits or claims for damages as aforesaid.
5. Nothing in this article, nor any other portion of the Contract Documents shall be construed as
authorizing any award of attorneys' fees in any action to enforce the terms of this Contract,
except to the extent provided for in H.3, above.
6. The rights and obligations set forth in this Article shall survive the termination of this Contract.
EFFECT OF CONTRACTOR'S EXECUTION Execution of this Contract and all other Contract
Documents by Contractor is a representation that Contractor has visited the Project Site, has
become familiar with the local conditions under which the work is to be performed, and has
correlated all relevant observations with the requirements of the Contract Documents.
• • PAGE 13
J. CONFLICT If there is a conflict between provisions of this Contract and any other Contract
Document, the provisions of this Contract shall prevail.
K. WAIVER A waiver by City or any term, covenant, or condition in the Contract Documents
shall not be deemed to be a waiver of any subsequent breach of the same or any other term,
covenant or condition.
IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed
CITY ATTORNEY
R. J. NOBLE COMPANY
onzed Signature and Title
JIM GRACE, PRESIDENT
State of CALIFORNIA
County of ORANGE
OnJund 21, 1999 before me, M.A. GROSKOPF
(DATE) INAMUTITLE OF OFFICER-i.e'JANE DOE. NOTARY PUBLIC-1
personally appeared JIM GRACE, PRESIDENT
(NAMES) OF SIGNER(S)I
J. NOBLE COMPANY
personally known to me -OR- ❑
( +Y- COMM. « I I 01
C cn r cr ,7�
\15- ! MV CcI:m Ex
proved to me on the
basis of satisfactory
evidence to be the
person(s) whose name(s)
is /are subscribed to the
within instrument and
acknowledged to me that
he /she /they executed the
same in his /her /their
authorized capacity(ies),
and that by his /her /their
signature(s) on the
instrument the person(s),
or the entity upon behalf
of which the person(s)
acted, executed the
instrument.
Witness my hand and official seal.
(SEAL) ,
ATTENTION NOTARY
The information requested below and in the column to the right is OPTIONAL.
Recording of this document is not required by law and is also optional.
It could, however, prevent fraudulent attachment of this certificate to any
unauthorized document.
THIS CERTIFICATE Title or Type of Document
MUST BE ATTACHED
TO THE DOCUMENT Numberof Pages Date of Document
DESCRIBED AT RIGHT:
Signer(s) Other Than Named Above
WOLCOTTS FORM 80240 Rev. 0.94 (price class 8-2A) 01994 WOLCOTTS FORMS. INC.
ALL PURPOSE ACKNOWLEDGMENT WITH SIGNER CAPACITY/REPRESENTATIONITWO FINGERPRINTS
RIGHT THUMBPRINT (Optional)
'o
CAPACITY CLAIMED BY SIGNERiS)
OINDIVIDUALIS)
X- XCORPORATE
OFFICERIS)
MILES,
(3PARTNER(S) OLIMITED
❑GENERAL
OATTORNEY IN FACT
OTRUSTEE(S)
O G U ARDIA N /CONSERVATOR
OOTHER:
SIGNER IS REPRESENTING:
(14 ma of PersoMo) or Entity0ein
R. J. NOBLE COMPANY
RIGHT THUMBPRINT (Optional)
3
0
CAPACITY CLAIMED BY SIGNER(S)
OINDIVIDUAL(S)
OCORPORATE
OFFICERISI
(TITLESI
❑PARTNEMS) ❑LIMITED
❑GENERAL
OATTORNEY IN FACT
OTRUSTEE(S)
O G U ARD IA N /CONSERVATOR
OOTHER:
SIGNER IS REPRESENTING:
Warns of Per,onlsl or EntilY(ia F)
i a0+
7 III�IIIIIIIII 111 I II II III B
7775 63240
Anna '
0 CITY OF NEWPORT BISCH
NOTICE INVITING BIDS
CITY CLERK
Of", 6'3 C C- G: � 1
Sealed bids may be received at the office of the City Clerk,
3300 Newport Boulevard, P.O. Box 1768
Newport Beach, CA 92658 -8915
until 11:00 a.m. on the 27th day of May 1999,
at which time such bids shall be opened and read for
SAN JOAQUIN HILLS ROAD REHABILITATION FROM
JAMBOREE ROAD TO MACARTHUR BOULEVARD
(STPLMA -5151 (008))
and
MACARTHUR BOULEVARD TO MARGUERITE AVENUE
(STPLMA- 5151 - (009))
Title of Projects
Contract No. 3170
$1.500.000
Engineer's Estimate
Approved by
(c1 ak.o P
William Patapo F
City Engineer
Prospective bidders may obtain one set of bid documents at no cost at the
office of the Public Works Department, 3300 Newport Boulevard, P. O. Box
1768, Newport Beach, CA 92658 -8915.
For further information, call Fong Tse, Project Manager at (949) 644 -3340.
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
SAN JOAQUIN HILLS ROAD REHABILITATION
CONTRACT NO. 3170
TABLE OF CONTENTS
NOTICE INVITING BIDS ................................................ ............................... ..........................Cover
INSTRUCTIONS TO BIDDERS ...................................................................... ...............................
1
BIDDER'S BOND ............................................................................................. ...............................
3
DESIGNATION OF SUBCONTRACTOR( S) ................................................... ...............................
4
TECHNICAL ABILITY AND EXPERIENCE REFERENCES ........................... ...............................
5
NON - COLLUSION AFFIDAVIT ....................................................................... ...............................
6
NOTICE TO SUCCESSFUL BIDDER ............................................................ ...............................
7
CONTRACT.................................................................................................... ...............................
8
LABOR AND MATERIALS BOND ................................................................. ...............................
14
FAITHFUL PERFORMANCE BOND ............................................................. ...............................
16
FEDERAL LOBBYING RESTRICTIONS ....................................................... ...............................
18
DISADVANTAGED BUSINESS ..................................................................... ...............................
18
DBE GOAL FOR THIS PROJECT ................................................................. ...............................
20
SUBMISSION OF DBE INFORMATION ....................................................... ...............................
20
AWARDOF CONTRACT .............................................................................. ...............................
22
BUY AMERICA REQUIREMENTS ................................................................ ...............................
22
FEDERAL REQUIREMENTS FOR FEDERAL -AID CONSTRUCTION PROJECTS ..................
23
REQUIRED CONTRACT PROVISIONS FOR FEDERAL -AID
CONSTRUCTION CONTRACTS .................................................................. ...............................
25
EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION ........................ ...............................
37
DEBARMENT AND SUSPENSION CERTIFICATION ................................. ...............................
38
NONLOBBYING CERTIFICATION FOR FEDERAL -AID CONTRACTS ..... ...............................
39
DISCLOSURE OF LOBBYING ACTIVITIES ................................................ ...............................
40
DBERECORDS ............................................................................................ ...............................
42
PERFORMANCE OF DBE SUBCONTRACTORS AND SUPPLIERS ........ ............................... 43
LOCAL AGENCY BIDDER -DBE INFORMATION ........................................ ............................... 44
PROPOSAL............................................................................................... ............................... PR -1
SPECIALPROVISIONS ............................................................................ ............................... SP -1
PROJECT INFORMATION SIGNS (OCTA Exhibit 15)
FEDERAL PREVAILING WAGE RATES ........................................... ............................... Appendix
0 0
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
SAN JOAQUIN HILLS ROAD REHABILITATION
CONTRACT NO. 3170
INSTRUCTIONS TO BIDDERS
PAGE 1
1. The following documents shall be completed, executed and received by the City Clerk in accordance
with NOTICE INVITING BIDS:
INSTRUCTIONS TO BIDDERS
Page
1
BIDDER'S BOND
Page
3
DESIGNATION OF SUBCONTRACTORS
Page
4
TECHNICAL ABILITY AND EXPERIENCE REFERENCES
Page
5
NON - COLLUSION AFFIDAVIT
Page
6
FEDERAL REQUIREMENTS FOR FEDERAL -AID CONSTRUCTION PROJECTS
Page
23
EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION
Page
37
DEBARMENT AND SUSPENSION CERTIFICATION
Page
38
NONLOBBYING CERTIFICATION FOR FEDERAL -AID CONTRACTS
Page
39
DISCLOSURE OF LOBBYING ACTIVITIES
Page
40
LOCAL AGENCY BIDDER -DBE INFORMATION
Page
44
PROPOSAL
Page
P -1
2. Cash, certified check or cashier's check (sum not less than 10% of the total bid price) may be
received in lieu of the BIDDER'S BOND. The title of the project and the words "Sealed Bid" shall be
clearly marked on the outside of the envelope containing the documents.
3. The City of Newport Beach will not permit a substitute format for the Contract Documents listed
above. Bidders are advised to review their content with bonding and legal agents prior to submission
of bid.
4. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized by
the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed
as an acceptable surety in the latest revision of the Federal Register Circular 570.
5. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow
the comparison of total bid prices.
6. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit
price submitted by the bidder. In the event of discrepancy between wording and figures, bid wording
shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit
price, the correct multiplication will be computed and the bids will be compared with correctly
multiplied totals. The City shall not be held responsible for bidder errors and omissions in the
PROPOSAL.
The City of Newport Beach reserves the right to reject any or all bids and to waive any minor
irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at the
request and expense of the Contractor, securities shall be permitted in substitution of money withheld
by the City to ensure performance under the contract. The securities shall be deposited in a state or
federal chartered bank in California, as the escrow agent.
PAGE
8. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial
Relations has ascertained the general prevailing rate of per diem wages in the locality in which the
work is to be performed for each craft, classification, or type of workman or mechanic needed to
execute the contract. A copy of said determination is available in the office of the City Clerk. All
parties to the contract shall be governed by all provisions of the California Labor Code relating to
prevailing wage rates (Sections 1770 -7981 inclusive).
9. The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5 of the
Labor Code Apprenticeship requirements and Section 4100 et seq. of the Public Contracts Code,
"Subletting and Subcontracting Fair Practices Act ".
10. All documents shall bear signatures and titles of persons authorized to sign on behalf of the bidder.
For corporations, the signatures shall be of a corporate officer or an individual authorized by the
corporation. For partnerships, the signatures shall be of a general partner. For sole ownership, the
signature shall be of the owner.
The signature below represents that the above has been reviewed.
A- 121735 A
Contractor's License No. & Classification
R. J. NOBLE COMPANY
Bidder
Lt -t..__
Authori e ignature/Title
JIM _'ACE, PRESIDENT
MAY 23,1999
Date
ADDENDUM NO. 1 - DATED 5/18/99
PAGE 3
SEE ENCLOSED BID BOND• •
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
SAN JOAQUIN HILLS ROAD REHABILITATION
CONTRACT NO. 3170
BIDDER'S BOND
We, the undersigned Principal and Surety, our successors and assigns, executors, heirs and
administrators, agree to be jointly and severally held and firmly bound to the City of Newport Beach, a
charter city, in the principal sum of
dollars ($ ), to be paid and forfeited to the City of Newport Beach if the bid proposal of the
undersigned Principal for the construction of San Joaquin Hills Road Rehabilitation, Contract No. 3170
in the City of Newport Beach, is accepted by the City Council of the City of Newport Beach and the
proposed contract is awarded to the Principal, and the Principal fails to duly enter into and execute the
Contract Documents for the construction of the project in the form required within ten days (10) (not
including Saturday, Sunday, and federal holidays) after the date of the mailing of Notice of Award;
otherwise this obligation shall become null and void.
If the undersigned Principal executing this Bond is executing this Bond as an individual, it is
agreed that the death of any such Principal shall not exonerate the Surety from its obligations under
this Bond.
Witness our hands this day of , 19
Name of Contractor (Principal)
Name of Surety
Address of Surety
Telephone
Authorized Signature/Title
Authorized Agent Signature
Print Name and Title
(Notary acknowledgment of Principal & Surety must be attached)
• • PAGE 4
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
SAN JOAQUIN HILLS ROAD REHABILITATION
CONTRACT NO. 3170
DESIGNATION OF SUBCONTRACTOR(S}
State law requires the listing of all subcontractors who will perform work in an amount in excess of
one -half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor
represents that he /she is fully qualified to and will be responsible for performing that portion of the work.
Substitution of subcontractors shall be made only in accordance with State law and /or the Standard
Specifications for Public Works Construction, as applicable.
Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for any
monies to be withheld to ensure performance under the Contract.
The Bidder, by signing this designation, certifies that bids from the following subcontractors have
been used in formulating the bid for the project and that these subcontractors will be used subject to the
approval of the Engineer and in accordance with State law. No changes may be made in these
subcontractors except with prior approval of the City of Newport Beach.
Subcontract Work Subcontractor Address
1. Concrete
RESLUE CONSTRUCTION
1940 N.
Tustin Ave. St.107,0range
2. Electrical
SMITHSON ELECTRIC
1938 E.
Katella, Orange 92867
3. Manholes
RAMIREZ CONSTRUCTION
20815 Currier Rd. Walnut 91789
4. Milling
PAVEMENT RECYCLING SYSTEMS
PO BOX
1266 Riverside 92502
5. Striping
ORANGE COUNTY STRIPING
183 N.
Pixley Orange 92868
6.
Q
Q
10.
R. J. NOBLE COMPANY
Bidder
JIM GRACE, PRESIDENT
PAGE 5
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
SAN JOAQUIN HILLS ROAD REHABILITATION
CONTRACT NO. 3170
TECHNICAL ABILITY AND EXPERIENCE REFERENCES
The undersigned submits herewith a statement of the work of similar character to that proposed
herein which he /she has performed and successfully completed.
Year
Project
Person
Telephone
Completed
Name /Agency
To Contact
Number
3/99
CALTRANS
ALI SOLEHJOU
714 -556 -9416
PROJECT NO. ST 216, LAGUNA BEACH
3/99
CALTRANS ALI SOLEHJOU
714 -556 -0416
CONST. ON STATE
HIGHWAY IN ORANGE COUNTY,
LAGUNA BEACH
11/98 CITY OF BUENA PARK NABIL
VALLEY VIEW REHAB., CAB LERO 0 ARTESIA, BUE
R. J. NOBLE COMPANY
Bidder u orized Signature/Title
JIM GRACE, PRESIDENT
FROM NYES PLACE TO MYRTLE ST., LAGUNA BEACH
1/99
CITY OF LAGUNA BEACH JOE CHIQUETE
714- 497 -3311
OCEAN VISTA /WESLEY PLACE, 1997/98 RESURFACING, LAGUNA BEACH
1/99
CITY OF LA PALMA ISMILE NOORBAKSH
714 -523 -7700
PAVEMENT REHAB. OF RESIDENTIAL STREETS
PROJECT NO. ST 216, LAGUNA BEACH
3/99
CALTRANS ALI SOLEHJOU
714 -556 -0416
FOREST AVENUE TO FOURT 115, LAGUNA BEACH
& IRVINE AREAS
3/99
CITY OF FULLERTON RON BOWERS
714 - 7386322
RESIDENTIAL STREET RECONSTRUCTION, FULLERTON
4/99
CITY OF SANTA ANA BILL ALBRIGHT
714 -565 -4028
17th ST. REHAB., BROADWAY TO BRISTOL, &
BAKER ST. REHAB.
17th ST. TO SANTIAGO CREEK, SANTA ANA
11/98 CITY OF BUENA PARK NABIL
VALLEY VIEW REHAB., CAB LERO 0 ARTESIA, BUE
R. J. NOBLE COMPANY
Bidder u orized Signature/Title
JIM GRACE, PRESIDENT
•
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
SAN JOAQUIN HILLS ROAD REHABILITATION
CONTRACT NO. 3170
NON - COLLUSION AFFIDAVIT
State of California )
) ss.
County of ORANGE )
PAGE 6
JIM GRACE being first duly sworn, deposes and says that he or she is
VICE PRESIDENT of R. J. NOBLE COMPANY the party making the
foregoing bid; that the bid is not made in the interest of, or on
partnership, company, association, organization, or corporation; that
behalf of, any undisclosed person,
the
or sham; that party making the foregoing bid; that the bid is not made i
nbid is genuine and not collusive
the interest of, or on behalf of,
any undisclosed person, partnership, company, association, organization, or corporation; that the bid is
genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any
other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived,
or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding;
that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or
conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit,
or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the
public body awarding the contract of anyone interested in the proposed contract, that all statements
contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or
her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative
thereto, or paid, and will not pay, any fee to any corporation, partnership, company association,
organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid.
I declare under penalty of perjury of the laws of the State of California that the foregoing is true and
correct.
R. J. NOBLE COMPANY c t G�Lt-
Bidder Aut riz d Signature(Title
M GRACE, PRESIDENT
Subscribed and sworn to before me this 27 t8ay of May 19 99
Y;% 0, �-
Notary Public
-t
CONdd, #i 130199
NOTASY P'Jj)UC- 6AUFOP,1¢1A
nrnr! ^n Chu ":TY
[SEAL]
My Commission Expires: 4/21/2001
PAGE 18
•
FEDERAL LOBBYING RESTRICTIONS
Section 1352, Title 1352, Title 31, United States Code prohibits Federal funds from being
expended by the recipient or any lower tier subrecipient of a Federal -aid contract to pay for
any person for influencing or attempting to influence a Federal agency or Congress in
connection with the awarding of any Federal -aid contract, the making of any Federal grant or
loan, or the entering into of any cooperative agreement.
If any funds other than Federal funds have been paid for the same purposes in connection
with this Federal -aid contract, the recipient shall submit an executed certification and, if
required, submit a completed disclosure form as part of the bid documents.
A certification for Federal -aid contracts regarding payment of funds to lobby Congress or a
Federal agency is included in the Proposal. Standard Form - LLL, "Disclosure of Lobbying
Activities," with instructions for completion of the Standard Form is also included in the
Proposal. Signing the Proposal shall constitute signature of the Certification.
The above referenced certification and disclosure of lobbying activities shall be included in
each subcontract and any lower -tier contracts exceeding $100,000. All disclosure forms, but
not certifications, shall be forwarded from tier to tier until received by the Engineer.
The Contractor, subcontractors and any lower -tier contractors shall file a disclosure form at the
end of each calendar quarter in which there occurs any event that requires disclosure or that
materially affects the accuracy of the information contained in any disclosure form previously
filed by the Contractor, subcontractors and any lower -tier contractors. An event that materially
affects the accuracy of the information reported includes:
(1) A cumulative increase if $25,000 or more in the amount paid or expected to be paid for
influencing or attempting to influence a covered Federal action; or
(2) A change in the person(s) or individual(s) influencing or attempting to influence a
covered Federal action; or
(3) A change in the officer(s), employees(s), or Member(s) contacted to influence or
attempt to influence a covered Federal Action.
DISADVANTAGED BUSINESS
This project is subject to Part 23, Title 49, Code of Federal Regulations entitled "Participation
By Minority Business Enterprise In Department of Transportation Programs." The Regulations
in their entirety are incorporated herein by this reference.
Bidders shall be fully informed respecting the requirements of the Regulations and the
Department's Disadvantaged business (DBE) program developed pursuant to the Regulations;
particular attention is directed to the following matters:
(a) A DBE must be a small business concern as defined pursuant to Section 3 of U.S.
Small Business Act and relevant regulations promulgated pursuant thereto;
(b) A DBE bidder, not bidding as a joint venture with a non -DBE, will be required to meet
the DBE goal through subcontracting or material purchases or make good faith effort to do so;
0 •
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
SAN JOAQUIN HILLS ROAD REHABILITATION
CONTRACT NO. 3170
NOTICE TO SUCCESSFUL BIDDER
PAGE 7
The following Contract Documents shall be executed and delivered to the Engineer within ten (10)
days (not including Saturday, Sunday and Federal holidays) after the date of receipt of Notice of Award to
the successful bidder:
• CONTRACT
• LABOR AND MATERIALS PAYMENT BOND
• FAITHFUL PERFORMANCE BOND
• CERTIFICATE(S) OF INSURANCE
• GENERAL LIABILITY INSURANCE ENDORSEMENT
• AUTOMOBILE LIABILITY INSURANCE ENDORSEMENT
The City of Newport Beach will not permit a substitute format for these Contract Documents.
Bidders are advised to review their content with bonding, insuring and legal agents prior to submission of
bid.
The Labor and Materials Payment Bond and Faithful Performance Bond shall be issued by an
insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact
business of insurance in the State of California, and (2) listed as an acceptable surety in the latest
revision of the Federal Register Circular 570.
Pursuant to Public Contract Code Section 22300, appropriate securities may be substituted for
any monies to be withheld to ensure performance under the Contract
Insurance companies affording coverage shall be (1) currently authorized by the Insurance
Commissioner to transact business of insurance in the State of California, and (2) assigned Policyholders'
Rating A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition
of Best's Key Rating Guide: Property - Casualty. Coverages shall be provided as specified in the Standard
Specifications for Public Works Construction, except as modified by the Special Provisions. Certificates
of Insurance and additional insured endorsements shall be on the insurance company's forms, fully
executed and delivered with the Contract. The Notice to Proceed will not be issued until all contract
documents have been received and approved by the City.
PAGE
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
SAN JOAQUIN HILLS ROAD REHABILITATION
CONTRACT NO. 3170
CONTRACT
THIS AGREEMENT, entered into this 14th day of June, 1999, by and between the CITY OF
NEWPORT BEACH, hereinafter "City," and R. J. Noble Company, hereinafter "Contractor," is made with
reference to the following facts:
WHEREAS, City has advertised for bids for the following described public work:
SAN JOAQUIN HILLS ROAD REHABILITATION
Project Description
3170
Contract No.
WHEREAS, Contractor has been determined by City to be the lowest responsible bidder and
Contractor's bid, and the compensation set forth in this Contract, is based upon Contractor's careful
examination of all Contract documents, plans and specifications.
NOW, THEREFORE, City and Contractor agree as follows:
A. CONTRACT DOCUMENTS The complete Contract for the Project includes all of the following
documents: Notice Inviting Bids, Instructions to Bidders, Proposal, Bidder's Bond, Non - Collusion
Affidavit, Faithful Performance Bond, Labor and Materials Payment Bond, Permits, General
Conditions, Standard Special Provisions and Standard Drawings, Plans and Special Provisions for
Contract No. 3170, Standard Specifications for Public Works Construction (current adopted
edition and all supplements) and this Agreement, and all modifications and amendments thereto
(collectively the "Contract Documents'). The Contract Documents comprise the sole agreement
between the parties as to the subject matter therein. Any representations or agreements not
specifically contained in the Contract Documents are null and void. Any amendments must be
made in writing, and signed by both parties in the manner specified in the Contract Documents.
B. SCOPE OF WORK Contractor shall perform everything required to be performed, and shall
provide and furnish all the labor, materials, necessary tools, expendable equipment and all utility
and transportation services required for the Project:
All of the work to be performed and materials to be furnished shall be in strict accordance with the
provisions of the Contract Documents. Contractor is required to perform all activities, at no extra
cost to City which are reasonably inferable from the Contract Documents as being necessary to
produce the intended results.
• • PAGE 9
C. COMPENSATION As full compensation for the performance and completion of the Project as
required by the Contract Documents, City shall pay to Contractor and Contractor accepts as full
payment the sum of One Million Two Hundred Ninety Seven Thousand Four Hundred Fifty
Nine Dollars ($ 1,297,459.00).
This compensation includes:
(1) Any loss or damage arising from the nature of the work,
(2) Any loss or damage arising from any unforeseen difficulties or obstructions in the performance
of the work,
(3) Any expense incurred as a result of any suspension or discontinuance of the work, but
excludes any loss resulting from earthquakes of a magnitude in excess of 3.5 on the Richter
Scale and tidal waves, and which loss or expense occurs prior to acceptance of the work by
City.
D. NOTICE OF CLAIMS Unless a shorter time is specified elsewhere in this Contract, before making
its final request for payment under the Contract Documents, Contractor shall submit to City, in
writing, all claims for compensation under or arising out of this Contract. Contractor's acceptance
of the final payment shall constitute a waiver of all claims for compensation under or arising out of
this Contract except those previously made in writing and identified by Contractor in writing as
unsettled at the time of its final request for payment.
E. WRITTEN NOTICE Any written notice required to be given under the Contract Documents shall
be performed by depositing the same in the U.S. Mail, postage prepaid, directed to the address of
Contractor and to City, addressed as follows:
CITY
City of Newport Beach
Public Works Department
3300 Newport Boulevard
Newport Beach, CA 92663
Attention: Fong Tse
(949) 644 -3340
F. LABOR CODE 3700 LIABILITY INSURANCE
certifies:
CONTRACTOR
R. J. Noble Company
15505 E. Lincoln Avenue
Orange, CA 92865
714 -637 -1550
Contractor, by executing this Contract, hereby
"I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to
be insured against liability for Workers' Compensation or undertake self- insurance in accordance
with the provisions of the Code, and I will comply with such provisions before commencing the
performance of the work of this Contract."
G. INSURANCE
Insurance is to be placed with insurers with a Best's rating of no less than A:VII and insurers
must be a California Admitted Insurance Company.
Contractor shall furnish City with certificates of insurance and with original endorsements
effecting coverage required by this Contract. The certificates and endorsements for each
insurance policy are to be signed by a person authorized by that
PAGE 10
• •
insurer to bind coverage on its behalf. All certificates and endorsements are to be received and
approved by City before work commences. City reserves the right to require complete, certified
copies of all required insurance policies, at any time.
Contractor shall procure and maintain for the duration of the contract insurance against claims
for injuries to persons or damages to property which may arise from or in connection with the
performance of the work hereunder by Contractor, his agents, representatives, employees or
subcontractors. The cost of such insurance shall be included in Contractor's bid.
1. Minimum Scope of Insurance
Coverage shall be at least as broad as:
1. Insurance Services Office Commercial General Liability coverage "occurrence" form
number CG 0001 (Edition 11/85) or Insurance Services Office form number GL 0002
(Edition 1/73) covering Comprehensive General Liability and Insurance Services Office
form number GL 0404 covering Broad Form Comprehensive General Liability.
2. Insurance Services Office Business Auto Coverage form number CA 0001
0187 covering Automobile Liability, code 1 "any auto" and endorsement CA
0029 1288 Changes in Business Auto and Truckers Coverage forms -
Insured Contract.
3. Workers' Compensation insurance as required by the Labor Code of the State of
California and Employers Liability insurance.
2. Minimum Limits of Insurance
Coverage limits shall be no less than
a) General Liability: $1,000,000.00 combined single limit per occurrence for bodily injury,
personal injury and property damage. If Commercial Liability Insurance or other form
with a general aggregate limit is used, either the general aggregate limit shall apply
separately to this project/location or the general aggregate limit shall be twice the
required occurrence limit.
b) Automobile Liability: $1,000,000.00 combined single limit per accident for bodily injury
and property damage.
c) Workers' Compensation and Employers Liability: Workers' compensation limits as
required by the Labor Code of the State of California and Employers Liability.
3. Deductibles and Self- Insured Retentions
Any deductibles or self- insured retentions must be declared to and approved by City. At the
option of City, either: the insurer shall reduce or eliminate such deductibles or self- insured
retentions as respects City, its officers, officials, employees and volunteers; or Contractor
shall procure a bond guaranteeing payment of losses and related investigations, claim
administration and defense expenses.
PAGE 11
4. Other Insurance Provisions
The policies are to contain, or be endorsed to contain, the following provisions:
a) General Liability and Automobile Liability Coverages
City, its officers, officials, employees and volunteers are to be covered as additional
insureds as respects: liability arising out of activities performed by or on behalf of
Contractor, including the insured's general supervision of Contractor; products and
completed operations of Contractor; premises owned, occupied or used by
Contractor; or automobiles owned, leased, hired or borrowed by Contractor. The
coverage shall contain no special limitations on the scope of protection afforded to
City, its officers, officials, employees or volunteers.
ii. Contractor's insurance coverage shall be primary insurance and /or primary source of
recovery as respects City, its officers, officials, employees and volunteers. Any
insurance or self- insurance maintained by City, its officers, officials, employees and
volunteers shall be excess of the Contractor's insurance and shall not contribute with
it.
iii. Any failure to comply with reporting provisions of the policies shall not affect
coverage provided to City, its officers, officials, employees and volunteers.
iv. Contractor's insurance shall apply separately to each insured against whom claim is
made or suit is brought, except with respect to the limits of the insurer's liability.
v. The insurance afforded by the policy for contractual liability shall include liability
assumed by contractor under the indemnification /hold harmless provision contained
in this Contract.
b) Workers' Compensation and Employers Liability Coverage
The insurer shall agree to waive all rights of subrogation against City, its officers,
officials, employees and volunteers for losses arising from work performed by
Contractor for City.
c) All Coverages
Each insurance policy required by this clause shall be endorsed to state that
coverage shall not be suspended, voided, canceled, rescinded by either party,
reduced in coverage or in limits except after thirty (30) days' prior written notice by
certified mail, return receipt requested, has been given to City.
5. Acts of God
Pursuant to Public Contract Code Section 7105, Contractor shall not be responsible for the
repairing and restoring damage to Work, when damage is determined to have been
proximately caused by an Act of God, in excess of 5 percent of the Contract
PAGE 12
amount provided that the Work damaged is built in accordance with the plans and
specifications.
6. Right to Stop Work for Non - Compliance
City shall have the right to offer the Contractor to stop Work under this Agreement and /or
withhold any payment(s) which become due to Contractor hereunder until Contractor
demonstrates compliance with the requirements of this article.
H. RESPONSIBILITY FOR DAMAGES OR INJURY
1. City and all officers, employees and representatives thereof shall not be responsible in any
manner: for any loss or damages that may happen to the Work or any part thereof; for any
loss or damage to any of the materials or other things used or employed in performing the
Work, for injury to or death of any person either workers or the public; or for damage to
property from any cause arising from the construction of the work by Contractor, or its
subcontractors, or its workers, or anyone employed by it.
2. Contractor shall be responsible for any liability imposed by law and for injuries to or death of
any person or damage to property resulting from defects, obstructions or from any cause
arising from Contractor's work on the Project, or the work of any subcontractor or supplier
selected by the Contractor.
3. Contractor shall indemnify, hold harmless, and defend City, its officers and employees from
and against (1) any and all loss, damages, liability, claims, allegations of liability, suits, costs
and expenses for damages of any nature whatsoever, including, but not limited to, bodily
injury, death, personal injury, property damages, or any other claims arising from any and all
acts or omissions of Contractor, its employees, agents or subcontractors in the performance
of services or work conducted or performed pursuant to this Contract; (2) use of improper
materials in construction of the Work; or, (3) any and all claims asserted by Contractor's
subcontractors or suppliers on the project, and shall include reasonable attorneys' fees and all
other costs incurred in defending any such claim. Contractor shall not be required to
indemnify City from the sole or active negligence or willful misconduct of City, its officers or
employees.
4. To the extent authorized by law, as much of the money due Contractor under and by virtue of
the Contract as shall be considered necessary by City may be retained by it until disposition
has been made of such suits or claims for damages as aforesaid.
5. Nothing in this article, nor any other portion of the Contract Documents shall be construed as
authorizing any award of attorneys' fees in any action to enforce the terms of this Contract,
except to the extent provided for in H.3, above.
6. The rights and obligations set forth in this Article shall survive the termination of this Contract.
I. EFFECT OF CONTRACTOR'S EXECUTION Execution of this Contract and all other Contract
Documents by Contractor is a representation that Contractor has visited the Project Site, has
become familiar with the local conditions under which the work is to be performed, and has
correlated all relevant observations with the requirements of the Contract Documents.
• • PAGE 13
J. CONFLICT If there is a conflict between provisions of this Contract and any other Contract
Document, the provisions of this Contract shall prevail.
K. WAIVER A waiver by City or any term, covenant, or condition in the Contract Documents
shall not be deemed to be a waiver of any subsequent breach of the same or any other term,
covenant or condition.
IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed
the day and year first written above.
ATTEST:
CITY OF NEWPORT BEACH
A Municip I Corporation
By: `ii� & a�
Dennis D. O'Neil, Mayor
R. J. NOBLE COMPANY
A orized ignature and Title
JIM GRACE, PRESIDENT
State of CALIFORNIA
County of ORANGE
OnJund 21, 1999 before me, M.A. GROSKOPF
(DATE) (NAMErrITLE OF OFFICER- i.e.'JANE DOE, NOTARY PUBLIC'(
personally appeared JIM GRACE, PRESIDENT
(NAMEISI OF SIGNERISII
OF R. J. NOBLE COMPANY
personally known to me -OR- ❑
proved to me on the
basis of satisfactory
evidence to be the
person(s) whose name(s)
is /are subscribed to the
within instrument and
acknowledged to me that
he /she /they executed the
same in his /her /their
authorized capacity(ies),
and that by his /her /their
signature(s) on the
instrument the person(s),
or the entity upon behalf
of which the person(s)
acted, executed the
instrument.
Witness my hand and official seal
(SEALI
ATTENTION NOTARY
The information requested below and in the column to the right is OPTIONAL.
Recording of this document is not required by law and is also optional.
It could, however, prevent fraudulent attachment of this certificate to any
unauthorized document.
THIS CERTIFICATE Trtk or Type of Document
MUST BE ATTACHED
TO THE DOCUMENT Number of Pages Date of Document
DESCRIBED AT RIGHT:
Slgnerls) Other Than Named Above
WOLCOTTS FORM 83740 Rev. 3.84 [price class 8 -7A) 01994 WOLCOTTS FORMS, INC.
ALL PURPOSE ACKNOWLEDGMENT WITH SIGNER CAPACITYIREPRESENTATION T O FINGERPRINTS
RIGHT THUMBPRINT (Optional)
3
0
0
CAPACITY CLAIMED BY SIGNERISI
DINDIVIDUALIS)
Y&CORPORATE
OFFICEMS)
DPARTNER(S) OLIMITED
❑GENERAL
❑ATTORNEY IN FACT
DTRUSTEEISI
❑GUARDIAN /CONSERVATOR
❑OTHER:
SIGNER IS REPRESENTING:
W ame of Peraonts) or Entity(ied
R. J. NOBLE COMPANY
RIGHT THUMBPRINT (Optional)
3
0
'o
CAPACITY CLAIMED BY SIGNERIS)
DINDIVIDUALiS)
❑CORPORATE
OFFICER(S)
ITITLESI
OPARTNERIS) ❑LIMITED
❑GENERAL
[)ATTORNEY IN FACT
DTRUSTEEISI
❑ GUARD IAN/CONSERVATOR
OOTHER:
SIGNER IS REPRESENTING:
(Name of Persontsl or Emity(iesl
7 67
775 63240
PAGE 18
FEDERAL LOBBYING RESTRICTIONS
Section 1352, Title 1352, Title 31, United States Code prohibits Federal funds from being
expended by the recipient or any lower tier subrecipient of a Federal -aid contract to pay for
any person for influencing or attempting to influence a Federal agency or Congress in
connection with the awarding of any Federal -aid contract, the making of any Federal grant or
loan, or the entering into of any cooperative agreement.
If any funds other than Federal funds have been paid for the same purposes in connection
with this Federal -aid contract, the recipient shall submit an executed certification and, if
required, submit a completed disclosure form as part of the bid documents.
A certification for Federal -aid contracts regarding payment of funds to lobby Congress or a
Federal agency is included in the Proposal. Standard Form - LLL, "Disclosure of Lobbying
Activities," with instructions for completion of the Standard Form is also included in the
Proposal. Signing the Proposal shall constitute signature of the Certification.
The above referenced certification and disclosure of lobbying activities shall be included in
each subcontract and any lower -tier contracts exceeding $100,000. All disclosure forms, but
not certifications, shall be forwarded from tier to tier until received by the Engineer.
The Contractor, subcontractors and any lower -tier contractors shall file a disclosure form at the
end of each calendar quarter in which there occurs any event that requires disclosure or that
materially affects the accuracy of the information contained in any disclosure form previously
filed by the Contractor, subcontractors and any lower -tier contractors. An event that materially
affects the accuracy of the information reported includes:
(1) A cumulative increase if $25,000 or more in the amount paid or expected to be paid for
influencing or attempting to influence a covered Federal action; or
(2) A change in the person(s) or individual(s) influencing or attempting to influence a
covered Federal action; or
(3) A change in the officer(s), employees(s), or Member(s) contacted to influence or
attempt to influence a covered Federal Action.
DISADVANTAGED BUSINESS
This project is subject to Part 23, Title 49, Code of Federal Regulations entitled "Participation
By Minority Business Enterprise In Department of Transportation Programs." The Regulations
in their entirety are incorporated herein by this reference.
Bidders shall be fully informed respecting the requirements of the Regulations and the
Department's Disadvantaged business (DBE) program developed pursuant to the Regulations;
particular attention is directed to the following matters:
(a) A DBE must be a small business concern as defined pursuant to Section 3 of U.S.
Small Business Act and relevant regulations promulgated pursuant thereto;
(b) A DBE bidder, not bidding as a joint venture with a non -DBE, will be required to meet
the DBE goal through subcontracting or material purchases or make good faith effort to do so;
PAGE 19
• •
(c) A DBE may participate as a subcontractor, joint venture partner with a prime or
subcontractor, or vendor of material or supplies;
(d) A DBE joint venture partner must be responsible for specific contract items of work, or
portions thereof. Responsibility means actually performing, managing and supervising the
work with its own forces. The DBE joint venture partner must share in the ownership, control,
management responsibilities, risks and profits of the joint venture. The DBE joint venturer
must submit the joint venture agreement, and either Schedule B of the Regulations or
California Department of Transportation Business Enterprise Program form entitled
"Minority /Disadvantaged/ Women Business Enterprise Joint Venture." This information must
be submitted with the DBE Information form required in "DBE Information" elsewhere in these
special provisions;
(e) A DBE must perform a commercially useful function, i.e., must be responsible for the
execution of a distinct element of the work and must carry out its responsibility by actually
performing, managing and supervising the work;
(f) Credit for a DBE vendor of materials or supplies is limited to 60 percent of the amount
to be paid to the vendor for the material unless the vendor manufactures or substantially alters
the goods;
(g) Credit for trucking by DBEs will be as follows:
(i) The amount to be paid when a DBE trucker will perform the trucking with his /her own
trucks, tractors and employees;
(ii) One hundred percent of the trucking costs will be allowed for all trucking acquired
through certified DBE trucking brokers;
(h) DBEs and DBE joint venture partners must be certified as of the date of bid opening
either by the California Department of Transportation, or by a participating State of California
or local agency which certifies in accordance with Title 49, Code of Federal Regulations, Part
23. Listings of DBEs certified by the Department are available from the following sources:
(i) The Department's DB/WBE Directory, which is published quarterly. The DB/WBE
Directory may be obtained from the Department of Transportation, Materiel Operations
Branch, Publication Distribution Unit, 1900 Royal Oaks Drive, Sacramento, California 95815,
Telephone: (916) 445 -3520;
(ii) The Department's Electronic Information Bulletin Board Service (DBfWBE /BBS), which
is accessible by modem and is updated weekly. The DB/WBE /BBS may be accessed by first
contacting the Department's Business Enterprise Program at Telephone: (916) 227 -8937 and
obtaining a user identification and password;
(iii) The organizations listed in "DBE Goal for this Project" elsewhere in these special
provisions.
(iv) The listing of certified DBE firms is also available on the Internet at the following
Internet address: http: / /www.dot.ca.gov /hq /bep/
It is the Contractor's responsibility to verify that DBEs are certified;
PAGE 20
• •
(i) Noncompliance by the Contractor with the requirements of the regulations constitutes a
breach of this contract and may result in termination of the contract or other appropriate
remedy for a breach of this contract;
(j) Bidders are encouraged to utilize services offered by banks owned and controlled by
minorities or women.
DBE GOAL FOR THIS PROJECT
The City of Newport Beach has established the following goal for disadvantaged businesses
(DBE) participation for this project:
Disadvantaged business (DBE) 10 percent
It is the bidder's responsibility to make a sufficient portion of the work available to
subcontractors and suppliers and to select those portions of the work or material needs
consistent with the available DBE subcontractors and suppliers, so as to assure meeting the
goal for DBE participation.
The following firms may assist DBEs in preparing bids for subcontracting or supplying
materials:
The following firm may be contacted for projects in Districts 07, 08, and 12; in San Luis Obispo
and Santa Barbara Counties in District 05; in Kern County in District 06; and in Kern and San
Bernardino Counties in District 09:
Triaxial Management Services, Inc. - Los Angeles
2594 Industry Way,
Suite 101 -A,
Lynwood, CA 90262
Telephone: (310) 537 -6677
FAX No. (310) 637 -0128
The following firm may be contacted for projects in Districts 08, 11, and 12:
Triaxial Management Services, Inc. - San Diego
2725 Congress Street,
Suite 1D,
San Diego, CA 92110
Telephone: (619) 543 -5109
FAX No. (619) 543 -5108
Bidders may utilize the services of these firms to contact interested DBEs.
SUBMISSION OF DBE INFORMATION
The required DBE information shall be submitted on the "LOCAL AGENCY BIDDER - DBE
INFORMATION" form included in the Proposal. If the DBE information is not submitted with
the bid, the DBE information form shall be removed from the documents prior to submitting the
bid. It is the bidder's responsibility to meet the goal for DBE participation or to provide
information to establish that, prior to bidding, the bidder made good faith efforts to do so.
PAGE 21
If DBE information is not submitted with the bid, the apparent successful bidder (low bidder)
shall submit DBE information to the office at which bids are received so the information is
received by the City no later than 4:00 p.m. on the fourth day, not including Saturdays,
Sundays and legal holidays, following bid opening. DBE 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 DBE information by the time specified will be grounds for finding the bid or proposal
nonresponsive. Other bidders need not submit DBE information unless requested to do so by
the City. When such request is made, the DBE information of such bidders shall be submitted
so the information is received by the City no later than close of business on the third day, not
including Saturdays, Sundays and legal holidays, after said notification, unless a later time is
authorized by the City.
The bidder's DBE information shall establish that the DBE goal will be met or that a good faith
effort to meet the goal has been made.
Bidders are cautioned that even though their submittal indicates they will meet the stated DBE
goal, their submittal should also include their good faith efforts information along with their
DBE goal information to protect their eligibility for award of the contract in the event the City, in
its review, finds that the goal has not been met.
The information to show that the DBE goal will be met shall include the names of DBEs and
DBE joint venture partners to be used, with a complete description of work or supplies to be
provided by each and the dollar value of each DBE transaction. When 100 percent of a
contract item of work is not to be performed or furnished by a DBE, a description of the exact
portion of that work to be performed or furnished by that DBE shall be included in the DBE
information, including the planned location of that work. (Note: DBE subcontractors to whom
the bidder proposes to directly subcontract portions of the work are to be named in the bid. -
See Section 2- 1.054, "Required Listing of Proposed Subcontractors," of the Standard
Specifications and Section 2 -1.01, "General," of these special provisions, regarding listing of
proposed subcontractors.)
The information necessary to establish the bidder's good faith efforts to meet the DBE goal
should include:
(1) The names and dates of advertisement of each newspaper, trade paper, and minority -
focus paper in which a request for DBE participation for this project was placed by the bidder.
(2) The names and dates of written notices sent to certified DBEs soliciting bids for this
project and the dates and methods used for following up initial solicitations to determine with
certainty whether the DBEs were interested.
(3) The items of work which the bidder made available to DBE firms, including, where
appropriate, any breaking down of the contracts into economically feasible units to facilitate
DBE participation, and the information furnished to DBEs such as plans, specifications, and
requirements for the work. It is the bidder's responsibility to demonstrate that sufficient work to
meet the DBE goal was made available to DBE firms.
(4) The names of DBEs who submitted bids which were not accepted, a summary of the
bidder's discussions and /or negotiations with them, the name of the firm selected for that
portion of work, and the reasons for the bidder's choice.
PAGE 22
(5) Efforts made to assist DBEs in obtaining bonding, lines of credit or insurance, and any
technical assistance related to the plans, specifications and requirements for the work which
was provided to DBEs.
(6) Any additional data to support a demonstration of good faith effort, such as contacts
with DBE assistance agencies.
AWARD OF CONTRACT
The award of contract, if it be awarded, will be to the lowest responsible bidder whose
proposal complies with all the requirements prescribed and who has met the goal for DBE
participation or has demonstrated, to the satisfaction of the Department, good faith effort to do
so. Meeting the goal for DBE participation or demonstrating, to the satisfaction of the
Department, good faith efforts to do so is a condition for being eligible for award of contract.
BUY AMERICA REQUIREMENTS
Attention is directed to the 'Buy America" requirements of the Surface Transportation
Assistance Act of 1982 (Section 165) and the Intermodal Surface Transportation Efficiency Act
of 1991 (ISTEA) Sections 1041(a) and 1048(a), and the regulations adopted pursuant thereto.
In accordance with said law and regulations, all manufacturing processes for steel and iron
materials furnished for incorporation into the work on this project shall occur in the United
States; with the exception that pig iron and processed, pelletized and reduced iron ore
manufactured outside of the United States may be used in the domestic manufacturing
process for such steel and iron materials. The application of paint and any other coating that
protects or enhances the value of such steel or iron materials shall be considered a
manufacturing process subject to the 'Buy America" requirements.
A Certificate of Compliance, conforming to the provisions in Section 6 -1.07, "Certificates of
Compliance," of the Standard Specifications, shall be furnished for steel and iron materials.
The certificates, in addition to certifying that the materials comply with the specifications, shall
also specifically certify that all manufacturing processes for the materials occurred in the
United States, except for the exceptions allowed herein.
The requirements imposed by said law and regulations do not prevent a minimal use of foreign
steel and iron materials if the total combined cost of such materials used does not exceed
one -tenth of one percent (0.1 %) of the total contract cost or $2,500, whichever is greater. The
Contractor shall furnish the Engineer acceptable documentation of the quantity and value of
any foreign steel and iron prior to incorporating such materials into the work.
CONSTRUCTION PROJECTS
GENERAL. —The work herein proposed will be financed In
whole or in part with Federal funds, and therefore all of the
statutes, rules and regulations promulgated by the Federal Gov-
ernment and applicable to work financed in whole or in part with
Federal funds will apply to such work. The 'Required Contract
Provisions, Federal -Aid Construction Contracts, "Form FHWA
1273, are included in this Section 14. Whenever in said required
contract provisions references arc made to "SHA contracting
officer ", "SHA resident engineer ", or "authorized representative of
the SHA ", such references shall be construed to mean "Engineer"
as defined in Section 1 -1.18 ofthe Standard Specifications.
PERFORMANCE OF PREVIOUS CONTRACT. —In ad-
dition to the provisions in Section 11, "Nondiscrimination," and
Section VII, "Subletting or Assigning the Contract," of the re-
quired contract provisions, the Contractor shall comply with the
following:
The bidder shall execute the CERTIFICATION WITH RE-
GARD TO THE PERFORMANCE OF PREVIOUS CON-
TRACTS OR SUBCONTRACTS SUBJECT TO THE EQUAL
OPPORTUNITY CLAUSE AND THE FILING OF REQUIRED
REPORTS located in the proposal. No request for subletting or
assigning any portion of the contract in excess of SI0,000 will
be considered under the provisions of Section VII of the
required contract provisions unless such request is accompanied
by the CERTIFICATION referred to above, executed by the
proposed subcontractor.
NON- COLLUSION PROVISION. —Thc provisions in this
section are applicable to all contracts except contracts for Federal
Aid Secondary projects.
Title 23, United States Code, Section 112, requires as a condi-
tion precedent to approval by the Federal Highway Administrator
of the contract for this work that each bidder file a swom statement
executed by, or on behalf of, the person, firm, association, or
corporation to whom such contract is to be awarded, certifying that
such person, Firm, association, or corporation has not, either
directly or indirectly, entered into any agreement, participated in
any collusion, or otherwise taken any action in restraint of free
competitive bidding in connection with the submitted bid. A form
to make the non - collusion affidavit statement required by Section
112 as a certification under penalty of perjury rather than as a
swom statement as permitted by 28, USC, Sec. 1746, is included
in the proposal.
PARTICIPATION BY MINORITY BUSINESS EN-
TERPRISES IN SUBCONTRACTING. —Part 23, Title 49,
Code of Federal Regulations applies to this Federal -aid project.
Pertinent sections of said Code are incorporated in part or in its
entirety within other sections of these special provisions.
Schedule B— Information for Determining Joint Venture Eli-
gibility
PAGE 23
ITT-WITR
(This form need not be filled in if all joint venture firms are
minority owned.)
I. Name ofjoint venture _
2. Address ofjoint venture
3. Phone number ofjoint venture —
4. Identify the firms which comprise the joint venture. (The
MBE partner must complete Schedule A.)
a. Describe the role of the MBE firm in thejoint venture.
b. Describe very briefly the experience and business
qualifications ofeachnon- MBEjointventurer:
5. Nature of thejoint venture's business
6. Provide a copy of thejoint venture agreement.
7. What is the claimed percentage of MBE ownership —
8. Ownership of joint venture: (This need not be filled in if
described in the joint venture agreement, provided by question
6.).
Revised 3 -95
08 -07 -95
FR -1
a. Profit and loss sharing.
b. Capital contributions, including equipment.
c. Other applicable ownership interests.
9. Control of and participation in this contract. Identify by
name, race, sex, and "firm' those individuals (and their titles)
who are responsible for day -to -day management and policy
decision making, including, but not limited to, those with
prime responsibility for:
a. Financial decisions
b. Management decisions, such as:
Estimating
2. Marketing and sales
3. Hiring and firing of management personnel _
4. Purchasing of major items or supplies
c. Supervision of field operations
Note. —If, after filing this Schedule 6 and before the comple-
tion of the joint venture's work on the contract covered by this
regulation, there is any significant change in the information
submitted, the joint venture must inform the grantee, either di-
rectly or through the prime contractor if the joint venture is a
subcontractor.
Affidavit
"The undersigned swear that the foregoing statements are cor-
rect and include all material information necessary to identify
and explain the terms and operation of ourjoint venture and the
intended participation by each joint venturer in the undertaking.
Further, the undersigned covenant and agree to provide to
grantee current, complete and accurate information regarding ac-
tual joint venture work and the payment therefor and any pro-
posed changes in any of the joint venture arrangements and to
permit the audit and examination of the books, records and files
of the joint venture, or those of each joint venturer relevant to
thejoint venture, by authorized representatives of the grantee or
the Federal funding agency. Any material misrepresentation
will be grounds for terminating any contract which may be
awarded and for initiating action under Federal or State laws
concerning false statements."
FR -2
PAGE 24
•
....................................................................... ...............................
Name of Firm Name of Firm
............. -........................................................ ...............................
Signature Signature
....................................................................... ...............................
Name Name
...................................................................... ...............................
I isle Title
............ .......... ......................... ..... ............. ...... ....I ... I'll ...................
Date Date
Date
State of
County of
On this day of 19 _, before me
appeared (Name) _ , to me personally
known, who, being duly sworn, did execute the foregoing affi-
davit, and did state that he or she was properly authorized by
(Name of firm) _ _ to execute the
affidavit and did so as his or her free act and decd.
Notary Public
Commission expires
[Sea[]
Date
State of
County of
On this _ day of 19 _, before me
appeared (Name) _ _ to me personally known,
who, being duly sworn, did execute the foregoing affidavit, and
did state that he or she was properly authorized by (Name of
firm) — — to execute the affidavit
and did so as his or her free act and deed.
Notary Public
Commission expires
[Seal]
Revised 5.95
O8-07 -95
REQUIRED CON'LRACT PROVISION
FEDERAL -AID CONSTRUCTION CONTRA CS
(Exclusive of Appalachian Contracts)
Paac
I.
General .................... ..._....... ............... ................. .....
3
I1.
Nondiscrimination ...................... ...............................
3
III.
Nonsegregated Facilities ......... .. ...............................
5
IV.
Payment of Predetermined Minimum Wage .............
6
V.
Statements and Payrolls ......... ................
8
VI.
Record of Materials, Supplies, and Labor .................
9
VII.
Subletting or Assigning the Contract ................... 1.1..
9
VI11.
Safety: Accident Prevention ...... ...............................
10
IX.
False Statements Concerning Highway Project..........
10
X.
Implementation of Clean Air Act and Federal Water
Pollution Control Act .......... ....... ...............................
10
Xl.
Certification Regarding Debarment, Suspension,
Ineligibility, and Voluntary Exclusion ... .......... ..._..
I I
XIL
Certification Regarding Use of Contract Funds for
Lobbying.................................... ...............................
12
ATTACHMENTS
A. Employment Preference for Appalachian Contracts (included
in Appalachian contracts only)
GENERAL
1. These contract provisions shall apply to all work performed
on the contract by the contractor's own organization and with the
assistance of workers under the contractor's immediate
superintendence and to all work performed on the contract by
piecework, station work, or by subcontract.
2. Except as otherwise provided for in each section, the con-
tractor shall insert in each subcontract all of the stipulations
contained in these Required Contract Provisions, and further re-
quire their inclusion in any lower tier subcontract or purchase
order that may in turn be made. The Required Contract Provisions
shall not be incorporated by reference in any case. The prime
contractor shall be responsible for compliance by anv
subcontractor or lower tier subcontractor with these Required
Contract Provisions.
3. A breach of any of the stipulations contained in these Re-
quired Contract Provisions shall be sufficient grounds for temp
nation of the contract.
4. A breach of the following clauses of the Required Contract
Provisions may also be grounds for debarment as provided in
29 CFR 5.12:
Section I, paragraph 2;
Section IV, paragraphs I, 2, 3, 4, and 7;
Section V, paragraphs I and 2a through 2g.
5. Disputes arising out of the labor standards provisions of
Section IV (except paragraph 5) and Section V of these Required
Contract Provisions shall not be subject to the general disputes
clause of this contract. Such disputes shall be resolved in accor-
PAGE 25
dance with the procedures of the U.S. Department of Labor (DOL)
as set forth in 29 CFR 5, 6, and 7. Disputes within the meaning of
this clause include disputes between the contractor (or any of its
subcontractors) and the contracting agency, the DOL, or the
contractor's employees or their representatives.
6. Selection of Labor: During the performance of this contract,
the contractor shall not:
a. discriminate against labor from any other State, possession,
or territory of the United States (except for employment
preference for Appalachian contracts, when applicable, as
specified in Attachment A), or
b. employ convict labor for any purpose within the limits of
the project unless it is labor performed by convicts who are on
parole, supervised release, or probation.
11. NONDISCRIMINATION
(Applicable to all Federal -aid construction contracts and to all
related subcontracts of S 10,000 or more.)
I. Equal Employment Opportunity: Equal employment
opportunity (EEO) requirements not to discriminate and to take
affirmative action to assure equal opportunity as set forth under
laws, executive orders, rules, regulations (28 CFR 35,
29 CFR 1630, and 41 CFR 60) and orders of the Secretary of
Labor as modified by the provisions prescribed herein, and im-
posed pursuant to 23 U.S.C. 140 shall constitute the EEO and
specific affirmative action standards for the contractor's project
activities under this contract. The Equal Opportunity Construction
Contract Specifications set forth under 41 CFR 60 -4.3 and the
provisions of the American Disabilities Act of 1990
(42 U.S.C. 12 10 1 et seq.) set forth under 28 CFR 35 and
29 CFR 1630 are incorporated by reference In this contract. In the
execution of this contract, the contractor agrees to comply with the
following mininuim specific requirement activities of EEO:
a. The contractor will work with the State highway agency
(SHA) and the Federal Government in carrying out EEO obli-
gations and in their review of his /her activities under the con-
tract.
b. The contractor will accept as his operating policy the
following statement:
"/I is the policy of this Cornparry to assure that applicants are
employed, and that employees are treated during employment,
without regard to their rare, religion, sex, color, rational origin.
age or disability. Such action shall include: employment,
upgrading. demotion, or transfer: recruitment or remvitinemt ad-
vertising: layoff or termination: rates of pap or other forms of
compensation: and selection for Itaining, including apprentire-
ship, p,capprenoceship, and /or on- the -job Raining."
2. EEO Officer: The contractor will designate and make
known to the SHA contracting officers an EEO Officer who will
have the responsibility for and must be capable of effectively
FR -3
Form 1173 — Rm,twd 3 -95
09 -07 -95
administering and promoting an activearactor program of EEO
and who must be assigned adequate authority and responsibility to
do so.
3. Dissemination of Policy: All members of the contractor's
staff who arc authorized to hire, supervise, promote, and discharge
employees, or who recommend such action, or who are
substantially involved in such action, will be made fully cognizant
of, and will implement, the contractor's EEO policy and
contractual responsibilities to provide EEO in each grade and
classification of employment. To ensure that the above agreement
will be met, the following actions will be taken as a minimum:
a. Periodic meetings of supervisory and personnel office
employees will be conducted before the start of work and then
not less often than once every six months, at which time the
contractor's EEO policy and its implementation will be reviewed
and explained. The meetings will be conducted by the EEO
Officer.
b. All new supervisory or personnel off-ice employees will be
given a thorough indoctrination by the EEO Officer, covering all
major aspects of the contractor's EEO obligations within thirty
days following their reporting for duty with the contractor.
c. All personnel who are engaged in direct recruitment for the
project will be instructed by the EEO Officer in the contractor's
procedures for locating and hiring minority group employees.
d. Notices and posters setting forth the contractor's EEO
policy will be placed in areas readily accessible to employees,
applicants for employment and potential employees.
c. The contractor's EEO policy and the procedures to im-
plement such policy will be brought to the attention of em-
ployecs by means of meetings, employee handbooks, or other
appropriate means.
4. Recruitment: When advertising for employees, the
contractor will include in all advertisements for employees the
notation: "An Equal Opportunity Employer." All such adver-
tisemcnts will be placed in publications having a large circulation
among minority groups in the area from which the project work
force would normally be derived.
a. The contractor will, unless precluded by a valid bargaining
agreement, conduct systematic and direct recruitment through
public and private employee referral sources likely to yield
qualified minority group applicants. To meet this requirement,
the contractor will identify sources of potential minority group
employees, and establish with such identified sources
procedures whereby minority group applicants may be referred
to the contractor for employment consideration.
b. In the event the contractor has a valid bargaining agreement
providing for exclusive hiring hall referrals, he is expected to
observe the provisions of that agreement to the extent that the
system permits the contractor's compliance with EEO contract
provisions. (The DOL has held that where implementation of
such agreements have the effect of discriminating against
minorities or women, or obligates the contractor to do the same,
such implementation violates Executive Order 11246, as
amended.)
c. The contractor will encourage his present employees to
Form 1273 -- Kccised 3 -95
0607.95
PAGE 26
refer minority grofapplicants for employment. Information
and procedures with regard to referring minority group
applicants will be discussed with employees.
5. Personnel Actions: Wages, working conditions, and
employee benefits shall be established and administered, and
personnel actions of every type, including hiring, upgrading,
promotion, transfer, demotion, layoff, and termination, shall be
taken without regard to race, color, religion, sex. national origin,
agc or disability. The following procedures shall be followed:
FR -4
a. The contractor will conduct periodic inspections of project
sites to insure that working conditions and employee facilities
do not indicate discriminatory treatment of project site
personnel.
b. The contractor will periodically evaluate the spread of
wages paid within each classification to determine anv evidence
of discriminatory wage practices.
c. The contractor will periodically review selected personnel
actions in depth to determine whether there is evidence of
discrimination. Where evidence is found, the contractor will
promptly take corrective action. If the review indicates that the
discrimination may extend beyond the actions reviewed, such
corrective action shall include all affected persons.
d. The contractor will promptly investigate all complaints of
alleged discrimination made to the contractor in connection with
his obligations under this contract, will attempt to resolve such
complaints, and will take appropriate corrective action within a
reasonable time. If the investigation indicates that the
discrimination may affect persons other than the complainant,
such corrective action shall include such other persons. Upon
completion of each investigation, the contractor will inform
every complainant of all of his avenues of appeal.
6. Training and Promotion:
a. The contractor will assist in locating, qualifying, and
increasing the skills of minority group and women employees,
and applicants for employment.
b. Consistent with the contractor's work force requirements
and as permissible under Federal and State regulations, the
contractor shall make full use of training programs, i.e.,
apprenticeship, and on -the -job training programs for the ge-
ographical area of contract performance. Where feasible, 25
percent of apprentices or trainees in each occupation shall be in
their first year of apprenticeship or training. In the event a
special provision for training is provided under this contract,
this subparagraph will be superseded as indicated in the special
provision.
c. The contractor will advise employees and applicants for
employment of available training programs and entrance rc-
quirements for each.
d. The contractor will periodically review the training and
promotion potential of minority group and women employees
and will encourage eligible employees to apply for such training
and promotion.
• • PAGE 27
7. Unions: If the contractor relies in whole or in part upon
unions as a source of employees, the contractor will use his /her
best efforts to obtain the cooperation of such unions to increase
opportunities for minority groups and women within the unions,
and to effect referrals by such unions of minority and female
employees. Actions by the contractor either directly or through a
contractor's association acting as agent will include the procedures
set forth below:
a. The contractor will use best efforts to develop, in coop-
eration with the unions, joint training programs aimed toward
qualifying more minority group members and women for
membership in the unions and increasing the skills of minority
group employees and women so that they may qualify for higher
paying employment.
b. The contractor will use best efforts to incorporate an EEO
clause into each union agreement to the end that such union will
be contractually bound to refer applicants without regard to their
race, color, religion, sex, national origin, age or disability.
c. The contractor is to obtain information as to the referral
practices and policies of the labor union except that to the extent
such information is within the exclusive possession of the labor
union and such labor union refuses to furnish such information
to the contractor, the contractor shall so certify to the SHA and
shall set forth what efforts have been made to obtain such
information.
d. In the event the union is unable to provide the contractor
with a reasonable Flow of minority and women referrals within
the time limit set forth in the collective bargaining agreement,
the contractor will, through independent recruitment efforts, fill
the employment vacancies without regard to race, color,
religion, sex, national origin, age or disability; making full
efforts to obtain qualified and /or qualifiable minority group
persons and women. ('flue DOL has held that it shall be no
excuse that the union with which the contractor has a collective
bargaining agreement providing for exclusive referral failed to
refer minority employees.) In the event the union referral prac-
tice prevents the contractor from meeting the obligations
pursuant to Executive Order 11246, as amended, and these
special provisions, such contractor shall immediately notify the
SHA.
8. Selection of Subcontractors, Procurement of Materials and
Leasing of Equipment: The contractor shall not discriminate on
the grounds of race, color, religion, sex, national origin, age or
disability in the selection and retention of subcontractors,
including procurement of materials and leases of equipment.
a. The contractor shall notify all potential subcontractors and
suppliers of his /her EEO obligations under this contract.
b. Disadvantaged business enterprises (DBE), as defined in 49
CFR 23, shall have equal opportunity to compete for and
perform subcontracts which the contractor enters into pursuant
to this contract. The contractor will use his best efforts to solicit
bids from and to utilize DBE subcontractors or subcontractors
with meaningful minority group and female representation
among their employees. Contractors shall obtain lists of DBE
construction firms from SHA personnel.
c. The contractor will use his best efforts to ensure subcon-
tractor compliance with their EEO obligations.
9. Records and Reports: The contractor shall keep such
records as necessary to document compliance with the EEO
requirements. Such records shall be retained for a period of three
years following completion of the contract work and shall be
available at reasonable times and places for inspection by au-
thorized representatives of the SHA and the FIt WA.
a. The records kept by the contractor shall document the
following:
( I ) The number of minority and non - minority group
members and women employed in each work classification on
the project;
(2) The progress and efforts being made in cooperation
with unions, when applicable, to increase employment op-
portunitics for minorities and women;
(3) The progress and efforts being made in locating, hiring,
training, qualifying, and upgrading minority and female
employees; and
(4) The progress and efforts being made in securing the
services of DBE subcontractors or subcontractors with
meaningful minority and female representation among their
employees.
b. The contractors will submit an annual report to the SHA
each July for the duration of the project, indicating the number
of minority, women, and non - minority group employees
currently engaged in each work classification required by the
contract work. This information is to be reported on Form
FHWA -1391. If on -the -job training is being required by special
provision, the contractor will be required to collect and report
training data.
III NONSEGREGATED FACILITIES
(Applicable to all Federal -aid construction contracts and to all
related subcontracts of S 10,000 or more.)
QM
a. By submission of this bid, the execution of this contract or
subcontract, or the consummation of this material supply
agreement or purchase order, as appropriate, the bidder, Federal -
aid construction contractor, subcontractor, material supplier, or
vendor, as appropriate, certifies that the firm does not maintain
or provide for its employees any segregated facilities at any of
its establishments, and [hat the firm does not permit its
employees to perform their services at any location, under its
control, where segregated facilities are maintained. The firm
agrees that a breach of this certification is a violation of the EEO
provisions of this contract. The firm further certifies that no
employee will be denied access to adequate facilities on the
basis of sex or disability.
b. As used in this certification, the term "segregated facilities"
means any waiting rooms, work areas, restrooms and
washrooms, restaurants and other eating areas, time clocks,
locker rooms, and other storage or dressing areas, parking lots,
drinking fountains, recreation or entertainment areas,
transportation, and housing facilities provided for employees
which are segregated by explicit directive, or arc, in fact, seg-
regated on the basis of race, color, religion, national origin, age
or disability, because of habit, local custom, or otherwise, The
only exception will be for the disabled when the demands for
accessibility override (e.g. disabled parking).
Form 1273 — Rc,ised 3.95
09 -07 -95
c. The contractor agrees that it hobtained or will obtain
identical certification from proposed subcontractors or material
suppliers prior to award of subcontracts or consummation of
material supply agreements of $10.000 or more and that it will
retain such certifications in its files.
IV. PAYMENT OF PREDETERMINED MININIUM
WAGE
(Applicable to all Federal -aid construction contracts exceeding
32,000 and to all related subcontracts, except for projects located
on roadways classified as local roads or rural minor collectors,
which are exempt.)
I. General:
a. All mechanics and laborers employed or working upon the
site of the work will be paid unconditionally and not less oficn
than once a week and without subsequent deduction or rebate on
any account [except such payroll deductions as are permitted by
regulations (29 CFR 3)] issued by the Secretary of Labor under
the Copeland Act (40 U.S.C. 276c) the full amounts of wages
and bona fide fringe benefits (or cash equivalents thereof) due at
time of payment. The payment shall be computed at wage rates
not less than those contained in the wage determination of the
Secretary of Labor (hereinafter "the wage determination') which
is attached hereto and made a part hereof, regardless of any
contractual relationship which may be alleged to exist between
the contractor or its subcontractors and such laborers and
mechanics. The wage determination (including any additional
classifications and wage rates conformed under paragraph 2 of
this Section IV and the DOL poster (WH -1321) or Form
FHWA -1495) shall be posted at all times by the contractor and
its subcontractors at the site of the work in a prominent and
accessible place where it can be easily seen by the workers. For
the purpose of this Section, contributions made or costs
reasonably anticipated for bona fide fringe benefits under
Section I(b)(2) of the Davis -Bacon Act (40 U.S.C. 276a) on
behalf of laborers or mechanics are considered wages paid to
such laborers or mechanics, subject to the provisions of Section
IV, paragraph 3b, hereof. Also, for the purpose of this Section,
regular contributions made or costs incurred for more than a
weekly period (but not less often than quarterly) under plans,
funds, or programs, which cover the particular weekly period,
are deemed to be constructively made or incurred during such
weekly period. Such laborers and mechanics shall be paid the
appropriate wage rate and fringe benefits on the wage deter-
mination for the classification of work actually performed,
without regard to skill, except as provided in paragraphs 4 and 5
of this Section IV.
b. Laborers or mechanics performing work in more than one
classification may be compensated at the rate specified for each
classification for the time actually worked therein, provided, that
the employer's payroll records accurately set forth the time spent
in each classification in which work is performed.
c. All rulings and interpretations of the Davis -Bacon Act and
related acts contained in 29 CFR I, 3, and 5 arc herein
incorporated by reference in this contract.
Fmni 1271 — Re ed 3.95
0807.95
FR -6
PAGE 28
2. Classification: •
a. The SHA contracting officer shall require that any class of
laborers or mechanics employed under the contract, which is not
listed in the wage determination, shall be classified in
conformance with the wage determination.
b. The contracting officer shall approve an additional
classification, wage rate and fringe benefits only when the
following criteria have been met:
(1) the work to be performed by the additional classifi-
cation requested is not performed by a classification in the
wage dctermination;
(2) the additional classification is utilized in the area by the
construction industry;
(3) the proposed wage rate, including any bona fide fringe
benefits, bears a reasonable relationship to the wage rates
contained in the wage determination: and
(4) with respect to helpers, when such a classification
prevails in the area in which the work is performed.
c. If the contractor or subcontractors, as appropriate, the
laborers and mechanics (if known) to be employed in the addi-
tional classification or their representatives, and the contracting
officer agree on the classification and wage rate (including the
-amount designated for fringe benefits where appropriate), a
report of the action taken shall be sent by the contracting officer
to the DOL, Administrator of the Wage and Hour Division,
Employment Standards Administration, Washington, D.C.
20210. The Wage and Hour Administrator, or an authorized
representative, will approve, modify, or disapprove every
additional classification action within 30 days of receipt and so
advise the contracting officer or will notify the contracting
officer within the 30 -day period that additional time is
necessary .
d. In the event the contractor or subcontractors, as appro-
priate, the laborers or mechanics to be employed in the addi-
tional classification or their representatives, and the contracting
officer do not agree on the proposed classification and wage rate
(including the amount designated for fringe benefits, where
appropriate), the contracting officer shall refer the questions,
including the views of all interested parties and the
recommendation of the contracting officer, to the Wage and
Hour Administrator for determination. Said Administrator, or
an authorized representative, will issue a determination within
30 days of receipt and so advise the contracting officer or will
notify the contracting officer within the 30 -day period that
additional time is necessary
c. The wage rate (including fringe benefits where appropriate)
determined pursuant to paragraph 2c or 2d of this Section IV
shall be paid to all workers performing work in the additional
classification from the first day on which work is performed in
the classification.
3. Payment of Fringe Beneffs:
a. Whenever the minimum wage rate prescribed in the con-
tract for a class of laborers or mechanics includes a fringe
benefit which is not expressed as an hourly rate, the contractor
or subcontractors, as appropriate, shall either pay the benefit
•
as stated in the wage determination or shall pay another bona
fide fringe benefit or an hourly case equivalent thereof.
b. If the contractor or subcontractor, as appropriate, does not
make payments to a trustee or other third person, he /she may
consider as a part of the wages of any laborer or mechanic the
amount of any costs reasonably anticipated in providing bona
fide fringe benefits under a plan or program, provided, that the
Secretary of Labor has found, upon the written request of the
contractor, that the applicable standards of the Davis -Bacon Act
have been met. The Secretary of Labor may require the
contractor to set aside in a separate account assets for the
meeting of obligations under the plan or program.
4. Apprentices and Trainees (Programs of the U.S. DOL) and
Helpers:
a. Apprentices:
(1) Apprentices will be permitted to work at less than the
predetermined rate for the work they performed when they are
employed pursuant to and individually registered in a bona
fide apprenticeship program registered with the DOL.
Employment and Training Administration, Bureau of
Apprenticeship and Training, or with a State apprenticeship
agency recognized by the Bureau, or if a person is employed
in his /her first 90 days of probationary employment as an
apprentice in such an apprenticeship program, who is not
individually registered in the program, but who has been
certified by the Bureau of Apprenticeship and Training or a
State apprenticeship agency (where appropriate) to be eligible
for probationary employment as an appremice.
(2) The allowable ratio of apprentices to journeyman -level
employees on the job site in any craft classification shall not
be greater than the ratio permitted to the contractor as to the
entire work force under the registered program. Any
employee listed on a payroll at an apprentice wage rate, who
is not registered or otherwise employed as stated above, shall
be paid not less than the applicable wagc rate listed in the
wage determination for the classification of work actually
performed. In addition, any apprentice performing work on
the job site in excess of the ratio permitted under the
registered program shall be paid not less than the applicable
wage rate on the wage determination for the work actually
performed. Where a contractor or subcontractor is
performing construction on a project in a locality other than
that in which its program is registered, the ratios and wage
rates (expressed in percentages of the joumcvnman -level
hourly rate) specified in the contractor's or subcontractor's
registered program shall be observed.
(3) Every apprentice must be paid at not less than the rate
specified in the registered program for the apprentice's level
of progress, expressed as a percentage of the journeyman-
level hourly rate specified in the applicable wage
determination. Apprentices shall be paid fringe benefits in
accordance with the provisions of the apprenticeship program.
If the apprenticeship program does not specify fringe benefits,
apprentices must be paid the full amount of fringe benefits
listed on the wage determination for the applicable
classification. If the Administrator for the Wage and Hour
Division determines that a different practice prevails for the
applicable apprentice classification, fringes shall be paid in
accordance with that determination.
FR -7
PAGE 29
11
(4) In the event the Bureau of Apprenticeship and Training,
or a State apprenticeship agency recognized by the Bureau,
withdraws approval of an apprenticeship program, the
contractor or subcontractor will no longer be permitted to
utilize apprentices at less than the applicable predetermined
rate for the comparable work performed by regular employees
until an acceptable program is approved.
b. Trainees:
( I ) Except as provided in 29 CFR 5.16. trainees will not be
permitted to work at less than the predetermined rate for the
work performed unless they are employed pursuant to and
individually registered in a program which has received prior
approval, evidenced by formal certification by the DOL,
Employment and Training Administration.
(2) The ratio of trainees to journeyman -level employees on
the job site shall not be greater than permitted under the plan
approved by the Employment and Iraining Administration.
Any employee listed on the payroll at a trainee rate who is not
registered and participating in a training plan approved by the
Employment and Training Administration shall be paid not
less than the applicable wage rate on the wage determination
for the classification of work actually perforated. In addition,
any trainee performing work on the job site in excess of the
ratio permitted under the registered program shall be paid not
less than the applicable wage rate on the wage determination
for file work actually performed.
(3) Every trainee must be paid at not less than the rate
specified in the approved program for his /her level of
progress, expressed as a percentage of the journeyman -level
hourly rate specified in the applicable wage determination.
Trainees shall be paid fringe benefits in accordance with the
provisions of the trainee program. If the trainee program does
not mention fringe benefits, trainees shall be paid the full
amount of fringe benefits listed on the wage determination
unless the Administrator of the Wage and flour Division
determines that there is an apprenticeship program associated
with the corresponding journeyman -level wage rate on the
wage determination which provides for less than full fringe
benefits for apprentices, in which case such trainees shall re-
ceive the same fringe benefits as apprentices.
(4) In the event the Employment and Training Adminis-
tration withdraws approval of a training program, the con-
tractor or subcontractor will no longer be permitted to utilize
trainees at less than the applicable predetermined rate for the
work performed until an acceptable program is approved.
C, Helpers:
Helpers will be permitted to work on a project if the helper
classification is specified and defined on the applicable wage
determination or is approved pursuant to the conformance
procedure set forth in Section IV.2. Any worker listed on a
payroll at a helper wage rate, who is not a helper under an
approved definition, shall be paid not less than the applicable
wage rate on the wage determination for the classification of
work actually performed.
From 1273 — Revised 3.95
Oa -07.95
Local Assistance Pr dures Manual
Sample Noae to Contrac
5. Apprentices and Trainees (Programs of the U.S. DOT):
Apprentices and trainees working under apprenticeship and skill
training programs which have been certified by the Secretary of
Transportation as promoting EEO in connection with Federal -aid
highway construction programs are not subject to the requirements
of paragraph 4 of this Section IV. The straight time hourly wage
rates for apprentices and trainees under such programs will be
established by the particular programs. The ratio of apprentices
and trainees to journeymen shall not be greater than permitted by
the terms of the particular program.
6. Withholding:
The SHA shall upon its own action or upon written request of an
authorized representative of the DOL withhold, or cause to be
withheld, from the contractor or subcontractor under this contract
or any other Federal contract with the same prime contractor, or
any other Federally- assisted contract subject to Davis -Bacon
prevailing wage requirements which is held by the same prime
contractor, as much of the accrued payments or advances as may
be considered necessary to pay laborers and mechanics, including
apprentices, trainees, and helpers, employed by the contractor or
any subcontractor the full amount of wages required by the
contract. In the event of failure to pay any laborer or mechanic,
including any apprentice, trainee, or helper, employed or working
on the site of the work, all or part of the wages required by the
contract, the SHA contracting officer may, after written notice to
the contractor, take such action as may be necessary to cause the
suspension of any further payment, advance, or guarantee of funds
until such violations have ceased.
7. Overtime Requirements:
XHIBIT 12 -F
for & Specialovisions
No contractor or subcontractor contracting for any part of the
contract work which may require or involve the employment of
laborers, mechanics, watchmen, or guards (including apprentices,
trainees, and helpers described in paragraphs 4 and 5 above) shall
require or permit any laborer, mechanic, watchman, or guard in
any workweek in which he /she is employed on such work, to work
in excess of 40 hours in such workweek unless such laborer,
mechanic, watchman, or guard receives compensation at a rate not
less than one - and -one -half times his /her basic rate of pay for all
hours worked in excess of 40 hours in such workweek.
8. Violation:
Liability for Unpaid Wages; Liquidated Damages: In the event
of any violation of the clause set forth in paragraph 7 above, the
contractor and any subcontractor responsible thereof shall be liable
to the affected employee for his /her unpaid wages. In addition,
such contractor and subcontractor shall be liable to the United
States (in the case of work done under contract for the District of
Columbia or a territory, to such District or to such territory) for
liquidated damages. Such liquidated damages shall be computed
with respect to each individual laborer, mechanic, watchman, or
guard employed in violation of the clause set forth in paragraph 7,
in the sum of S10 for each calendar day on which such employee
was required or permitted to work in excess of the standard work
week of 40 hours without payment of the overtime wages required
by the clause set forth in paragraph 7.
PAGE 30
9. Withholding for Unpaid Wages and Liquidated Damages:
The SHA shall upon its own action or upon written request of
any authorized representative of the DOL withhold, or cause to be
withheld, from any monies payable on account of work performed
by the contractor or subcontractor under any such contract or any
other Federal contract with the same prime contractor, or any other
Federally- assisted contract subject to the Contract Work Hours and
Safety Standards Act, which is held by the same prime contractor,
such sums as may be determined to be necessary to satisfy any
liabilities of such contractor or subcontractor for unpaid wages and
liquidated damages as provided in the clause set forth in paragraph
S above.
V. STATEMENTS AND PAYROLLS
(Applicable to all Federal -aid construction contracts exceeding
52,000 and to all related subcontracts, except for projects located
on roadways classified as local roads or rural collectors, which are
exempt.)
1. Compliance with Copeland Regulations (29 CFR 3):
The contractor shall comply with the Copeland Regulations of
the Secretary of Labor which are herein incorporated by reference.
Form 1273 — Rcvimd 3 -95
08 -07 -95
FR -8
2. Payrolls and Payroll Records:
a. Payrolls and basic records relating thereto shall be
maintained by the contractor and each subcontractor during the
course of the work and preserved for a period of 3 years from
the date of completion of the contract for all laborers,
mechanics, apprentices, trainees, watchmen, helpers, and guards
working at the site of the work.
b. The payroll records shall contain the name, social security
number, and address of each such employee; his or her correct
classification; hourly rates of wages paid (including rates of
contributions or costs anticipated for bona fide fringe benefits or
cash equivalent thereof the types described in Section I (b)(2)(B)
of the Davis Bacon Act); daily and weekly number of hours
worked: deductions made; and actual wages paid. In addition,
for Appalachian contracts, the payroll records shall contain a
notation indicating whether the employee does, or does not,
normally reside in the labor area as defined in Attachment A,
paragraph I. Whenever the Secretary of Labor, pursuant to Sec-
tion IV, paragraph 31b, has found that the wages of any laborer
or mechanic include the amount of any costs reasonably
anticipated in providing benefits under a plan or program
described in Section I(b)(2)(B) of the Davis Bacon Act, the
contractor and each subcontractor shall maintain records which
show that the commitment to provide such benefits is
enforceable, that the plan or program is financially repossible,
that the plan or program has been communicated in writing to
the laborers or mechanics affected, and show the cost
anticipated or the actual cost incurred in providing benefits.
Contractors or subcontractors employing apprentices or trainees
under approved programs shall maintain written evidence of the
registration of apprentices and trainees, and ratios and wage
rates prescribed in the applicable programs.
n
L_j
c. Each contractor and subcontractor shall furnish, each week
in which any contract work is performed, to the SHA resident
engineer a payroll of wages paid each of its employees
(including apprentices, trainees, and helpers, described in
Section IV, paragraphs 4 and 5, and watchmen and guards en-
gaged on work during the preceding weekly payroll period).
The payroll submitted shall set out accurately and completely all
of the information required to be maintained under paragraph 2b
of this Section V. This information may be submitted in any
form desired. Optional Form WH -347 is available for this
purpose and may be purchased from the Superintendent of
Documents (Federal stock number 029 -005- 0014 -1 ), U.S.
Government Printing Office, Washington, D.C. 20402. The
prime contractor is responsible for the submission of copies of
payrolls by all subcontractors.
d. Each payroll submitted shall be accompanied by a
"Statement of Compliance," signed by the contractor or sub-
contractor or his /her agent who pays or supervises the payment
of the persons employed under the contract and shall certify the
following:
(I)that the payroll for the payroll period contains the
information required to be maintained under paragraph 2b of
this Section V and that such information is correct and
complete;
(2) that such laborer or mechanic (including each helper,
apprentice, and trainee) employed on the contract during the
payroll period has been paid the full weekly wages earned,
without rebate, either directly or indirectly, and that no
deductions have been made either directly or indirectly from
the full wages earned, other than permissible deductions as set
forth in the Regulations, 29 CFR 3;
(3) that each laborer or mechanic has been paid not less
that the applicable wage rate and fringe benefits or cash
equivalent for the classification of worked performed, as
specified in the applicable wage determination incorporated
into the contract.
e. The weekly submission of a properly executed certification
set forth on the reverse side of Optional Form WH -347 shall
satisfy the requirement for submission of the "Statement of
Compliance" required by paragraph 2d of this Section V.
f. The falsification of any of the above certifications may
subject the contractor to civil or criminal prosecution under IS
U.S.C. 1001 and 31 U.S.C. 231.
g. The contractor or subcontractor shall make the records re-
quired under paragraph 21b of this Section V available for in-
spection, copying, or transcription by authorized representatives
of the SHA, the FHWA, or the DOL, and shall permit such
representatives to interview employees during working hours on
the job. If the contractor or subcontractor fails to submit the re-
quired records or to make them available, the SHA, the FHWA,
the DOL, or all may, after written notice to the contractor,
sponsor, applicant, or owner, take such actions as may be nec-
essary to cause the suspension of any further payment, advance,
or guarantee of funds. Furthermore, failure to submit the
required records upon request or to make such records available
0
may be grounds for debarment action pursuant to 29 CFR 5.12.
VI. RECORD OF MATERIALS, SUPPLIES, AND
LABOR
I. On all Federal -aid contracts on the National Highway System,
except those which provide solely for the installation of protective
devices at railroad grade crossings, those which are constructed on
a force account or direct labor basis, highway beautification
contracts, and contracts for which the total final construction cost
for roadway and bridge is less than SI.0001 000 (23 CFR 635) the
contractor shall:
a. Become familiar with the list of specific materials and
supplies contained in Form FHWA -47, "Statement of Materials
and Labor Used by Contractor of Highway Construction
Involving Federal Funds," prior to the commencement of work
under this contract.
b. Maintain a record of the total cost of all materials and
supplies purchased for and incorporated in the work, and also of
the quantities of those specific materials and supplies listed on
Form FHWA -47, and in the units shown on Form FHWA -47.
c. Furnish, upon the completion of the contract, to the SHA
resident engineer on Form FHWA -47 together with the data
required in paragraph lb relative to materials and supplies, a
final labor summary of all contract work indicating the total
hours worked and the total amount earned.
2. At the prime contractor's option, either a single report
covering all contract work or separate reports for the contractor
and for each subcontract shall be submitted.
VII. SUBLETTING OR ASSIGNING THE CONTRACT
I. The contractor shall perform with its own organization
contract work amounting to not less than 30 percent (or a greater
percentage if specified elsewhere in the contract) of the total
original contract price, excluding any specialty items designated by
the State. Specialty items may be performed by subcontract and
the amount of any such specialty items performed may be deducted
from the total original contract price before computing the amount
of work required to be performed by the contractor's own
organization (23 CFR 635).
FR -9
a. "Its own organization' shall be construed to include only
workers employed and paid directly by the prime contractor and
equipment owned or rented by the prime contractor, with or
without operators. Such term does not include employees or
equipment of a subcontractor, assignee, or agent of the prime
contractor.
b. "Specialty Items" shall be construed to be limited to work
that requires highly specialized knowledge, abilities, or
equipment not ordinarily available in the type of contracting
organizations qualified and expected to bid on the contract as a
whole and in general are to be limited to minor components of
the overall contract.
Form 1273 — Rcviscd 3 -95
08 -07 -95
PAGE 32
Local Assistance Pr dures Manual °XHIBIT 12 -F
Sample Nooe to Contractor & Specialerovisions
2. The contract amount upon which the requirements set forth in
paragraph I of Section VII is computed includes the cost of
material and manufactured products which are to be purchased or
produced by the contractor under the contract provisions.
3. The contractor shall furnish (a) a competent superintendent or
supervisor who is employed by the firm, has full authority to direct
performance of the work in accordance with the contract
requirements, and is in charge of all construction operations
(regardless of who performs the work) and (b) such other of its
own organizational resources (supervision, management, and
engineering services) as the SHA contracting officer determines is
necessary to assure the performance of the contract.
4. No portion of the contract shall be sublet, assigned or
otherwise disposed of except with the written consent of the SHA
contracting officer, or authorized representative, and such consent
when given shall not be construed to relieve the contractor of any
responsibility for the fulfillment of the contract. Written consent
will be given only after the SHA has assured that each subcontract
is evidenced in writing and that it contains all pertinent provisions
and requirements of the prime contract.
VIII. SAFETY: ACCIDENT PREVENTION
I.In the performance of this contract the contractor shall
comply with all applicable Federal, State, and local laws governing
safety, health, and sanitation (23 CFR 635). The contractor shall
provide all safeguards, safety devices and protective equipment
and take any other needed actions as it determines, or as the SHA
contracting officer may determine, to be reasonably necessary to
protect the life and health of employees on thejob and the safety of
the public and to protect property in connection with the
performance of the work covered by the contract.
2. It is a condition of this contract, and shall be made a con-
dition of each subcontract, which the contractor enters into pur-
suant to this contract, that the contractor and any subcontractor
shall not permit any employee, in performance of the contract, to
work in surroundings or under conditions which are unsanitary,
hazardous or dangerous to his /her health or safety, as determined
under construction safety and health standards (29 CFR 1926)
promulgated by the Secretary of Labor, in accordance with Section
107 of the Contract Work Hours and Safety Standards Act (40
U.S.C. 333).
3. Pursuant to 29 CFR 1926.3, it is a condition of this contract
that the Secretary of Labor or authorized representative thereof,
shall have right of entry to any site of contract performance to
inspect or investigate the matter of compliance with the
construction safety and health standards and to carry out the duties
of the Secretary under Section 107 of the Contract Work Hours
and Safety Standards Act (40 U.S.C. 333).
IX. FALSE STATEMENTS CONCERNING HIGHWAY
PROJECTS
In order to assure high quality and durable construction in
conformity with approved plans and specifications and a high
degree of reliability on statements and representations made by
engineers, contractors, suppliers, and workers on Federal -aid
highway projects, it is essential that all persons concerned with the
project perform their functions as carefully, thoroughly, and
honestly as possible. Willful falsification, distortion, or mis-
representation with respect to any facts related to the project is a
violation of Federal law. To prevent any misunderstanding re-
Form 1273 — nm'iscd 3 -95
08 -07 -95
garding the seriousness of these and similar acts, the following
notice shall be posted on each Federal -aid highway project (23
CFR 635) in one or more places where it is readily available to all
persons concerned with the project:
NOTICE TO ALI, PERSONNEL ENGAGED ON
FEDERAL -AID HIGHRY'AY PROJECTS
18 U.S.C. 1020 reads as follows:
"Whoever being an officer, agent, or employee of the (/tired
States, or om State or Territory, or whoever, whether a person,
association, firm, or corporation, kson•ingh, stakes any false
statemhent, false representation, or false report as to the character,
gaalay a r
, quantity, o cost of d m
ie nterial used or to be used, or the
quawo v, or quality cf the is performed or to be perforated, or
the cost thereof in connection with the submission of plans, maps,
s'pePfcatione'. cono'lols, or costs of constNction oil any higlnvat'
or related project submitted fin approval to the Secremn, of
Transportation: or
Whoever knoningly makes any false statement, false repre-
sentation, false report orfalse claims with respect to the character,
quality, quantity, or cost of arm work performed or to be per-
formed, or materials fivnished or to be fianished, in connection
with the construction of any highnvav or related project approved
br the Secretary of Transportation; or
Whoever knowingh, cakes any false statement or false repre-
sentation as to material fact in all) statement, certificate, or report
submitted pursuant to provisions of the Federal -aid Roads Act
approved Jule 1, 1916, (39 S'tat. 355), as amended and sup -
plennented:
Shall be fined tol more that 510,000 or imprisoned not store
than 5 years or both. "
X. IMPLEMENTATION OF CLEAN AIR ACT AND
FEDERAL WATER POLLUTION CONTROL ACT
(Applicable to all Federal -aid construction contracts and to all
related subcontracts of S100,000 or more.)
By submission of this bid or the execution of this contract, or
subcontract, as appropriate, the bidder, Federal -aid construction
contractor, or subcontractor, as appropriate, will be deemed to
have stipulated as follows:
I. That any facility that is or will be utilized in -the perfomtance
of this contract, unless such contract is exempt under the Clean Air
Act, as amended (42 U.S.C. 1857 ct seq., as amended by Pub. L.
91 -604), and under the Federal Water Pollution Control Act, as
amended (33 U.S.C. 1251 et seq., as amended by Pub. L. 92 -500),
Executive Order 11738, and regulations in implementation thereof
(40 CFR 15) is not listed, on the date of contract award, on the
U.S. Environmental Protection Agency (EPA) List of Violating
Facilities pursuant to 40 CFR 1520.
2. That the firm agrees to comply and remain in compliance with
all the requirements of Section 114 of the Clean Air Act and
Section 308 of the Federal Water Pollution Control Act and all
regulations and guidelines listed thereunder.
3. That the firm shall promptly notify the SHA of the receipt of
anv communication from the Director, Office of Federal Activities,
EPA, indicating that a facility that is or will be utilized
FR-10
•
for the contract is under consideration to be listed on the EPA List
of Violating Facilities.
4. That the firm agrees to include or cause to be included the
requirements of paragraph I through 4 of this Section X in every
nonexempt subcontract, and further agrees to take such action as
the government may direct as a means of enforcing such re-
quiremcnts.
XI. CERTIFICATION REGARDING DEBARMENT,
SUSPENSION, INELIGIBILITY AND VOLUNTARY
EXCLUSION
1. Instructions for Certification - Primary Covered
Transactions:
(Applicable to all Federal -aid contracts - 49 CFR 29)
a. By signing and submitting this proposal, the prospective
primary participant is providing the certification set out below.
b. The inability of a person to provide the certification set out
below will not necessarily result in denial of participation in this
covered transaction. The prospective participant shall submit an
explanation of why it cannot provide the certification set out
below. The certification or explanation will be considered in
connection with the department or agency's determination
whether to enter into this transaction. However, failure of the
prospective primary participant to furnish a certification or an
explanation shall disqualify such a person from participation in
this transaction.
c. The certification in this clause is a material representation
of fact upon which reliance was placed when the department or
agency determined to enter into this transaction. If it is later
determined that the prospective primary participant knowingly
rendered an erroneous certification, in addition to other
remedies available to the Federal Government, the department
or agency may terminate this transaction for cause of default.
d. The prospective primary participant shall provide im-
mediate written notice to the department or agency to whom this
proposal is submitted if any time the prospective primary
participant learns that its certification was erroneous when
submitted or has become erroneous by reason of changed
circumstances.
c. The terms "covered transaction," "debarred," "suspended,"
"ineligible" "lover tier covered transaction," "participant;'
"person," "primary covered transaction," "principal," "proposal,"
and "voluntarily excluded," as used in this clause, have the
meanings set out in the Definitions and Coverage sections of
rules implementing Executive Order 12549. You may contact
the department or agency to which this proposal is submitted for
assistance in obtaining a copy of those regulations.
E The prospective primary participant agrees by submitting
this proposal that, should the proposed covered transaction be
entered into, it shall not knowingly enter into any lower tier
covered transaction with a person who is debarred, suspended,
declared ineligible, or voluntarily excluded from participation in
this covered transaction, unless authorized by the department or
agency entering into this transaction.
FR -11
PAGE 33
•
g. The prospective primary participant further agrees by
submitting this proposal that it will include the clause titled
"Certification Regarding Debarment, Suspension, Ineligibility
and Voluntary Exclusion -Lower Tier Covered Transaction,"
provided by the department or agency entering into this covered
transaction, without modification, in all lower tier covered
transactions and in all solicitations for lower tier covered
transactions.
h. A participant in a covered transaction may rely upon a
certification of a prospective participant in a lower tier covered
transaction that is not debarred, suspended, ineligible, or
voluntarily excluded from the covered transaction, unless it
knows that the certification is erroneous. A participant may
decide the method and frequency by which it determines the el-
igibility of its principals. Each participant may, but is not
required to, check the nonproeurement portion of the "Lists of
Parties Excluded From Federal Procurement or Nonprocurement
Programs" (Nonprocurement List) which is compiled by the
General Services Administration.
i. Nothing contained in the foregoing shall be construed to
require establishment of a system of records in order to render in
good faith the certification required by this clause. The
knowledge and information of participant is not required to
exceed that which is normally possessed by a prudent person in
the ordinary course of business dealings.
j. Except for transactions authorized under paragraph f of
these instructions, if a participant in a covered transaction
knowingly enters into a lower tier covered transaction with a
person who is suspended, debarred, ineligible, or voluntarily
excluded from participation in this transaction, in addition to
other remedies available to the Federal Government, the de-
partment or agency may terminate this transaction for cause or
default.
Certification Regarding Debarment,
Suspension, Ineligibility and Voluntary
Exclusion— Primary Covered Transactions
I. The prospective primary participant certifies to the best of
its knowledge and belief, that it and its principals:
a. Are not presently debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded from
covered transactions by any Federal department or agency;
b. Have not within a 3 -year period preceding this proposal
been convicted of or had a civil judgment rendered against
them for commission of fraud or a criminal offense in
connection with obtaining, attempting to obtain, or
performing a public (Federal, State or local) transaction or
contract under a public transaction; violation of Federal or
State antitrust statutes or commission of eniberlemcnt, theft,
forgery, bribery, falsification or destruction of records,
making false statements, or receiving stolen property;
c. Are not presently indicted for or otherwise criminally or
civilly charged by a governmental entity (Federal, State or
local) with commission of any of the offenses enumerated in
paragraph I of this certification; and
Form 1273 — Revised 3 -95
us -07-95
'Local Assistance Pr dures Manual EXHIBIT 12 -F PAGE 34
Sample Noe to Contractor & Specialwovisions
d. Have not within a 3 -year period preceding this ap-
plication /proposal had one or more public transactions
(Federal, State or local) terminated for cause or default.
2. Where the prospective primary participant is unable to
certify to any of the statements in this certification, such
prospective participant shall attach an explanation to this
proposal.
2. Instructions for Certification - Lower Tier Covered
Transactions:
(Applicable to all subcontracts, purchase orders and other lower
tier transactions of $25.000 or more - 49 CPR 29)
a. By signing and submitting this proposal, the prospective
lower tier is providing the certification set out below.
b. The certification in this clause is a material representation
of fact upon which reliance was placed when this transaction
was entered into. If it is later determined that the prospective
lower tier participant knowingly rendered an erroneous
certification, in addition to other remedies available to the
Federal Government, the department or agency with which this
transaction originated may pursue available remedies, including
suspension and /or debarment.
c. The prospective lower tier participant shall provide
immediate written notice to the person to which this proposal is
submitted if at any time the prospective lower tier participant
learns that its certification was erroneous by reason of changed
circumstances.
d. The terms "covered transaction," "debarred," "suspended,"
"ineligible," "primary covered transaction," "participant,"
" person," "principal," "proposal," and "voluntarily excluded," as
used in this clause, have the meanings set out in the Definitions
and Coverage sections of rules implementing Executive Order
12549. You may contact the person to which this proposal is
submitted for assistance in obtaining a copy of those regulations.
c. The prospective lower tier participant agrees by submitting
this proposal that, should the proposed covered transaction be
entered into, it shall not knowingly enter into any lower tier
covered transaction with a person who is debarred, suspended,
declared ineligible, or voluntarily excluded from participation in
this covered transaction, unless authorized by the department or
agency with which this transaction originated.
f. The prospective lower tier participant further agrees by
submitting this proposal that it will include this clause titled
"Certification Regarding Debarment, Suspension, Ineligibility
and Voluntary Exclusion -Lower Tier Covered Transaction,"
without modification, in all lower tier covered transactions and
in all solicitations for lower tier covered transactions.
g. A participant in a covered transaction may rely upon a
certification of a prospective participant in a lower tier covered
transaction that is not debarred, suspended, ineligible, or
voluntarily excluded from the covered transaction, unless it
knows that the certification is erroneous. A participant may
decide the method and frequency by which it determines the el.
igibility of its principals. Each participant may, but is not
Fonu 1273 keri.scd 3 -95
eH -07.95
required to, check the Nonprocurenrent List.
h. Nothing contained in the foregoing shall be construed to
require establishment of a system of records in order to render in
good faith the certification required by this clause. The
knowledge and information of participant is not required to
exceed that which is normally possessed by a prudent person in
the ordinary course of business dealings.
i. Except for transactions authorized under paragraph a of
these instructions. if a participant in a covered transaction
knowingly enters into a lower tier covered transaction with a
person who is suspended, debarred, ineligible, or voluntarily
excluded from participation in this transaction, in addition to
other remedies available to the Federal Government, the de-
partment or agency with which this transaction originated may
pursue available remedies, including suspension and /or
debarment.
Certification Regarding Debarment,
Suspension, Ineligibility and Voluntary
Exclusion -Lower Tier Covered Transactions
I. The prospective lower tier participant certifies, by
submission of this proposal, that neither it nor its principals is
presently debarred, suspended, proposed for debarment,
declared ineligible, or voluntarily excluded from participation
in this transaction by any Federal department or agency.
2. Where the prospective lower tier participant is unable to
ccrut,v to any of the statements in this certification, such
prospective participant shall attach an explanation to this
proposal.
all. CERTIFICATION REGARDING USFOF
CONTRACT FUNDS FOR LOBBYING
(Applicable to all Federal -aid construction contracts and to all
related subcontracts which exceed 5100,000 - 49 CFR 20)
1. The prospective participant certifies, by signing and
submitting this bid or proposal, to the best of his or her knowledge
and belief, that:
a. No Federal appropriated funds have been paid or will be paid,
by or on behalf of the undersigned, to any person for influencing
or attempting to influence an officer or employee of any Federal
agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection
with the awarding of any Federal contract, the making of any
Federal grant, the making of any Federal loan, the entering into of
any cooperative agreement, and the extension, continuation,
renewal. amendment, or modification of any Federal contract,
grant, loan, or cooperative agreement.
b. If any funds other than Federal appropriated funds have been
paid or will be paid to any person for influencing or attempting to
influvee an officer or emptoyce of any Federal agency, a Member
of Congress, an officer or employee of Congress, or an employee
of a Member of Congress in connection with this Federal contract,
FR-12
11
grant, loan, or cooperative agreement, the undersigned shall
complete and submit Standard Form -LLL, "Disclosure Form to
Report Lobbying," In accordance with its instructions.
2. This certification is a material representation of fact upon
which reliance was placed when this transaction was made or en-
tered into. Submission of this certification is a prerequisite for
making or entering into this transaction imposed by 31 U.S.C.
1352. Any person who fails to file the required certification shall
PAGE 35
•
be subject to a civil penalty of not less than 510,000 and not more
than S 100,000 for each such failure.
3. The prospective participant also agrees by submitting his or
her bid or proposal that he or she shall require that the language of
this certification be included in all lower tier subcontracts, which
exceed 5100,000 and that all such recipients shall certify and
disclose accordingly.
FEDERAL -AID FEMALE AND MINORITY GOALS
-- - - - - -- -- --- --- -
In accordance with Section II, "Nondiscrimination," of 177 Sacramento, CA:
"Required Contract Provisions Federal -aid Construction
Contracts" the following are the goals for female utilization: SMSA Counties:
0920 Sacramento, CA ... ............................... 16.1
Goal for Women
(applies nationwide (percent) 6.9 CA Placer, CA Sacramento;
The following are goals for minority utilization:
CALIFORNIA ECONOMIC AREA
174 Redding, CA:
Non -SMSA Counties ... ...............................
CA Lasscn; CA Modoc;
CA Plumas: CA Shasta;
CA Siskiyou; CA Tehama.
175 Eureka, CA:
Non -SMSA Counties .... ...............................
CA Del Noric; CA Humboldt;
CA Trinity.
176 San Francisco - Oakland -San Jose, CA:
SMSA Counties:
7120 Salinas-Scaside-
Monterey, CA ............. ...............................
CA Monterey.
7360 San Francisco - Oakland, CA .................
CA Alameda; CA Contra Costa;
CA Marin; CA San Francisco;
CA San Mateo.
7400 San Jose, CA ......... ...............................
CA Santa Clara.
7485 Santa Cruz, CA ..... ...............................
CA Santa Cruz.
7500 Santa Rosa, CA ..... ...............................
CA Sonoma.
8720 Vallejo - Fairfield- Napa, CA .................
CA Napa; CA Solano
Non -SMSA Counties ......... ...............................
CA Lake; CA Mendocino;
CA San Benito.
Non -SMSA Counties ......... ............................... 14.3
CA Butte; CA Colusa;
CA EI Dorado; CA Glcnn;
CA Nevada; CA Sierra;
CA Sutter: CA Yuba.
Goal
(Percent)
178 Stockton - Modesto, CA:
SMSA Counties:
6.8
5170 Modesto, CA ........ ...............................
12.3
CA Stanislaus.
8120 Stockton, CA ....... ...............................
24.3
CA San Joaquin.
Non -SMSA Counties ......... ...............................
19.8
CA Alpine: CA Amador;
CA Calaveras; CA Mariposa;
6 f
CA Merecd; CA Tuolumne.
179 Fresno - Bakersfield, C.A:
SMSA Counties:
0680 Bakersfield. CA ... ...............................
19.1
CA Kern.
28.9
2840 Fresno, CA ........... ...............................
26.1
CA Fresno.
25.6
Non -SMSA Counties ............. ...........................
23.6
CA Kings; CA Madera.
CA Tulare.
180 Los Angeles, CA:
19.6
SMSA Counties:
14 9
0360 Anahcim -Santa Ana - Garden
Grove. CA
11.9
9.1
.................. ...............................
CA Orange.
4480 Los Angeles -Long
17 I
Beach. CA ................... ............_...............
28.3
CA Los Angcics.
6000 Oxnard -Simi Vallev-
23.2
Ventura, CA ........................... ... .............
. 21.5
CA Ventura.
FR -13
1'omi 1213 — Revised 3 -95
08 -07 -95
PAGE 36
• IS San Diego, CA:
6780 Riverside -San Bernardino -
Ontario, CA ................ ............................... 19.0 SMSA Counties
CA Riverside; 7320 San Diego, CA ..... ............................... 16.9
CA San Bernardino. CA San Diego,
7480 Santa Barbara -Santa Maria- Non -SMSA Counties ......... ............................... 18.2
Lompoc, CA ............... ............................... 19.7 CA Imperial.
CA Santa Barbara.
Non -SMSA Counties ............ ........................... 24.6 In addition to the reporting requirements set forth elsewhere in
CA Inyo; CA Mono; this contract the Contractor and subcontractors holding
CA San Luis Obispo. subcontracts, not including material suppliers, of SI0,000 or more,
shall submit for every month of July during which work is
performed, employment data as contained under Form FHWA
PR -1391 (Appendix C to 23 CFR, Part 230), and in accordance
with the instructions included thereon.
Fom 1273 — Revised 3 -95
08 -07 -95
FR -14
..-Page 37
Local Assistance Procedures Manual EXHIBIT 12 -E
PS &E Checklist Instructions - Attachment C
(THE BIDDERS EXECUTION ON THE SIGNATURE PORTION OF THIS
PROPOSAL SHALL ALSO CONSTITUTE AN ENDORSEMENT AND EXECUTION OF
THOSE CERTIFICATIONS WHICH ARE A PART OF THIS PROPOSAL)
EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION
The bidder R. J. NOBLE COMPANY , proposed
subcontractor
hereby certifies that he
has XX , has not _, participated in a previous contract or subcontract subject to the equal opportunity
clauses, as required by Executive Orders 10925, 11114, or 11246, and that, where required, he has filed with
the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal
Government contracting or administering agency, or the former President's Committee on Equal
Employment Opportunity, all reports due under the applicable filling requirements.
Note: The above certification is required by the Equal Employment Opportunity Regulations of the
Secretary of Labor (41 CFR 60- 1.7(b) (1)), and must be submitted by bidders and proposed
subcontractors only in connection with contracts and subcontracts which are subject to the equal
opportunity clause. Contracts and subcontracts which are exempt from the equal opportunity clause
are set forth in 41 CFR 60 -1.5. (Generally only contracts or subcontracts of $10,000 or under are
exempt.)
Currently, Standard Form 100 (EEO -1) is the only report required by the Executive Orders or their
implementing regulations.
Proposed prime contractors and subcontractors who have participated in a previous contract or
subcontract subject to the Executive Orders and have not filed the required reports should note that
41 CFR 60- 1.7(b) (1) prevents the award of contracts and subcontracts unless such contractor
submits a report covering the delinquent period or such other period specified by the Federal Highway
Administration or by the Director, Office of Federal Contract Compliance, U.S. Department of
Labor.
12 -t -a9
Page 12 -77
February 1, I"ll
rage 36
Local Assistance Procedures Manual EXHIBIT 12 -E
PS &E Checklist Instructions Alk ` Attachment E -
DEBARMENT AND SUSPENSION CERTIFICATION
TITLE 49, CODE OF FEDERAL REGULATIONS, PART 29
The bidder, under penalty of perjury, certifies that, except as noted below, he /she or any other person
associated therewith in the capacity of owner, partner, director, officer, manager:
• Is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility
by any Federal agency;
• Has not been suspended, debarred, voluntarily excluded or determined ineligible by any Federal agency
within the past 3 years;
• Does not have a proposed debarment pending; and
• Has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent
jurisdiction in any matter involving fraud or official misconduct within the past 3 years.
If there are any exceptions to this certification, insert the exceptions in the following space.
NONE
Exceptions will not necessarily result in denial of award, but will be considered in determining bidder
responsibility. For any exception noted above, indicate below to whom it applies, initiating agency, and
dates of action.
Notes: Providing false information may result in criminal prosecution or administrative sanctions.
The above certification is part of the Proposal. Signing this Proposal on the signature portion
thereof shall also constitute signature of this Certification.
124 -e9
Page 12-81
February 1, 1998
Local Assistance Procedures Ma
FS &E Checklist Instructions
NONLOBBYING CERTIFICATION
FOR FEDERAL -AID CONTRACTS
Page 39
EXHIBIT 12 -E
Attachment F
The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her
knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to
any person for influencing or attempting to influence an officer or employee of any Federal agency,
a Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with the awarding of any Federal contract, the making of any Federal grant,
the making of any Federal loan, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or
cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any Federal agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall
complete and submit Standard Form -LLL, "Disclosure of Lobbying Activities," in accordance with its
instructions.
This certification is a material representation of fact upon which reliance was placed when this transaction
was made or entered into. Submission of this certification is a prerequisite for making or entering into this
transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than $10,000 and not more than '$100,000 for
each such failure.
The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require
that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and
that all such subrecipients shall certify and disclose accordingly.
124 -a9
Page 12-83
February 1, 1998
• Page 40
Local Assistance Procedures Manual EXHIBIT 12 -E
PS &E Checklist Instructions Attachment G
DISCLOSURE OF LOBBYING ACTIVITIES
Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352
1. Type of Federal Action:
2. Status of Federal Action:
3. Report Type:
a. contract
NO Eb'grant
bidoaer /application
NO initial award
'��Nnilial
4aterial change
c. cooperative agreement
d bar,
c. post-award
For Material Change Only:
e. loan guaranlee
year quarter
1. loan insurance
date of last report
4. Name and Adress of Reporting Entity:
5. If Reporting Entity in No. 4 is Subawardee. Enter
❑ Prime ❑ Subawardee
Name and Address of Prime:
Ter_ ,ifknown
NONE
NONE
Congressional District, if known:
Congressional District, if known:
6. Federal DepartmenttAgency:
7. Federal Program Name/Description:
NONE
NONE
CFDANumber, ifapplicable
6. Federal Action Number, if known:
9. Award Amount, if known:
NONE
$NONE
10. a. Name and Address of Lobbying Entity b. Individuals Performing Services (including address if
(if individual, last name, first name, MI): dillerent from No. 10a)
(NONE e, first name, MI),
NONE
(attach Continuator Sheet(s) if necessary)
11. Amount of Payment (check all that apply):
13. Type of Payment (check all that apply)
NONE ❑ actual ❑ planned
ET NFL retainer
b. c time lee
12. Form of Payment (check all that apply):
c. comm mission
8 a. cash
d. contingent fee
b. in -kind; specify: nature
e. deferred
value
other, specify:
P fy
14. Brief Description of Services Performed or to be performed and Date(s) of Service, including officer(s),
employee(s), or member(s) contacted, for Payment Indicated in Item 11:
NONE
(attach Continuation Sheet(s) if necessary)
15. Continuation Sheet(s) attached: Yes ❑ N>J
OBLE CQ6PANY
16. Information requested through this lorm is authorized by Tile 31 U.S.C. section
Signa
1352. This disdmre of bbby4g activities is a material representation of lad
upon wti h reliance was placed by lie tier above when his transaction was
Primtraoie JIM GRACE
made or entered olo. T1is disclosure is required pursuant to 31 U.S.C. 1352.
This iNomution wil be reported to the Coryess semiannually and win be
Title: PRE,STDENT
available for public inspection. Any person who lac to file the required dsdosure
shall be subied to a avil penalty of not less loan $10.000 and not more than
Telephone No.: 714- 637 -15 5 ate: 5/27/99
such $100.000lor each such failure.
FederalUseAulanted
Only:
for local Reproduction
Standard Form - Ill
SWUM Form U.I. Rev. 01-n95
Page 12 -85
February 1, 1998
Page 41
Local Assistance Procedures M�1 • EXHIBIT 12 -E
PS &E Checklist Instructions Attachment G
14. Provide a specific and detailed description of the services that the lobbyist has performed or will be
expected to perform and the date(s) of any services rendered. Include all preparatory and related
activity not just time spent in actual contact with Federal officials. Identify the Federal officer(s) or
employee(s) contacted or the officer(s) employee(s) or Member(s) of Congress that were contacted.
15. Check whether or not a continuation sheet(s) is attached.
16. The certifying official shall sign and date the form, print his/her name title and telephone number.
Public reporting burden for this collection of information is estimated to average 30 minutes per response,
including time for reviewing instruction, searching existing data sources, gathering and maintaining the data
needed, and completing and reviewing the collection of information. Send comments regarding the burden
estimate or any other aspect of this collection of information, including suggestions for reducing this burden,
to the Office of Management and Budget, Paperwork Reduction Project (0348- 0046), Washington, D.C.
20503. SF- UL- Instructions Rw. 06- 04- 90.ENDIF.
Page 12-87
February 1,1998
Page 42
Local Assistance Procedures Mool EXHIBIT 12 -E is PS &E Checklist Instructions Attachment J
5 -1. DBE RECORDS. -- The Contractor shall maintain records of all subcontracts entered into with
certified DBE subcontractors and records of materials purchased from certified DBE suppliers. Such records
shall show the name and business address of each DBE subcontractor or vendor and the total dollar amount
actually paid each DBE subcontractor or vendor.
Upon completion of the contract, a summary of these records shall be prepared on Form CEM -2402 and
certified correct by the Contractor or his authorized representative, and shall he furnished to the Engineer.
Page 12 -95
February 1,1998
LocalAssistazice Procedures Mai
PS &E Checklist Instructions
S -l. PERFORMANCE OF DBE SUBCONTRACTORS AND SUPPLIERS
Page 43
EXHIBIT 12 -E
Attachment K
The DBEs listed by the Contractor in response to the requirements in the section of these special provisions
entitled "Submission of DBE Information, Award, And Execution Of Contract," which are determined by the
Department to be certified DBEs, shall perform the work and supply the materials for which they are listed
unless the Contractor has received prior written authorization to perform the work with other forces or to
obtain the materials from other sources.
Authorization to utilize other forces or sources of materials may be requested for the following reasons:
(1) The listed DBE, after having had a reasonable opportunity to do so, fails or refuses to execute a written contract,
when such written contract, based upon the general terns, conditions, plans and specifications for the project, or on the
terms of such subcontractor's or supplier's written bid, is presented by the Contractor.
(2) The listed DBE becomes bankrupt or insolvent.
(3) The listed DBE fails or refuses to perform his subcontract or famish the listed materials.
(4) The Contractor stipulated that a bond was a condition of executing a subcontract and the listed DBE
subcontractor fails or refuses to meet the bond requirements of the Contractor.
(5) The work performed by the listed subcontractor is substantially unsatisfactory and is not in substantial
accordance with the plans and specifications, or the subcontractor is substantially delaying or disrupting the progress of
the work.
(6) It would be in the best interest of the State.
The Contractor shall not be entitled to any payment for such work or material unless it is performed or
supplied by the listed DBE or by other forces (including those of the Contractor) pursuant to prior written
authorization of the Engineer.
Page 12 -97
February 1, 1999
Local Assistance Procedures N
PS &E Checklist Instructions
Page 44
aal • EXHIBIT II-E '
Attachment L
LOCAL AGENCY BIDDER -DBE INFORMATION
This information may be submitted with your bid proposal. If it is not, and you are the apparent low
bidder or the second or third low bidder, it must be submitted and received by the administering agency no
later than the time specified in the special provisions.
CO. /RTE. /P.M.:
BIDDER'S NAME:
STPLMA 5151(008) & STPLMA 5151(009) R. J.NOBLE COMPANY
CONTRACT NO.: ADDRESS:
#3170 15505 E. Lincoln Avenue
BID AMOUNT: Orange, CA. 92865
BID OPENING DATE: 5/27/99 DBE GOAL FROM CONTRACT 10 %
CONTRACT
ITEM NO.
ITEM OF WORK AND
DESCRIPTION OF WORK OR
SERVICES TO BE
SUBCONTRACTED OR MATERIALS
TO BE PROVIDED
NAME OF DBE ••
(Name of DBEs, Certification Number,
and Telephone Number)
DOLLAR
AMOUNT
•••
DBE
PERCENT
DBE
10,11,24,
ADJUST MANHOLES &
RAMIREZ CONSTRUCTION
26,025.00
100%
25
WATER VALVES
024273 909 - 869 -9213
5,6 7,191
PROVIDE PORTION OF
RUBACALVA TRUCKING
110,000.00
100%
20,21
TRUCKING
026937 909 - 393 -5617
Total Claimed
$ 136,025.0®
Participation
%
100 aka
not to be performed or
exact
to
• DBLs must be certified by Caltrans on the date bids are opened. Subcontractors and suppliers certified state - funded only
cannot be used to meet goals on federally funded contracts.
• • • Credit for a DBE supplier, who is not a manufacturer is limited to 60% of the amount paid to the supplier. (See Section
"Disadvantaged Business" (DBE) of the special provisions)
IMPORTANT: Names of DBE subcontractors and their respective item(s) of work listed above
should be consistent with the name and items of work in the "List of Subcontractors"
-submitted with vour bid nursuant to the Subcontractors Listing Law.
714- 637 -1550
JIM
GP
PF.ESIDE
�-C�v
Perso
t
Contact
(Please type or print)
Distribution for NHS Projects: (1) Onginal-Caltrws DLAE for NHS Projects, (2) Copy -Local Agency project file
Distribution for non -NHS Projects: (1) Original Local Agency project file
DEPT. OF TRANSPORTATION (FED DBE) MODIFIED DC -0E -19 (REV 09- 18 -95)
Page 12 -99
February 1,1998
E
PRODUCER (949)788 -0007 FAX (949)788 -0072
Millennium Risk Management & Insurance Services
7700 Irvine Center Drive
Suite 505
Irvine, CA 92618
Attn: Darlene Owens Ext: 231
INSURED
R. J. Noble Co.
15505 Lincoln Avenue
P. 0. Box 620
Orange, CA 92865
06/17/1999
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
COMPANY Lexington Insurance Co. /WW
A
COMPANY Valley Forge Insurance Co. /CNA
B
COMPANY California Compensation
C
COMPANY
D
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO TYPE OF INSURANCE POLICY NUMBER ' POLICY EFFECTIVE POLICY EXPIRATION' LIMITS
LTR DATE(MM /DD") DATE(MMIDDM)
GENERAL LIABILITY GENERAL AGGREGATE S 2,000,000
_. _. _. ..
X COMMERCIAL GENERAL LIABILITY (PRODUCTS - COMP/OP AGG S 1,000,000
CLAIMS MADE X OCCUR PERSONAL & ADV INJURY $ 1,000,000
A ' 5357086 07/01/1998 07/01/1999
X OWNER'S & CONTRACTOR'S PROT EACH OCCURRENCE $ 1,000,000
FIRE DAMAGE (Any one fire) $ 50,000
MED EXP(Any one person) $ Excluded
AUTOMOBILE LIABILITY
X. ANVAUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
B 1073288080
X HIRED AUTOS
X NON- OWNEDAUTOS
COMBINED SINGLE LIMIT S
BODILY INJURY
(Per person)
07/01/1998 07/01/1999
BODILY INJURY
(Per accident)
1,000,0001
.. ._ _. _. _...... .. _. _. _...._
PROPERTY DAMAGE
S
GARAGE LIABILITY
AUTO ONLY - EA ACCIDENT
:
S
. ..
ANY AUTO
.. AER.
j O _. THER THAN AUTO ONLY
;
EACH ACCIDENT
S
' AGGREGATE
$
EXCESS LIABILITY
! EACH OCCURRENCE
5
UMBRELLA FORM
'AGGREGATE
S
OTHER THAN UMBRELLA FORM
$
WORKERS COMPENSATION AND
X TORVLIMITS ER
EMPLOYERS' LIABILITY'
EL EACH ACCIDENT
4 1 QQQ QQQ
C - W987179201
07/01/1998 07/01/1999 .........EA
THE PROPRIETOR/ INCL
LIMIT
EL DISEASE POLICY LIMIT
8 1, QQQ QQQ
PARTNERSIEXECUTIVE
OFFICERS ARE: EXCL
EL DISEASE EA EMPLOYEE
4 1 •QQQ ,QQQ
ertificate Holder et al are named Additional Insured /Primary as respects General & Auto Liability per
ttached endorsements /Waiver of Subrogation for WC attached /RE: San Joaquin Hills Road Rehabilitation
rom Jamboree Rd. to MacArthur Blvd. - STPLMA- 5151(009) *10 -day notice of CANCELLATION for non -pay
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL MX90W MAIL
City of Newport Beach *30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
Public Works Department
Attn: Fong TseXX�XX�X�RD( N99( 9kLRi X9QkM9Affhk9a7P1@IAtXXXa@)FHXX
3300 Newport Boulevard 4( 9C AQ3Yl4f9 (XXPkA9i)�Xx�C947CJ(A9WE �(XXXXXXX
Newport Beach, CA 92663 AUTHORIZED REPRESENTATIVE
Darlene Owens //��� / /Y/
City of Newport Beach
Certificate issued to City of Newport Beach 06/17/1999
Millennium Risk Manaaement & Insurance Services
Policy #5357086
Additional Insured:
City, its officers, officials, employees and volunteers are to be covered as additional insureds as
respects; liability arising out of activities performed by or on behalf of Contractor, including the
insured's general supervision of Contractor; products and completed operations of Contractor; premises
owned, occupied or used by Contractor; or automobiles owned, leased, hired or borrowed by Contractor. The
coverage shall contain no special limitations on the scope of protection afforded to City, its officers,
officials, employees or volunteers.
Policy Number 5357086
Commercial General Liability
THIS ENDORSEMENT CHANGES THE POLICY - PLEASE READ IT CAREFULLY
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS (FORM B)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART:
SCHEDULE
Name of Person or Organizations:
City, its officers, officials, employees and volunteers are to be covered as additional
insureds as respects; liability arising out of activities performed by or on behalf of
Contractor, including the insured's general supervision of Contractor; products and
completed operations of Contractor; premises owned, occupied or used by Contractor; or
automobiles owned, leased, hired or borrowed by Contractor. The coverage shall contain
no special limitations on the scope of protection afforded to City, its officers, officials,
employees or volunteers.
RE: San Joaquin Hills Road Rehabilitation Project from Jamboree Road
to MacArthur Boulevard (STPLMA -5151 -(009) and from MacArthur
Boulevard to Marguerite Avenue (STPLMA- 5151 -(009)
(If no entry appears above, information required to complete this endorsement will be shown in the Declarations
as applicable to this endorsement.)
WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the
Schedule, but only with respects to liability arising out of "your work" for that insured by or for you.
PRIMARY WORDING:
"IT IS FURTHER AGREED THAT SUCH INSURANCE AS IS AFFORDED BY THIS POLICY
FOR THE BENEFIT OF THE ADDITIONAL INSURED SHOWN ABOVE SHALL BE PRIMARY
INSURANCE, BUT ONLY AS RESPECTS ANY CLAIMS, LOSS OR LIABILITY ARISING
DIRECTLY OR INDIRECTLY FROM THE NAMED INSUREDS OPERATIONS ON THIS
PROJECT AND ANY INSURANCE MAINTAINED BY THE ADDITIONAL INSURED SHALL BE
NON - CONTRIBUTING WITH THE INSURANCE PROVIDED HEREUNDER."
CG 20 10 11 85 Copyright Insurance Services Office, Inc. 1984
0
CNA
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY
ADDITIONAL INSURED
THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING:
BUSINESS AUTO COVERAGE FORM
GARAGE COVERAGE FORM
TRUCKERS COVERAGE FORM
SCHEDULE
NAME: LOCATION
City, its officers, officials, employees and volunteers are to be covered as
additional insured's as respects; liability arising out of activities performed by or
on behalf of Contractor, including the insured's general supervision of
Contractor; products and completed operations of Contractor; premises owned,
occupied or used by Contractor; or automobiles owned, leased, hired or
borrowed by Contractor. The coverage shall contain no special limitations on the
scope of protection afforded to City, its officers, officials, employees or
volunteers.
RE: San Joaquin Hills Road Rehabilitation Project from Jamboree Road
to MacArthur Boulevard (STPLMA- 5151 -(009) and from MacArthur
Boulevard to Marguerite Avenue (STPLMA- 5151 -(009)
WHO IS AN INSURED (SECTION II) IS AMENDED TO INCLUDE AS AN INSURED THE PERSON(S) OR
ORGANIZATION(S) SHOWN IN THE SCHEDULE BUT ONLY WITH RESPECT TO THEIR LIABILITY
ARISING OUT OF:
a) YOUR WORK FOR THE ADDITIONAL INSURED(S) AT THE LOCATION DESIGNATED, OR
b) ACTS OR OMISSIONS OF THE ADDITIONAL INSURED(S) IN CONNECTION WITH THEIR
GENERAL SUPERVISION OF "YOUR WORK" AT THE LOCATION SHOWN IN THE SCHEDULE
FOR CLAIMS ARISING OUT OF OPERATION, MAINTENANCE, OR USE OF A COVERED AUTO.
THIS INSURANCE SHALL BE PRIMARY INSURANCE OVER ANY OTHER INSURANCE AVAILABLE
TO THE SCHEDULED INSURED.
UCA 229
This endorsement is a part of your policy and takes effect on the effective date of your policy, unless another
effective date is shown below:
Must be Completed
Complete Only When This
Endorsement Is Not
Prepared with the Policy Or is
Not to be Effective with
the Policy
Endt No. Policy No.
Issued to
Effective date of
This endorsement
SUA1073288080
R.J. Noble Company
June 17, 1998
Countersigned by: /A
Authorized Representative
G39543A
CkLCOPAP
J i T i R L I p N t 1) 1 u i)
/ORKERS COMPENSATION
and
•
FORM NUMBER
CA1110 VIA COMPfN"TlnN WC-04-03-06 I pis u R X N r( co M P A N V EMPLOYERS LIABILITY INSURANCE POLICY
California
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS
M
We have the right to recover our payments from anyone liable for an injury covered by
this policy. We will not enforce our ri ht against the person(s) or organization(s) named
in the Schedule. (This agreement applies only to the extent that you perform work under
a written contract that requires you to obtain this agreement from us.)
You must maintain payroll records accurately segregating the remuneration of your
employees white engaged in the work described in the Schedule.
The additional premium for this endorsement shall be 5% of the California Workers'
Compensation premium otherwise due on such remuneration.
Minimum Premium: $50
Schedule:
Person or Organization:
.. t. .
City,,its officers, officials, employees and volunteers
Public Works Department
3300 Newport Boulevard
Newport Beach, CA 92658 -8915
RE: San Joaquin Hills Road Rehabilitation Project from Jamboree Road
to MacArthur Boulevard (STPLMA - 5151 -(009) and from MacArthur
Boulevard to Marguerite Avenue (STPLMA -5151 009)
This endorsement changes the policy to which it Is attached and is effective on the date issued unless otherwise stated.
(The information below is required only when this endorsement is issued subsequent to preparation of the p000y.)
Endorsement Effective 61171/ PollcyNo. W987179201
Insured
R.J. NOBLE C PANY (A CORP)
C gnftmvt pr' W111011'i.'O.NIYMIWY.
Date Priil red 06/26/96 (Sys Id 6602)
Endorsement No.
Supercedes
CALCOMP INSURANCE COMPANY
14 "'?r8§r9h,
JUN -23 -99 WED 10:01 AN FAX N0. P. 02/08
,S�CAL-SURANCE
CERTIFICATE OF INSURANCE
CHECKLIST
CITY OF NEWPORT BEACH
THIS CHECKLIST IS COMPRISED OF REQUIREMENTS AS OUTLINED ABY THE CITY OF NEWPORT
BEACH.
DATE RECEIVED OG +� p DEPARTMENT /CONTACT RECEIVED FROM: S'H�WM OYt E1��_
DATE COMPLETED: O ,�9 / SENT TO: Agjgj,,44(h BY: Wilk
CO.VIPANY/PERSON REQUIRED TO HAVE CERTIFICATE: R J• 1UDrB% GAD
GENERAL LIABILITY:
A. INSURANCE CO v PA,NY: L9 9M. /J /AISURA M-
B. AM BEST RATING (A Vll or grcatcr):: %l1_
C. ADMITTED COMPANY. ( Must be California Admitted) Is company admitted in California? Yes____ No
D. LIb[ITS. (Must be 51,000.400 or grater) What is limit provided? �, o0a� tQ
E. PRODUCTS AND COMPLETED OPERATIONS' (Must Include) 1 inelude2 Yes_ No_
F. ADDITIONAL. INSURDED WORDPtJG TO INCLUDE'. ( The City its officers. agents, otTiciats, employees and
volunteers). Is it included? Yes t/ No
G. PRIMARY AND NON CONTRIBUTORY WORDING: (Must be included) Is it ineludcd? Yes ✓ No
H. CAUTION! (Confirm that loss or liability of the Named insured is not limited solely by their negligence.)
Does endorsement include 'solely by negligence" wording? Yes______ No• {
I. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation I
certified trail: per Lauren Farley the City will accept the endeavor wording.
H. AUTOMOBILE LIABILITY
A. INSURANCE COMPANY: L1-E O E 1 gldf�RilL�'E
B. AM BEST RATING (A VII or grcatcr):— : XV
C. ADMITTED COMPANY: (NfUST BF CALIFORNIA ADMITTED) Is company admitted? Yes ✓ No
D. LIN11TS: (Mast be $1,000,000 minimum BI & PD and $500.000 M What is limits provided? j, o0no DG
E. ADDITIONAL INSURED WORDING TO iNCLUDF.: (The City its officers ,agents, officials, employees
vohtnteers). Is it included? Yes ✓ No_
F. PRJMARY AND NON CONTRIBUTORY WORDING: (Must be included). Is it included? Yes_✓ No
G. NOTIFICATION OF CANCELLATION. All houeh there is a provision flat requites notification of cancellation
certified mail; per Lauren Farley the City will accept the endeavor wording.
III. WORKERS COMPENSATION:
A. INSURANCE COMPANY. �R /_1F�tJ P�,ypfpfi�USI,�T/G�(J B. AM BEST RATING (A V Il or greater) ,$1
C. LIMITS: Statutory
D. WAVIER OF SUBROGATION: ( To include). Is it included? Yes ✓ No
HAVE ALL ABOVE REQUIREMENTS BEEN MET? Yes ✓ No
IF NO, WhIC11 ITEMS NEED TO BE COMPLETED? -Mr odJ1.y
L I M!T
JUN -23 -99 WED 10 ;01 AN
FM N0,
0
CAL- SURANCE
COMMERCIAL DEPARTMENT
FAX COVER SHEET
P. 01/08
DATE: 6123/1999
TIME: 9:49 A.M.
TOTAL NO. OF PAGES INCLUDING COVER (8 )
TO FROM
FAX NO.: (949)644331B FAX NO.: (714)939 -1654
COMPANY: City of Newport Beach SENDER: Celia James
ATTENTION: Shauna Oyler PHONE NO.: (714)940 -6828
---------------------------------- --------- ------------- - - - - --
RE: Certificate of Insurance
R.J. Noble Co.
Dear Shauna:
Enclosed is the checked certificate of insurance for R.J. Noble Company. Everything looks fine
with this certificate. As 1 have indicated on the remarks section, Uninsured Motorist limit is not
shown but 1 have called their Insurance Broker who indicated to me that the limit is also
$1,000,000.
Should you have any questions with regards to this certificate, feel free to give me a call.
Thank you.
Celia
333 Oty ❑Outevard We,t, Orangn, CA URG8 • P.O. BOX 7046, Orangc, CA 92.963 7018 - 714 039 0800 • 714 -997 -1661
Page PR -1
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
PROPOSAL
SAN JOAQUIN HILLS ROAD REHABILITATION
CONTRACT NO. 3170
To the Honorable City Council
City of Newport Beach
3300 Newport Boulevard, P. O. Box 1768
Newport Beach, California 92663 -8915
Gentlemen:
The undersigned declares that he has carefully examined the location of the work, has
read the Instructions to Bidders, has examined the Plans and Special Provisions, and
hereby proposes to furnish all materials except that material supplied by the City and shall
perform all work required to complete Contract No. 3170 in accord with the Plans and
Special Provisions, and will take in full payment therefore the following unit prices for the
work, complete in place, to wit:
ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL
AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE
Items No. 1 to No. 14 are for the project between Jamboree Road and MacArthur Blvd.
Lump Sum Mobilization
ONE THOUSAND SEVEN HUNDRED
@ FIVE Dollars
and
NO Cents $ 1,705.00 $ 1,705.00
Per Lump Sum
2. Lump Sum Traffic Control
TWELVE THOUSAND NINE HUNDRED
@ EIGHTY Dollars
and
NO Cents $ 12.980.00 $ 12,980.00
Per Lump Sum
3. 260,000 S. F. Variable Thickness Cold Mill and
Disposal of A.C. Pavement
@ No Dollars
and
TWELVE Cents $ .12 $ 31,200.00
Per Square Foot
Page PR -2
ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL
AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE
4. 34,200 S.Y. Provide and Install Pavement
Re- inforcing Fabric
@ NO Dollars
and
SIXTY TWO Cents
Per Square Yard
5. 2,900 Tons Construct 2" Thick A.C. Pavement
Course
@ TWENTY NINE Dollars
and
NINETY Cents
Per Ton
6. 7,700 C. Y. Remove and Dispose of Top 8.5" of
Existing Pavement Section
@ NINETEEN Dollars
and
NO Cents
Per Cubic Yard
7. 16,500 Tons Construct 8.5" Thick A.C. Pavement
Section
@ TWENTY NINE Dollars
SEVENTY FIVE and
Cents
Per Ton
8. 3,500 S. F. Remove and Replace Existing
P.C.C. Sidewalk
@ FOUR Dollars
and
FORTY FIVE Cents
Per Square Foot
9. 300 L.F. Remove and Replace Existing
P.C.C. Curb and Gutter
@ THIRTY FOUR Dollars
and
SEVENTY FIVE Cents
Per Linear Foot
$ .62 $ 21,204.00
$ 29.90 $ 86,710.00
$ 19.00 $ 146,300.00
$ 29.75 $ 490,875.00
$ 4.45 $ 15,575.00
$ 34.75 $ 10,425.00
Page PR -3
ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL
AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE
10. 12 Each
11. 53 Each
Adjust Manhole Frames and Covers
to Grade
@ THREE HUNDRED TENDollars
and
NO Cents
Per Each
Adjust Utility Valve Boxes and Covers
to Grade
@ TWO HUNDRED SIXTYDOIIars
$ 310.00 $ 3,720.00
TOTAL PRICE FOR ITEMS 1 TO 14 IN WRITTEN WORDS
EIGHT HUNDRED SIXTY SIX THOUSAND
NINE HUNDRED TWENTY FOUR DOLLARS
& NO CENTS
Dollars
and
Cents
$ 866,924.00
Total Price for Items 1 to 14
and
NO Cents
$
260.00
$ 13,780.00
Per Each
12. 90 Each
Install Traffic Signal Detector Loops
@ ONE HUNDRED EIGH d FIVE DOLLARS
ollars
and
NO Cents
$
185.00
$ 16,650.00
Per Each
13. Lump Sum
Install Traffic Striping, Markings,
Markers, Etc.
@ FIFTEEN THOUSAND Dollars
and
NO Cents
$
15,000.00
$ 15,000.00
Per Lump Sum
14. 2 EA
Provide, Install, Maintain, and
Salvage Project Information Sign
@ FOUR HUNDRED Dollars
NO and
400.00
Cents
$
$ Rnn nn
Per Each
TOTAL PRICE FOR ITEMS 1 TO 14 IN WRITTEN WORDS
EIGHT HUNDRED SIXTY SIX THOUSAND
NINE HUNDRED TWENTY FOUR DOLLARS
& NO CENTS
Dollars
and
Cents
$ 866,924.00
Total Price for Items 1 to 14
Page PR -4
ITEM
QUANTITY
ITEM DESCRIPTION AND UNIT
UNIT
TOTAL
AND UNIT
PRICE WRITTEN IN WORDS
PRICE
PRICE
Items No. 15 to No. 28 are for the project between MacArthur Blvd and Marguerite Ave.
15.
Lump Sum
Mobilization
ONE THOUSAND SIX HUNDRED
@ FIFTY Dollars
and NO Cents
$1,650.00
$
1,650.00
Per Lump Sum
16.
Lump Sum
Traffic Control
@ THIRTEEN THOUSAND Dollars
and
NO Cents
$ 13,000.00
$
13,000.00
Per Lump Sum
17.
284,000 S. F.
Cold Mill and Dispose of Top 2"
of Existing A.C. Pavement
@ NO Dollars
and
TWELVE Cents
$ .12
$
34,080.00
Per Square Foot
18.
34,000 S.Y.
Provide and Install Pavement
Re- inforcing Fabric
@ NO Dollars
and
SIXTY TWO Cents
$ •62
$
21,080.00
Per Square Yard
19.
5,100 Tons
Construct 2" Thick A.C. Pavement
Course
@ TWENTY NINE Dollars
and
THIRTY Cents
$ 29.30
$149,430.00
Per Ton
20.
2,400 C. Y.
Remove and Dispose of Top 12" of
Existing Pavement Section
@ NINETEEN Dollars
FIFTY Cents
$ 19.50
$
46,800.00
Per Cubic Yard
Page PR -5
ITEM QUANTITY
ITEM DESCRIPTION AND UNIT
UNIT
TOTAL
AND UNIT
PRICE WRITTEN IN WORDS
PRICE
PRICE
250 L.F.
Remove and Replace Existing
21. 3,900 Tons
Construct 12" Thick A.C. Pavement
P.C.C. Curb and Gutter
Section
@ TWENTY NINE Dollars
@ THIRTY FIVE Dollars
and
EIGHTY Cents
$29.80
$116,220.00
35.00
Per Ton
8,750.00
22. 2,000 S.F.
Remove and Replace Existing
P.C.C. Sidewalk
24.
10 Each
Adjust Manhole Frames and Covers
@ FOUR Dollars
and
to Grade
FORTY FIVE Cents
$ 4.45
$ 8,900.00
Per Square Foot
23.
250 L.F.
Remove and Replace Existing
P.C.C. Curb and Gutter
@ THIRTY FIVE Dollars
and
NO Cents
$
35.00
$
8,750.00
Per Linear Foot
24.
10 Each
Adjust Manhole Frames and Covers
to Grade
@ THREE HUNDRED FIVEDOIIars
and NO Cents
$
305.00
$
3,050.00
Per Each
25.
32 Each
Adjust Utility Valve Boxes and Covers
to Grade
@ TWO HUNDRED SIXTY Dollars
and NO
260.00
8,320.00
Cents
$
$
Per Each
26.
43 Each
Install Traffic Signal Detector Loops
FIVE DOLLARS
@ ONE HUNDRED EIGHTY'Dollars
and
& NO Cents
$
185.00
$
7,955.00
Per Each
i
Page PR -6
ITEM QUANTITY
ITEM DESCRIPTION AND UNIT
UNIT
TOTAL
AND UNIT
PRICE WRITTEN IN WORDS
PRICE
PRICE
I
27. Lump Sum Install Traffic Striping, Markings,
Markers, Etc.
TEN THOUSAND
@FIVE HUNDRED Dollars
and
NO Cents $10,500.00
Per Lump Sum
28. 2 EA Provide, Install, Maintain, and
Salvage Project Information Sign
@ FOUR HUNDRED Dollars
and
NO Cents $400_00
Per Each
TOTAL PRICE FOR ITEMS 15 TO 28 IN WRITTEN WORDS
FOUR HUNDRED THIRTY THOUSAND Dollars
and
$10,500.00
$ 800.00
FIVE HUNDRED THIRTY FIVE DOLLARS Cents $ 430,535.00
& NO CENTS Total Price for Items 15 to 28
TOTAL PRICE FOR BOTH PROJECTS IN WRITTEN WORDS
ONE MILLION, TWO HUNDRED NINETY
SEVEN THOUSAND, FOUR HUNDRED FIFTY Cents $ 1,297,459.00
NINE DOLLARS & NO CENTS Total Price for Both Projects
Bidder's Name R. J. NOBLE COMPANY
Bidder's Address 15505 E. Lincoln Avenue
Orange, CA. 92865
Bidder's Telephone Number 714- 637 -1550
Contractor's License No. &
May 27, 1999
Date
A- 121735 A
Page: 1 of 1
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
U
i
\L 1 Fp RN/
n
ADDENDUM NO. 1
SAN JOAQUIN HILLS ROAD REHABILITATION PROJECT
FROM JAMBOREE ROAD TO MACARTHUR BLVD
(STPLMA -5151- (008))
AND
FROM MACARTHUR BLVD TO MARGUERITE AVENUE
(STPLMA -5151- (009))
CONTRACT NO�317700%�
DATE: May 18, 1999 BY: t � /IN
ublic Works Director
TO: ALLPLANHOLDERS
1. Replace Federal Prevailing Wage Rates labelled "GENERAL DECISION CA990035
03/12/99 CA35" with the attached "GENERAL DECISION CA990035 04/16/99 CA35"
Bidders must sign this Addendum No. 1 and attach it to the bid proposal. No bid
will be considered unless this signed Addendum No. 1 is attached.
I have carefully examined this Addendum and have
included full payment in my Proposal.
R. J. NOBLE COMPANY
Bidder's Name (Please Print)
ft i s_11sys\userslp bwls h a redlco ntra cts1991sa n
SECRETARY
•
•
1
TO: Mayor and Members of the City Council
FROM: Public Works Department
SUBJECT: SAN JOAQUIN HILLS ROAD REHABILITATION
AWARD OF CONTRACT NO. 3170
RECOMMENDATIONS:
June 14, 1999
CITY COUNCIL AGENDA
ITEM NO. 13
APPROVED—.
C. 31 go tt� A -0T-1
1. Approve the plans and specifications for San Joaquin Hills Road from Jamboree
Road to MacArthur Boulevard ((Federal Authorization No. STPLMA- 5151 - (008))
and for San Joaquin Hills Road from MacArthur Boulevard to Marguerite Avenue
(Federal Authorization No. STPLMA -5151- (009)).
2. Award Contract No. 3170 to R.J. Noble Company for the Total Bid Price of
$1,297,459 ($866,924 for STPLMA- 5151 -(008) and $430,535 for STPLMA -5151-
(009)), and authorize the Mayor and the City Clerk to execute the contract.
3. Establish an amount of $129,000 ($86,000 for STPLMA- 5151 -(008) and $43,000
for STPLMA- 5151 - (009)) to cover the cost of material testing and unforeseen
work.
4. Authorize a budget amendment to appropriate $258,368 of Federal Highway
AHRP Funds (STPLMA05151- (008)) in a newly established account 7285 -
05100396.
5. Authorize a budget amendment to appropriate $190,955 of Federal Highway
AHRP Funds (STPLMA05151- (009)) in a newly established account 7285 -
05100494.
6. Establish Gas Tax Account No. 7181- C5100494 for STPLMA- 5151 - (009).
7. Authorize a budget amendment to transfer $282,580 from Gas Tax Account No.
7181- C5100396 into Account No. 7181- C5100494.
BACKGROUND:
During May 1998, staff submitted four (4) applications to the Orange County
Transportation Authority (OCTA) to compete against other Orange County agencies for
federal funds available through the Federal Highway Administration (FHWA) Arterial
SUBJECT: SAN JOAQUIN HIL&AD REHABILITATION, CONTRACT NO. 3170 -A OF CONTRACT
June 14, 1999
Page: 2
Highway Rehabilitation Program (AHRP) to share the cost of rehabilitating certain •
arterial roadways in the City.
During August 1998, the OCTA Board of Directors approved the City's FY 1998 -99
applications which included: San Joaquin Hills Road from Jamboree Road to MacArthur
Boulevard, Jamboree Road from Coast Highway to San Joaquin Hills Road, and Irvine
Avenue from Santiago Drive to Tustin Avenue. The Board also approved a project for
FY 1999 -00 which is San Joaquin Hills Road from MacArthur Boulevard to Marguerite
Avenue. Since the approved San Joaquin Hills Road projects are adjacent to each
other, staff requested that OCTA advance the FY 1999 -00 funding to FY 1998 -99 so as
to take advantage of the reduced unit costs typical of large construction projects and to
minimize the impact to the public. The OCTA Board agreed.
While OCTA selects the projects to be funded by AHRP, the project advertisement and
funding authorizations and reimbursements from FHWA are handled through Caltrans.
DISCUSSION:
At 11:00 A.M on May 27, 1999, the City Clerk opened and read the following bids for
this project:
BIDDER TOTAL BID AMOUNT
Low R.J. Noble Company of Orange $1,297,459.00 •
2 All American Asphalt of Corona $1,353,590.00
3 Excel Paving Company of Long Beach $1,388,388.00
4 Sequel Contractors, Inc. of Downey $1,393,900.00
5 Griffith Company of Santa Ana $1,410,730.00
The low total bid amount is 14% below the Engineer's Estimate of $1,500,000. The low
bidder, R.J. Noble Company, possesses a General Engineering Contractor's "A"
License as required by the project specifications. R.J. Noble has satisfactorily
completed similar pavement rehabilitation projects for the City.
Staff prepared the project plans and specifications. This project provides for the cold
milling of asphalt concrete pavement; removal of pavement material; installation of
pavement reinforcing fabric; placement of asphalt concrete; reconstruction of concrete
sidewalk; replacement of traffic signal detector loops; installation of new traffic striping
and pavement markers; and the temporary installation of 2 project information signs for
each project as required by the FHWA.
To minimize inconvenience to the public, R.J. Noble is required not to close more than
one traffic lane in either direction before 9:00 a.m. nor after 3:00 p.m. All removals must
be reconstructed on the same day. All construction work must be completed within 45
consecutive working days. •
\ \MIS 1 \SYS \Users \PBW\Shared \COUNCIL \FY98- 99\June- 14 \SJHR Rehab C- 3170.dm
+ SUBJECT: SAN JOAQUIN HILLADAD REHABILITATION, CONTRACT NO. 3170 - AWOF CONTRACT
June 14, 1999
Page: 3
. Funding for work from Jamboree Road to MacArthur Boulevard (Federal Authorization
No. STPLMA- 5151 - (008)) is proposed as follows:
Account Number Account Description Amount
7281- C5100396 Measure M Turn -back $512,500
7285- C5100396 FHWA AHRP Participation $258,368
7181- C5100396 Gas Tax $182,056
Total: $952,924
Funding for work from MacArthur Boulevard to Marguerite Avenue (Federal Authorization
No. STPLMA- 5151 - (009)) is proposed as follows:
Account Number Account Description Amount
7285- C5100494 FHWAAHRP Participation $190,955
7181- C5100494 Gas Tax $282,58 0
Total: $473,535
Respectfully submitteld,,I j
PUBL C WORKS DEPARTMENT
Don Webb, Director
i
Fo g Ts .E.
Project Engineer
Attachment: Project Location Maps
Bid Summary
Budget Amendment
11
\ \MIS_1 \SYS \UsersWBW\Shared \COUNCIL \FY98- 99Vune- 14 \SJHR Rehab C- 3170.doc
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C* of Newport Beach NO. BA- 074
BUDGET AMENDMENT
1998 -99 AMOUNT: Ezs2,sao.00
'ECT ON BUDGETARY FUND BALANCE:
X Increase Revenue Estimates Increase in Budgetary Fund Balance
X Increase Budget Appropriations AND Decrease in Budgetary Fund Balance
X Transfer Budget Appropriations PX No effect on Budgetary Fund Balance
X from existing budget appropriations
from additional estimated revenues
from unappropriated fund balance
eVMI AI.IATIf1A1-
This budget amendment is requested to provide for the following:
To transfer from Gas Tax to partially fund MacArthur Boulevard to Marguerite Avenue rehabilitation and to appropriate funds from
tha Federal Hinhwav Administration (FHWA) Arterial Highway Rehabilitation Program (AHRP) to fund the remainder. To appropr
funds from the FHWA AHRP to partially fund the Jamboree to MacArthur Blvd portion. There are no prior budget amendments.
ACCOUNTING ENTRY:
Amount
BUDGETARY FUND BALANCE Debit Credit
Fund Account Description
010 3605 Unappropriated Fund Balance '
REVENUE APPROPRIATIONS (3601)
Fund /Division
Account
Description
285
4880
Federal Highway Funds $449,323.00
EXPENDITURE APPROPRIATIONS (3603)
Description
Division
7181
Gas Tax
Account
C5100396
San Joaquin Hills Rd Rehabilitation Jambor $282,580.00
Division
7181
Gas Tax
Account
C5100494
San Joaquin Hills Rd- MacArthur /Marguerite
$282,580.00
Division
7285
AHRP
Account
C5100396
San Joaquin Hills Rd Rehabilitation Jamboree
258,368.00
Division
7285
AHRP
Account
C5100494
San Joaquin Hills Rd- MacArthur /Marguerite
$190,955.00
Signed:
Si -red:
Division
Account
i
City Council Approval: City Clerk
Automatic
'Date
41,10'110V
ate
Date
0
0
-� Cio of Newport Beach(* NO. BA- 074 I
BUDGET AMENDMENT
1998 -99 AMOUNT: Ez82,sao.00
ECT ON BUDGETARY FUND BALANCE:
X1 Increase Revenue Estimates Increase in Budgetary Fund Balance
X Increase Budget Appropriations AND Decrease in Budgetary Fund Balance
X Transfer Budget Appropriations X No effectTrft4ryfypdrQalartcel
from existing budget appropriations
X from additional estimated revenues
from unappropriated fund balance
EXPLANATION:
A14
This budget amendment is requested to provide for the following:
To transfer from Gas Tax to partially fund MacArthur Boulevard to Marguerite Avenue rehabilitation and to appropriate funds from
the Federal_ Highway Administration (FHWA) Arterial Highway Rehabilitation Program (AHRP) to fund the remainder. To appropriate
funds from the FHWA AHRP to partially fund the Jamboree to MacArthur Blvd portion. There are no prior budget amendments.
ACCOUNTING ENTRY:
BUDGETARY FUND BALANCE
Fund
Account
Description
010
3605
Unappropriated Fund Balance
REVENUE APPROPRIATIONS (3601)
C5100396
Fund /Division
Account
Description
285
4880
Federal Highway Funds
EXPENDITURE APPROPRIATIONS (3603)
Signed:
Amount
Debit Credit
$449,323.00
Account C5100494 San Joaquin Hills Rd- MacArthur /Marguerite
Division
Account
S; -red: Ae7Ll J [I , Nag( l"C
City Council Approval: City Clerk
$282,580.00
258,368.00
$190,955.00
Date
ate
-N.- %9
Date
Description
Division
7181
Gas Tax
Account
C5100396
San Joaquin Hills Rd Rehabilitation Jambor $282,580.00
Division
7181
Gas Tax
Account
C5100494
San Joaquin Hills Rd- MacArthur /Marguerite
Division
7285
AHRP
Account
C5100396
San Joaquin Hills Rd Rehabilitation Jamboree
Division
7285
AHRP
Account C5100494 San Joaquin Hills Rd- MacArthur /Marguerite
Division
Account
S; -red: Ae7Ll J [I , Nag( l"C
City Council Approval: City Clerk
$282,580.00
258,368.00
$190,955.00
Date
ate
-N.- %9
Date
CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
(949) 644 -3005
August 18, 1999
Griffith Company
2020 South Yale Street
Santa Ana, CA 92704
Gentlemen:
Thank you for your courtesy in submitting a bid for the San Joaquin Hills Road
Rehabilitation from Jamboree Road to MacArthur Boulevard and MacArthur Boulevard
to Marguerite Avenue Projects (Contract No. 3170) in the City of Newport Beach.
Enclosed is the Bid Bond which accompanied your proposal for the above mentioned
project. Your cooperation in working with us on this matter is greatly appreciated, and
we hope that you will accept future opportunities to bid on projects of a similiar nature.
Enclosure
Sincerely,
LaVonne M. Harkless, CMC /AAE
City Clerk
3300 Newport Boulevard, Newport Beach
0 0
CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
(949) 644 -3005
August18,1999
Sequel Contractors, Inc.
12240 Woodruff Avenue
Downey, CA 90241
Gentlemen:
Thank you for your courtesy in submitting a bid for the San Joaquin Hills Road
Rehabilitation from Jamboree Road to MacArthur Boulevard and MacArthur Boulevard
to Marguerite Avenue Projects (Contract No. 3170) in the City of Newport Beach.
Enclosed is the Bid Bond which accompanied your proposal for the above mentioned
project. Your cooperation in working with us on this matter is greatly appreciated, and
we hope that you will accept future opportunities to bid on projects of a similiar nature.
Enclosure
Sincerely,
LaVonne M. Harkless, CMC /AAE
City Clerk
3300 Newport Boulevard, Newport Beach
CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
(949) 644 -3005
August 18, 1999
Excel Paving Co.
P.O. Box 16405
Long Beach, CA 90806 -5195
Gentlemen:
Thank you for your courtesy in submitting a bid for the San Joaquin Hills Road
Rehabilitation from Jamboree Road to MacArthur Boulevard and MacArthur Boulevard
to Marguerite Avenue Projects (Contract No. 3170) in the City of Newport Beach.
Enclosed is the Bid Bond which accompanied your proposal for the above mentioned
project. Your cooperation in working with us on this matter is greatly appreciated, and
we hope that you will accept future opportunities to bid on projects of a similiar nature.
Enclosure
Sincerely,
LaVonne M. Harkless, CMCIAAE
City Clerk
3300 Newport Boulevard, Newport Beach
9 i
CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
(949) 644 -3005
August 18, 1999
All American Asphalt
P.O. Box 2229
Corona. CA 91718 -2229
Gentlemen:
Thank you for your courtesy in submitting a bid for the San Joaquin Hills Road
Rehabilitation from Jamboree Road to MacArthur Boulevard and MacArthur Boulevard
to Marguerite Avenue Projects (Contract No. 3170) in the City of Newport Beach.
Enclosed is the Bid Bond which accompanied your proposal for the above mentioned
project. Your cooperation in working with us on this matter is greatly appreciated, and
we hope that you will accept future opportunities to bid on projects of a similiar nature.
Enclosure
Sincerely,
LaVonne M. Harkless, CMC /AAE
City Clerk
3300 Newport Boulevard, Newport Beach