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Home My WebLink AboutC-3373 - Newport Boulevard from 26th Street to 16th Street and Balboa Boulevard from 12th Street to Medina Way Rehabilitation - Professional Services AgrCITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK LaVonne M. Harkless, MMC November 29, 2004 Sully Miller Contracting 1100 E. Orangethorpe Ave., Suite 200 Anaheim, CA 92801 Subject: Newport Boulevard/ Balboa Boulevard - 261' Street to 16th Street (C -3373) To Whom It May Concern: On November 25, 2003, the City Council of Newport Beach accepted the work of the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 35 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code and to release the Faithful Performance Bond one year after Council acceptance. The Labor & Materials Bond was released on January 13, 2004. The Surety for the contract is Liberty Mutual Insurance Company, and the bond number is 014- 012 -193. Enclosed is the Faithful Performance Bond. Sincerely, LaVonne M. Harkless, MMC City Clerk cc: Public Works Department R. Gunther, Project Manager enclosure 3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, California 92658 -8915 Telephone: (949) 644 -3005 • Fax: (949) 644 -3039 • www.city.newport- heach.ca.us • . EXECUTED IN FOUR COUNTERPARO * CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT NEWPORT BOULEVARD / BALBOA BOULEVARD ROADWAY & STORM DRAIN REHABILITATION CONTRACT NO. 3373 BOND NO. 014 -012 -193 FAITHFUL PERFORMANCE BOND The premium charges an this Bond is $ 8,837.00 being at the rate of $ 5.00 * thousand of the Contract price. WHEREAS, the City Council of the City pf Newport Beach, State of California, by motion adopted, awarded to Sully Miller Contracting* hereinafter designated as the "Principal', a contract for construction of NEWPORT BOULEVARD / BALBOA BOULEVARD ROADWAY & STORM DRAIN REHABILITATION, Contract No. 3373 in the City of Newport Beach, in strict conformity with the plans, drawings, specifications, and other Contract Documents maintained in the Public Works Department of the City of Newport Beach, all of which are incorporated herein by this reference. WHEREAS, Prncipal has executed or is about to execute Contract No. 3373 and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract; NOW, THEREFORE, we, the Principal, and Liberty Mutual Insurance Company duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety "), are held and firmly bound unto the City of Newport Beach, in the sum of one million, seven hundred sixty -seven thousand, three hundred sixty- five and 001100 Dollars ($1,767,365.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our.heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the Ctty of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. * First $500,00 and next $2,000,000.00 * * Company 65 As a pan of the obligation secured hereby, and In addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by the City, only in the event the City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or to the specifications accompanying the same shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by the City. In the event that the Principal executed this bond as an individual, It is agreed that the death of any such Principal shall not exonerate the Surely from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 10th day of December '2002.j Sully- Miller Contracting Company Sully Miller Contracting (Principal) Liberty Mutual Insurance Company Name of Surety 8044 Montgomery Rd Ste 626W Cincinnati, OH 45236 Address of Surety (800) 759 -0559 _ Telephone Authorized RON SALCIDO, Agent Sig Teresa I. Ja Print Name and Attorney -in -Fact NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED M State of California ) ss. County of Orange ) E On 12/10/02 before me, DIANE INGRAM - NOTARY PUBLIC (Name and title "Notary Public "), personally appeared RON SALCIDO name of signer, (X) personally known to me(or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that be executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. DIANE INGRA — N TARY PUBLIC (Signature of Notary) (Sea] of Notary) Description of Attached Document Title of Type of Document ENTIRE CONTRACT AND BONDS CIO NEWPORT BCH Document Date: Number of Pages: Signer Other Than Named Capacity Claimed by Signer Signer's Name: RON SALCIDO Individual X Corporate Officer— Title: VICE PRESIDENT ❑ Partner - ❑ Limited ❑ General ❑ Attorney_ in Fact C Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: SULLY - MILLER CONTRACTING COMPANY i STATE OF California CO LINTY OF December 10, 2002 PERSONALLYAPPEARED before me, Teresa I. Jackson personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons) whose name(s) islare subscribed to the within instrument and acknowledged to me that helshelthey executed the same in hislherltheir authorized capacity(ies), and that by his/her /their signature(s) on the instrument the persons), or the entity upon behalf of which the persons) acted, executed the instrument. WITNESS my hand and official seal. Signature l SS. Nine OPTIONAL 0 Public This area for Official Notarial Seal Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL 0 ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN /CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSONS) OR ENTIT4 IES) Liberty Mutual Insurance Company DESCRIPTION OF ATTACHED DOCUMENT Faithful Performance Bond TITLE OF TYPE OF DOCUMENT Two NUMBER OF PAGES December 10, 2002 DATE OF DOCUMENT ID -1232 (REV. 5101) ALL - PURPOSE ACKNOWLEDGEMENT NIRIA TAPIA COMM. #129_'351 _ g : °s 3 v%R NOTARY PUBLIC CkUPvn Poi.. ORANGE uk)UN v i MY Comm. Exp. Feb. 8, 2 005 This area for Official Notarial Seal Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL 0 ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN /CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSONS) OR ENTIT4 IES) Liberty Mutual Insurance Company DESCRIPTION OF ATTACHED DOCUMENT Faithful Performance Bond TITLE OF TYPE OF DOCUMENT Two NUMBER OF PAGES December 10, 2002 DATE OF DOCUMENT ID -1232 (REV. 5101) ALL - PURPOSE ACKNOWLEDGEMENT I HIS POWER OF ATTORNEY IS NOT VALID IT IS PRINTED ON RED BACKGROUND. 1077702 This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the - extent herein stated. - - LIBERTY MUTUAL INSURANCE. COMPANY .BOSTON, MASSACHUSETTS. POWER OF ATTORNEY ' - - _ KNOW ALL PERSONS BY THESE PRESENTS: - - -, That Liberty Mutual Insurance Company (the Company "), a Massachusetts' mutual Insurance company; pursuant 16 -and; by authority of the By -law and Authorization hereinafter set fonh does hereby'name; constitute and appolnt'TERESA L JACKSON, VICTORIA VOORHEES, JOHN D.. MILLER, j CHRISTINE MAESTAS ALL QF'THECITY OF SANTA ANA, STATE OF CALIFORNIA ...r.:.. . each individually if there be more than one named, its true and "lawful attomey In -fact to make, execute seal; acknowledge!and deliver, for and on its behalf as surety and as iIs�act and deed, any and a9 undertakings, bonds ;recognizances andpiher surety: obligations. in the penal sum not exceeding ONE.HUNDRED MILLION AND 00 /J00* * * * * ** * * * * ** * * **** DOLLARS( $: 100,000,00000 * *. each, . and the execution of such undertakings, bonds, recognzances and. other surety obligations, in ` pursuance of these presents shall be as binding upon the Company as'rf they had been duty - signed by the president and attested by the secretary of the Company in'tneir own proper. persons. .. - That this power is made and executed pursuant to and by authority of the,following By -law and Authorization: - - : - m 0. - ARTICLE XVI'- Execution. of Contracts: Section 5. Surety - Bonds.and Undertakings. - - - - y of Any officer or other official of the company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the or e rri• chairman the president may prescribe, shall appoint such attorneys -m -fact, as may be.necessary to act in behalf of the company to make, - - M ) CO E. execute, seal, acknowledge: and deliver as surety any and all undertakings, bond's, mcognizances and other surety' obligations: ,Such attorneys -in- fact, subject, to the limitations set forth in their respective. Y m m powers of attorney,. shall have full power to bind' the company by their signature and - execution of, any such instruments and. to attach thereto the'seaf of the company:: When so executed such instruments shall be r binding as if Ti C Cal -a signed by the president and attested by the secretary. - - - - - - - - — _ 'm v y By the following instrument the chairman orthe president has authorized the officer or other official named therein to appoint attorneys -in -fact 0: O? �- _ - Pursuant to Article XVI, Section 5 of the. By -laws, Timothy C. Mulloy, -an official of Liberty Mutual Insurance': Company, is hereby authorized to appoint such attorneys -in -fact as may be. -make, En y W. `� 'E M riecessary to act in behalf of the company to execute, seal, acknowledge and deliver as surety any and all 0 CL at 'O- undertakings, bonds, recognizances and other surety obligations. All Powers of Attorney attested to or executed by Timothy C. Mulloy in his capacity of Q o to �; as an officer or official Liberty Mutual Insurance Company, whether before, on or after the date of this.Authorization, including- without. limitation - Powers of Attorney attested to or executed as Assistant Secretary of Liberty Mutual - —L Insurance Company, are hereb ratified and approved. - _ _ _ Y PProved. L � to O: That the By -law and the Authorization set fort h above are true cup ies thereof and are now in full force and effect 3v C m IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized . officer' or official of the Company and the corporate seal of Liberty .Mutual Insurance Company has been affixed thereto in Plymouth Meeting, Pennsylvania - .L o. IM U) this - 13Ld —_ day of July Poo;) IM d - - - '.LIBERTY MUTUAL INSURANCE COMPANY - o r- 0 - �\ _. _ ._ _ - -� m E C - - - - TimofFyb C.Mull - ssistantSecm r - - COMMONWEALTH OF PENNSYLVANIA - as � - . >M o � COUNTY OF MONTGOMERY d °a > y. ` On this 8 G day of „hefore me, a Notary Public personally: Game Timothv C MulloV, ta'me'known, and acknowledged that he is an official of Liberty Mutuaf Insurance Company; that he -knows the seal of said cuporahon and that he execute the above :_cm C Power of Attorney and affixed the corporate seal of Liberty Mutual Insurance Company thereto with th@ authonty Andatythe direction of. said corporation. v IN TESTIMONY WHE �,1 - unto subscribed my name and affuced my;notanaf seaf'at Plymouth Meeting, Pennsylvania, on the day and year first above rp. ~ T' Written. - - tilCC�,'pNtCN 4 - OF Public ='. - CERTIRCATE :.,,Notary : - - - 1, the undersigned, Assists -�` ry;ef ti Mutual Insurance Company, do hereby certify that the original power of attorney of which the. foregoing is a full, true' and. correct copy, is in full force and effect on a e of this certificate, and too further certify that the officer or official who "cooled the said power of attorney was One Of the officers or officials specially authorized by the chairman or the president to appoint attorneys -in -fact as provided in Article XVI, Section Soil the By- lawsotLiberty Mutual Insurance Company, This certificate and the above power oe attorney may be signed by facsimile of mechanically reproduced signatures under. and by authority of the following vote of the. board of directors of Liberty Mutual Insurance Company at ameeting duly called and held on the 12th day of March, 1980. - - - VOTED that the facsimile or mechanically reproduced srgnature'of any assistant secretary of the company, wherever appearing upon a certified copy of anyeower of attorney issued by the company in connection with surety. bonds, shall de valid_arid.binding. upon the company with thesoine force and effect as though manually affixed: . IN TESTIMONY WHEREOF, I have hereunto subscribed:my name and affixed the corporate seat of thesaid company, this _ LOih day of December 2002 P1jz , ' �i : ' -:jM F. X. Hae- ,.ASSisfant Secretary ' • • ral OFFICE OF THE CITY CLERK LaVonne M. Harkless, CMC January 13, 2004 Sully Miller Contracting 1100 E. Orangethorpe Ave., Ste. #200 Anaheim, CA 92801 Subject: Newport Boulevard/ Balboa Boulevard - 261h Street to 1611, Street (3373) To Whom It May Concern: On November 25, 2003, the City Council of Newport Beach accepted the work of the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 35 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code, and to release the Faithful Performance Bond one year after Council acceptance. The Notice of Completion was recorded by the Orange County Recorder on December 9, 2003, Reference No. 2003001463828. The Surety for the contract is Liberty Mutual Insurance Company, and the bond number is 014 -012 -193. Enclosed is the Labor & Materials Payment Bond. Sincerely, LaVonne M. Harkless, CMC City Clerk cc: Public Works Department R. Gunther, Project Manager encl. 3300 Newport Boulevard • Post Office Box 1768, Newport Beach. California 92658 -8915 Telephone: (949) 644 -3005 Fax: (949) 644 -3039 www.city.newport- beach.ca.us • * EXECTED IN FOUR COUNTERPARTS CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT NEWPORRT BOULEVARD t BALBOA BOULEVARD ROADWAY & STORM DRAIN REHABILITATION Premium: Included in CONTRACT NO. 3373 Charge for Performance Bond. BOND NO. 014 -012 -193 LABOR AND MATERIALS PAYMENT ROND WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, has awarded to Sully Miller Contracting;` hereinafter designated as the "Principal," a contract for construction of NEWPORT BOULEVARD 1 BALBOA BOULEVARD ROADWAY & STORM DRAIN REHABILITATION, Contract No. 3373 in the City of Newport Beach, in strict conformity with the plans, drawings, specifications and other Contract Documents in the office of the Public Works Department of the City of Newport Beach, all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute Contract No. 3373 and the terms thereof require the furnishing or a bond, providing that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the work agreed to be done, or for any work or tabor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth: NOW, THEREFORE We the undersigned Principal, and, Liberty Mutual Insurance Company duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety") are held firmly bound unto the City of Newport Beach. in the sum of one million, seven hundred sixty -seven thousand, three hundred sixty -five and 001100 Dollars ($1,767,365.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used In, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and tabor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorney's fee, to be fixed by the Court as required by the provisions of Section 3250 of the Civil Code of the State of California. *Company 63 0 0 The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 3181 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with The provisions of Sections 3247 et. seq. of the Civil Cade of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the work or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such'principa( shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the 10th day of __December - ^ zCK)Z\ Sully- Miller Contracting Company Sully Miller Contracting (Principal) Liberty Mutual Insurance Company Name of Surety 8044 Montgomery Rd Ste 626W Cincinnati, OH 45236 Atldress of Surety (800) 759 -0559 Telephone Teresa 1. Jackson, Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 64 State of California ) ) ss. County of Orange ) On 12/10/02 before me, DIANE INGRAM - NOTARY PUBLIC (Name and title "Notary Public "), personally appeared RON SALCIDO name of signer, (X) personally known to me(or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. (Signature of Notary) (Seal of Notary) DIY : • < OPTIONAL Description of Attached Document Title of Type of Document ENTIRE CONTRACT AND BONDS C/O NEWPORT BCH Document Signer Other Tban Named Above: None Capacity Claimed by Signer Signer's Name: RON SALCIDO Individual X Corporate Officer— Title: VICE PRESIDENT ❑ Partner - ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: umber of Pages: Signer is Representing SULLY- MILLER CONTRACTING COMPANY 0 0 STATE OF California SS. COUNTYOF Orange December 10, 2002 , before me, Nina Tapia, Notary Public PERSONALLY APPEARED Teresa I. personally known tome (or proved to me on the basis of satisfactory evidence) to be the persons) whose name(s) islare 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 persons), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature OPTIONAL NIRIA TAPII COMM. # 12 93351 g =mW •^ NOTARY PUBLIC- CALiFUNN1Ac 3 ' ORANGE COUNTY My Comm. Esp. Feb. B. 2005 This area for Official Notarial Sea( Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ® ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN /CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(SI OR EWR`oQES) Liberty Mutual Insurance Company DESCRIPTION OF ATTACHED DOCUMENT Labor and Materials Payment Bond TITLE OF TYPE OF DOCUMENT Two NUMBER OF PAGES December 10, 2002 DATE OF DOCUMENT Sully - Miller Contracting Company SIGNER(S) OTHER THAN NAMED ABOVE ID -1232 (REV. 5101) ALL - PURPOSE ACKNOWLEDGEMENT 0 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Recorded in OfficiRecords County of Orange Tom Daly, Clerk- Recorder IIIIIIII !LIIIIIIIIIIII!IIIIIIINIIIII 111111 !I!Ili'lll!!!IIIIIIII!II!NO FEE 117 92 N12200300146382812:25pm 12/09/03 0 0 0.00 0.00 o.00 0.00 0.00 0.00 0.00 "Exempt from recording fees pursuant to Government Code Section 6103" NOTICE OF COMPLETION !4 NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and Sully - Miller Contracting Company of Anaheim, California, as Contractor, entered into a Contract on December 17, 2002. Said Contract set forth certain improvements, as follows: Newport Boulevard /Balboa Boulevard — 26 h Street to 16`h Street (C -33731 Work on said Contract was completed on Seotember 19 2003, and was found to be acceptable on November 25, 2003, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Liberty Mutual Insurance Company. VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. rr 1 1 , Executed on jV�V{,MI'y(i✓ �VW/ yV�� , at Newport Beach, California. BY Lvtn X.JJ� F �4. o. City Clerk CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK LaVonne M. Harkless, CMC November 26, 2003 Orange County Recorder P. O. Box 238 Santa Ana, CA 92702 RE: Notice of Completions for: Newport Boulevard /Balboa Boulevard — 26" Street to 16" Street (C- 3373); Fire Station No. 3 Pavement Reconstruction (C- 3605); Ocean Front Beach Access Walkways (C- 3378); and Harbor View Nature Park — Miscellaneous Slope Repairs (C -3567) Please record the four enclosed documents and return them to the City Clerk's Office. Thank you. Sincerely, LaVonne M. Harkless, CMC City Clerk Enclosures 3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, California 92658 -8915 Telephone: (949) 644 -3005 - Fax: (949) 644 -3039 - www.city.newport- beach.ca.us RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Exempt from recording fees 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 Hillcrest Contracting, Inc. of Corona, California, as Contractor, entered into a Contract on June 10 2003. Said Contract set forth certain improvements, as follows: Fire Station No. 3 Pavement Reconstruction (C -3605) Work on said Contract was completed on September 19, 2003, and was found to be acceptable on November 25. 2003, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Fidelity and Deposit Company of Maryland. VERIFICATION certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. p� /I^/ �,{� Executed on �Ourlgz ' , at Newport Beach, California. BY ��nnw il31 d1 e, City Clerk ?" C9 <l F00.1��P , CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 3 November 25. 2003 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY FROM: Public Works Department R.Gunther, P.E. 949 - 644 -3311 rgunther@city.newport-beach.ca.us SUBJECT: NEWPORT BOULEVARDIBALBOA BOULEVARD — 26TH STREET TO 16TH STREET - COMPLETION AND ACCEPTANCE OF CONTRACT NO. 3373 RECOMMENDATIONS: 1. Accept the work. 2. Authorize the City Clerk to file a Notice of Completion. 3. Authorize the City Clerk to release the Labor and Materials bond 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code. 4. Release the Faithful Performance Bond 1 year after Council acceptance. 5. Authorize a contract for $77,430 with Asbury Environmental Services (AES) to install the 58 Ultra Urban Filters that were deleted from this project through Change Order No. 4. DISCUSSION: On December 17, 2002, the City Council authorized the award of the Newport Boulevard /Balboa Boulevard Roadway and Storm Drain Rehabilitation contract to Sully Miller Contracting Company (Sully Miller) of Anaheim, California. The contract provided for the rehabilitation of the roadway with new asphalt pavement underlain by glass -grid fabric. The work also included the installation of new storm drains, storm drain inlets, and the construction of new and widened sidewalks. 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: $1,767,365.00 Actual amount of bid items constructed: $1,386,747.86 Total amount of change orders: $58,547.66 Final contract cost: $1,445,295.52 SUBJECT: Newport Boulevard /B Boulevard — 26" Street To 16" Street - Completion Acceptance Of Contract No. 3373 November 25, 2003 Page 2 The decrease in the amount of actual bid items constructed under the original bid amount resulted from the decrease in quantities for asphalt base, surface course, and the deletion of the storm drain filter systems. The final overall construction cost including Change Orders was 18.22 percent under the original bid amount. This project was approved by the Orange County Transportation Authority for competitive Federal Arterial Highway Rehabilitation Program (AHRP) funds. The funding obligation and reimbursement from the Federal Highway Administration are processed through Caltrans. A total of four Change Orders totaling $58,547.66 were issued to complete the project. They were as follows: 1. A Change Order in the amount of $44,219.16 provided addional street reconstruction, storm drain additions, rail -bed removal and miscellaneous extra work. 2. A Change Order in the amount of $10,394.70 provided pavement reinforcing removal and replacement. 3. A Change Order in the amount of $3,933.80 provided additional construction survey work. 4. A final Change Order deleted bid item 14 for the storm drain filter systems (deletion of $87,000.00), which are proposed to be done by another separate contract. Staff recommends that the storm drain funds deleted from the contract be used to contract with AES to install the Ultra Urban Filter Systems in the storm drain inlets along the project. These are very specialized items which require a specialized contractor for production and installation. Sully Miller had subcontracted with AES to install the catch basin filters for $87,000. The filters were to be the standard basket -type made of stainless steel with the standard Ultra Urban Filters. During construction, it was discovered that the standard filters would not fit into the shallow storm drain inlets. Therefore a modified system was installed during this past summer. This system was part stainless steel and part painted metal and was not acceptable to the City. Meanwhile, all of the other work was Completed by Sully Miller and is ready for acceptance. Sully Miller requested that the City accept all of the completed work and delete the catch basin filters from their contract. AES and the City agreed to do this as long as AES would remove and replace the non - stainless steel parts with stainless steel under a separate contract to be approved by the City Council. AES would also upgrade the filters to the Smart Sponge with an antimicrobial agent, which is designed to capture bacteria. City staff has prepared a contract to accomplish the work with AES for $77,430, which is about $10,000 less than the bid amount of Sully Miller. Staff recommends approval of the contract with AES and to fund it through the cost savings in the Storm Drain Account No. 7012- C5100008. SUBJECT: Newport Boulevard /�a Boulevard — 26'" Street To 16'" Street - Complet�d Acceptance Of Contract No. 3373 November 25, 2003 Page 3 Funds for the project were expended from the following accounts: Description Measure -M Turnback AHRP AB2928 Storm Drain Improvements Sidewalk, Curb and Gutter Account No. 7281- C5100593 7285- C5100593 7191- C5100593 7012- C5100008 7013- C5100020 Total Amount $270,138.06 $435,773.40 $361,928.96 $300,433.10 $77,022.00 $1,445,295.52 Asphalt paving was completed on May 30, 2003, the original completion date. All other work was completed on September 19, 2003, the revised completion date. Environmental Review: Per Federal funding requirements, a negative archaeological and historicicultural study and report was completed for this project. A categorical exemption was issued for the work. No other environmental reviews were required. Prepared by: l'j'Lfix�7v.✓ n.. R. Gunther, P.E. Construction Engineer Attachment: Contract with AES Submitted by: iCc �an4 Richard Edmonston Acting Public Works Director 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT ULTRA URBAN STORM DRAIN FILTERS FOR BALBOA BOULEVARD FROM MEDINA TO 12TH STREET AND 16TH TO 19TH STREET CONTRACT NO. 3670 CONTRACT THIS AGREEMENT, entered into this day of , 2003, by and between the CITY OF NEWPORT BEACH, hereinafter "City," and ASBURY ENVIRONMENTAL SERVICES, hereinafter "Contractor," is made with reference to the following facts: Project Description: ULTRA URBAN STORM DRAIN FILTERS FOR BALBOA BOULEVARD FROM MEDINA WAY TO 12TH STREET AND 16TH STREET TO 19TH STREET Contract No: 3670 WHEREAS, Contractor has provided a bid to complete the work on Balboa Boulevard, which was deleted from Contract No. 3373 (Newport Boulevard Rehabilitation from 16`" to 26" Street) and this bid is at the same cost as provided to the previous Contractor. NOW, THEREFORE, City and Contractor agree as follows: A. CONTRACT DOCUMENTS The complete Contract for the Project includes all of the following documents: Scope of Work (attached as Exhibit A), Permits, and Shop Drawings for Contract No. 3670, 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 per Exhibit A attached hereto. 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. 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 Seventy-Seven Thousand, Four Hundred Thirty and 00/100 Dollars ($77,430.00). 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: Bill Patapoff, P.E. (949) 644 -3311 F. LABOR CODE 3700 LIABILITY INSURANCE hereby certifies: CONTRACTOR ASBURY ENVIRONMENTAL SERVICES 13579 Whittram Avenue Fontana, CA 92335 909- 356 -0245 909- 356 -6993 Fax Contractor, by executing this Contract, "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 original 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 2 E 0 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: a) Insurance Services Office Commercial General Liability coverage "occurrence' form number CG 0002 (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. b) Insurance Services Office Business Auto Coverage form number CA 0002 0287 covering Automobile Liability, code 1 "any auto" and endorsement CA 0029 1288 Changes in Business Auto and Truckers Coverage forms - Insured Contract. c) 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. 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, agents, 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, agents, 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, agents, 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. All of the executed documents referenced in this contract must be returned within ten (10) working days after the date on the "Notification of Award," so that the City may review and approve all insurance and bonds documentation. 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 amount provided that the Work damaged is built in accordance with the plans and specifications. 0 10 6. Right to Stop Work for Non - Compliance City shall have the right to direct 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 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 1:0 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 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. J. CONFLICT If there is a conflict between provisions of this Contract and any other Contract Document, the provisions of this Contract shall prevail. 0 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 CLERK APPROVED AS TO FORM: CITY ATTORNEY CITY OF NEWPORT BEACH A Municipal Corporation 0 Mayor ASBURY ENVIRONMENTAL SERVICES al Authorized Signature and Title F: \USERS \PBW\Shared \Contracts \FY 03- 04\Ultra Urban Stonn Drain Filters C- 3670\CONTRACT C- 3670.doc 9 • EX tf 1, 13, T' A ASBURY ENVIRONMENTAL SERVICES Y � . October 22, 2003 Mr. Bill Patapoff City of Newport Beach 3300 Newport Blvd. Newport Beach, Ca 92658 (949) 644 -3311 Phone (949) 644 -3318 Fax Mr. Patapoff, 7 2003 ^ 1 We at Asbury Environmental Services (AES) would like to take the time to thank you for the opportunity to provide you with the following project quotation. At AES customer satisfaction through excellent service remains our goal and we look forward to working with you in the future. RE'M'ISED Scope of Work • Provide / Install Measure Screens and PolymerPaks with Smart Sponge Plus (with antimicrobial inside) in thirty -eight (38) catch basins (56 curb inlets openings) located on Balboa Blvd. (between 12`h and Medina and 16`h and 19`h) Proposed Proiect Cost • $77,430.00 (Including prevailing wage paid at current local determination) —n:. ll.I, "—, . r � na cn»c � mnni Vc/ n�nc n cnv jonol �c,_a oo� r9 rr1PPnPAT9: lq ini .R4h -' 4Aon Schedule C� • Manufacturing lead time: Three (3) business weeks from project confirmation with approved quotation. • Installation: Additional four (4) business weeks from manufacturing completion date. • Estimated project duration: Seven (7) business weeks. Assumptions, Exclusions, and Limitations • All material used in completing the above Scope of Work shall be constructed of stainless steel with the exception of the wheels which are zinc plated carbon steel with sealed ball bearing roller mechanisms. • Should circumstances not outlined in the Scope of Work section be encountered a change order will need to be issued to continue work. • Price quotation based on field measurements made by AES with information provided by the City of Newport Beach. • Price quotation valid for 90 days. • Terms: Payment per contract language. • All measurements are to be confirmed by the customer prior to fabrication / manufacturing unless prior arrangements have been made. • No warranty shall apply without installation by an approved installer. • A (10) ten -year manufacturer material corrosion warranty shall apply to all stainless steel parts and materials, unless otherwise specified. • A (5) five -year manufacturer material corrosion warranty shall apply to all zinc plated parts and materials. • A (1) one -year installation warranty shall apply to all AES installed equipment as specified herein. • Others shall meet any licenses, permits or regulatory requirements. • Working hours: Monday — Friday 0700 —1600. • This price quotation does not include prevailing wage unless otherwise indicated. • Traffic control to be provided by AES per W.A.T.C.H. manual. Should you have any questions or concerns please contact me directly at (909) 376 4309. Sincerely, Shannon Munger C Cy OF NEWPORT BEA CITY CLERK NOTICE INVITING BIDS Sealed bids may be received at the office of the City Clerk, 3300 Newport Boulevard, Newport Beach, CA 92663 until 11:00a.m. on the 27" day of November 2002, at which time such bids shall be opened and read for NEWPORT BOULEVARD / BALBOA BOULEVARD ROADWAY & STORM DRAIN REHABILITATION STPL- 5151 -016 Contract No. 3373 $2,280,000 Engineer's Estimate — Sfel}Ken G. Badum Pubi`ic Works Director BIDDER'S LIST AVAILABLE ON CITY WEBSITE: http://www.city,newport- beach. ca. us /Pu bworks /pwma in. htm DBE Goal for this project is 8.83 percent. Prospective bidders may obtain one set of bid documents at a cost of $60.00 at the office of the Public Works Department, 3300 Newport Boulevard, Newport Beach, CA 92663 Contractor License Classification(s) required for this project: "A" For further information, call Fong Tse, Proiect Manager at (949) 644 -3340 f 0 CITY OF NEWPORT BEACH • PUBLIC WORKS DEPARTMENT NEWPORT BOULEVARD / BALBOA BOULEVARD ROADWAY & STORM DRAIN REHABILITATION CONTRACT NO. 3373 TABLE OF CONTENTS NOTICE INVITING BIDS ............................................ ............................... ..........................Cover 23 INSTRUCTIONS TO BIDDERS .................................................................. ............................... 1 BIDDER'S BOND ......................................................................................... ..............................3 26 DESIGNATION OF SUBCONTRACTOR(S) ............................................... ............................... 4 EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION... ................................................... 5 PUBLIC CONTRACT CODE SECTION 10285.1 STATEMENT .................. ............................... 6 PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE ............. ............................... 6 PUBLIC CONTRACT CODE 10232 STATEMENT ...................................... ............................... 7 TECHNICAL ABILITY AND EXPERIENCE REFERENCES ........................ ............................... 8 NON - COLLUSION AFFIDAVIT ................................................................. ............................... 12 DESIGNATION OF SURETIES ................................................................. ............................... 13 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL .............. 14 ACKNOWLEDGEMENT OF ADDENDA .................................................... ............................... 16 INFORMATION REQUIRED OF BIDDER ................................................. ............................... 17 DEBARMENT AND SUSPENSION CERTIFICATION ............................... ............................... 20 NONLOBBYING CERTIFICATION FOR FEDERAL -AID CONTRACTS .... ............................... 21 DISCLOSURE OF LOBBYING ACTIVITIES ............................................. ............................... 22 INSTRUCTIONS FOR COMPLETION OF SF -LLL, DISCLOSURE OF LOBBYING ACTIVITIES ............................................. ............................... 23 LOCAL AGENCY BIDDER - DBE — INFORMATION ................................. ............................... 25 DBE INFORMATION - GOOD FAITH EFFORTS ...................................... ............................... 26 SECTION 2. PROPOSAL REQUIREMENTS AND CONDITIONS ............. ............................... 28 SUBCONTRACTOR AND DBE RECORDS .............................................. ............................... 33 DISADVANTAGED BUSINESS ENTERPRISE CERTIFICATION STATUS CHANGE ............. 34 PERFORMANCE OF DBE SUBCONTRACTORS AND SUPPLIERS ....... ............................... 36 BUY AMERICA REQUIREMENTS ............................................................ ............................... 37 FEDERAL MINIMUM WAGE RATES ........................................................ ............................... 38 NOTICE TO SUCCESSFUL BIDDER ...................................................... ............................... 56 CONTRACT............................................................................................. ............................... 57 LABOR AND MATERIALS PAYMENT BOND ........................................... ............................... 63 FAITHFUL PERFORMANCE BOND ......................................................... ............................... 65 FEDERAL REQUIREMENTS FOR FEDERAL AID CONSTRUCTION PROJECTS ..............FR -1 PROPOSAL.......................................................................................... ............................... PR -1 SPECIAL PROVISIONS ............................................................................. ...........................SP -1 PROJECT FUNDING SIGN DETAIL ..................................................... ............................... SD -1 2 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 0 NEWPORT BOULEVARD / BALBOA BOULEVARD ROADWAY & STORM DRAIN REHABILITATION CONTRACT NO. 3373 INSTRUCTIONS TO BIDDERS The following documents shall be completed, executed and received by the City Clerk in accordance with NOTICE INVITING BIDS: INSTRUCTIONS TO BIDDERS BIDDER'S BOND DESIGNATION OF SUBCONTRACTORS CONTRACTOR'S INDUSTRIAL SAFETY RECORD INFORMATION REQUIRED OF BIDDER ALL ADDENA TO PLANS AND SPECIFICATIONS AS ISSUED BY AGENCY PRIOR TO BID OPENING DATE (if any) TECHNICAL ABILITY AND EXPERIENCE REFERENCES NON - COLLUSION AFFIDAVIT DESIGNATION OF SURETIES PROPOSAL 2. Cash, certified check or cashier's check (sum not less than 10 percent 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. The successful bidder's security shall be held until the Contract is executed. Bidders' security shall be returned to unsuccessful bidders within a reasonable time not to exceed 60 calendar days after the successful bidder has signed the Contract. 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 0 0 compared with correctly multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. 7. 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. 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 by calling the prevailing wage hotline number (415) 703 -4774, and requesting one from the Department of Industrial Relations. 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. 747612 A Contractor's License No. & Classification SULLY - MILLER CONTRACTING CO. Bidder Authorized Signature/Title RON SALCIDO - VICE PRESIDENT NOVEMBER 25, 2002 Date • 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CONTRACT NO. 3373 * 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 Ten Percent of the Amo„nr Ri a - - -- Dollars ($ 10% of Bid - -- ), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of NEWPORT BOULEVARD I BALBOA BOULEVARD ROADWAY & STORM DRAIN REHABILITATION, Contract No. 3373in 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 and provide the required original insurance documents for the construction of the project within thirty (30) days (not including Saturday, Sunday, and federal holidays) after the date of the mailing of "Notification 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 underthis Bond. Witness our hands this 14th day of November , Sully - Miller Contracting Company Name of Contractor (Principal) Liberty Mutual Insurance Company Name of Surety 8044 Montgomery Rd Ste 626W Cincinnati, OH 45236 Address of Surety (800) 759 -0559 Telephone PRESIDENT 9a q% iz Teresa I. Jacks Print Name and Title (Notary acknowledgment of Principal & Surety must be attached) *STPL -5151 -016 STATEOF California COUNTY OF Orange On November 14, 2002 PERSONALLYAPPEARED _ SS. before me, Niria Tapia, Notary Public Teresa 1. Jackson 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 hisAter /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. Signature OPTIONAL '� NIR!A TAPIA 0 3 r comm. #1293351 NOTARY PUBLIC CAcP�MNL. �. ORANGE COUNTY r: My Comm. Exp. Feb. 9. 2M5 This area for Official Notarial Seal Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ® ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN /CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITV(IES) Liberty Mutual Insurance Company DESCRIPTION OF ATTACHED DOCUMENT Bidders Bond TITLE OF TYPE OF DOCUMENT One NUMBER November 14, 2002 DATE OF DOCUMENT Sully - Miller Contracting Company SIGNER(S) OTHER THAN NAMED ABOVE ID-1232 (REV. 5/01) ALL - PURPOSE ACKNOWLEDGEMENT THIS POWER OF ATTORNEY IS NOT VALID U* IT IS PRINTED ON RED BACKGROUND. • 1077675 This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. LIBERTY MUTUAL INSURANCE COMPANY BOSTON,MASSACHUSETTS POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS: That Liberty Mutual Insurance Company (the "Company "), a Massachusetts mutual insurance company, pursuant to and by authority of the By -law and Authorization hereinafter set forth, does hereby name, constitute and appoint TERESA I. JACKSON, VICTORIA VOORHEES, JOHN D. MILLER, CHRISTINE MAESTAS, ALL OF THE CITY OF SANTA ANA, STATE OF CALIFORNIA ......................... ............................... , each individually if there be more than one named, its true and lawful attorney -in -tact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations in the penal sum not exceeding ONE HUNDRED MILLION AND 00 /100 * * ** * ** * * * * * * * * * * * ** DOLLARS ($ 100,000,000.00 * * * ** ) each, and the execution of such undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents, shall be as binding upon the Company as if they had been duly signed by the president and attested by the secretary of the Company in their own proper persons. That this power is made and executed pursuant to and by authority of the following By -law and Authorization: ARTICLE XVI - Execution of Contracts: Section 5. Surety Bonds and Undertakings. Any officer or other official of the company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys -in -tact, as may be necessary to act in behalf of the company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -m- fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the company by their signature and execution of any such instruments and to attach thereto the seal of the company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. 801 By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys -in -fact 15 3 Pursuant to Article XVI, Section 5 of the By -laws, Timothy C. Molloy, an official of Liberty Mutual Insurance Company, is hereby authorized to appoint such attorneys -in -fact as may be necessary to act in behalf of the company to make, execute, seal, acknowledge and deliver as surety any and all y W undertakings, bonds, recognizances and other surety obligations. All Powers of Attorney attested to or executed by Timothy C. Malloy in his capacity 'O as an officer or official of Liberty Mutual Insurance Company, whether before, on or after the date of this Authorization, including without limitation cc N Powers of Attorney attested to or executed as Assistant Secretary of Liberty Mutual Insurance Company, are hereby ratified and approved. O It C That the By -law and the Authorization set forth above are true copies thereof and are now in full force and effect. m m IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal of Liberty ai M Mutual Insurance Company has been affixed thereto in Plymouth Meeting, Pennsylvania this 77rd day of July 2002 mN i LIBERTY MUTUAL INSURANCE COMPANY 0 ._ E'y" By 0 m TimofF4 C. Mull ssistant Secre ary .- COMMONWEALTH OF PENNSYLVANIA ss 9 v COUNTY OF MONTGOMERY On this �. day of JU 2110? , before me, a Notary Public, personally came Timothy C. Mullov, to me known, and acknowledged that he is an official of Liberty Mutual Insurance Company; that he knows the seal of said corporation; and that he executed the above Power of Attorney and affixed the corporate seal of Liberty Mutual Insurance Company thereto with the authority and at the direction of said corporation. IN TESTIMONY WHEREOF, I hbve.hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year first above written. otary�l Public CERTIFICATE " 1 I, the undersigned, Assistary secretary of "Libbrty Mutual Insurance Company, do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy, Is in full force and effect onthe date of this cerfificale; and I do further cenily Thal the officer or official who executed the said power of attorney was one of the officers or otficials specially authorized by the chairman or the president to appoint attorneys -in -fact as provided In Article XVI, Section 5 of the By -laws of Liberty Mutual Insurance Company. This certificate and the above power of attorney may be signed by facsimile or mechanically reproduced signatures under and by authority of the following vote of the board of directors of Liberty Mutual Insurance Company at a meeting duly called and held on the 12th day of March, 1980. VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company, wherever appearing upon a certified copy of any power of attorney issued by the company in connection with surety bonds, shall be valid and binding upon the company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said company, this 14th day of November 2002 n F. X. Hee, Assistant Secretary N W d C .y 7 9 _ C m0 0H yN W 0 CL Q rC0 oa of c 3� OE N L O w Oi O r- > 00 a .t Go N w co c, Oo Ur O� r] L 9 CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT State of California County of Orange On November 25, 2002 before me, Sherri L. Steenburgen, Notary Public, personally appeared Ron Salcido, personally known to me, to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person or entity upon behalf of which the person acted, executed the instrument. Witness my hand and official seal 9,99,,,.,9;.x.,.; c : +:...y,. >,•,,.),,,. >,.i • >.>, ffi %HERM L..S '�E1iJBURGENCOA4M # 1276258 D W NOTARY ?UBLIC -CALIFORNIA M GR.4NGE000NN Sherri L. Steenburgen, Notary Pub c My Cwnvsslon Expires Sept 9, 2004 e 99999y9499'.90 +i n.i :9J0v, +i,J9,9999990000090, OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal of this form to another document. Description of Attached Document Title or type of Document: Bid Bond Document Date: 11/14/2002 Number of Pages: One Signer(s) Other Than Named Above Liberty Mutual Insurance Company Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual a Corporate Officer — Title(s): Vice President ❑ Partner - 0 Limited 0 General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: SULLY - MILLER CONTRACTING COMPANY 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT NEWPORT BOULEVARD / BALBOA BOULEVARD ROADWAY & STORM DRAIN REHABILITATION CONTRACT NO. 3373 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. (Use additional sheets if needed) Subcontractor's Information Bid Item Description of Work %of Number Total Bid Name:.MUOre SiJ'i ?//if Li>77�ir% 5'/'✓'�'�'t`/-ij'�T Address: Phone: State License Number: %g7yl/ C ny Name: TAi��,�- La7P5 Address: �z r1��,y Phone: / State License Number:S� Name: Address: �i Phone: State License Number: J O SULLY- MILLER CONTRACTING CO Bidder Mk Autho zed Signature/Title RON SALCIDO - VICE PRESIDENT • • Subcontractor's Information Bid Item Description of Work °i or Number Total Bid Name: ESL Address: 3.1 3 S Phone: ` State License Number: 5(�Y31 Name: LNG �cY. ewr't S�r��yv e} Address: Phone: State License Number: Name: Address: �5 Phone: State License Number: Name: t? , t�- Yet' /t� CCnS -f-. qq / Address: Phone: `f J U4 1V4-e�L /- ) State License Number: Name: �VI_�W! �+'t�ll�'Y.i�f}'��{✓ri" U Address: fo / ✓I I Y 1 � A Phone: " State License Number: y Sg Name: �iC L,gyk S.,MZy Address: Phone: State License Number: "'— • • Subcontractor's Information Bid Item Description of Work %of Number Total Bid Name: Address: Phone: State License Number: Name: Address: Phone: State License Number: Name: Address: Phone: State License Number: Name: Address: Phone: State License Number: Name: Address: Phone: State License Number: Name: Address: Phone: State License Number: 0 0 EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION The bidder SULLY - MILLER CONTRACTING 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. 7 0. • • PUBLIC CONTRACT CODE Public Contract Code Section 10285.1 Statement In conformance with Public Contract Code Section 10285.1 (Chapter 376, Stats. 1985), the bidder hereby declares under penalty of perjury under the laws of the State of California that the bidder has _, has not xx been convicted within the preceding three years of any offenses referred to in that section, including any charge of fraud, bribery, collusion, conspiracy, or any other act in violation of any state or Federal antitrust law in connection with the bidding upon, award of, or performance of, any public works contract, as defined in Public Contract Code Section 1101, with any public entity, as defined in Public Contract Code Section 1100, including the Regents of the University of California or the Trustees of the California State University. The term "bidder" is understood to include any partner, member, officer, director, responsible managing officer, or responsible managing employee thereof, as referred to in Section 10285.1. Note: The bidder must place a check mark after "has" or "has not' in one of the blank spaces provided. The above Statement is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Statement. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution. Public Contract Code Section 10162 Questionnaire In conformance with Public Contract Code Section 10162, the Bidder shall complete, under penalty of perjury, the following questionnaire: Has the bidder, any officer of the bidder, or any employee of the bidder who has a proprietary interest in the bidder, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation? Yes No xx If the answer is yes, explain the circumstances in the following space. U 0 ! Public Contract Code 10232 Statement In conformance with Public Contract Code Section 10232, the Contractor, hereby states under penalty of perjury, that no more than one final unappealable finding of contempt of court by a federal court has been -issued against the Contractor within the immediately preceding two year period because of the Contractor's failure to comply with an order of a federal court which orders the Contractor to comply with an order of the National Labor Relations Board. Note: The above Statement and Questionnaire are part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Statement and Questionnaire. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution. 9 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT NEWPORT BOULEVARD / BALBOA BOULEVARD ROADWAY & STORM DRAIN REHABILITATION CONTRACT NO. 3373 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this form!!! Please print or type. SULLY - MILLER CONTRACTING COMPANY FAILURE OF THE BIDDER TO PROVIDE ALL REQUIRED INFORMATION IN A COMPLETE AND ACCURATE MANNER MAY BE CONSIDERED NON - RESPONSIVE. For all public agency projects you have worked on (or are currently working on) in the past 2 years in excess of $15,000, provide the following information: No. 1 Project Name /Number BALBOA BLVD. RECONSTRUCTION & STORM DRAIN IMPVTS T NO. 3428 Project Description STREET RECONSTRUCTION AND DRAINAGE IMPROVEMENTS Approximate Construction Dates: From MARCH 2002 To: JUNE 2002 Agency Name Contact Person ITY OF NEWPORT BEACH FONG TSE, P. E Telephone ( )949 644 -3340 Original Contract Amount $1 , 6941 "hnal Contract Amount $ 1,609,000 If final amount is different from original, please explain (change orders, extra work, etc.) CAME IN UNDER CONTRACT AMOUNT Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. NO 10 0 0 No. 2 Project Name /Number INFRASTRUCTURE STREET /UTILITY IMPROVEMENTS Project Description STREET s UNDERGROUND UTILITIES Approximate Construction Dates: From 07/00 To: 02/01 Agency Name CAL STATE LONG BEACH Contact Person MO TIDEMANIS Telephone( ) 562 985 -8489 Original Contract Amount $_297,808 Final Contract Amount $ 1,155,000 If final amount is different from original, please explain (change orders, extra work, etc.) EXTRA WORK Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. NO No. 3 Project Name /Number SOUTH STREET IMPROVEMENTS, PROD. #1415 Project Description STREET IMPROVEMENTS Approximate Construction Dates: From 08/99 To: 08/00 Agency Name CITY OF CERRITOS Contact Person VIC MASAYA Telephone ( ) 562 916 -1220 Original Contract Amount $ 688.307 Final Contract Amount $ 720,704 If final amount is different from original, please explain (change orders, extra work, etc.) EXTRA WORK Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. NO 11 L No. 4 Project Name /Number Project Description 0 0 PAVEMENT REHABILITATION 2000 -01 PHASE i PAVEMENT REHAB Approximate Construction Dates: From 07/00 To: 10/00 Agency Name Contact Person CITY OF HESPERIA MIKE PODEGRADZ .Telephone ( ) 760 947 -1000 Original Contract Amount $193,282 Final Contract Amount $ 1,064,570 If final amount is different from original, please explain (change orders, extra work, etc.) EXTRA WORK, CHANGE ORDERS Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. NO No. 5 Project Name /Number 1998 -99 s 1999 -2000. CITYWIDE C.D.B.G. PROJECT Project Description STREET, ALLEY, SIDEWALK E PED RAMP PROJECT Approximate Construction Dates: From 08/00 To: 11/00 Agency Name Contact Person CITY OF BURBANK ADAM SALEHI Telephone ( ) 818 238 -3946 Original Contract Amount $ 310,132 Final Contract Amount $ 334,058 If final amount is different from original, please explain (change orders, extra work, etc.) CHANGE ORDER Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. NO 12 t No. 6 Project Name /Number CENTRAL AVENUE REHABILITATION Project Description STREET REHAB Approximate Construction Dates: From 05/00 To: 06/00 Agency Name TOWN OF APPLE VALLEY Contact Person RICHARD PEDERSON Telephone ( ) 760 240 -7000 Original Contract Amount $ 415.652 Final Contract Amount $ 434,751 If final amount is different from original, please explain (change orders, extra work, etc.) EXTRA WORK Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. NO Attach additional sheets if necessary. Attach to this Bid the experience resume of the person who will be designated as General Construction Superintendent or on -site Construction Manager for the Contractor. Upon request, the Contractor shall attach a financial statement and other information sufficiently comprehensive to permit an appraisal of the Contractor's current financial conditions. N SULLY - MILLER CONTRACTING Bidder RON SAX= - VICE PRESIDENT 13 IX WORK HISTORY: 1995 - Present 1986-1995 1978 -1986 1968 -1978 EXPERIENCE: F RESUME RICK WAGGONER PROJECT SUPERINTENDENT Sully Miller Contracting Company Boral Contracting Fontana Paving Yeager Contracting Rick Waggoner has been in the construction industry for almost 35 years. Mr. Waggoner is currently a Project Superintendent with Sully - Miller Contracting Company and has worked in various positions including Laborer, Foreman, and Operator prior to becoming a Superintendent. Mr. Waggoner is familiar with all aspects of our work and has proved to be an experienced and talented employee. i CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT NEWPORT BOULEVARD / BALBOA BOULEVARD ROADWAY & STORM DRAIN REHABILITATION CONTRACT NO. 3373 NON - COLLUSION AFFIDAVIT State of California ) ) ss. Countyof ORANGE ) RON SALC I DO being first duly sworn, deposes and says that he or she is VICE PRESIDENT of SULLY - MILLER CONTRACT IK party making the foregoing bid; that the bid is not made in 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 party making the foregoing bid; that the bid is not made in 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 Calif r is that the foregoing is true and correct. SULLY - MILLER CONTRACTING Bidder �� A Authorized SigqnaturelTitle RON SALCI-DO - VICE PRESIDENT Subscribed and sworn to before me this 26TH day of NOVEMBER , 2002. [SEAL] Notary Public lron JJJ9J9J999J99J .:J.,,g. }..Y.,..,., -O !..Y.:n.YJJJ00 SHL -'1?RI L.SI "EENBURGEN= My Commission Expires: 09/09/2004 W CO ",4M # 1276258 D NOraRYPIT!C- CALIFORNIA Q ORANGE COUNTY ji o M7 CnaimiSSW &pires Sept 9, 2004 000009959 ^9:. o-.w:.,.i J.i °J''JJO• >J000990009009 14 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT NEWPORT BOULEVARD / BALBOA BOULEVARD ROADWAY & STORM DRAIN REHABILITATION CONTRACT NO. 3373 DESIGNATION OF SURETIES Bidders name SULLY - MILLER CONTRACTING COMPANY Provide the names, addresses, and phone numbers for all brokers and sureties from whom Bidder intends to procure insurance and bonds (list by insurance /bond type): SURETY: LIBERTY MUTUAL INSURANCE COMPANY 8044 MONTGOMERY ROAD, SUITE 626W CINCINNATI, OH 45236 (800) 759 -0559 BONDING AGENT: WILLIS RISK & INSURANCE 2677 N. MAIN ST., SUITE 300 NTA ANA. CA 92705 714) 571 -3110 15 • • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT NEWPORT BOULEVARD / BALBOA BOULEVARD ROADWAY & STORM DRAIN REHABILITATION CONTRACT NO. 3373 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidders Name SULLY - MILLER CONTRACTING COMPANY Record Last Five (5) Full Years Current Year of Record I he intormation required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary-- Occupational Injuries and Illnesses, OSHA No. 102. 16 Current Record Record Record Record Record Year of for for for for for Record 2001 2000 1999 1998 1997 Total 2002 No. of contracts Gr Total dollar Amount of Contracts (in Thousands of $ No. of fatalities No. of lost p Workday Cases No. of lost workday cases involving g permanent transfer to another job or termination of employment I he intormation required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary-- Occupational Injuries and Illnesses, OSHA No. 102. 16 w U N O aL M M Cl) O Z Q Z O col I Q W } z Z W w 7 U J Q F- O O N C� 1 O) (M 0) I G r- CD CD 9 0 a z_ F— z Z O U W w J J_ J J 7 y G( N r f0 r 7 O O N W F- C F- n IW^ L V a) Z a a m Q O N W E O m ° Z O O fC T co r- N N C O t CL N N N O O co U N 01 n N d U tCU L6 i N co cq m C6 O co co O co W co 0 O O_ N O LO O O) V O N O co c0 O O a0 co I O co M co U') O O O W m O r O O O co co O N O � N r O O O LO N O O O V O O O LO LO m 00 O M O N O L c O p N U N O O C (p (n N (NNn (0 C_ _ O O C O U U E C m > T N 7 7 O-0 C L x m 0 U E w to o o Ea m m Q) 0 E U O V w O O C L O a 0 0 0 O u O O O > c E O O p O O O m Z F- U Z Z Z .S $ O N (M l() 0 a z_ F— z Z O U W w J J_ J J 7 y G( N r f0 r 7 O O N W F- C F- n IW^ L V a) Z a a m Q O N W E O m ° Z O O fC T co r- N N C O t CL N N N O O co U N 01 n N d U tCU L6 i A- • • t _ May 7, 2001 SULLY- MILLER CONTRACTING CO. TO WHOM IT MAY CONCERN: RE: Fatal Accident On October 1, 1998, a Sully - Miller employee suffered a fatal accident. The employee was not working on any of our projects, and he was not working on any property controlled by Sully - Miller. The employee was not being supervised by anyone from Sully - Miller and was not operating any equipment owned by us, however, he was on our payroll that day. He was "rented" to another contractor as a roller operator for the day. Our Workers' Compensation insurance carrier will handle this case, and they have already started death benefits to his family. CAL -OSHA completed their investigation and cited us for violation of California Code of Regulation Section 3203(a)(2.4). The citation was appealed. We prevailed on the appeal, however the Division has filed for a decision after reconsideration by the Appeals Board. We do not know when the Appeals Board will review the matter. Because the case is under investigation by the San Bernardino County District Attorney, we are limited in the information that we can give out. Rest assured that this accident had nothing to do with the safety performance of our company or with the safety awareness every Sully - Miller employee displays. Our Safety statistics have been far less than the average of other contractors in our line of business over the past three years. We pride ourselves on an excellent safety program, geared toward absolute protection of our employees while eliminating unsafe conditions for the public and protecting our clients as well. If you should have any further questions, please feel free to contact the undersigned at 714) 578 -9509. Sincerely, Randy Franklin Safety /Risk Manager MAIN 714. 578.9600 FAX 71,1.578-2850 1100 8. ORAYI.IFTHO IRFP. AVE STE 200 ANAHEIM CA 92801 license 747C12A J_ 0 0 �x Legal Business Name of Bidder SULLY - MILLER CONTRACTING CO. Business Address: 1100 E. ORANGETHORPE AVE., ANAHEIM, CA Business Tel. No.: 714 578 -9600 State Contractor's License No. and Classification: 747612 A Title The above information was compiled from the records that are available to me at this time and I declare under penalty of perjury that the information is true and accurate within the limitations of those records. SULLY - MI&ER CONTRACTING COMPANY, A CORPORATION Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title VICE PRESIDENT If bidder is an individual, name and signature of individual must be provided, and, if he is doing business under a fictitious name, the fictitious name must be set forth. If bidder is a partnership or joint venture, legal name of partnership /joint venture must be provided, followed by signatures of all of the partners /joint ventures or of fewer than all of the partners /joint ventures if submitted with evidence of authority to act on behalf of the partnership /joint venture. If bidder is a corporation, legal name of corporation must be provided, followed by notarized signatures of the corporation President or Vice President or President and Secretary or Assistant Secretary, and the corporate seal. Signatures of partners, join venturers, or corporation officers must be acknowledged before a Notary Public, who must certify that such partners /joint venturers, or officers are known to him or her to be such, and, in the case of a corporation, that such corporation executed the instrument pursuant to its bylaws or a resolution of its Board of Directors. 17 J, • CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT State of California County of Orange On November 26, 2002 before me, Sherri L. Steenburgen, Notary Public, personally appeared Ron Salcido, personally known to me, to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person or entity upon behalf of which the person acted, executed the instrument. Witness my hand and official seal = ':: SHIkJ'I C..�i};ENBURGEN�' COMM # 7276258 D a ¢ m Cc OARYPJBLIC - CALIFORNIA I�. c lA LINTY :1) a ORANGE CO 1 Sherri L. Steenbur en, Notary u is M/ Ccmmiss,un'.xpirns Sept. 9, W ; g ry nnen9nnOnO0110ennen ennee101enOepeen0000n OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal of this form to another document. Description of Attached Document Title or type of Document: Contractor's Industrial Safety Record Document Date: Number of Pages: Signer(s) Other Than Named Above Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual Lk Corporate Officer — Title(s): Vice President ❑ Partner - ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: SULLY - MILLER CONTRACTING COMPANY r • • r CITY OF NEWPORT BEACH j PUBLIC WORKS DEPARTMENT NEWPORT BOULEVARD/ BALBOA BOULEVARD ROADWAY & STORM DRAIN REHABILITATION CONTRACT NO. 3373 ACKNOWLEDGEMENT OF ADDENDA Biddersname SULLY - MILLER CONTRACTING COMPANY The bidder shall signify receipt of all Addenda here, if any: Addendum No. Date Received Sig re 1 11/19/02 2 11/25/02 18 h Page: 1 of 1 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT ADDENDUM NO. 1 NEWPORT BOULEVARD /BALBOA BOULEVARD ROADWAY & STORM DRAIN REHABILITATION CONTRACT NO. 3373 DATE: November 18. 2002 TO: ALL PLANHOLDERS BY: William Patapoff City Engineer Changes affected by this Addendum 1. Replace the prevailing wage sheets with the attached updated wage sheets. A copy of the most current wage rates can be downloaded and printed from the following website: hftp: / /www.gr)o.gov /davisbacon /ca.htmi 2. Section 215 -1 STORM DRAIN FILTERS (GENERAL) — The correct telephone number is (310) 886 -3400. 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. SULLY- MILLER CONTRACTING COMPANY Bidder's Name (Please Print) BER 19 Date Authorized Signature & Title RON SALCIDO - VICE PRESIDENT •CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT ADDENDUM NO.2 NOV 2 5 2002 NEWPORT BOULEVARD/BALBOA BOULEVARD ROADWAY & STORM DRAIN REHABILITATION CONTRACT NO. 3373 DATE: November 25.2002 BY: William Patanoff City Engineer TO: ALL PLANHOLDERS Chanaes affected by this Addendum 1. Bid Opening Date and Time The new bid opening date and time is Tuesday, December 3r°, 2002 at 11:00AM. 2. Section 9 -3.1 Payment - General Item No. 7 — Install 12 -Inch RCP Storm Drain (2000 -0): Replace the word "compaction° with the words "trench backfill and compaction per applicable portions of City Standard Plans STD -105 -L and STD - 106 -L". Item No. 8 — Install 18 -inch RCP Storm Drain (2000 -D): Replace the word "compaction" with the words "trench backfill and compaction per applicable portions of City Standard Plans STD -105 -L and STD - 106 -L ". Bidders must sign this Addendum No. 2 and attach it to the bid proposal. No bid will be considered unless this signed Addendum No. 2 is attached. I have carefully examined this Addendum and have included full payment in my Proposal. SULLY - MILLER CONTRACTING COMPANY Bidder's Name (Please Print) DECEMBER 2, 2002 Date RON SALCIDO - vi ESIDENT 1 4 f • • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT NEWPORT BOULEVARD / BALBOA BOULEVARD ROADWAY & STORM DRAIN REHABILITATION CONTRACT NO. 3373 INFORMATION REQUIRED OF BIDDER Bidder certifies under penalty of perjury under the laws of the State of California that the following information is true and correct: Name of individual Contractor, Company or Corporation: SULLY- MILLER CONTRACTING 1100 E. ORANGETHORPE AVE., #200 Business Address: ANAHEIM, CA 92801 PHONE: 714 578 -9600 Telephone and Fax Number: FAX: 714 578 -9672 California State Contractor's License No. and Class: 747612 A (REQUIRED AT TIME OF AWARD) Original Date Issued: 03/30/98 Expiration Date: 03/31/04 List the name and title /position of the person(s) who inspected for your firm the site of the work proposed in these contract documents: VICTOR HERNANDEZ, PROJECT MANAGER The following are the names, titles, addresses, and phone numbers of all individuals, firm members, partners, joint ventures, and company or corporate officers having a principal interest in this proposal: Name Title SEE ATTACHED LIST Address Corporation organized under the laws of the State of DELAWARE Telephone 19 ,. s 0 CERTIFICATE OF INCUMBENCY AND RESOLUTION I, Ron Salcido, do hereby certify that I am a Vice President of Sully- Miller Contracting Company, a Delaware corporation, and that as such I have access to and custody of the corporate records and minute books of said corporation. And I do hereby further certify that the following persons are duly elected officers of said corporation. TITLE Chairman of the Board President & CEO Chief Financial Officer & Treasure Vice President Vice President Vice President Secretary Assistant Secretary Assistant Secretary Assistant Secretary Assistant Secretary NAME Louis Gabanna R. Bruce Rieser Tim P. Orchard Ron Salcido Mitchell P. Vigna Peter Pouwels Stewart M. Fuhrmann George Aldrich Mary Lawson Mike Edwards James Wu I further certify that the following is a true and correct copy of a resolution duly adopted by the Board of Directors of said Company at a meeting held on December 22, 2000, and that this resolution has not been in any way rescinded, annulled or revoked but the same is still in full force and effect: "(AUTHORITY TO EXECUTIVE BIDS AND CONTRACTS) Resolved, that any officer of assistant officer of the Company be and each of them is hereby authorized to execute in the name and on the behalf of this Company under its corporate seal any and all proposals for the sale of products, merchandise and services of this Company and any bids and performance bonds required in the connection there- with, to the United States and of the State, territories and dependencies of the United States, the District of Columbia, cities, towns, townships, counties, school districts, and to the department, political subdivisions, agencies or wholly -owned corporation thereof, or to any other person." IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal this 28'h day of March 2002. (SEAL). Ron Salcido, Vice President 1100 E. Orangethorpe Ave Ste 200 Anaheim, Ca. 92801 (714) 578 -9600 • • The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: NONE All company, corporate, or fictitious business names used by any principal having interest in this proposal are as follows: NONE For all arbitrations, lawsuits, settlements or the like (in or out of court) you have been involved in with public agencies in the past five years (Attach additional Sheets if necessary) provide: Provide the names, addresses and telephone numbers of the parties; NONE Briefly summarize the parties' claims and defenses; N/A Have you ever had a contract terminated by the owner /agency? If so, explain. Have you ever failed to complete a project? If so, explain. For any projects you have been involved with in the last 5 years, did you have any claims or actions by any outside agency or individual for la ompliance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.)? Yes No Are any claims or actions unresolved or outstanding? Yes Ir o) 0111 10 0 If yes to any of the above, explain. (Attach additional sheets, if necessary) N/A Failure of the bidder to provide ALL requested information in a complete and accurate manner may be considered non - responsive. SULLY - MILLER CONTRACTING Bidder R. BRUCE RIESER (Print name of Own of COrppration/CN RON SALCIDO VICE PRESIDENT Title - PRESIDENT b CEO r or President NOVEMBER 26, 2002 Date Subscribed and sworn to before me this 26th day of November _'2002. [SEAL] J S MLNKIRGE N � N &./ JPntut # 7276258 > SHERRI L. STEENBURGEN Q ��F vF e ic- CALIFORNIA NOTARY PUBLIC a rcouNry e .xOs Sept. 9, 209E : „aaar +aa +.x.ex -.. .: ,:.>. >aaaaaaaaeaaao 21 0 E t' 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 judgement 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. 22 w E 0 NONLOBBYING CERTIFICATION FOR FEDERAL -AID CONTRACTS 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 conformance 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. 23 I} 0 0 DISCLOSURE OF LOBBYING ACTIVITIES COMPLETE THIS FUHM lU UISGLU5t LUt3ti YIN(9 AGI IVII IES NUHSUAN I I U,51 V.S.U. 13 1. Type of Federal 2. Status of Federal 3. Report Type: Action: ❑ a. contract b. grant c, cooperative agreement d. loan e. loan guarantee I. loan insurance Action: ❑.a. bid/offer /aoDlication b. initial award c. post -award NOT APPLICABLE 4. Name and Address of Reporting Entity nPrime n Subawardee Tier , if known Congressional District, if known 6. Federal Department/Agency: 8. Federal Action Number, if known: 10. a. Name and Address of Lobby Entity (If individual, last name, first name, MI) (attach Continuation Sheet(s) if necessary) 11. Amount of Payment (check all that apply) $ [-] Actual 0 planned 12. Form of Payment (check all that apply): ea. cash b. in -kind; specify: nature _ Value ❑ a. initial b. material change For Material Change Only: year _ quarter date of last report 5. If Reporting Entity in No. 41s Subawardee, Enter Name and Address of Prime: Congressional District, if known 7. Federal Program Name/Description: CFDA Number, if applicable 9. Award Amount, if known: b. Individuals Performing Services (including address if different from No. 10a) (last name, first name, MI) 13. Type of Payment (check all that apply) 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: (attach Continuation Sheet(s) if necessary) 15. Continuation Sheet(s) attached: Yes []No 16. Information requested through this form is authorized by Title 31 U.S.C. Section 1352. This disclosure of lobbying Signature: reliance was placed by the tier above when his transaction was made or entered into. This disclosure is required print Nam pursuant to 31 U.S.C. 1352. This information will be N/A 24 a. retainer b. one -time fee c. commission d. contingent fee e deferred I. other, specify 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: (attach Continuation Sheet(s) if necessary) 15. Continuation Sheet(s) attached: Yes []No 16. Information requested through this form is authorized by Title 31 U.S.C. Section 1352. This disclosure of lobbying Signature: reliance was placed by the tier above when his transaction was made or entered into. This disclosure is required print Nam pursuant to 31 U.S.C. 1352. This information will be N/A 24 disclosure shall be sul $10,000 and not more Federal Use Only: 0 to a civil penalty of not less than $100,000 for each such failure. Telephone No.: 01 Date: N/A Authorized for Local Reproduction Standard Form - LLL 25 0 0 INSTRUCTIONS FOR COMPLETION OF SF -LLL, DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, at the initiation or receipt of covered Federal action or a material change to previous filing pursuant to title 31 U.S.C. section 1352. The filing of a form is required for such payment or agreement to make payment to lobbying entity for influencing or attempting to influence an officer or employee of any agency, a Member of Congress an officer or employee of Congress or an employee of a Member of Congress in connection with a covered Federal action. Attach a continuation sheet for additional information if the space on the form is inadequate. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information. 1. Identify the type of covered Federal action for which lobbying activity is and /or has been secured to influence, the outcome of a covered Federal action. 2. Identify the status of the covered Federal action. 3. Identify the appropriate classification of this report. If this is a follow -up report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last, previously submitted report by this reporting entity for this covered Federal action. 4. Enter the full name, address, city, state and zip code of the reporting entity. Include Congressional District if known. Check the appropriate classification of the reporting entity that designates if it is or expects to be a prime or subaward recipient. Identify the tier of the subawardee, e.g., the first subawardee of the prime is the first tier. Subawards include but are not limited to subcontracts, subgrants and contract awards under grants. 5. If the organization filing the report in Item 4 checks "Subawardee" then enter the full name, address, city, state and zip code of the prime Federal recipient. Include Congressional District, if known. 6. Enter the name of the Federal agency making the award or loan commitment. Include at least one organization level below agency name, if known. For example, Department of Transportation, United States Coast Guard. 7. Enter the Federal program name or description for the covered Federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans and loan commitments. 8. Enter the most appropriate Federal identifying number available for the Federal action identification in item 1 (e.g., Request for Proposal (RFP) number, Invitation for Bid (IFB) number, grant announcement number, the contract grant. or loan award number, the application /proposal control number assigned by the Federal agency). Include prefixes, e.g., "RFP- DE -90- 001." 9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal amount of the award /loan commitments for the prime entity identified in item 4 or 5. 10. (a) Enter the full name, address, city, state and zip code of the lobbying entity engaged by the reporting entity identified in item 4 to influenced the covered Federal action. (b) Enter the full names of the individual(s) performing services and include full address if different from 10 (a). Enter Last Name, First Name and Middle Initial (MI). 11. Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity (item 4) to the lobbying entity (item 10). Indicate whether the payment has been made (actual) or will be made (planned). Check all boxes that apply. If this is a material change report, enter the cumulative amount of payment made or planned to be made. 12. Check the appropriate box(es). Check all boxes that apply. If payment is made through an in- kind contribution, specify the nature and value of the in -kind payment. 13. Check the appropriate box(es). Check all boxes that apply. If other, specify nature. 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 26 • 0 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- LLL- Instructions Re, 06- 04- 90 .,ENDIF+ 2% i 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 as specified in Section 2 -1.02B of the Special Provisions. Failure to submit the required DBE information will be grounds for finding the proposal nonresponsive. CO.- RTE. -K.P.: CONTRACT NO.: BID AMOUNT: $ BID OPENING DATE: BIDDER'S NAME: DBE GOAL FROM CONTRACT: DRF PRIME CONTRACTOR CFRTIFICATION CONTRACT ITEM O. ITEM OF WORK AND DESCRIPTION OR SERVICES TO B SUBCONTRACTED OR MATERIALS O BE PROVIDED BE CERT. NO. NAME OF DBE (Must be certified on the date bid are opened - include DBE addres and phone number) DOLLAR AMOUNT BE' I i IMPORTANT: Identify all DBE firms being claimed for credit, regardless of tier. Copies of the DBE quotes are required. Names of Total Claimed $ the First Tier DBE Subcontractors and their respective item(s) of work Participation listed above shall be consistent, where applicable, with the names and items of work in the "List of Subcontractors" submitted with your bid % pursuant to the Subcontractors Listing Law and Section 2 -1.01, "General," of the Special Provisions. 0 1. DBE prime contractors shall enter their DBE certification number. DBE prime contract shall indicate all work to be performed by DBEs including work performed by its own forces. 2. If 100% of item is not to be performed or furnished by DBE, describe exact portion of to be performed or furnished by DBE. 0 Signature of Bidder 3. See Section 2 -1.02, 'Disadvantaged Business Enterprise," to determine the credit allowed Date (Area Code) Tel. No. for DBE firms. Person to Contact 29 0 0 DBE INFORMATION - GOOD FAITH EFFORTS The City of Newport Beach established a Disadvantaged Business Enterprise (DBE) goal of 8.83% for this project. The information provided herein shows that adequate good faith efforts were made. A. The names and dates of each publication in which a request for DBE participation for this project Has placed by the bidder (please attach copies of advertisements or proofs of publication): Publications Dates of Advertisement B. 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 (please attach copies of solicitations, telephone records, fax confirmations, etc.): Names of DBEs Date of Inital Follow Up Methods Solicited Solicitation and Dates C. The items of work which the bidder made available to DBE firms, including, where appropriate, any breaking down of the contract work items (including those items normally performed by the bidder with its own forces) into economically feasible units to facilitate DBE participation. It is the bidder's responsibility to demonstrate that sufficient work to facilitate DBE participation was made available to DBE firms. Items of Work Breakdown of Items 30 D. The names, addresses and phone numbers of rejected DBE firms, the reasons for the bidder's rejection of the DBEs, and the firms selected for that work (please attach copies of quotes from the firms involved): Names, addresses and phone numbers of rejected DBEs and the reasons for the bidder's rejection of the DBEs: Names, addresses and phone numbers of firms selected for the work above: E. Efforts made to assist interested DBEs in obtaining bonding, lines of credit or insurance, and any technical assistance or information related to the plans, specifications and requirements for the work which was provided to DBEs: F. Efforts made to assist interested DBEs in obtaining necessary equipment, supplies, materials, or related assistance or services, excluding supplies and equipment the DBE subcontractor purchases or leases from the prime contractor or its affiliate. G. The names of agencies, organizations or groups contacted to provide assistance in contacting, recruiting and using DBE firms (please attach copies of requests to agencies and any responses received, i.e., lists, Internet page download, etc.). Name of Method/Date of Results Agency /Organization Contact H. Any additional data to support a demonstration of good faith efforts (use additional sheets if necessary): 31 0 SECTION 2. PROPOSAL REQUIREMENTS AND CONDITIONS 2 -1.01 GENERAL The bidder's attention is directed to the provisions in Section 2, "Proposal Requirements and Conditions," of the Standard Specifications and these special provisions for the requirements and conditions which the bidder must observe in the preparation of the proposal form and the submission of the bid. In addition to the subcontractors required to be listed in conformance with Section 2- 1.054, "Required Listing of Proposed Subcontractors," of the Standard Specifications, each proposal shall have listed therein the portion of work that will be done by each subcontractor listed. A sheet for listing the subcontractors is included in the Proposal. The form of Bidder's Bond mentioned in the last paragraph in Section 2 -1.07, 'Proposal Guaranty," of the Standard Specifications will be found following the signature page of the Proposal. In conformance with Public Contract Code Section 7106, a Noncollusion Affidavit is included in the Proposal. Signing the Proposal shall also constitute signature of the Noncollusion Affidavit. The contractor, sub recipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR part 26 in the award and administration of DOT assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate. Each subcontract signed by the bidder must include this assurance. 2- 1.015 -- 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 32 0 (3) A change in the officer(s), employees(s), or Member(s) contacted to influence or attempt to influence a covered Federal Action. 2 -1.02 DISADVANTAGED BUSINESS ENTERPRISE (DBE).-- This contract is subject to Part 26, 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 may participate as a prime contractor, subcontractor, joint venture partner with a prime or subcontractor, vendor of material or supplies, or as a trucking company; C. A DBE bidder, not bidding as a joint venture with a non -DBE, will be required to document one or a combination of the following: 1. The bidder will meet the goal by performing work with its own forces. 2. The bidder will meet the goal through work performed by DBE subcontractors, suppliers or trucking companies. 3. The bidder, prior to bidding, made adequate good faith efforts to meet the goal. 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 capital contribution, control, management, risks and profits of the joint venture. The DBE joint venturer must submit the joint venture agreement with the proposal or the DBE Information form required in the Section entitled "Submission of DBE Information" of 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. DBEs must be certified by either the California Department of Transportation, or by a participating agency which certifies in conformance with Title 49, Code of Federal Regulations, Part 26, as of the date of bid opening. It is the Contractor's responsibility to verify that DBEs are certified. Listings of certified DBEs are available from the following sources: 1. The Department's DBE Directory, which is published quarterly. This Directory maybe obtained from the Department of Transportation, Materiel Operations Branch, Publication Distribution Unit,1900 Royal Oaks Drive, Sacramento, California 95815, Telephone: (916) 445 -3520; 2. The Department's Electronic Information Bulletin Board Service, which is accessible by modem and is updated weekly. The Bulletin Board may be accessed by first contacting the Department's Business Enterprise Program at Telephone: (916) 227 -8937 and obtaining a user identification and password; 3. The Department's web site at www .dot.ca.gov /hq/bep /index.htrn; G. Credit for materials or supplies purchased from DBEs will be as follows: 33 1. If the materials or supplies are obtained from a DBE manufacturer, 100 percent of the cost of the materials or supplies will count toward the DBE goal. A DBE manufacturer is a firm that operates or maintains a factory or establishment that produces, on the premises, the materials, supplies, articles, or equipment required under the contract and of the general character described by the specifications. 2. If the materials or supplies are purchased from a DBE regular dealer, 60 percent of the cost of the materials or supplies will count toward the DBE goal. A DBE regular dealer is a firm that owns, operates, or maintains a store, warehouse, or other establishment in which the materials, supplies, articles or equipment of the general character described by the specifications and required under the contract are bought, kept in stock, and regularly sold or leased to the public in the usual course of business. To be a DBE regular dealer, the firm must be an established, regular business that engages, as its principal business and under its own name, in the purchase and sale or lease of the products in question. A person may be a DBE regular dealer in such bulk items as petroleum products, steel, cement, gravel, stone, or asphalt without owning, operating, or maintaining a place of business as provided in this paragraph G.2. if the person both owns and operates distribution equipment for the products. Any supplementing of regular dealers' own distribution equipment shall be by a long -term lease agreement and not on an ad hoc or contract -by- contract basis. Packagers, brokers, manufacturers'representatives, or other persons who arrange or expedite transactions are not DBE regular dealers within the meaning of this paragraph G.2. 3. Credit for materials or supplies purchased from a DBE which is neither a manufacturer nor a regular dealer will be limited to the entire amount of fees or commissions charged for assistance in the procurement of the materials and supplies, or fees or transportation charges for the delivery of materials or supplies required on a job site, provided the fees are reasonable and not excessive as compared with fees charged for similar services. H. Credit for DBE trucking companies will be as follows: 1. The DBE must be responsible for the management and supervision of the entire trucking operation for which it is responsible on a particular contract, and there cannot be a contrived arrangement for the purpose of meeting the DBE goal; 2. The DBE must itself own and operate at least one fully licensed, insured, and operational truck used on the contract; 3. The DBE receives credit for the total value of the transportation services it provides on the contract using trucks its owns, insures, and operates using drivers it employs; 4. The DBE may lease trucks from another DBE firm, including an owner - operator who is certified as a DBE. The DBE who leases trucks from another DBE receives credit for the total value of the transportation services the lessee DBE provides on the contract; 5. The DBE may also lease trucks from a non -DBE firm, including an owner - operator. The DBE who leases trucks from a non -DBE is entitled to credit only for the fee or commission it receives as a result of the lease arrangement. The DBE does not receive credit for the total value of the transportation services provided by the lessee, since these services are not provided by a DBE; 6. For the purposes of this paragraph H, a lease must indicate that the DBE has exclusive use of and control over the truck. This does not preclude the leased truck from working for others during the term of the lease with the consent of the DBE, so long as the lease gives the DBE absolute priority for use of the leased truck. Leased trucks must display the name and identification number of the DBE. 34 • 0 1. 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 use services offered by financial institutions owned and controlled by DBEs. 2 -1.02A DBE GOAL FOR THIS CONTRACT The City has established the following goal for Disadvantaged Business Enterprise (DBE) participation for this contract: Disadvantaged Business Enterprise (DBE): 8.83 percent Caltrans has engaged the services of a contractor to provide supportive services to contractors and subcontractors to assist in obtaining DBE participation on federally funded construction projects. Bidders and potential subcontractors should check the Caltrans website at www.dot.ca.gov /hgibep to verify the current availability of this service. 2 -1.02B 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 make enough work available to DBEs and to select those portions of the work or material needs consistent with the available DBEs to meet the goal for DBE participation or to Provide information to establish that, prior to bidding, the bidder made adequate good faith efforts to do so. If DBE information is not submitted with the bid, the apparent successful bidder (low bidder), the second low bidder and the third low bidder shall submit DBE information to the City of Newport Beach Public Works Department, 3300 Newport Boulevard, Newport Beach, California 92658 -8915, so the information is received by the City of Newport Beach 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 of Newport Beach. The bidder's DBE information shall establish that good faith efforts to meet the DBE goal have been made. To establish good faith efforts, the bidder shall demonstrate that the goal will be met or that, prior to bidding, adequate good faith efforts to meet the goal were made Bidders are cautioned that even though their submittal indicates they will meet the stated DBE goal, their submittal should also include their adequate 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. 35 i 0 The bidder's DBE information shall include the names, addresses and phone numbers of DBE firms that will participate, with a complete description of work or supplies to be provided by each, the dollar value of each DBE transaction, and a written confirmation from the DBE that it is participating in the contract. A copy of the DBE's quote will serve as written confirmation that the DBE is participating in the contract. 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. The work that a DBE prime contractor has committed to performing with its own forces as well as the work that it has committed to be performed by DBE subcontractors, suppliers and trucking companies will count toward the goal. The information necessary to establish the bidder's adequate good faith efforts to meet the DBE goal should include: A. The names and dates of each publication in which a request for DBE participation for this project was placed by the bidder. B. 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. C. The items of work which the bidder made available to DBE firms, including, where appropriate, any breaking down of the contract work items (including those items normally performed by the bidder with its own forces) into economically feasible units to facilitate DBE participation. It is the bidder's responsibility to demonstrate that sufficient work to meet the DBE goal was made available to DBE firms. D. The names, addresses and phone numbers of rejected DBE firms, the firms selected for that work, and the reasons for the bidder's choice. E. Efforts made to assist interested DBEs in obtaining bonding, lines of credit or insurance, and any technical assistance or information related to the plans, specifications and requirements for the work which was provided to DBEs. F. Efforts made to assist interested DBEs in obtaining necessary equipment, supplies, materials, or related assistance or services, excluding supplies and equipment the DBE subcontractor purchases or leases from the prime contractor or its affiliate. G. The names of agencies contacted to provide assistance in contacting, recruiting and using DBE firms. H. Any additional data to support a demonstration of good faith efforts. 36 Local Assistance Procedures Qual • EXHIBIT 12 -E PS &E Checklist Instructions Attachment J 5-L SUBCONTRACTOR AND DBE RECORDS. -- The Contractor shall maintain records of all subcontracts. The records shall show those 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 "Final Report — Utilization of Disadvantaged Business Enterprises - (DBE), First -Tier Subcontractors" (Exhibit 17 -F /Form CEM -2402) and certified correct by the Contractor or his authorized representative, and shall be furnished to the Engineer. Page 12 -99 LPP 01 -04 33 March 15, 2001 o� r u T_ W c U Lcl N m C. t w 0 z a U N F- a F- N z _0 U cc Q. W U W m 0 0 W O 4a om w zZ aw 0 m zW wz Q am -. 0 0 3 aW- z� m D F z "ZLL Sao o'c r a w m� 0 • 34 �o r ry _i 0 0 a 120 ° i i avtw9 'U44= I G N I2 W `m I { w U Il i i Y � 3c �p w 4LL ar rc zw ]U O 4 <H to fA ER w to (A G. (A C W 0 Z V 6 U LL F Q V w 0 z a N N W Z T J 0 0 'n j L u 0 L tp uz 4 v. w 5zc e u0< �V¢U; v2Z I mZN _ � m J m a � N L i a i "a 'u d �zw ;0t 34 �o r ry _i 0 0 a EXHIBIT 17 -0 0 LeAssistance Procedures Manual Disadvantaged Business Enterprises (DBE) Certification Status Change Form CP -CEM 2403(F) (New 10/99) DISADVANTAGED BUSINESS ENTERPRISES (DBE) CHANGE IN CERTIFICATION STATUS REPORT The top of the form requires specific information regarding the construction project: Contract Number, County, Route, Post Miles/ Post Kilometers, the Administering Agency, the Contract Completion Date and the Estimated Contract Amount. It requires the Prime Contractor name and Business Address. The focus of the form is to substantiate and verify the actual DBE dollar amount paid to contractors on Federally funded projects that had a change in Certification status during the course of the completion of the contract. The two situations that are being addressed by CP -CEM 2403(F) are if a firm certified as a DBE and doing work on the contract during the course of the project becomes Decertified, and if a non -DBE firm doing work on the contract during the course of the project becomes Certified as a DBE. The form has a column to enter the Contract Item No (or Item No's) as well as a column for the Subcontractor Name, Business Address, Business Phone, and contractor's Certification Number. The column entitled Amount Paid While Certified will be used to enter the actual dollar value of the work performed by those contractors who meet the conditions as outlined above during the time period they are Certified as a DBE. This column on the CP -CEM -2403 (F) should only reflect the dollar value of work performed while the firm was Certified as a DBE. The column called Certification/Decertification Date (Letter attached) will reflect either the date of the Decertification Letter sent out by the Civil Rights Program or the date of the Certification Certificate mailed out by the Civil Rights Program. There is a box to check that support documentation is attached to the CP -CEM- 2403(F) form. There is a Comments section for any additional information that may need to be provided regarding any of the above transactions. The CEM -2403 (F) has an area at the bottom where the Contractor and the Resident Engineer sign and date that the information provided is complete and correct. Page 17 -44 March 15, 2001 35 LPP 01 -04 Local Assistance Procedures Sual PS &E Checklist Instructions • EXHIBIT 12 -E .Attachment K 5-1._ PERFORMANCE OF DBE SUBCONTRACTORS AND SUPPLIERS 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 terms, 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 furnish 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 -101 LPP 0 1 -04 36 March 15, 2001 Local Assistance ProcedureAual • EXHIBIT 12 -E PS &E Checklist Instructions Attachment NI 5-1.— 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 i041(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 coatings, such as epoxy coating, galvanizing, painting, 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 $2,500, whichever is greater. The Contractor shall furnish the Engineer acceptable documentation of the quantity and value of any foreign steel and iron prior to incorporating such materials into the work. Page 12 -105 LPP 01 -04 37 March 15, 2001 0 0 LOCAL AGENCY BIDDER - DBE- INFORMATION This information may be submitted with your bid proposal. If it is not, and you arc the apparent low bidder or the second or third low bidder, it must be submitted and received as specified in Section 2 -1.0213 of the Special Provisions. Failure to submit the required DBE information will be grounds for finding the proposal nonresponsive. CO: RTE. -K.Pr CONTRACT NO.: 3373 BIDAMOUNT:$ 1,761.7 365.00 BID OPENING DATE: Derpmher 3, 2007 BIDDER'S NAME. Sully - Miller Contracting Company DBE GOAL FROM CONTRACT: 8.83% DBE PRIME CONTRACTOR CERTIFICATION': CONTRACT ITEM OF WORK AND DBE CERT. NO. NAME OF DBEs DOLLAR AMOUNT ITEM NO. DFSCRIPrION OR SERVICES TO (Must be certified on the dale DBE' BE SUBCONTRACTED OR bids are opened - include DBE MATERIALS TO BE PROVIDED' address and phone number) 41 -43 Sewer Manholes CT- 024273 Ramirez Construct. $ 31,375.00 Covina, CA 626- 967 -5790 44 Traffic Loops CT- 012886 Traffic Loops Crac $ 7,600.00 Anaheim, CA 714 -520 -4026 11 -13 Structures Cert. #31286 LNA Concrete $ 58,350.00 Chino Hills, CA 909 - 393 -1493 15 -17, 47 Irrigation CT- 002534 Phoenix Landscape $ 37,400.00 Anaheim, CA 714 -572 -1410 2 Traffic Control Cert. #4850 Traffic Control End. $ 14,500.00 Fullerton, CA 714- 447 -6077 (CONTINUED) IMPORTANT: Identify all DBE firms being claimed for credit, Total Claimed $ cont'd regardless of tier. Copies of the DBE quotes are required. Names of the First Tier DBE Subcontractors and their respective Participation cont'd % item(s) of work listed above shall be consistent, where applicable, with the names and items of work in the "List of Subcontractors" submitted with your bid pursuant to the Subcontractors Listing Law and Section 2 -1.01, "General," of the Special Provisions. I. DBE prime contractors shall enter their DBE certification numtx . DBE prime _ contractors shall indicate all work to be performed by DBEs including work performed Signature of Bidder by its own forces. 2. If 100% of item is not to be performed or furnished by DBE, describe exact portion Date (Area Code) Tel. No. of item to be performed or furnished by DBE. 3. See Section 2 -1.02. "Disadvantaged Business Enterprise." to cicicmune the credit Person to Contact (please Type or Print) allowed for DBE firms. CT Bidder - DBE lnlomutron IReY yr ea -riI DBE -7 0 0 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 as specified in Section 2-1.0213 of the Special Provisions. Failure to submit the rec uired DBE information will be grounds for finding the proposal nonresponsive. CO: RTE: K.P.: CONTRACT NO.: 3373 BID AMOUNT: $ 1.767 365.00 _ BID OPENING DATE: December 3 7007 BFDDER'SNAME: Sully - Miller Contracting Co_ m,_pany DBE GOAL FROM CONTRACT: 8. 815 DBE PRIME CONTRACTOR CERTIFICATION l: CONTRACT ITEM OF WORK AND DBE CERT. NO. NAME OF DBEs DOLLAR AMOUNT ITEM NO. DESCRIPTION OR SERVICES TO (dust be certified on the dale DBE' BE SUBCONTRACTED OR bids are opened - include DBE MATERIALS TO BE PROVIDED' address and phone number) Trucking Cert. #CCA -615 C.P.R. Trucking $ 20,100.00 Sylmar, CA 818- 837 -8333 IMPORTANT: Identify all DBE firms being claimed for credit, Total Claimed $ 159, 425 .00 regardless of tier. Copies of the DBE quotes are required. Participation Names of the First Tier DBE Subcontractors and their respective 9 % item(s) of work listed above shall be consistent, where applicable, with the names and items of work in the "List of Subcontractors" submitted with your bid pursuant to the Subcontractors Listing Law and Section 2 -1 -01, "General," of the Special Provisions. 1. DBE prime contractors shall enter their DBE certification number. DBE prime contractors shall indicate all work to be performed by DBEs including work perfomxd Signature of Bidder Ron Sa Icido, V ice -Presi by its own forces - 12-3-02 714 - 578 -9600 2. B 100% of item is not to be performed or furnished by DBE, describe exact portion Date (Area Code) Tel No. of item to he performed or Furnished by DBE. Victor Hernandez _ 3. See Section 2 -1 02, "Disadvamaged Business Enterprise," to detemoine the credit Person to Course (Please Type or Print) allowed for DBE firms CT Bidder - DBE Iutormanon trcev,n -ta -ri) DBE -7 ien 0 • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT NEWPORT BOULEVARD / BALBOA BOULEVARD ROADWAY & STORM DRAIN REHABILITATION CONTRACT NO. 3373 NOTICE TO SUCCESSFUL BIDDER 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 shown on the "Notification of Award" to the successful bidder: • CONTRACT WITH REQUIRED INSURANCE CERTIFICATES AND ENDORSEMENTS • LABOR AND MATERIALS PAYMENT BOND • FAITHFUL PERFORMANCE BOND 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. Original Certificate(s) of Insurance, General Liability Insurance Endorsement, and Automobile Liability Insurance Endorsement shall be provided as required by the Contract documents and delivered to the Public Works Department within ten (10) working days after the date shown on the Notification of Award to the successful bidder. 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. i CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT NEWPORT BOULEVARD / BALBOA BOULEVARD ROADWAY & STORM DRAIN REHABILITATION CONTRACT NO. 3373 CONTRACT THIS AGREEMENT, entered into this day of , 2002, by and between the CITY OF NEWPORT BEACH, hereinafter "City," and Sully Miller Contracting, hereinafter "Contractor," is made with reference to the following facts: WHEREAS, City has advertised for bids for the following described public work: NEWPORT BOULEVARD / BALBOA BOULEVARD ROADWAY & STORM DRAIN REHABILITATION Project Description 3373 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. 3373, 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. 57 0 0 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, seven hundred sixty -seven thousand, three hundred sixty-five and 00/100 Dollars ($1,767,365.00) 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 CONTRACTOR City of Newport Beach Public Works Department 3300 Newport Boulevard Newport Beach, CA 92663 Attention: Fong Tse (949) 644 -3340 Sully Miller Contracting 1100 E. Orangethorpe Ave. Suite 200 Anaheim, CA 92801 714- 578 -9600 714- 578 -9672 (Fax) F. LABOR CODE 3700 LIABILITY INSURANCE Contractor, by executing this Contract, hereby certifies: "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 original 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 32 0 0 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: a) Insurance Services Office Commercial General Liability coverage "occurrence" form number CG 0002 (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. b) Insurance Services Office Business Auto Coverage form number CA 0002 0287 covering Automobile Liability, code 1 "any auto' and endorsement CA 0029 1288 Changes in Business Auto and Truckers Coverage forms - Insured Contract. c) 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. 59 i 4. Other Insurance Provisions 0 The policies are to contain, or be endorsed to contain, the following provisions: a) General Liability and Automobile Liability Coverages City, its officers, agents, 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, agents, 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, agents, 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. All of the executed documents referenced in this contract must be returned within ten (10) working days after the date on the "Notification of Award," so that the City may review and approve all insurance and bonds documentation. 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 rut a • 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 direct 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 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 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. J. CONFLICT If there is a conflict between provisions of this Contract and any other Contract Document, the provisions of this Contract shall prevail. 61 0 0 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 vear first written above. CITY CLERK AP7R VED AS TO FORM: i CITY A RNEY CITY OF NEWPORT BEACH A Municipal Corporation ii in Mayor SULLY MILLER Q0,NTRACTING By: — & Aut orized gignature and Title RON SALCIDO, VICE PRESIDENT 62 0 0 CERTIFICATE OF INCUMBENCY AND RESOLUTION I, Ron Salcido, do hereby certify that I am a Vice President of Sully- Miller Contracting Company, a Delaware corporation, and that as such I have access to and custody of the corporate records and minute books of said corporation, And I do hereby further certify that the following persons are duly elected officers of said corporation. TITLE Chairman of the Board President & CEO Chief Financial Officer & Treasure Vice President Vice President Vice President Secretary Assistant Secretary Assistant Secretary Assistant Secretary Assistant Secretary NAME Louis Gabanna R. Bruce Rieser Tim P. Orchard Ron Salcido Mitchell P. Vigna Peter Pouwels Stewart M. Fuhrmann George Aldrich Mary Lawson Mike Edwards James Wu I further certify that the following is a true and correct copy of a resolution duly adopted by the Board of Directors of said Company at a meeting held on December 22, 2000, and that this resolution has not been in any way rescinded, annulled or revoked but the same is still in full force and effect: "(AUTHORITY TO EXECUTIVE BIDS AND CONTRACTS) Resolved, that any officer of assistant officer of the Company be and each of them is hereby authorized to execute in the name and on the behalf of this Company under its corporate seal any and all proposals for the sale of products, merchandise and services of this Company and any bids and performance bonds required in the connection there- with, to the United States and of the State, territories and dependencies of the United States, the District of Columbia, cities, towns, townships, counties, school districts, and to the department, political subdivisions, agencies or wholly -owned corporation thereof, or to any other person." IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal this 28`h day of March 2002. (SEAL) �u . Ron Salcido, Vice President 1100 E. Orangethorpe Ave Ste 200 Anaheim, Ca. 92801 (714) 578 -9600 Ll State of California ) ss. County of Orange ) On 12/10/02 before me, DIANE INGRAM - NOTARY PUBLIC (Name and title "Notary Public "), �1 personally appeared RON SALCIDO name of signer, (X) personally known to me(or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. (Signature of Notary) (Seal of Notary) mar: • OPTIONAL Description of Attached Document Title of Type of Document ENTIRE CONTRACT AND BONDS C/O NEWPORT BCH Document Date: Number of Pages: Signer Other Than Named Above • None Capacity Claimed by Signer Signer's Name • RON SALCIDO Individual X Corporate Officer- Title: VICE PRESIDENT ❑ Partner - ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee G Guardian or Conservator ❑ Other: Signer is Representing: SULLY - MILLER CONTRACTING COMPANY 9 Certificate of Insurance IPIKCEIt1111(\rl ISISSIIDAIA'vIA I IFli 0I IN I ORWAONIY.AA)00N IIRI TP Mid II StI'0`s Y0L TI I EEE , . .. A:TLOYIIYIU. II)EL IHI(IIH)Ir_V1 l5V0I IAti;RA]CIP I� .VC This is to Certify that 1, SULLY- MILLER CONTRACTING COMPANY Name and _ Liberty 1100 E. ORANGETHORPE AVE., STE 200 �— address of Mutual,., ANAHEIM, CA 92801 Insured. L_ I Is, at he issue date of this certificate, insured by the Company under the policy(ies) listed below. The insurance afforded by the listed policy(ies) is subject to all their terms, exclusions and Conditions and is not altered by any requirement, term or condition of any wntract or other document with respect to which this cedificate maybe issued. - If the certificate expiration date Is continuous or extended term, you will be notified if coverage is terminated or reduced before the certificate expiration date. SPECIAL NOTICE-OHIO: ANY PERSON WHO, WITH INTENT TO DEFRAUD OR KNOWING THAT HE IS FACILITATING A FRAUD AGAINST AN INSURER, SUBMITS AN APPLICATION OR FILES A CLAIM CONTAINING A FALSE OR DECEPTIVE STATEMENT IS GUILTY OF INSURANCE FRAUD. IMPORTANT NOTICE TO FLORIDA POLICYHOLDERS AND CERTIFICATE HOLDERS: IN THE EVENT YOU HAVE ANY QUESTIONS OR NEED INFORMATION ABOUT THIS CERTIFICATE FOR ANY REASON, PLEASE CONTACT YOUR LOCAL SALES PRODUCER WHOSE NAME AND TELEPHONE NUMBER APPEARS IN THE LlbertY Nlutual Group LOWER RIGHT HAND CORNER OF THIS CERTIFICATE. THE APPROPRIATE LOCAL SALES OFFICE MAILING ADDRESS MAY ALSO BE OBTAINED BY CALLING THIS NUMB =R. NOTICE OF CANCELLATION. (NOT APPLICABLE UNLESS A NUMBER OF DAYS IS ENTERED BELOW .I BEFORE THE STATED EXPIRATION DATE THE COMPANY WILL NCT CANCEL OR REDUCE THE INSURANCE AFFORDED UNDER THE ABOVE POL'CIES UNTIL AT LEAST 30 OAY$ioi,ce of such termnahon or reduz, on has been mailed to - 324 THE CITY OF NEWPORT BEACH A -2 cazn_xaTE 3300 NEWPORT BLVD. ary A. Taylo NEWPORT BEACH, CA. 92663 AUTHORIZED REPRESENTATIVE East Hanover, NJ (973) 887 -7400 12 -12 -02 OFFICE PHONE NUMBER DATEISSUED Phis certificate is executed by LIBERTY MU'TGAL GROUP as respects such insurance as is afforded by Those Companies B5 772E R2 EXP. DATE ElCONTINUOUS i TYPE OF POLICY ❑ EXTENDED POLICY NUMBER LIMIT OF LIABILITY POLICY TERM WORKERS COVERAGE AFFORDED UNDER WC I EMPLOYERS LIABILITY j COMPENSATION LAW OF THE FOLLOWING STATES' Bodily Injury By Accident 411/2003 WC2- 631 - 004125 -652 CALIFORNIA $ 1,000,000 Each !Bodily Injury By Disease Pali $ 1,000,000 Policy (Bodily Injury By Disease i $ 1,000,000 Each Person I GENERAL LIABILITY General Aggregate - Other than Products /Completed Operations I I $ 3,000,000 ® OCCURRENCE 4/1/2003 RG2- 631. 004125 -662 j Products/Completed Operations Aggregate $ 3,000,000 CLAIMS MADE Bodily Injury and Property Damage Liability Per $ 2,000,000 Occurrence i Personal Injury Per Person/ IRETRO DATE I INCLUDED ABOVE Organization Other Other (AUTOMOBILE LIABILITY Each Accident - Single Limit $ 2,000,000 B.I. and P.D. Combined ® OWNED 4/1/2003 AS2- 631 - 004125 -672 Each Person ® NON -OWNED Each Accident or Occurrencg ® HIRED Each Accident or Occurrence i OTHER i I I ADDITIONAL COMMENTS THE CITY OF NEWPORT BEACH, IT'S OFFICERS, AGENTS, EMPLOYEES AND VOLUNTEERS ARE HEREBY NAMED ADDITIONAL INSURED AS RELATED TO THE PROJECT "NEWPORT BLVD /BALBOA BLVD. ROADWAY & STORM DRAIN REHABILITATION" AS REQUIRED BY CONTRACT. INSURANCE IS PRIMARY AND INCLUDES A WAIVER OF SUBROGATION IN FAVOR OF THE ADDITIONAL INSURED. SEE CANCELLATION BELOW. S/M JOB # 22264C. - If the certificate expiration date Is continuous or extended term, you will be notified if coverage is terminated or reduced before the certificate expiration date. SPECIAL NOTICE-OHIO: ANY PERSON WHO, WITH INTENT TO DEFRAUD OR KNOWING THAT HE IS FACILITATING A FRAUD AGAINST AN INSURER, SUBMITS AN APPLICATION OR FILES A CLAIM CONTAINING A FALSE OR DECEPTIVE STATEMENT IS GUILTY OF INSURANCE FRAUD. IMPORTANT NOTICE TO FLORIDA POLICYHOLDERS AND CERTIFICATE HOLDERS: IN THE EVENT YOU HAVE ANY QUESTIONS OR NEED INFORMATION ABOUT THIS CERTIFICATE FOR ANY REASON, PLEASE CONTACT YOUR LOCAL SALES PRODUCER WHOSE NAME AND TELEPHONE NUMBER APPEARS IN THE LlbertY Nlutual Group LOWER RIGHT HAND CORNER OF THIS CERTIFICATE. THE APPROPRIATE LOCAL SALES OFFICE MAILING ADDRESS MAY ALSO BE OBTAINED BY CALLING THIS NUMB =R. NOTICE OF CANCELLATION. (NOT APPLICABLE UNLESS A NUMBER OF DAYS IS ENTERED BELOW .I BEFORE THE STATED EXPIRATION DATE THE COMPANY WILL NCT CANCEL OR REDUCE THE INSURANCE AFFORDED UNDER THE ABOVE POL'CIES UNTIL AT LEAST 30 OAY$ioi,ce of such termnahon or reduz, on has been mailed to - 324 THE CITY OF NEWPORT BEACH A -2 cazn_xaTE 3300 NEWPORT BLVD. ary A. Taylo NEWPORT BEACH, CA. 92663 AUTHORIZED REPRESENTATIVE East Hanover, NJ (973) 887 -7400 12 -12 -02 OFFICE PHONE NUMBER DATEISSUED Phis certificate is executed by LIBERTY MU'TGAL GROUP as respects such insurance as is afforded by Those Companies B5 772E R2 Name of Person or Organization (Additional Insured): ADDITIONAL INSURED SCHEDULE THE CITY OF NEWPORT BEACH, ITS OFFICERS, AGENTS, OFFICIALS, EMPLOYEES AND VOLUNTEERS Location of Covered Operations (Designated Project): NEWPORT BLVD / BALBOA BLVD WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to Liability arising out of you ongoing operations or " your work" for that insured performed by or for you. The insurance afforded by this policy for the benefit of the additional insured shown above shall be primary but only with respect to any claims, loss or liability arising out of the operations of the named insured. Any insurance maintained by the additional insured shall be non contributory. It is further understood and agreed that the insurance afforded applies separately to each insured against whom claim is made or suit is brought. This endorsement is executed by the company below designated by an entry in the box opposite its name LIBERTY MUTUAL INSURANCE COMPANY PIemium $ �' LIBERTY MUTUAL FIRE INSURANCE COMPANY LIBERTY INSURANCE CORPORATION Effective Date 4/1/2002 Expiration Date 4/1/20023 LMNSLRANCECORPORATION 719E FIRST LIBERTY [INSURANCE C0RPORATi0A For attachment to Policy or Bond No. RG2- 631- 004125 -662 AS2- 631 - 004125 -672 Issued to SULLY - MILLER CONTRACTING CO. - ------:j-----------r--- AuBioriz4Representative E 0 WAIVER OF SUBROGATION ENDORSEMENT It is agreed that the company waives any right of subrogation if and when required by the insured's contract and in those states where permitted by law. Issued for the City of Newport Beach, its officers, agents, officials And Volunteers This endorsement is executed by the LIBERTY MUTUAL FIRE INSURANCE COMPANY For attachment to Policy No. WC2- 631 - 004125 -652 Workers Compensation Effective date: 4/1/2002 Expiration date: 4/1/2003 Issued to: SULLY - MILLER CONTRACTING CO. authorized representative DEC 16 -2002 MON 02:36 PM CAL SURANCE FAX NO, 7149391654 q C� 0 0 Fax #: !y!-�V11 -3314 CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach.. Date Received: lZ-/IO ' Z Dept. /Contac,t)I Received From: '54a Date Completed: /2- /%�a2— Sent to: Vl By: Company /Person required to have certificate: ►it, , &ejr n I. GENERAL LIABILITY A. INSURANCE COMPANY: B. AM BEST RATING (A: VII P. 01 C. ADMITTED Company (Must be California Admitted): No Is Company admitted in California? es ❑ D. 6 LIMITS (Must be $1M or greater): What is limit provided? aM0.00D .r ayr 8m�° E. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? [ es F. ADD ITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? No G. PRIMARY & NON - CONTRIBUTORY WORDING (Must be included): Is it included? Cik<es ❑ 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 RNO I. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. II. AUTOMOBILE LIABILITY A. INSURANCE COMPANY: Lrtier, n B. AM BEST RATING (A: VII or greater): a f. X V C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in Calffomia? Yes ❑ No D. LIMITS (Must be S1M min. BI & PD and $500,000 UM): What is limits provided? o O O L> j E. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? Yes ❑ No F. PRIMARY & NON - CONTRIBUTORY WORDING (For Waste Haulers only): Is it included? xYes ❑ No G. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. WORKERS'COMPENSATION A. INSURANCE COMPANY: B. AM BEST RATING (A: VII C. LIMITS: Statutory D. WAIVER OF SUBROGATION (To include): HAVE ALL ABOVE REQUIREMENTS BEEN MET7 IF NO, WHICH ITEMS NEED TO BE COMPLETED? Is it included? s . Yes ❑ No ❑ No CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL NEWPORT BOULEVARD / BALBOA BOULEVARD ROADWAY & STORM DRAIN REHABILITATION CONTRACT NO. 3373 To the Honorable City Council City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92663 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. 3373 in accordance 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 1. Lump Sum Mobilization @ 9 nl -6" Doll rs and n Cents Per Lump Sum 2. Lump Sum Traffic Control @ 4-40 5 Dollars and ".v Cents Per Lump Sum 3. 3 EA Construction Advisgry Sign oh e-'.4-1,1 c at $,n > @ -i %vve vJ n `r��6� Dollars and no Cents Per Each PR -1 $ F9 $ ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 4. Lump Sum Surveying Services @ (arl y lmr, o,SAru� Dollars and q q Cents $ I �� Per Lump Sum 5. 80 C.Y. Slurry Fill Existing Storm Drains @ he Lyll eA Dollars and J1 1) Cents $ $ w Per Cubic Yard 6. 1,000 L.F. Dewatering @ °r Dollars and h u Cents $ C v $' S ri Per Linear Foot 7. 235 L.F. Install 12 -inch CPn(2000 -D) 01)e hu sec @ c Dollars and h u Cents $ Z 5 , 0-t) $ 3 �, erU Per Linear Foot 8. 1,700 L.F. Install 18 -inch RCP (2000 -D) @ Alin aL S42 Dollars and Jj,y Cents $ 7, tit, $ 1 Per Linear Foot T 9. 1 EA Concrete Coll r @ ' Dollars and h v Cents $ l Per Each 10. 1,500 L.F. Concrete Encasement @ euenje,trl Dollars and h Cents $ 1-:z ,-t) Per Linear Foot PR -2 6L. �.,s��„•x Dollars and h U Cents $ 4 $� Per Each 14. 58 EA Ultra Urban Filter System Per Bas! inlet OpQping Dollars and P li Cents Per Each 15. 500 L.F. Install 2 -inch SCH -40 PVC Sleeve $ 51 Oz�, cro $ @ ; Dollars and p.,) Cents $ Ifl) $ l ; tv Per Linear Foot 16. 400 L.F. Install 4 -Inch SCH -40 PVC Sleeve @1%1A, Six. Dollars and ti Cents $ 1? $ jTi�• &11 . Cti Per Linear Foot ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 11. 9 EA Construct PCC Junction Structure (Cit Std. 310 -L) Th,-e� @g•_Dollars and Y10 Cents $" 0 C10 $ 42 Z t2mv, C Per Each 12. 7 EA Curb Inlet (Type OS) (City Std. 306 -L) @ , b Dollars and N 1) Cents In' tz Per Each 13. 6 EA Double Opening Curb Inlet Per Detail "C" (Sheet 16) 6L. �.,s��„•x Dollars and h U Cents $ 4 $� Per Each 14. 58 EA Ultra Urban Filter System Per Bas! inlet OpQping Dollars and P li Cents Per Each 15. 500 L.F. Install 2 -inch SCH -40 PVC Sleeve $ 51 Oz�, cro $ @ ; Dollars and p.,) Cents $ Ifl) $ l ; tv Per Linear Foot 16. 400 L.F. Install 4 -Inch SCH -40 PVC Sleeve @1%1A, Six. Dollars and ti Cents $ 1? $ jTi�• &11 . Cti Per Linear Foot ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 4 17. 20 EA Install 10 -inch Round Plastic Irrigation Valve Box @ fling 'ktA 1jr-1) Dollars and Cents Per Each 18. 190 LF Install and Connect Water Service Lateral and 1 -inch Water Service Meter (City Std. 502 -L) 19. 20. 21 $ @�r�r Dollars and Y) i+ Cents $ ' C-V $ 270, c'v Per Linear Foot 1 EA Connect 1 -inch (Hot Tap) Service to Existing 8 -inch Steel Pipe (City Std. 502 -L) 4 uL IOUt e'Z Dollars and h y Cents $ 6ev, ers Per Each 4,700 L.F. Remove and Replace (Variable Height) PCC Curb & Gutter (City Std. 182 -L, Type A) $ stw o @ Dollars and �a Cents $ /7 / $ 7 Per Linear Foot 380 L.F. Remove and Replace (Variable Height) PCC Curb (City Std. 182 -L, Type B) @ 0) J'hQ Dollars and Cents $ IT $ 220. � Per Linear Foot PR -4 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 22. Lump Sum Relocate Existing Street Light and Street Light System (City Std. 201 -L, 204 -L, and 2/05 - -L) @ k� �°-�+ Dollars and Cents $ j �, Per Lump Sum / 23. 23,500 S.F. Remove and Replace 4 -inch Thick PCC Sidewalk (City Std. 180 -L) @ .e.e Dollars and Cents $. $ 70,50c) Per Square Foot 24. 3,100 L. F. Construct 2 -Foot Wide PCC Gutter Per Detail "A" (Sheet 2) @_ Dollars and Cents $ / `i $ Per Linear Foot 25. 15 EA PCC Access Ramp (Caltrans Std. A88A, Case C) II i @ Dollars and L/0 Cents $ c7co $ J 590. Per Each 26. 1,500 S.F. PCC Res. Driveway Approach Type II (City Std. 163 -L) @_ r U�✓ Dollars and / Cents $ $ 000. Per Square Foot PR -5 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 27. 1,500 S.F. Commercial Driveway Approach Type I (City Std 160 -L) M 29. 30. 31 32. @ Dollars and / /&_0 Cents $ $ - 5(*) 0 Per Square Foot Lump Sum Construct Parkway Culvert Per Detail A -A (Sheet 4) @ir �z _l Dollars and A1_' Cents 8,000 L.F 2300 C.Y 3500 S.F 10 EA Per Lump Sum Construct AC Patch Back @ J re Dollars and Cents 3 Per Lineal Foot Unclassified Excavation $500(), $ v @ Dollars and h i Cents $ .3U / 0V $ 4 N. G'7tC1,�`U Per Cubic Yards Roadway Over Excavation @ %1» Dollars 1 � and Cents $ 1.50 $ S�ti Per Square Foot Remove Existing Catch Basin/ Grate Inlet @ ,, ^ Dollars and n U Cents $,'GV. cr11 $ e", cru Per Each 2W ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 33. 6 EA Remove Existing Roadway Grate Inlet @ )r7odzr k4 Y- iV Dollars and h y Cents $ 01) e7I $ at' Per Each 34. 36,000 S.F. AC Cold Plane Dollars and t �f�,'✓� Cents $ �' $ Per Square Foot 35. 28,000 S.F. PCC Cold Plane @ Ovu— Dollars and _eCents $ 5� $ t% Per Square root 36. 3,000 Ton Variable Thickness Leveling Course @ r2?�:.7Y �r Dollars and 1/7__� Cents $ $ 3R 00o. Per Ton 37. 100,800 S.F. Install Fabric Glass Grid 8502 @ h i Dollars and Cents $ o,75 $ �c'U Per Squar Foot 7� 38. 1,200 C.Y. Import Fill @ S.x&,✓r Dollars and h v Cents $ 1 (Z' , r) $ le �J, y Per Cubic Yard PR -7 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 39. 5,000 Ton AC Pavement Section @ Dollars and h o Cents $ tf try $ 1;2a) PIT, _M Per Ton 40. 3,800 Ton 2 -inch Thick ARHM Surface Course @C-- Dollars and 17 o Cents $ 55,yy $ „;2o , cqv Per Ton 41. 24 EA Adjust Manhole to Grade (City Std. 111 -L) @ Dollars and ZL44) Cents $ 140c), $ O-00 / Per Each 42. 30 EA Replace Valve Riser and Cover and Adjust to Grade (City Std. 511 -L) @ '/ dollars and Cents $_ / $ ' / Per Each 43. 5 EA Adjust Survey Monument to Grade (City Std. 511 -L) @ Dollars and Cents $ SO $ 1 Per Each 44. 40 EA Install Loops rTraffic @ Dollars Cents $ 1 90. $ 7� 6 Per Each ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 45. Lump Sum Pavement Striping, Markers and Markings 1 @ , �� Dollars and j �v Cents $ N Per Lump Sum 46. 4 EA Reinstall Parking Meter z @ t'r oars and h t) Cents $ U51 cr% $ SGZ' ; [►y Per Each 47. Lump Sum Remove, Restore, and Replace Existing Irrigation and Landscaping @ $ v x; " Dollars and �d Cents $ 16 ) 0 Per Lump Sum 48, Lump Sum As -built Plans and DBE Certification Form @ /Dollars and 11 o Cents $ Arv, c Per Lump Sum 49. 5 EA Reconstruct E 'stigg Curb Drains .-Two @ Dollars and 6 L Cents Per Each ] y' ' • • ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 4 50. 1,000 S.F. Construct Cross Gutters @ Dollars and � Cents $ $ Per Square Foot TOTAL PRICE IN WRITTEN WORDS and _Cents NOVEMBER 25, 2002 Date BUS: 714 578 -9600 FAX: 714 578 -9672 Bidder's Telephone and Fax Numbers 747612 A Bidder's License No(s). and Classification(s) PR -10 Dollars $ 1, 7( 27, 3(5, 1__� Total Price (Figures) SULLY - MILLER CONTRACTING CO. Bidder /ti B ftA&ffiied Vrc EtIESIUENI 1100 E. ORANGETHORPE AVE., ANAHEIM, CA Bidder's Address PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS NEWPORT BOULEVARD / BALBOA BOULEVARD ROADWAY & STORM DRAIN REHABILITATION CONTRACT NO. 3373 INTRODUCTION PART 1 - -- GENERAL PROVISIONS SECTION 2 SCOPE AND CONTROL OF THE WORK 2 -6 WORK TO BE DONE 2 -9 SURVEYING 2 -9.3 Survey Service 2 -9.6 Survey Monuments 2.12 FEDERAL REQUIREMENTS 2 -12.5 Award and Execution of Contract 2 -12.6 Labor Nondescrim!nation 2 -12.7 Prevailing Wage 2 -12.8 Subcontractor and DBE Records 2 -12.9 DBE Certification Status 2 -12.10 Performance of DBE Subcontractors and Suppliers 2 -12.11 Subcontracting SECTION 3 CHANGES IN WORK 3 -3 EXTRA WORK 3 -3.2 Payment 3 -3.2.3 Markup SECTION 4 CONTROL OF MATERIALS 4 -1 MATERIALS AND WORKMANSHIP 4 -1.3 Inspection Requirements 4 -1.3.4 Inspection and Testing SECTION 5 UTILITIES 5 -2 PROTECTION 5 -7 ADJUSTMENTS TO GRADE 5 -8 SALVAGED MATERIALS SECTION 6 PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 1 1 1 1 2 2 2 2 2 2 3 4 4 5 5 5 5 ig 5 5 5 L 6 -1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF THE WORK 6 6 -7 TIME OF COMPLETION 7 6 -7.1 General 7 6 -7.2 Working Days 7 6 -7.4 Working Hours 7 6 -9 LIQUIDATED DAMAGES 8 SECTION 7 RESPONSIBILITIES OF THE CONTRACTOR 8 7 -7 COOPERATION AND COLLATERAL WORK 8 7 -8 PROJECT SITE MAINTENANCE 8 7 -8.1 Cleanup and Dust Control 8 7 -8.5 Temporary Light, Power and Water 8 7 -8.6 Water Pollution Control 9 7 -8.8 Steel Plates 9 7 -9 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS 9 7 -10 PUBLIC CONVENIENCE AND SAFETY 9 7 -10.1 Traffic and Access 9 7 -10.2 Storage of Equipment and Materials in Public Streets 9 7 -10.3 Street Closures, Detours, Barricades 9 7 -10.4 Public Safety 11 7- 10.4.1 Safety Orders 11 7 -10.5 "No Parking" Signs 11 7 -10.7 Notice to Residents and Temp Parking Permits 11 7 -15 CONTRACTOR LICENSES 12 7 -16 CONTRACTOR'S RECORDS /AS BUILT DRAWINGS 12 SECTION 9 MEASUREMENT AND PAYMENT 12 9 -1 MEASUREMENT OF QUANTITIES FOR UNIT PRICE WORK 12 9 -1.1 General 12 9 -3 PAYMENT 12 9 -3.1 General 12 9 -3.2 Partial and Final Payment 19 PART 2 - -- CONSTRUCTION MATERIALS SECTION 201 CONCRETE, MORTAR, AND RELATED MATERIALS 20 201 -1 PORTLAND CEMENT CONCRETE 20 201 -1.1.2 Concrete Specified by Class 20 201 -2 REINFORCEMENT FOR CONCRETE 20 0 0 201 -2.2.1 Reinforcing Steel 20 201 -5 CEMENT MORTAR 20 201 -5.1 General 20 SECTION 207 PIPE 20 207 -2 REINFORCED CONCRETE PIPE (RCP) 20 207 -2.1 General 20 207 -2.5 Joints 20 SECTION 214 PAVEMENT MARKERS 20 214 -4 NONREFLECTIVE PAVEMENT MARKERS 20 214 -5 REFLECTIVE PAVEMENT MARKERS 20 SECTION 215 STORM DRAIN FILTERS 21 215 -1 GENERAL 21 216 CONSTRUCTION ADVISORY SIGN 21 216 -1 General 21 PART 3 - -- CONSTRUCTION METHODS SECTION 300 EARTHWORK 21 300 -1 CLEARING AND GRUBBING 21 300 -1.3 Removal and Disposal of Materials 21 300 -1.3.1 General 21 300 -1.3.2 Requirements 21 300 -1.5 Solid Waste Diversion 22 SECTION 302 ROADWAY SURFACING 22 302 -5 ASPHALT CONCRETE PAVEMENT 22 302 -5.1 General 22 302 -5.4 Tack Coat 22 SECTION 303 CONCRETE AND MASONRY CONSTRUCTION 22 303 -5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 22 303 -5.1 Requirements 22 303 -5.1.1 General 22 303 -5.5.2 Curb 22 SECTION 307 STREET LIGHTING AND TRAFFIC SIGNALS 23 0 0 307 -4 TRAFFIC SIGNAL CONSTRUCTION 23 307 -4.9.3 Inductive Loops 23 SECTION 310 PAINTING 23 310 -5 PAINTING VARIOUS SURFACES 23 310 -5.6 Painting Traffic Striping, Pavement Markings, and Curb Markings 23 310 -5.6.7 Layout, Alignment and Spotting 23 310 -5.6.8 Application of Paint 23 SECTION 312 PAVEMENT MARKER PLACEMENT AND REMOVAL 24 312 -1 PLACEMENT 24 PART 4 SECTION 400 ALTERNATE ROCK PRODUCTS, ASPHALT CONCRETE, PORTLAND CEMENT CONCRETE AND UNTREATED BASE MATERIAL 24 400 -2 UNTREATED BASE MATERIALS 24 400 -2.1 General 24 400 -2.1.1 Requirements 24 _91T.-W-7 SECTION 600 MODIFIED ASPHALTS, PAVEMENTS AND PROCESSES 24 600 -2 CRUMB RUBBER MODIFIED (CRM) BINDERS AND PAVEMENTS -WET PROCESS 24 600 -2.1 Asphalt Rubber 24 600 -2.1.1 General 25 600 -2.6 Asphalt Rubber Hot Mix Gap — Graded 25 600 -2.6.3 Rolling 25 0 • SP 1 OF 29 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS NEWPORT BOULEVARD / BALBOA BOULEVARD ROADWAY AND STORM DRAIN REHABILITATION CONTRACT NO. 3373 INTRODUCTION All work necessary for the completion of this contract shall be done in accord with (1) these Special Provisions; (2) the Plans (Drawing No. R- 5809 -S); (3) the City's Standard Special Provisions and Standard Drawings for Public Works Construction, (1994 edition), including Supplements; (4) Standard Specifications for Public Works Construction (1997 edition), including supplements. Copies of the Standard Special Provisions and Standard Drawings may be purchased at the Public Works Department. Copies of the Standard Specifications may be purchased from Building News, Inc., 1612 South Clementine Street, Anaheim, CA 92802, 714 - 517 -0970. The following Special Provisions supplement or modify the Standard Specifications for Public Works Construction as referenced and stated hereinafter: PART GENERAL PROVISIONS SECTION 2-- -SCOPE AND CONTROL OF THE WORK 2 -6 WORK TO BE DONE. Add to this section: "The work necessary for the completion of this contract consists of mobilization, traffic control, construction notifications, survey services, sidewalks, curb and gutter and roadway reconstruction, construct storm drain systems, install irrigation system components, install Ultra Urban filters, and complete all other items of work as required on place. 2 -9 SURVEYING 2 -9.3 Survey Service. Add to this section: "The Contractor will provide construction staking as required to construct the improvements. All existing street and property corner monuments are to be preserved. The Contractor will be back - charged for the cost of restoring any survey monument damaged by the Contractor outside the project limits." The cost of filing corner records shall be borne by the Contractor. 0 • SP 2 OF 29 2 -9.6 Survey Monuments. The Contractor shall, prior to the beginning of work, inspect the project for existing survey monuments and protect them during construction operations. In the event that existing survey monuments are removed or otherwise disturbed during the course of work, the Contractor shall have the affected survey monuments restored per records, at his expense. The Contractor's Engineer or Licensed Surveyor shall also file the required Corner Records with the County of Orange upon monument restoration. 2 -12 FEDERAL REQUIREMENTS 2 -12.5 AWARD AND EXECUTION OF CONTRACT The bidder's attention is directed to the provisions in Section 3, "Award and Execution of Contract," of the Standard Specifications and these special provisions for the requirements and conditions concerning award and execution of contract. The award of the 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 City, adequate good faith efforts to do so. Meeting the goal for DBE participation or demonstrating to the satisfaction of the City, adequate good faith efforts to do so is a condition for being eligible for award of contract. 2 -12.6 LABOR NONDESCRIMINATION — Attention is directed to the following Notice that is required by Chapter 5 of Division 4 of Title 2, California Code of Regulations. Your attention is called to the "Nondescrimination Clause ", set forth in Section 7- 1.01A(4), "Labor Descrimination," of the Standard Specifications, which is applicable to all nonexempt state contracts and subcontracts, and to the "Standard California Nondiscrimination Construction Contract Specifications" set forth therein. The Specifications are applicable to all nonexempt state construction contracts and subcontracts of $5,000 or more. 2 -12.7 PREVAILING WAGE -- Attention is directed to Section 7- 1.01A(2), "Prevailing Wage," of the Caltrans Standard Specifications. The general prevailing wage rates determined by the Director of Industrial Relations, for the county or counties in which the work is to be done, are attached and are available at the Public Works Department. Changes to the general prevailing wage rates will be available at the same location. 2 -12.8 SUBCONTRACTOR AND DBE RECORDS The Contractor shall maintain records showing the name and business address of each first -tier subcontractor. The records shall also show the name and business address of every DBE subcontractor, DBE vendor of materials and DBE trucking 0 • SP3OF29 company, regardless of tier. The records shall show the date of payment and the total dollar figure paid to all of these firms. DBE prime contractors shall also show the date of work performed by their own forces along with the corresponding dollar value of the work. Upon completion of the contract, a summary of these records shall be prepared on Form CEM -2402 (F) and certified correct by the Contractor or the Contractor's authorized representative, and shall be furnished to the Engineer. The form shall be furnished to the Engineer within 90 days from the date of the contract acceptance. $10,000 will be withheld from payment until the Form CEM -2402 (F) is submitted. The amount will be returned to the Contractor when a satisfactory Form CEM -2402 (F) is submitted. Prior to the fifteenth of each month, the Contractor shall submit documentation to the Engineer showing the amount paid to DBE trucking companies listed in the Contractor's DBE information. This monthly documentation shall indicate the portion of the revenue paid to DBE trucking companies which is claimed toward DBE participation. The Contractor shall also obtain and submit documentation to the Engineer showing the amount paid by DBE trucking companies to all firms, including owner - operators, for the leasing of trucks. The DBE who leases trucks from a non -DBE is entitled to credit only for the fee or commission it receives as a result of the lease arrangement. The records must confirm that the amount of credit claimed toward DBE participation conforms with Section 2 -1.02. The contractor shall also obtain and submit documentation to the Engineer showing the truck number, owner's name, California Highway Patrol CA number, and if applicable, the DBE certification number of the owner of the truck for all trucks used during that month for which DBE participation will be claimed. This documentation shall be submitted on Form CEM -2404 (F). 2 -12.9 DBE CERTIFICATION STATUS If a DBE subcontractor is decertified during the life of the project, the decertified subcontractor shall notify the Contractor in writing with the date of decertification. If a subcontractor becomes a certified DBE during the life of the project, the subcontractor shall notify the Contractor in writing with the date of certification. The Contractor shall furnish the written documentation to the Engineer. Upon completion of the contract, Form CEM -2403 (F) indicating the DBE's existing certification status shall be signed and certified correct by the Contractor. The certified form shall be furnished to the Engineer within 90 days from the date of contract acceptance. Ll • SP4OF29 2 -12.10 PERFORMANCE OF DBE SUBCONTRACTORS AND SUPPLIERS The DBEs listed by the Contractor in response to the provisions in Section 2- 1.026, "Submission of DBE Information," and Section 3, "Award and Execution of Contract," of these special provisions, which are determined by the City 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: A. 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 terms, 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. B. The listed DBE becomes bankrupt or insolvent. C. The listed DBE fails or refuses to perform his subcontract or furnish the listed materials. D. 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. E. 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. F. It would be in the best interest of the City. 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. 2 -12.11 SUBCONTRACTING Attention is directed to the provisions in Section 8 -1.01, "Subcontracting," and Section 2, "Proposal Requirements and Conditions," and Section 3, "Award and Execution of Contract," of the Caltrans Standard Specifications. Pursuant to the provisions in Section 1777.1 of the Labor Code, the Labor Commissioner publishes and distributes a list of contractors ineligible to perform work as a subcontractor on a public works project. This list of debarred contractors is available from the Department of Industrial Relations web site at http: / /www.dir.ca.gov. /dir /Labor law /SLSE /Debar.html. The provisions in the third paragraph of Section 8 -1.01, "Subcontracting," of the Standard Specifications, that the Contractor shall perform with the Contractor's own organization contract work amounting to not less than 50 percent of the original contract price is not changed by the Federal Aid requirement specified under "Required Contract Provisions Federal -Aid Construction Contracts" in Section 14 of these special provisions that the Contractor perform not less than 30 percent of the original work with the Contractor's own organization • SP5OF29 Each subcontract and any lower tier subcontract that may in turn be shall include the "Required Contract Provisions Federal -Aid Construction Contracts" in Section 14 of these special provisions. This requirement shall be enforced as follows: A. Noncompliance shall be corrected. Payment for subcontracted work involved will be withheld from progress payments due, or to become due, until correction is made. Failure to comply may result in termination of the contract. SECTION 3 - -- CHANGES IN WORK 3 -3 EXTRA WORK 3 -3.2 Payment 3 -3.2.3 Markup. Replace this section with, "(a) Work by Contractor. The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits: 1) Labor ............. ............................... 20 2) Materials ........ ............................... 15 3) Equipment Rental ........................... 15 4) Other Items and Expenditures ........... 15 To the sum of the costs and markups provided for in this subsection, 1 percent shall be added for compensation for bonding. (b) Work by Subcontractor. When all or any part of the extra work is performed by a Subcontractor, the markup established in 3- 3.2.3(a) shall be applied to the Subcontractor's actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor." SECTION 4 - -- CONTROL OF MATERIALS 4 -1 MATERIALS AND WORKMANSHIP 4 -1.3 Inspection Requirements 4 -1.3.4 Inspection and Testing. All material and articles furnished by the Contractor shall be subject to rigid inspection, and no material or article shall be used in the work until it has been inspected and accepted by the Engineer. The Contractor shall furnish the Engineer full information as to the progress of the work in its various parts and shall give the Engineer timely (48 hours minimum) notice of the Contractor's readiness for inspection. 0 • SP 6 OF 29 The Engineer shall select an independent testing laboratory and pay for all testing as specified in the various sections of the Standard Special Provisions and these Special Provisions. When, in the opinion of the Engineer, additional tests and retesting due to failed tests or inspections are required because of unsatisfactory results in the manner in which the Contractor executed his work, such tests and inspections shall be paid for by the Contractor. SECTION 5 - -- UTILITIES 5 -2 PROTECTION. Add the following: "In the event that an existing pull or meter box or cover is damaged by the work and is not re- useable, the Contractor shall provide and install a new pull or meter box or cover of identical type and size at no additional cost to the City." 5 -7 ADJUSTMENTS TO GRADE. The Contractor shall adjust to finish grade City - owned water meter boxes, water valve covers, sewer manholes, sewer cleanouts and survey monuments. The Contractor shall coordinate the adjustment of Southern California Edison, The Gas Company, Pacific Bell and cable television facilities to the finish grade with the appropriate utility company. The contractor shall remove and salvage City -owned sewer manhole covers and grade rings and City owned water valve cans and covers, and furnish and install new sewer manhole cover and water valve covers prior to finish grade adjustment. 5 -8 SALVAGED MATERIALS. The Contractor shall salvage all existing meter or valve box covers and all removed cast iron pipes. Salvaged materials shall be delivered to the City's Utility Yard at 949 West 16th Street. The Contractor shall make arrangements for the delivery of salvaged materials by contacting Mr. Ed Burt, Utilities Superintendent, at (949) 718 -3402. SECTION 6 - -- PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6 -1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Add to this section: "The time of completion as specified in Section 6 -7, shall commence on the date of the 'Notice to Proceed." No work shall begin until a "Notice to Proceed" has been issued, a pre- construction meeting has been conducted, and a schedule of work and the traffic control plan have been approved by the Engineer. The Contractor shall submit a construction schedule and the traffic control plan to the Engineer for approval a minimum of five working days prior to the pre- construction meeting. Schedule may be bar chart or CPM style and shall have included that construction work shall be limited to two (2) blocks at a time. In addition, the existing power pole along the westerly side of Balboa Boulevard in the 9 • SP7OF29 vicinity of 25th Street and the roadway realignment work will be removed by the areas undergrounding contractor by the middle of January 2003. Contractor shall schedule work to start at 16th Street in order to allow time for the removal of the power pole. The Engineer will review the schedule and may require the Contractor to modify the schedule to conform to the requirements of the Contract Documents. If work falls behind the approved schedule, the Contractor shall be prohibited from starting additional work until he has exerted extra effort to meet his original schedule and has demonstrated that he will be able to maintain his approved schedule in the future. Such stoppages of work shall in no way relieve the Contractor from his overall time of completion requirement, nor shall it be construed as the basis for payment of extra work because additional personnel and equipment were required on the job." The City intends to award this project on December 10, 2002. The pre - construction meeting is scheduled for the first week of January 2003. 6 -7 TIME OF COMPLETION 6 -7.1 General. Add to this section: "The Contractor shall complete all work under the Contract within 100 consecutive working days after the date on the Notice to Proceed or May 23, 2003 whichever occurs first, excluding the installation of permanent pavement striping and markings. " It will be the Contractor's responsibility to ensure the availability of all material prior to the start of work. Unavailability of material will not be sufficient reason to grant the Contractor an extension of time for 100 percent completion of work." 6 -7.2 Working Days. Revise 3) to read: "any City holiday, defined as January 1st t the third Monday in January (Martin Luther King Day), the third Monday in February (President's Day), the last Monday in May (Memorial Day), July 4th, the first Monday in September (Labor Day), November 11th (Veterans Day), the fourth Thursday in November (Thanksgiving), December 24th, (Christmas Eve — half day), December 25th (Christmas), and December 31St (New Year's Eve — half day). If January 1st, July 4th, November 11th or December 25th falls on a Sunday, the following Monday is a holiday." 6 -7.4 Working Hours. Normal working hours are limited to 7:00 AM to 3:30 PM Monday through Friday. Should the Contractor elect to work outside normal working hours, he must first obtain special permission from the Engineer. The request may be for 4:30 P.M. to 6:30 P.M. on weekdays or 8:00 A.M. to 6 P.M. on Saturday only. A request for working during any of these hours must be made at least 72 hours in advance of the desired time period. A separate request must be made for each work shift. The Engineer reserves the right to deny any or all such requests. Additionally, the Contractor shall pay for supplemental inspection costs of $55.00 per hour when such time periods are approved. • • SP8OF29 6 -9 LIQUIDATED DAMAGES. Revise sentence three to read: "For each consecutive calendar day after the time specified in Section 6 -7 -1 for completion of the work, the Contractor shall pay to the City or have withheld from moneys due it, the daily sum of $1,000. Revise paragraph two, sentence one, to read: "Execution of the Contract shall constitute agreement by the Agency and Contractor that $1,000 per day is the minimum value of the costs and actual damage caused by the failure of the Contractor to complete the Work within the allotted time. The intent of this section is to emphasize to the Contractor the importance of prosecuting the work in an orderly preplanned continuous sequence so as to minimize inconvenience to residences, businesses, vehicular and pedestrian traffic, and the public as a result of construction operations." SECTION 7 - -- RESPONSIBILITIES OF THE CONTRACTOR 7 -7 COOPERATION AND COLLATERAL WORK. Add to this section: "If needed, City forces will perform all shut downs of water facilities. The Contractor shall give the City seven calendar days notice of the time he desires the shut down of facilities to take place. A four -hour shut down of water facilities during the daytime hours of 10:00 AM to 2:00 PM. The Contractor will be responsible for completing all water connections within the time period allowed. The times and dates of any utility to be shut down must be coordinated with the City of Newport Beach, Utilities Department. The Contractor is hereby made aware that the City's on -going Balboa Village Project is located easterly of this work; the on -going undergrounding Project along Newport Boulevard and Balboa Boulevard is in the vicinity of this work; and that Balboa Boulevard and Newport Boulevard are the only roadways available to reach the "Village" and " Undergrounding" work sites. The Contractor shall anticipate and facilitate continuous construction traffic for these other projects within this project's work limits on work days." 7 -8 PROJECT SITE MAINTENANCE 7 -8.1 Cleanup and Dust Control. Add to this Section, "Each work location shall be cleaned and barricaded at the end of each day until the Work is completed." 7 -8.5 Temporary Light, Power and Water. Add to this section: "If the Contractor elects to use the City's water, he shall arrange for a meter and tender an $813 meter deposit with the City. Upon return of the meter to the City, the deposit will be returned to the Contractor, less a quantity charge for water usage and repair charges for damage to the meter." • • SP9OF29 All water used during construction will be paid for by the Contractor including water for flushing and pressure testing all lines. 7 -8.6 Water Pollution Control. Add to this section, "Surface runoff water, including all water used during sawcutting operations, containing mud, silt or other deleterious material due to the construction of this project shall be treated by filtration or retention in settling basin(s) sufficient to prevent such material from migrating into any catch basin, Newport Harbor, or onto the beach." 7 -8.8 Steel Plates. The City may be able to provide a limited quantity of steel plates. These plates may be obtained for a rental charge of $15.00 per plate per week or part thereof. In addition the Contractor shall deposit $100 for the use of the City's lifting eye fitting and for the use of trench plates. The Contractor shall obtain plates from and return plates to the City's Utilities Yard at 949 West 16th Street. To determine the number of plates available and to reserve the plates, the Contractor must call the City's Utilities Superintendent, Mr. Ed Burt, at (949) 718 -3402 to make arrangements. 7 -9 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS. Add to this Section, "The Contractor is hereby advised that the City work under this contract adjoins private properties. The Contractor shall be responsible for the in -kind repair of any and all private properties damaged during the course of the Work, to the satisfactory of the Engineer. The Contractor is advised to photograph the private improvements adjacent to the Work for record and future references." Add the following to the first sentence of the second paragraph after "e.g. ", "curb drains and private irrigation lines." 7 -10 PUBLIC CONVENIENCE AND SAFETY 7 -10.1 Traffic and Access. Add to this section: "The Contractor shall provide traffic control and access in accord with Section 7 -10 of the Standard Specifications and the Work Area Traffic Control Handbook (WATCH) also published by Building News, Inc." 7 -10.2 Storage of Equipment and Materials in Public Streets. Delete the first paragraph and add the following, "Construction materials shall not be stored within streets, roads, or sidewalk areas." In addition, the contractor shall locate a staging area for the engineer's approval prior to mobilization. 7 -10.3 Street Closures, Detours, Barricades. Modify this Section to read, "The Contractor shall submit traffic control and detour plan(s) for each phase of work to the Engineer and it shall conform with the provisions of the W.A.T.C.H. Such plan(s) shall be submitted to the City at least five (5) working days before the pre - construction meeting and shall be signed by a registered Traffic Engineer and shall include the following: • 1. Access and Traffic Controls • SP 10 OF 29 Access to all side streets, parking lots, and service driveways shall be maintained at all times. Emergency vehicle access shall be maintained at all times. The location and wording of all barricades, signs, delineators, lights, warning devices, and any other details required shall assure that all pedestrian and vehicular traffic will be handled in a safe an efficient manner with minimum inconvenience to the public. All advanced warning sign installations shall be reflectorized and /or lighted. The Contractor shall provide solar - powered arrowboards and uniformed fiagpersons to direct traffic through all construction areas at all times. The Contractor shall be aware and make provisions that the Contractor for the Balboa Village project as well as OCTA buses will pass through the construction site on a daily basis. 2. Traffic Through and Turn Lanes The Contractor shall not close more than one (1) traffic lane in either travel direction before 9 AM or after 3 PM on work days. Two traffic lanes shall be maintained during non -work hours. All traffic lanes must be open for public use after 3 PM on days of the Newport Beach Annual Christmas Boat Parade from December 18, 2002 to December 22, 2002. In case of left -turn pocket(s) closures, the affected traffic will be allowed to make U -turns at the next intersection. The "left- turn" lanes for southbound Newport Boulevard motorists turning onto 215t and 22" d Street shall be open between 11 AM and 1 PM. 3. Parking Except for paving operations, on- street parking shall be at least seventy -five percent restored during non -work hours. All on- street parking shall be available for public use whenever no work is being performed adjacent to these parking spaces. Maintain at least t/2 of all of the parking spaces per block at all times. • • SP 11 OF 29 All parking lanes must be open for public use after 3 PM on days of the Newport Beach Annual Christmas Boat Parade from December 18, 2002 to December 22, 2002. 7 -10.4 Public Safety 7- 10.4 -1 Safety Orders. Add to this section: "The Contractor shall be solely and completely responsible for conditions of the job -site, including safety of all persons and property during performance of the work, and the Contractor shall fully comply with all State, Federal and other laws, rules, regulations, and orders relating to the safety of the public and workers. The right of the Engineer or the City's Representative to conduct construction review or observation of the Contractor's performance shall not include review or observation of the adequacy of the Contractor's safety measures in, on, or near the construction site." 7 -10.5 "No Parking" Signs. The Contractor shall furnish, install, and maintain in place "NO PARKING -TOW AWAY" signs (even if streets have posted "NO PARKING" signs) which he shall post at least forty -eight hours in advance of the need for enforcement. In addition, it shall be the Contractor's responsibility to notify the City's Police Department, Parking Control Division at (949) 644 -3717, for verification of posting at least forty -eight hours in advance of the need for enforcement. The signs shall (1) be made of white card stock; (2) have minimum dimensions of 12- inches wide and 18- inches high; and (3) be similar in design and color to sign R -38 of the CalTrans Uniform Sign Chart. The Contractor shall print the hours and dates of parking restriction on the "NO PARKING -TOW AWAY" sign in 2 -inch high letters and numbers. A sample of the completed sign shall be reviewed and approved by the Engineer prior to posting. 7 -10.7 Notices to Residents and Businesses. Ten working days prior to starting work, the Contractor shall deliver a construction notice to the adjacent residents, within 500 feet of the project, describing the project and indicating the limits of construction. The City will provide the notice. Forty -eight hours before the start of any construction, the Contractor shall distribute to the adjacent residents a written notice stating when construction operations will start, what disruptions may occur, and approximately when the construction will be complete. An interruption of work at any location in excess of 14 calendar days shall require re- notification. The written notices will be prepared by the Engineer. The Contractor shall insert the applicable dates and times when the notices are distributed. Errors in distribution, false starts, acts of God, strikes or other alterations of the schedule will require Contractor re- notification using an explanatory letter furnished by the Engineer. The Contractor shall distribute a second City provided notice to the affected locations 48 hours prior to the start of the sidewalk reconstruction work. Such notice shall advise 0 0 SP 12 OF 29 the residents and businesses as to when the sidewalk in front of their location will be closed, where they may receive U.S. Mail, and when the regular mail service is expected to resume. 7 -15 CONTRACTOR'S LICENSES. At the time of the award and until completion of work, the Contractor shall possess a General Engineering Contractor "A" License. At the start of work and until completion of work, the Contractor shall possess a valid Business License issued by the City of Newport Beach. 7 -16 CONTRACTOR'S RECORDS /AS BUILT DRAWINGS. A stamped set of approved plans and specifications shall be on the job site at all times. In addition, the Contractor shall maintain "As- Built" drawings of all work as the job progresses. A separate set of drawings shall be maintained for this purpose. These drawings shall be up -to -date and submitted to the Engineer at the time each progress bill is submitted. The Contractor shall maintain books, records, and documents in accord with generally accepted accounting principles and practices. These books, records, and documents shall be retained for at least three years after the date of completion of the project. During this time, the material shall be made available to the Engineer. Suitable facilities are to be provided for access, inspection, and copying of this material. SECTION 9 - -- MEASUREMENT AND PAYMENT 9 -1 MEASUREMENT OF QUANTITIES FOR UNIT PRICE WORK 9 -1.1 General. Add to this Section, "In case of conflicting method of measurement between the City's Standard Specifications and the Caltrans Standard, the City's Standard Specifications shall take precedence." 9 -3 PAYMENT 9 -3.1 General. Revise paragraph two to read: "The unit and lump sum prices bid for each item of work shown on the proposal shall include full compensation for furnishing the labor, materials, tools, and equipment and doing all the work to complete the item of work in place and no other compensation will be allowed thereafter. Payment for incidental items of work not separately listed shall be included in the prices shown for the other related items of work. The following items of work pertain to the bid items included within the Proposal: Item No. 1 Mobilization: Work under this item shall include providing bonds, insurance and financing, scheduling of equipment and materials, preparation of the SWPPP, preparation of the construction schedule, and all other related work as required by the Contract Documents. Item No. 2 Traffic Control: Work under this item shall include the delivery of all required notifications and temporary parking permits, posting of signs, preparation of • • SP 13 OF 29 traffic control plans prepared and signed by a California licensed traffic engineer, the placement, maintenance and removal of signs, cones, barricades, flashing arrow sign, K -rail, temporary striping, flagpersons, and furnishing all labor, tools, equipment and materials necessary to comply with the W.A.T.C.H. and City of Newport Beach Requirements. Item No. 3 Construction Advisory Sign: Work under this item shall include the fabrication, placement, maintenance and removal of one advisory sign placed at approximately 500' outside of the work limits on Balboa Boulevard and on Newport Boulevard. Item No. 4 Surveying Services: Work under this item shall include the cost of construction staking, preliminary grades, final grades, centerline ties, all horizontal alignment, survey monument adjustment, as -built field notes, filing of corner records, reestablishment of property corners disturbed by the work, and other survey items as required to complete the work in place. Item No. 5 Slurry Backfill Existing Storm Drains: Work under this item shall include the cost of all labor and materials to slurry backfill (2 sack mix) of existing storm drain to be abandoned in place and capping the existing end of pipe. Item No. 6 Dewatering: Work under this item shall include the cost of all labor, materials, equipment, applicable permits, and other items of work required for the dewatering of open trenches and /or excavations required for the construction of storm drains whenever ground and /or tidal waters are encountered during the work. Payment shall be made per linear foot of open dewatered trench or excavation. Item No. 7 Install 12 -inch RCP Storm Drain (2000 -D): Work under this item shall include furnishing and installing all pipe material including, but not limited to, potholing of all existing facilities, pavement removal, exposing utilities in advance of pipe excavation operations, trench excavations, shoring, bracing, temporary patching or trench plates with 1' AC cold mix border, installing pipe, installing external joint sealer, placing bedding and crushed miscellaneous base, make connections, compaction, fittings, connecting to existing facilities, removing, abandoning or protecting interfering portions of existing utilities or improvements, temporary and permanent support of utilities, disposing of excess excavated materials and complete all other work complete and in place. Item No. 8 Install 18 -inch RCP Storm Drain (2000 -D): Work under this item shall include furnishing and installing all pipe material including, but not limited to, potholing of all existing facilities, pavement removal, exposing utilities in advance of pipe excavation operations, trench excavations, shoring, bracing, temporary patching or trench plates with 1' AC cold mix border, of installing pipe, installing external joint sealer, placing bedding and crushed miscellaneous base, make connections, compaction, fittings, connecting to existing facilities, removing, abandoning or protecting interfering portions of existing utilities or improvements, temporary and permanent 0 • SP 14 OF 29 support of utilities, disposing of excess excavation materials and all other work complete and in place. Item No. 9 Concrete Collar: Work under this item shall include #4 Rebar, concrete (3250 psi Type V) removals, protection of interfering portion of existing utilities or improvements, temporary and permanent support of existing utilities, disposal of excess excavation materials and all other work necessary to install complete and in place. Item No. 10 RCP Concrete Encasement (6" Minimum Cover): Work under this item shall include 6" concrete encasement over pipe where top of the RCP is less than 18" below finish surface as shown on the Plans. Include removal and disposal of existing interfering improvements, temporary and permanent support of utilities, disposal of excess excavated materials and complete all other work complete and in place. Item No. 11 Construct P.C.C. Junction Structure (City Std. 310 -L): Work under this item shall include, the construction of P.C.C. junction structures per CNB Std -310 -L including but not limited to, pavement removal, exposing utilities in advance of work, excavation, temporary patching or plating, control of ground and surface water, backfill, compaction, disposal of excess excavated materials, installation of base, shaft, grade rings, manhole frames and covers, potholing of all existing utilities, connections to existing facilities, removal, abandonment or protection of interfering portions of existing utilities or improvements, temporary and permanent support of utilities, and all other work necessary to construct the P.C.C. junction structure complete and in place. Item No. 12 Curb Inlet Type OS (City Std. 306 -L): Work under this item shall include the construction of P.C.C. catch basins per CNB Std. 306 -L including, but not limited to, pavement removal, exposing utilities in advance of work, excavation, temporary shoring, bracing, patching or plating, control of ground and surface water, backfill, compaction, disposal of excess excavated materials, installation of base, basin, grade rings, manhole frames and covers, installation of "No Dumping — Drains to Bay /Ocean" decal, potholing of all existing utilities, make connections, removal, abandonment or protection of interfering portions of existing utilities or improvements, temporary and permanent support of utilities, and all other work necessary to construct the P.C.C. catch basins complete and in place. 0 • SP 15 OF 29 Item No. 13 Double Opening Curb Inlet Per Detail "C" (Sheet 16): Work under this item shall include the construction of P.C.C. catch basins per Detail "C" on Sheet 16 of the plans including, but not limited to, pavement removal, exposing utilities in advance of work, excavation, temporary patching or plating, control of ground and surface water, backfill, compaction, disposal of excess excavated materials, installation of base, shaft, rebar, grade rings, manhole frames and covers, installation of "No Dumping — Drains to Bay /Ocean" decal, potholing of all existing utilities, connections to existing facilities, removal, abandonment or protection of interfering portions of existing utilities or improvements, temporary and permanent support of utilities, and all other work necessary to construct the P.C.C. catch basins complete and in place. Item No. 14 Ultra Urban Filter System (Per Basin Inlet Opening): Work under this item shall include the materials and installation of as many Ultra Urban filters as required to completely fit across the inlet opening. All work under this item shall be constructed to the manufacturer's illustration and specifications and shall include all labor, material and equipment to complete the work in place per each basin inlet opening. Item No. 15 Install 2" SCH -40 PVC Sleeve: Work under this item shall include installation of 2" PVC sleeve within the deck of the curb inlet complete and in place. Item No. 16 Install 4" SCH -40 PVC Sleeve: Work under this item shall include installation of 4" PVC sleeve, sand backfill 4" over pipe, and deeplift A.C. patch back over trench left 2" below ARHM overlay per trench resurfacing detail (City Std. 105 -L -B) and all labor and materials necessary to complete the work in place. Item No. 17 Install 10" Round Plastic Irrigation Valve Box: Work under this item shall include installation of a 10" diameter plastic irrigation valve box and all other items as required to complete the work in place. Item No. 18 Install and Connect Copper Water Service Lateral and 1" Water Service Meter (City Std. 502 -L): Work under this item shall include the furnishing and installation of a 1" meter, meter box, 1" copper lateral line, corporation stop and tie in service line to existing steel main. All work shall be done in accordance with City Std. 502 -L and is to include all saw cut, removals, trenching, AC, patch back, thrust blocks, and all other items as required to complete the work in place. Item No. 19 Connect 1" (Hot Tap) Service to Existing 8" Steel Pipe (City Std. 505 -L): Work under this item shall include furnishing and installation of service tap and corporation stop. All work shall be in accordance with City Std. 505 -L and is to include all sawcut, removals, trenching, AC patch back, and all other items as required to complete the work in place. Item No. 20 Construct Variable Height P.C.C. Curb and Gutter (City Std. 182 -L Type A): Work under this item shall include removing and disposing of the existing curb and gutter, subgrade compaction, reconstructing curb openings of existing curb drains, constructing variable height P.C.C. curb and gutter, re- chiseling of curb face for i i SP 16 OF 29 existing underground utilities, restoring all existing improvements damaged by the work, and all other work items as required to complete the work in place. Gutter width shall be 24 inches. Item No. 21 Remove Existing and Construct Variable Height P.C.C. Curb (City Std. 182 -L Type B): Work under this item shall include removing and disposing of the existing curb, subgrade compaction, constructing P.C.C. curb, restoring all existing improvements damaged by the work, and all other work items as required to complete the work in place. Item No. 22 Relocate Existing Street Light and Street Light System (City Std. 201 -L, 204 -L, and 205 -L): Work under this item shall include all labor and material to removing and disposing of existing street light foundation, constructing street light foundation, relocating street light pole, modifying and installing street light conduit, pull box, and conductors (no splicing of wires and conductors between pull boxes will be allowed), and all other items as required to complete the work in place. Item No. 23 Remove Existing and Construct 4 -Inch Thick P.C.C. Sidewalk (City Std.- 180 -L): Work under this item shall include removing and disposing of the existing sidewalk, subgrade compaction, protect existing 16 -inch water main in place, including landscaping within the existing medians, constructing the 4 -inch thick P.C.C. sidewalk, expansion joints, resetting existing sign posts and USPS mail boxes and all utility boxes, and all other work items as required to complete the work in place. Item No. 24 Remove Existing and Construct P.C.C. 2 -foot Gutter (Detail "A ") Type "B" Modified: Work under this item shall include removing existing improvements, construct AC patchback, install rebar dowels, constructing P.C.C. gutter, expansion joints, seal all joints at flowline with cement epoxy and all other work necessary to complete the work in place per detail "A" sheet 2. Item No. 25 Remove Existing Improvements and Construct P.C.C. Curb Access Ramp (Caltrans Std. A88A Case C): Work under this item shall include removing existing improvements and constructing P.C.C. curb access ramp, AC patchback, variable height retaining curb, variable height curb and gutter, resetting existing sign posts, and all other work necessary to remove the existing improvements and construct the access ramps complete and in place. Item No. 26 Remove Existing and Construct P.C.C. Residential Driveway Approach Type II (City Std. 163 -L): Work under this item shall include removing existing improvements, constructing AC patch back, adjustment of existing utilities, constructing P.C.C. driveway approach and all other work necessary to complete the work in place. Item No. 27 Construct Commercial Driveway Approach Type I (City Std. 160 -L): Work under this item shall include the removal and disposal of the existing improvements, subgrade compaction, construct AC patchback, adjustment of existing utilities, construction of PCC driveway approach, place and compact aggregate base, • • SP 17 OF 29 the reconstruction of the depressed gutter adjacent to the driveway, and complete all other work items as required to complete the work in place. Item No. 28 Construct Parkway Culvert Per Detail A -A (Sheet 4): Work under this item shall include sawcut, removal and disposal of existing improvements and recompact existing subgrade, construct parkway culvert complete with reinforcing steel, 3/8" bolt down (2 bolts each side) galvanized steel lid with diamond plating, and complete all other work necessary to construct the parkway gutter complete and in place. Item No. 29 Construct A.C. Patch Back: Work under this item shall include minimum 8" AC patch back next to all curb, gutter, and curb & gutter 2" below finish surface to be constructed or replaced only. Construction of deeplift patch back shall be done with a minimum 2 lifts (maximum 4" each lift) of AC compacted, and all other work as required to complete the work as shown on the plans. Item No. 30 Unclassified Excavation: Work under this item shall include min. 12- inch full- depth sawcuts, removal and disposal of existing A.C. and P.C.C. pavement, drying operations, compaction, tack coat, and all other paving preparatory work as required prior to the placement of AC leveling course. Item No. 31 Roadway Over Excavation and Backfill: Work under this item shall include the 8" thick removal and disposal of existing roadway section below the proposed leveling course and /or base course shown on the plans, drying operations (scarifying 6" min. and recompact 95 %), deeplift conventional A.C. backfill, tack coat, backfill, compaction, and other roadway preparatory work as required prior to the placement of leveling course /base course. Item No. 32 Remove Existing Catch Basin: Work under this item shall include the removal and disposal of existing concrete inlet or catch basin and grate inlets designated for removal, subgrade backfill, AC backfill, compaction, tack coat where required and complete all other necessary work in preparation of constructing the other work shown on the plans. Item No. 33 Remove Existing Roadway Grate Inlet: Work under this item shall include the removal and disposal of existing grate inlets designated for removal, subgrade backfill, AC backfill, compaction, tack coat where required and complete all other necessary work in preparation of constructing the other work shown on the plans. Item No. 34 Cold Mill Existing Asphalt Pavement: Work under this item shall include cold milling and disposal of the asphalt roadway to a depth as shown on the plans and to complete all other work necessary to prepare roadway for the construction of other work shown on the plans. Item No. 35 PCC Cold Planing: Work under this item shall include cold milling the P.C.C. roadway to a depth below existing finished grade as shown on the drawings to 0 • SP 18 OF 29 meet proposed A.C. overlay depth and all other work necessary to cold mill the existing P.C.C. roadway within the project limits complete and in place. Item No. 36 Variable Thickness Leveling Course: Work under this item shall include crack sealing of all cracks that are wider than 1/8" in width, construction of AC Leveling Course, compaction, and all other work as required to complete the work as shown on the Plans. Item No. 37 Install Fabric Glasgrid 8502: Work under this item shall include cleaning, patching and sealing cracks, and the placement of Fabric Glasgrid 8502 over existing PCC pavement and AC leveling course and shall include furnishing all labor, tools, equipment and materials necessary to install Glasgrid 8502 fabric complete and in place. Exact locations for Glasgrid installation shall be determined by the engineer in the field. Item No. 38 Import Fill: Work under this item shall include all imported subgrade and /or aggregate base backfill and compaction required for constructing the widened sidewalks, driveways, new curb and gutter, and roadway over - excavated areas. Payment for the placement of existing material excavated on site shall be paid at the rate of /2 of the unit bid price for this item. Item No. 39 Construct Conventional AC Pavement: Work under this item shall include crack sealing of all cracks that are wider than 1/8" in width, construction of deeplift A.C. section, compaction, and all other work as required to complete the work as shown on the Plans. Item No. 40 Construct 2" Thick ARHM Pavement: Work under this item shall include crack sealing of all cracks that are wider than 1/8" in width, construction of 2" thick ARHM pavement overlay, mechanical and manual compaction, and all other work as required to complete the work as shown on the Plans. Item No. 41 Adjust Manholes to Grade: Work under this item shall include replacement of manhole lids for sewer manholes, adjusting and remodeling all manholes to grade and any equipment and materials necessary to complete the work under this contract. Item No. 42 Replace Valve Covers and Risers and Adjust to Grade (City Std. 511 -L): Work under this item shall include the replacement of all water valve risers and covers, the adjusting and remodeling (if needed) to grade, and the cost of all labor, equipment, and materials necessary to complete the work in place. Item No. 43 Adjust Survey Monuments to Grade (City Std. 116 -L): Work under this item shall include all and any labor, equipment and materials necessary to complete the work under this contract. Item No. 44 Install Traffic Loop (Caltrans Type A or E): Work under this item shall include all labor and material to install and connect into existing termination pull box and i • SP 19 OF 29 all other work as required to complete the work shown on plans and these Specifications. The Contractor shall notify the Engineer of the deactivation of any existing loops one week prior to the start of such work. Item No. 45 Pavement Striping, Markings, and Markers: Work under this item shall include temporary and permanent striping, thermoplastic traffic and parking striping, pavement markers, curb painting (red curb paint shall be TMT Pathway Foundry Red), and all work necessary to install traffic striping complete and in place per the plans. Item No. 46 Reinstall Parking Meter: Work under this item shall include removing and disposing of existing meter foundation, construct meter foundation, relocation of meter, modifying wires and conduit and all other work necessary to complete the work in place. Item No. 47 Remove, Restore, and Replace Existing Irrigation and Landscaping: Work under this item shall include all labor and material to removing and disposing of existing interfering irrigation and landscaping, reconnect and restore irrigations system to working order (as good or better coverage), replacement of any damaged plants (to match the existing landscaping), and all other work necessary to complete the work in place. Item No. 48 As -Built Plans And DBE Certification Form: The "As- Built' corrections and the completed DBE Certification Form shall be submitted to and approved by the Engineer within six (6) weeks of the placement of permanent pavement striping. Item No. 49 Reconstruct Existing Curb Drain: Work under this item shall include all work necessary to replace the existing below -grade curb drains from the back of walk to the new curb face and shall be at least the same size and material as the existing. The cost of making additions /modifications to the existing improvements at the back of walk such as additional piping, plastic drain inlets, and other necessary components to provide positive drainage to the gutter flowline shall be included as a part of the work. Item No. 50 Construct Cross Gutter: Work under this item shall include sawcut, removal, disposal of existing roadway, backfill, base, compaction, and the construction of PCC cross gutter per City STD - 185 -L, and all other work necessary to complete the work in place. 9 -3.2 Partial and Final Payment. Add to this section: "Partial payments for mobilization and traffic control shall be made in accordance with Section 10264 of the California Public Contract Code." 0 PART 2 CONSTRUCTION MATERIALS • SP 20 OF 29 SECTION 201 - -- CONCRETE, MORTAR, AND RELATED MATERIALS 201 -1 PORTLAND CEMENT CONCRETE 201 -1.1.2 Concrete Specified by Class. Add to this section: "Portland Cement Concrete for the work shall be Class 560 -C -3250. No recycled materials shall be allowed." 201 -2 REINFORCEMENT FOR CONCRETE 201 -2.2.1 Reinforcing Steel. Add to this section: "Reinforcing steel shall be Grade 60 billet steel conforming to ASTM A 615. 201 -5 CEMENT MORTAR 201 -5.1 General. Cement mortar shall consist of Portland cement, sand, and water. Cement and sand shall first be combined in the proper proportions, and then thoroughly mixed with the required amount of water. SECTION 207 -- -PIPE 207 -2 REINFORCED CONCRETE PIPE (RCP) 207 -2.1 General. All RCP's to be installed for the work shall be of the "spun" type and shall be so certified. 207 -2.5 Joints. Add to this section: "All storm drain joints shall be sealed with an external joint sealer. The joint sealer shall consist of a reinforced collar composed of rubberized mastic formulated to bond into the pores of the concrete. The joint sealer shall also have embedded steel straps. All joint sealers shall function identically to Mar Mac "Mac Wrap." The Mar Mac Manufacturing Company may be contacted at (800) 845 - 6962." SECTION 214 - -- PAVEMENT MARKERS 214 -4 NONREFLECTIVE PAVEMENT MARKERS Add to this Section: "All new non - reflective pavement markers types A and AY shall be ceramic." 214 -5 REFLECTIVE PAVEMENT MARKERS • • SP 21 OF 29 Add to this Section: "All new reflective pavement markers shall have glass- covered reflective faces or be 3M Series 290 and have thermo plastic paint." SECTION 215 -- -STORM DRAIN FILTERS 215 -1 GENERAL All filters shall be Series C01414 as manufactured by "Asbury Environmental Services" located at 2100 N. Alameda Street, Compton, CA 90222. They can be reached at (310) 974 -4495. SECTION 216 - -- CONSTRUCTION ADVISORY SIGN 216 -1 GENERAL Per detail enclosed within these Special Provisions Exhibit 15 -1. However, the sign supports may be fabricated with lumber. PART 3 CONSTRUCTION METHODS SECTION 300 - -- EARTHWORK 300 -1 CLEARING AND GRUBBING 300 -1.3 Removal and Disposal of Materials 300 -1.3.1 General. Add to this section: `The work shall be done in accordance with Section 300 -1.3.2 of the Standard Specifications except as modified and supplemented herein. Joins to existing pavement lines shall be full depth sawcuts. Final removal between the sawcut lines may be accomplished by the use of jackhammers or sledgehammers. Pavement breakers or stompers will not be permitted on the job. The Engineer must approve final removal accomplished by other means. The Contractor shall maintain the job site in a clean and safe condition. The Contractor will remove any broken concrete, debris or other deleterious material from the job site at the end of each workday. All areas of roadway removal and replacement shall have a minimum trench width of 3 -feet to facilitate maximum compaction. Contractor shall meet with the Engineer to mark out the areas of roadway removal and replacement. 300 -1.3.2 Requirements (c) Concrete Curb, Walk, Gutters, Cross Gutters, Driveways, and Alley Intersections. Replace the first sentence of this Section with: "Saw cuts shall be neatly made to a minimum of two (2) inches." And replace the words "1 1/2 inch" of the last sentence with the words "two (2) inches ". • • SP 22 OF 29 300 -1.5 Solid Waste Diversion. Non - reinforced concrete and asphalt wastes generated from the job site shall be disposed of at a facility that crushes such materials for reuse. Excess soil and other recyclable solid wastes shall not be disposed of at a sanitary landfill. The Contractor shall maintain monthly tonnage records of total solid wastes generated and solid wastes disposed of at a sanitary landfill. The Contractor shall report said tonnage monthly to the Engineer on a form provided by the Engineer and provide appropriate confirmation documentation from the recycling facility. SECTION 302 - -- ROADWAY SURFACING 302 -5 ASPHALT CONCRETE PAVEMENT 302 -5.1 General. Add to this section: `The asphalt concrete (A.C.) used shall be III -C3 -AR -4000. No recycled materials will be allowed for this project. All cracks 1/8 -inch or greater in width shall be cleaned and sealed with a hot - applied crack sealant approved by the Engineer. Holes, spalls, and cracks greater than 1 -inch in width shall be filled and compacted with an F -AR 4000 asphalt concrete mix. The pavement shall then be cleaned with a power broom." 302 -5.4 Tack Coat. Add to this section: `Prior to placing the asphalt concrete patches, a tack coat of Type SS -1 h asphaltic emulsion at a rate not to exceed one — tenth (1/10) of a gallon per square yard shall be uniformly applied to existing A.C. and P.C.C. surfaces and edges against which asphalt concrete is to be placed." SECTION 303 - -- CONCRETE AND MASONRY CONSTRUCTION 303 -5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 303 -5.1 Requirements 303 -5.1.1 General. Add to this section: "Sidewalk and curb access ramps shall be opened to pedestrian access on the 3rd day following concrete placement. In addition, all forms shall be removed, irrigation systems shall be repaired, and backfill or patchback shall be placed within 48 hours following concrete placement. Newly poured P.C.C. improvements subject to vehicle loads shall not be opened to vehicle traffic until the concrete has cured to a minimum strength of 2,000 psi." 303 -5.5.2 Curb. Add to this section: "The Contractor shall install or replace curb markings that indicate sewer lateral or water valve location on the face of the curb. The Contractor shall mark the curb with a chiseled "S" for sewer lateral and a chiseled "V -X" for water valve locations. "X" shall indicate the number of feet from the curb face to the • • SP 23 OF 29 valve. To determine the location of sewer laterals and water services, the Contractor must call the City's Utilities Superintendent, Mr. Ed Burt, at (949) 718 - 3402." SECTION 307 - -- STREET LIGHTING AND TRAFFIC SIGNALS 307 -4 TRAFFIC SIGNAL CONSTRUCTION 307 -4.9.3 Inductive Loops. Amend this Section to include: "Traffic signal loop detectors shall be replaced per Caltrans Standard Plans ES -5A and ES -5B and shall be Type A or Type E. The new loop detectors shall be installed within the pavement final course. All installed loop detectors shall be completely functional to the satisfaction of the Engineer within five consecutive working days of pavement final course placement. SECTION 310 - -- PAINTING 310 -5 PAINTING VARIOUS SURFACES 310 -5.6 Painting Traffic Striping, Pavement Markings, and Curb Markings 310 -5.6.7 Layout, Alignment, and Spotting. Modify and amend this section to read: "The Contractor shall perform all layout, alignment, and spotting. The Contractor shall be responsible for the completeness and accuracy of all layout alignment and spotting. Traffic striping shall not vary more than 1/2 inch in 40 feet from the alignment shown on the plans. The Contractor shall mark or otherwise delineate the new traffic lanes and pavement markings within 24 hours after the removal or covering of existing striping or markings. No street shall be without the proper striping over a weekend or holiday. Stop bars shall not remain unpainted overnight." 310 -5.6.8 Application of Paint. Add to this section: "Temporary painted traffic striping and markings shall be applied in one coat, as soon as possible and within 24 hours after the finish course has been applied. Paint for temporary traffic striping and pavement markings shall be white Formula No. 2600A9 Duraline 2000 and yellow Formula No. 2601A9 Duraline 2000 as manufactured by Morton. These temporary paints shall be applied at 15 mils wet. The final striping for all painted areas shall be sprayable reflectorized thermoplastic. The sprayable reflectorized thermoplastic pavement striping shall not be applied until the paving has been in place for at least 15 days. The thermoplastic shall be applied at 0.45 mm minimum thickness for all striping except crosswalks and limit lines — which shall be 0.90 mm minimum thickness. • • SP 24 OF 29 If the Contractor fails to perform striping as specified herein, the Contractor shall cease all contract work until the striping has been properly performed. Such termination of work shall require the Contractor to re- install "NO PARKING, TOW- AWAY" signs and re- notify the affected residents, at the Contractor's sole expense. In addition, if the Contractor removes /covers /damages existing striping and /or raised pavement markers outside of the work area, he shall re- stripe /replace such work items at no cost to the City. The Contractor shall paint or otherwise delineate, to the satisfaction of the Engineer, temporary traffic lanes when (1) two opposing traffic lanes are adjacent or (2) there is more than one lane in any one direction, for more than three consecutive calendar days. Dependent upon construction phasing, the Engineer may require the Contractor to apply two applications of paint to maintain adequate delineation on base pavement surfaces, at no additional cost to the City." SECTION 312 - -- PAVEMENT MARKER PLACEMENT AND REMOVAL 312 -1 PLACEMENT. Amend this section with: 1. The location of raised pavement fire hydrant marker shall conform to the City of Newport Beach Standard Plan No. STD - 902 -L. 2. The Contractor shall install raised pavement markers until after the pavement finish course has been placed for at least 15 days." PART 4 SECTION 400 - -- ALTERNATE ROCK PRODUCTS, ASPHALT CONCRETE, PORTLAND CEMENT CONCRETE AND UNTREATED BASE MATERIAL 400 -2 UNTREATED BASE MATERIALS 400 -2.1 General 400 -2.1.1 Requirements. Add to this section: "The Contractor shall use crushed aggregate base as the base material." • • SP 25 OF 29 PART 6 SECTION 600 -- MODIFIED ASPHALTS, PAVEMENTS AND PROCESSES 600 -2 CRUMB RUBBER MODIFIED (CRM) BINDERS AND PAVEMENTS -WET PROCESS 600 -2.1 Asphalt- Rubber 600 -2.1.1 General. Add to this section: "Asphalt- rubber shall be type B." 600 -2.6 Asphalt- Rubber Hot Mix Gap- Graded 600 -2.6.3 Rolling. Add to this section: "Asphalt- Rubber Hot Mix Gap Graded material shall be compacted at or above 290 degrees Fahrenheit. Due to this requirement, the Contractor shall maintain three large self - propelled, vibrating steel wheel rollers, in working condition, on site to facilitate the initial breakdown rolling and intermediate rolling. The third roller will act as a stand -by in case of breakdown by one of the other rollers. Rubber tire rollers are not permitted. A minimum relative compaction of 95 percent is required. For each percentile less than the required 95 percent compaction the unit price for Item No. 40, Construct 2 -Inch Thick Asphalt Rubber Pavement, payment will be reduced by 10 percent. Any areas of roadway that does not have 90 percent relative compaction shall be removed, reinstalled and properly compacted at the Contractor's sole expense." C pi pl J Q • 0 s` 0 o 5% �a —rn— —ro - T� V/ r 3 Exhibit 15.1 m Ri N y o0 a m aaaiiiQ � C �F J Q s` 0 o 5% �a —rn— —ro - T� V/ r O� .09 A SP 26 OF 29 X T a) owo 0 U U �O L. LL m x a b 2 h co L. 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TYPICAL LAYOUTS FOR HI -VIS X -WALK NOT TO SCALE �] CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT C31' ) Agenda Item No. 8 December 17. 2002 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUN IL SYTHECITYCOUNCI CITY OF NEWPORT BEAD FROM: Public Works Department t _ Fong Tse 949 -644 -3340 ' ftse@city.newport-beach.ca.us SUBJECT: NEWPORT BOULEVARD /BALBOA BOULEVARD ROADWAY AND STORM DRAIN REHABILITATION - AWARD OF CONTRACT NO. 3373 RECOMMENDATIONS: 1. Approve the plans and specifications. 2. Award Contract No. 3373 to Sully Miller Contracting Company for the Total Bid Price of $1,767,365, and authorize the Mayor and the City Clerk to execute the contract. 3. Establish an amount of $176,735 to cover the cost of unforeseen work and materials testing. DISCUSSION: At 11:00 AM on November 27, 2002, the City Clerk opened and read the following bids for this project: BIDDER TOTAL BID AMOUNT Low Sully Miller Contracting Company of Anaheim $1,767,365.00 2 All American Asphalt of Corona $1,881,532.00 3 Sequel Contractors, Inc. of Santa Fe Springs $1,882,200.00 4 Hillcrest Contracting, Inc. of Corona $1,890,404.00 5 GCI Construction, Inc. of Costa Mesa $1,993,750.00 6 Excel Paving Company of Long Beach $2,152,992.00 Upon a review of the bids, staff discovered that three (3) of the submitted bids contained clerical errors in their computations. The corrected actual bid amount (as denoted by "t ") and the bid standing are revised as shown below. Subject: NEWPORT BOULEVA ALBOA BOULEVARD ROADWAY AND STOODRAIN REHABILITATION — Award of Contract No. 3373 Date: December 17, 2002 Page: 2 BIDDER Low Sully Miller Contracting Company 2 Sequel Contractors, Inc. 3 Hillcrest Contracting, Inc. 4 All American Asphalt 5 GCI Construction, Inc. 6 Excel Paving Company ACTUAL BID AMOUNT $1,767,365 $1,882,200 $1,890,404 $1,891,532* $1,994,950* $2,376,488* The low total bid amount is twenty -two percent below the Engineer's Estimate of $2,280,000. The disparity between the Engineer's estimate and the low total bid amount is mainly due to the lower Mobilization, Excavation, Glass Grid, and concrete prices bid. The low bidder, Sully Miller Contracting, possesses a General Engineering Classification "A" contractor's license as required by the project specifications. Sully Miller recently satisfactorily completed the City's similar Balboa Boulevard roadway and storm drain rehabilitation project from Medina Way to 12th Street. The work, which includes both Newport Boulevard and Balboa Boulevard from 16th Street to 26th Street, provides for the construction /installation of the following: • 242,000 square feet of roadway • 100,000 square feet of Glasgrid pavement reinforcing fabric • 23,500 square feet of sidewalk • 3,000 square feet of driveway approaches • 3,000 linear feet of 2 -foot wide median gutter • 5,000 linear feet of curb and curb and gutter • 15 curb access ramps • 2,000 linear feet of storm drains • 13 curb inlets 9 junction structures • 1,000 linear feet of PVC irrigation piping stubs among other work items The storm drain improvements will replace an existing deteriorated 12 -inch diameter corrugated metal pipe below the existing medians; improve the drainage on Balboa Boulevard through the installation of new catch basins and reinforced concrete storm drain pipes; and eliminate the numerous ponding areas that result from storm and nuisance water. The roadway reconstruction will facilitate drainage by improving and correcting the cross slope of the roadway, eliminating problems associated with numerous trench and pavement settlements, pavement cracking, and uplifted concrete roadway slabs, and providing a smoother and quieter ride surface for the motorists. The existing sidewalks from 16 Street to 21St Street will be widened along with the construction new concrete curbs and gutters. In addition, the existing Newport Boulevard eastbound curb and sidewalk between 23rd Street and 26th Street along the City's "26th Street Parking Lot" will be realigned to provide the necessary space needed to accommodate a new 2 -way turn-left pocket to improve traffic circulation and turning movements in the area. 21 Subject: NEWPORT BOULEVAOALBOA BOULEVARD ROADWAY AND STORDRAIN REHABILITATION — Award of Contract No. 3373 Date: December 17, 2002 Page: 3 In order to minimize inconvenience to the community, Sully Miller is required to complete all construction work and install temporary pavement striping within 100 workdays. After a 15 -day waiting period for the moisture of the new asphalt pavement to reach the desired level, Sully Miller will return to the site for approximately one week to install the permanent pavement striping and markings. Traffic control requirements stipulate the following: • At least one lane in each travel direction shall be maintained between 9 a.m. and 3 p.m. on workdays • At least fifty- percent of the existing parking spaces and two lanes in each travel direction shall be maintained during non -work hours • The traffic lanes and on- street parking spaces in the vicinity of the Mixmaster /McFadden Square shall remain open between 11 a.m. and 1 p.m. on work days so as to minimize inconvenience for patrons visiting the area restaurants This project was approved by the Orange County Transportation Authority for competitive Federal Arterial Highway Rehabilitation Program (AHRP) funds. The funding obligation and reimbursement from the Federal Highway Administration are processed through Caltrans. Environmental Review: Per Federal funding requirements, a negative archaeological and historic /cultural study and report was completed for this project. A categorical exemption was issued for the work. No other environmental reviews were required. Funding Availability: There are sufficient funds available in the following accounts for the work: Account Description Gas Tax Measure -M Turnback AHRP AB2928 Storm Drain Improvements Sidewalk and Curb and Gutter Pre par b i Fo Tse Associate Civil Engineer Attachments: Project Location Map Bid Summary Account Number Bid Amount Contingency 7181- C5100593 -0- $125,303 7281- C5100593 $413,022 -0- 7285-05100593 $514,321 $51,432 7191- C5100593 $363,000 -0- 7012-05100008 $400,000 -0- 7013- C5100020 $77,022 -0- Total: $1,767,365 $176,735 Submitted Badum s Director z O F- Q U O Z J � O H = J_ p U J W m CD Q w orf 2 0 ra U C Q J CD m cy") C0 a f7 00 z 1S Z U 1S Q �0Z F— Q Z r O yo�v 0 U V, 6jo Q s�z N m NEWPORT �s Q J oP rs Q 0P�0 O r oar OF,PG�' I- s O.s �s2 o w O �s �y2 / p Z Z �2 W W J n 1 PROFESSIONAL SERVICES AGREEMENT FOR NEWPORT BOULEVARD FROM 26T11 STREET TO 16TH STREET AND BALBOA BOULEVARD FROM 12TH STREET TO MEDINA WAY THIS AGREEMENT, entered into this - day of _, c 2000, by and between CITY OF NEWPORT BEACH , a Municipal Corporation (hereinafter referred to as "City "), and KFM Engineering, Inc., whose address is 26632 Towne Centre Drive, Suite 240, Foothill Ranch, California, 92610, (hereinafter referred to as "Consultant'), is made with reference to the following: RECITALS A. City is a Municipal Corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City is planning to implement improvements to Newport Boulevard and Balboa Boulevard hereinafter referred to PROJECT. C. City desires to engage Consultant to provide professional engineering services for roadway rehabilitation and drainage system improvements on two Arterial Highway Rehabilitation Projects (AHRP): (1) Newport and Balboa Boulevards from 26`h Street to 161' Street and (2) Balboa Boulevard from 12'" Street to Medina Way upon the terms and conditions contained in -1- • s this Agreement. D. The principal member for the Consultant for the purpose of this Project is Rick Kreuzer, P.E., President. E. City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant and desires to contract with Consultant under the terms of conditions provided in this Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM The term of this Agreement shall commence on the 26th day of September 2000, and shall terminate on the 30th day of September 2003, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Consultant shall diligently perform all the duties set forth in the scope of services, attached hereto as two Exhibit "A's" and incorporated herein by reference. 3. COMPENSATION TO CONSULTANT City shall pay Consultant for the services in accordance with the provisions of this Section and the scheduled billing rates set forth in Exhibit "B" attached hereto and incorporated herein by reference. No rate changes shall be made during the term of this Agreement without prior written approval of City. Consultant's compensation for all work performed in accordance with this Agreement shall not exceed the total contract price of two hundred thirty one thousand five hundred eighty dollars ($231,580). The segment on -2- 0 0 Balboa Boulevard from 12th Street to Medina Way is $115,520 and the segment on Newport Boulevard from 26th Street to 16th Street is $116,060. 3.1 Consultant shall maintain accounting records of its billings which includes the name of the employee, type of work performed, times and dates of all work which is billed on an hourly basis and all approved incidental expenses including reproductions, computer printing, postage and mileage. 3.2 Consultant shall submit monthly invoices to City payable by City within thirty (30) days of receipt of invoice subject to the approval of City. 3.3 Consultant shall not receive any compensation for extra work without prior written authorization of City. Any authorized compensation shall be paid in accordance with the schedule of the billing rates as set forth in Exhibit "B ". 3.4 City shall reimburse Consultant only for those costs or expenses which have been specifically approved in this Agreement, or specifically approved in advance by City. Such cost shall be limited and shall include nothing more than the following costs incurred by Consultant: A. The actual costs of subconsultants for performance of any of the services which Consultant agrees to render pursuant to this Agreement which have been approved in advance by City and awarded in accordance with the terms and conditions of this Agreement. B. Approved computer data processing and reproduction charges. C. Actual costs and /or other costs and /or payments specifically authorized in advance in writing and incurred by Consultant in the performance of this Agreement. 1911 • • 4. STANDARD OF CARE 4.1 All of the services shall be performed by Consultant or under Consultant's supervision. Consultant represents that it possesses the professional and technical personnel required to perform the services required by this Agreement and that it will perform all services in a manner commensurate with the community professional standards. All services shall be performed by qualified and experienced personnel who are not employed by City nor have any contractual relationship with City. Consultant represents and warrants to City that it has or shall obtain all licenses, permits, qualifications and approvals required of its profession. Consultant further represents and warrants that it shall keep in effect all such licenses, permits and other approvals during the term of this Agreement. 4.2 Consultant shall not be responsible for delay, nor shall Consultant be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, or acts of God, or the failure of City to furnish timely information or to approve or disapprove Consultant's work promptly, or delay or faulty performance by City, contractors, or governmental agencies, or any other delays beyond Consultant's control or without Consultant's fault. 5. INDEPENDENT PARTIES City retains Consultant on an independent contractor basis and Consultant is not an employee of City. The manner and means of conducting the work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. Nothing in this Agreement shall be deemed to constitute Consultant or any of Consultant's employees or agents to be the agents or me employees of City. Consultant shall have the responsibility for and control over the details in means of performing the work provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement which may appear to give City the right to direct Consultant as to the details of the performance of the services or to exercise a measure of control over Consultant shall mean that Consultant shall follow the desires of City only in the results of the services. 6. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated Project Administrator, and any other agencies which may have jurisdiction or interest in the work to be performed. City agrees to cooperate with Consultant on Project. 7. PROJECT MANAGER Consultant shall assign Project to a Project Manager, who shall coordinate all phases of Project. This Project Manager shall be available to City at all reasonable times during term of Project. Consultant has designated Rick Kreuzer, P.E. to be its Project Manager. Consultant shall not bill any personnel to Project other than those personnel identified in Exhibit "B ", whether or not considered to be key personnel, without City's prior written approval by name and specific hourly billing rate. Consultant shall not remove or reassign any personnel designated in this Section or assign any new or replacement person to Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to removal or assignment of non -key personnel. Consultant, at the sole discretion of City, shall remove from Project any of its personnel assigned to the performance of services upon written request of City. Consultant warrants it will continuously furnish the necessary personnel to complete -5- Project on a timely basis as contemplated by this Agreement. 8. TIME OF PERFORMANCE Time is of the essence in the performance of the services under this Agreement and the services shall be performed by Consultant in accordance with the schedule specified below. The failure by Consultant to strictly adhere to the schedule may result in termination of this Agreement by City, and the assessment of damages against Consultant for delay. Notwithstanding the foregoing, Consultant shall not be responsible for delays which are due to causes beyond Consultant's reasonable control. However, in the case of any such delay in the services to be provided for Project, each party hereby agrees to provide notice to the other party so that all delays can be addressed. 8.1 Consultant shall submit all requests for extensions of time for performance in writing to the Project Administrator not later than ten (10) calendar days after the start of the condition, which purportedly causes a delay, and not later than the date upon which performance is due. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays, which are beyond Consultant's control. 8.2 For all time periods not specifically set forth herein, Consultant shall respond in the most expedient and appropriate manner under the circumstances, by either telephone, fax, hand delivery or mail. 9. CITY POLICY Consultant will discuss and review all matters relating to policy and project direction with the Project Administrator in advance of all critical decision points in order to ensure that the Project proceeds in a manner consistent with City goals and policies. in 10. CONFORMANCE TO APPLICABLE REQUIREMENT All work prepared by Consultant shall conform to applicable city, county, state and federal law, regulations and permit requirements and be subject to approval of the Project Administrator and City Council. 11. PROGRESS Consultant is responsible to keep the Project Administrator and /or his /her duly authorized designee informed on a regular basis regarding the status and progress of the work, activities performed and planned, and any meetings that have been scheduled or are desired. 12. HOLD HARMLESS Consultant shall indemnify, defend, save and hold harmless City, its City Council, boards and commissions, officers and employees from and against 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 negligent acts or omissions of Consultant, its employees, agents or subcontractors in the performance of services or work conducted or performed pursuant to this Agreement, excepting only the active negligence or willful misconduct of City, its officers or employees, and shall include attorneys' fees and all other costs incurred in defending any such claim. Nothing in this indemnity shall be construed as authorizing, any award of attorneys' fees in any action on or to enforce the terms of this Agreement. 13. INSURANCE Without limiting consultant's indemnification of City, and prior to commencement of -7- work, Consultant shall obtain and provide and maintain at its own expense during the term of this Agreement policy or policies of liability insurance of the type and amounts described below and satisfactory to City. Certification of all required policies shall be signed by a person authorized by that insurer to bind coverage on its behalf and must be filed with City prior to exercising any right or performing any work pursuant to this Agreement. Except workers compensation and errors and omissions, all insurance policies shall add City, its elected officials, officers, agents, representatives and employees as additional insured for all liability arising from Consultant's services as described herein. All insurance policies shall be issued by an insurance company certified to do business in the State of California, with original endorsements, with Best's A- VII or better carriers, unless otherwise approved by City Risk Manager. A. Worker's compensation insurance covering all employees and principals of Consultant, per the laws of the State of California. B. Commercial general liability insurance covering third party liability risks, including without limitation, contractual liability, in a minimum amount of $1 million combined single limit per occurrence for bodily injury, personal injury and property damage. If commercial general liability insurance or other form with a general aggregate is used, either the general aggregate shall apply separately to this Project, or the general aggregate limit shall be twice the occurrence limit. C. Commercial auto liability and property insurance covering any owned and rented vehicles of Consultant in a minimum amount of $1 million combined F-3 single limit per accident for bodily injury and property damage. D. Professional errors and omissions insurance which covers the services to be performed in connection with this Agreement in the minimum amount of one million Dollars ($1,000,000). Said policy or policies shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days' prior notice has been given in writing to City. Consultant shall give City prompt and timely notice of claim made or suit instituted arising out of Consultant's operation hereunder. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. Consultant agrees that in the event of loss due to any of the perils for which it has agreed to provide comprehensive general and automotive liability insurance, that Consultant shall look solely to its insurance for recovery. Consultant hereby grants to City, on behalf of any insurer providing comprehensive general and automotive liability insurance to either Consultant or City with respect to the services of Consultant herein, a waiver of any right of subrogation which any such insurer of said Consultant may acquire against City by virtue of the payment of any loss under such insurance. 14. PROHIBITION AGAINST TRANSFERS Consultant shall not assign, sublease, hypothecate or transfer this Agreement or any of the services to be performed under this Agreement, directly or indirectly, by operation of law or otherwise without prior written consent of City. Any attempt to do so without consent of City shall be null and void. The sale, assignment, transfer or other disposition of any of the issued and 0 outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or co- tenant if Consultant is a partnership or joint- venture or syndicate or co- tenancy, which shall result in changing the control of Consultant, shall be construed as an assignment of this Agreement. Control means fifty percent (50 %) or more of the voting power, or twenty -five percent (25 %) or more of the assets of the corporation, partnership orjoint- venture. 15. OWNERSHIP OF DOCUMENTS Each and every report, draft, work product, map, record and other document reproduced, prepared or caused to be prepared by Consultant pursuant to or in connection with this Agreement shall be the exclusive property of City. Documents, including drawings and specifications, prepared by Consultant pursuant to this Agreement are not intended or represented to be suitable for reuse by City or others on any other project. Any use of completed documents for other projects and any use of incomplete documents without specific written authorization from Consultant will be at City's sole risk and without liability to Consultant. Further, any and all liability arising out of changes made to Consultant's deliverables under this Agreement by City or persons other than Consultant is waived as against Consultant and City assumes full responsibility for such changes unless City has given Consultant prior notice and has received from Consultant written consent for such changes. Consultant shall, at such time and in such forms as City may require, furnish reports concerning the status of services required under this Agreement. 16. CONFIDENTIALITY The information, which results from the services in this Agreement, is to be kept -10- confidential unless the release of information is authorized by City. 17. CITY'S RESPONSIBILITIES In order to assist Consultant in the execution of his responsibilities under this Agreement, City agrees to provide the following: A. City will provide access to and upon request of Consultant, provide one copy of all existing record information on file at City and will provide all such materials in a timely manner so as not to cause delays in Consultant's work schedule. B. Provide blueprinting, copying and other services through City's reproduction company for each of the required submittals. Consultant will be required to coordinate the required submittals with City's reproduction company. All other reproduction will be the responsibility of Consultant and as defined above. 18. ADMINISTRATION This Agreement will be administered by the Public Works Department. Bill Patapoff, City Engineer shall be considered the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator or his /her authorized representative shall represent City in all matters pertaining to the services to be rendered pursuant to this Agreement. 19. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement. All such records shall be -11- clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit and make transcripts or copies of such records. Consultant shall allow inspection of all work, data, documents, proceedings and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 20. WITHHOLDINGS City may withhold payment of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Consultant shall not discontinue work for a period of thirty (30) days from the date of withholding as a result of such withholding. Consultant shall have an immediate right to appeal to the City Manager or his designee with respect to such disputed sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of seven percent (7 %) per annum from the date of withholding of any amounts found to have been improperly withheld. 21. ERRORS AND OMISSIONS In the event of errors or omissions that are due to the negligence or professional inexperience of Consultant which result in expense to City greater than would have resulted if there were not errors or omissions in the work accomplished by Consultant, the additional design, construction and /or a restoration expense shall be borne by Consultant. Nothing in this paragraph is intended to limit City's rights under any other sections of this Agreement. 22. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other consultants in connection with Project. -12- 0 0 23. CONFLICTS OF INTEREST A. Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act "), which (1) requires such persons to disclose financial interest that may foreseeably be materially affected by the work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. B. If subject to the Act, Consultant shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for termination of this Agreement by City. Consultant shall indemnify and hold harmless City for any and all claims for damages resulting from Consultant's violation of this Section. 24. SUBCONSULTANT AND ASSIGNMENT Except as specifically authorized under this Agreement, the services included in this Agreement shall not be assigned, transferred, contracted or subcontracted without prior written approval of City. 25. NOTICES All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered personally or on the third business day after the deposit thereof in the United States mail, postage prepaid, first class mail, addressed as hereinafter provided. -13- 0 0 All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: Bill Patapoff, City Engineer City of Newport Beach 3300 Newport Boulevard P. O. Box 1768 Newport Beach, CA, 92658 -8915 (949) 644 -3311 Fax (949) 644 -3318 All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: Attention: Rick Kreuzer, P.E. President KFM Engineereing, Inc. 26632 Towne Centre Drive, Suite 240 Foothill Ranch, CA 92610 (949) 580 -3838 Fax(949)580 -3837 26. TERMINATION In the event either part hereto fails or refuses to perform any of the provisions hereof at the time and in the manner required hereunder, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) days, or if more than two (2) days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) days after receipt by defaulting party from the other party of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the nondefaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. SCE 0 26.1 City shall have the option, at its sole discretion and without cause, of terminating this Agreement by giving seven (7) days' prior written notice to Consultant as provided herein. Upon termination of this Agreement, City shall pay to Consultant that portion of compensation specified in this Agreement that is earned and unpaid prior to the effective date of termination. 27. COMPLIANCES Consultant shall comply with all laws, state or federal and all ordinances, rules and regulations enacted or issued by City. 28. WAIVER A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein whether of the same or a different character. 29. INTEGRATED CONTRACT This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions hereon. Any modification of this Agreement will be effective only by written execution signed by both City and Consultant. 30. OPINION OF COST Any opinion of the construction cost prepared by Consultant represents his /her judgment as a design professional and is supplied for the general guidance of City. Since Consultant has no control over the cost of labor and material, or over competitive bidding -15- 0 0 or market conditions, Consultant does not guarantee the accuracy of such opinions as compared to contractor bids or actual cost to City. 31. COMPUTER DELIVERABLES CADD data delivered to City shall include the professional stamp of the engineer in responsible charge of the work. City agrees that Consultant shall not be liable for claims, liabilities or losses arising out of, or connected with (a) the modification or misuse by City, or anyone authorized by City, of CADD data; (b) the decline of accuracy or readability of CADD data due to inappropriate storage conditions or duration; or (c) any use by City, or anyone authorized by City, of CADD data for additions to this Project, for the completion of this Project by others, or for any other project, excepting only such use as is authorized, in writing, by Consultant. By acceptance of CADD data, City agrees to indemnify Consultant for damages and liability resulting from the modification or misuse of such CADD data. All drawings shall be transmitted to the City in Auto Cad version 14 in ".dwg" file format. All written documents shall be transmitted to the City in Microsoft Word 97 and Microsoft Excel 97 and be consistent with Microsoft Office 97. 32. PATENT INDEMNITY Consultant shall indemnify City, its agents, officers, representatives and employees against liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in Consultant's drawings and specifications provided under this Agreement. -16- 0 9 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. APPROVED AS TO FORM: -.• City Clerk CITY OF NEWPORT BEACH A Municipal Corporation an City of Newport CONSULTANT By: Rick Kreuzer, P.E. President f : \usem\pbw\shared\agreemenfs \fy 00- 01 \kfm- balboa & medina way ahrp.doc -17- August 28, 2000 Mr. Bill Patapoff, P.E. City of Newport Beach Public Works Department 3300 Newport Boulevard Newport Beach, CA 92658 RE: Revised Proposal for Professional Engineering Services for Newport/ Balboa Boulevard from 26"' Street to 16`" Street. Dear Mr. Patapoff: KFM appreciates the opportunity to submit this proposal. We believe we are very well qualified for the subject project, having completed numerous roadway rehabilitation projects under the AHRP program over the last three years. Our proposal is formatted as follows: Section 1.0 Project Overview Section 2.0 Scope of Work Section 3.0 Manhour Allocation Section 4.0 Schedule Section 5.0 Qualifications Per the request of the RFP, we have enclosed our proposed fee in a separate sealed envelope. Once again we appreciate the opportunity to be of further service to the City of Newport Beach. If you have any questions regarding this proposal, please do not hesitate to give me a call. ResReet9dily submitted: Rick Kreuzer, P.E. President Ph: 949.580.3838 Ll 1.0 PROJECT OVERVIEW 0 The City of Newport Beach has solicited proposals for the design of improvements to Newport Boulevard from 26th to 21st Street and to Balboa Boulevard from 21st to 16th Street. The improvements will include the rehabilitation / reconstruction of the roadway and the construction of drainage systems. Parkway improvements in the form of new curb and gutter, sidewalk, and access ramps will be implemented, as warranted. In preparation of this proposal, KFM has: • Collected all as -built drawings for the project. • Conducted a thorough field review of the project and developed a comprehensive photo log to document existing site conditions. • Collected and reviewed City drainage atlas sheets for the project area. • Obtained and reviewed the Pavement Report for Newport Boulevard from 19th Street to 26th Street, prepared by OCPFRD. • Discussed the project with City staff. • Discussed the project with Steve Marvin of Labelle Marvin. We believe these research efforts have given us a good understanding of the project requirements and the key issues, as summarized below, which we believe will need to be addressed for successful completion of the project. KEYISSUES INNOVATIVE REHABILITATION STRATEGIES Innovative, cost effective solutions to improve the condition of the Newport and Balboa Boulevard roadway sections will be our primary focus. As stated, the County of Orange has completed a Pavement Report for the section of the project between 19th and 26th street. This report calls for a combination of removals and grinding followed by A.C. deeplift sections (for those areas removed) and a final 0.15 Asphalt Rubber Hot Mix (ARHM) cap. A 0.15' Tire Modified Asphalt Concrete (TMAC) is also proposed as an alternative to the 0.15' ARHM cap. KFM will be utilizing the services of Labelle Marvin (LM) for the preparation of a Pavement Report for the remaining section of the project along Balboa Boulevard from 19th to 16th Street. Additionally, LM will be reviewing the County data and recommendations for the 26th to 19th segment and proposing additional strategies for consideration. 0 In order to arrive at a preferred rehabilitation strategy, two primary design elements need to be considered. These elements are discussed on the following page. Vertical Considerations — Many times the rehabilitation strategy which appears to be the most cost effective solution at the onset does not result in the best long term solution. As an example, a roadway which is in fair to poor condition may require a thicker overlay on the order of 3 to 4 inches. While this approach may result in the best unit price rehabilitation strategy, it may also result in much steeper roadway crossfalls and /or an irregular roadway cross slope condition, neither of which results in a road with good rideability. This is particularly important when you have a project which, like the project at hand, consists of fairly irregular cross fall conditions and defined edge conditions (curb and gutter both sides). This example serves to point out the critical interrelationship between pavement improvement strategies and the vertical design component of a project. In other words, a perfectly applicable solution, from a pavement improvement perspective, may not be feasible if the vertical design criteria for the project cannot be satisfied. KFM and Labelle Marvin understand this critical interrelationship, having completed an excess of 20 roadway rehabilitation projects together over the last 5 years. We will work very closely on this project to develop the very best strategy for improvement of Newport / Balboa Boulevard. A specific concern with respect to the vertical design of the roadway will be the drainage conditions at the east end of the project between 18th and 16th Street. As evidenced in the photograph below, there are four inlets which are in the center of the eastbound travelway. During the design process, it will be imperative to reconstruct the crossfall of the roadway in these areas to get the runoff to flow to the sides of the street and keep the travelway as dry as possible. Once again, KFM will work closely with Labelle Marvin to "marry" this vertical design issue to the proposed pavement improvement strategies. Budget — Another important tool to obtaining the best improvement strategies for a project is knowing the construction budget for a project. This "sets the bar' for us and gives us a target number to improve upon. • • In summary, we cannot emphasize enough that the development of innovative and cost effective improvement strategies are very much a collaborative effort between the engineer and pavement specialists. KFM and Labelle Marvin bring this close working relationship as well as a wealth of roadway rehabilitation design experience to the subject project. DRAINAGE Currently, the project area is drained by a network of inlets and pipes which outfall to the Bay at five locations, summarized as follows: • 30 inch CMP in 26th Street • 15 inch RCP in 21St Street • 24 inch PVC in 19th Street • 12 inch ACP in 18th Street • 18 inch CAP in 15th Street. Although outside the project limits, this outfall pipe drains the project via a 12 inch CMP in Balboa Boulevard from 19th Street to the east. Improvement to the drainage system will be a critical component of the project. Improper roadway drainage is one of the leading contributors to the degradation of a roadway surface. It will be KFM's charge to improve the drainage situation in the project area. This will be accomplished by upgrading existing underground and/ or constructing new underground systems, including new inlets to get the surface run -off out of the travelway and to its outfall to the Bay as efficiently as possible. KFM will accomplish this by completing a comprehensive Hydrology and Hydraulic study which will determine the needed improvements. The scope of work for this study is described in detail in Section 2.0 of this proposal. CROSS SECTIONING As evidenced by the preceding discussion, the vertical design component of this project is a very key consideration. In Newport and Balboa Boulevards, we have roadways which are relatively irregular with respect to crossfalls. Based upon our field review, we believe it is imperative to obtain existing cross sections at a tighter than normal interval. We are proposing to cross section the entire project at 25 foot intervals. Moreover, KFM will also obtain grid elevations at all intersections to insure that the project drains properly and that all ponding areas are eliminated. The attainment of complete and thorough survey information regarding the existing vertical condition of the roadway will be critical to the development of a plan package that will not result in "field fitting" during construction. PROJECT ADMINISTRATION This project is partly funded with AHRP funds. The AHRP program is subject to Federal guidelines which are administered by Caltrans District 12. KFM Engineering is currently processing 6 projects through this program. We understand the plan format requirements and administrative aspects which are required for Federal projects. Further, we enjoy a very good working relationship with the Caltrans Local Programs Administrator for the City of Newport Beach, Mr. Talib Aziz. Mr. Aziz can attest to KFM's knowledge regarding the AHRP and Federal funding process as a whole. 0 0 UTILITY COORDINATION Utility coordination is a very important aspect of any project. KFM employs a very comprehensive and detailed approach to coordinating with utility agencies. PROJECT MANAGEMENT No project is successful without effective project management. KFM engineering was founded on the philosophy of providing hands -on, experienced, proactive project management on all projects. This project will be no exception. Our proposed Project Manager, Rick Kreuzer, has 17 years of design and project management experience. He will not only be involved with project management and oversight, but will also be involved in day to day design of the project. We strongly encourage the City of Newport Beach to contact any of our client references cited herein regarding Mr. Kreuzer's and the balance of KFM Teams' performance on past projects. 9 2.0 SCOPE OF WORK Task 1— Data Collection 0 KFM shall collect and review all record information including, but not necessarily limited to, the following: • As -built drawings • • Utility record drawings • Right -of -way record maps " • Assessors parcel maps' • Benchmark information • Centerline intersection ties • Drainage Index Maps' • County Materials Report ' ` denotes information already gathered by KFM in preparation of this proposal. Task 2 — Field Survey Field survey work shall consist of the following subtasks: ♦ HorizontalNertical Tie in centerline monumentation and run bench loop. ♦ Aerial Control Set aerial targets and tie -in to horizontal / vertical control. ♦ Cross Sections Survey cross sections will be taken at 25 foot intervals for the entire project stretch. Elevations shall be obtained at centerline, lane lines, grade breaks, lip of gutter, flowline, top of curb and at existing right -of -way. ♦ Monumentation Locate existing centerline monumentation and reset with temporary points, as required. ♦ Surface Topography Locations /elevations will be picked up for all existing site features (manholes, valves, pedestals, signs, etc.) within the proposed right -of -way. This information will supplement the aerial base sheets. ♦ Subsurface Information Sewer manholes and storm drain inlets, catch basins and manholes will be dipped to obtain accurate invert elevations. This as -built information will be critical to avoiding utility conflicts during construction. 0 0 Task 3 — Aerial Topographic Mapping Aerial topographic mapping will be completed at 1 " =20' scale for the subject project. Mapping will extend to a minimum of 20 feet beyond the roadway right -of -way. Contours will be depicted at 1 foot intervals. All surface features such as manholes, valves, vaults and the like will be depicted. Task 4 — Base Mapping Aerial mapping will be downloaded into KFM's CADD system. Utilizing information obtained under Tasks 1 through 3, KFM will plot all property lines, street right -of -way lines, and underground utility lines. Task 5 — Field Reviews The value of conducting thorough field reviews on a project cannot be underestimated. KFM believes very strongly in walking our projects in the field throughout the base mapping and design stages of a project to insure all design issues are considered. This task will be particularly important on the subject project due to the variety of conditions which exist within the project limits. Thorough field reviews will be conducted by the KFM project team throughout the duration of the project. Task 6 — Utility Investigation and Coordination Utility coordination will be ongoing throughout the duration of this project and will consist of the following tasks: ♦ Obtain plans showing location and size of all utility lines and appurtenances within the project area. ♦ Plot utility lines on Base Map (Task 4). ♦ Cross check plotted locations above with field review information to insure that existing lines are shown in the proper location. Request potholing from utility companies, as warranted. ♦ Upon finalizing the proposed roadway improvements, determine where potential utility conflicts exist and where utility modifications are warranted. ♦ Coordinate with affected utility companies regarding conflicts, relocations and improvements. Two (2) full sets of plans will be submitted for comment to each utility agency concurrent with all KFM submittals to the City for plan check. All correspondence with utility companies will be sent via certified mail. Task 7 — Pavement Deflection Study Labelle Marvin will complete a Pavement Deflection Study for the section of Balboa Boulevard between 1gth Street and 16'h Street to determine the required roadway improvement alternatives. This task will involve the following: • Non - destructive pavement deflection data shall be gathered from each traveled lane such that three sensor readings are recorded at each test location at select intervals. 0 0 Labelle Marvin, Inc., shall provide Road Rater, operator, recorder and traffic control as necessary, to protect the traveling public and work force. • During deflection testing operations, notes of visual pavement conditions and /or distress, cross streets, presence or absence of curb and gutter, and other such observations shall be logged. Field data collected shall be returned to the Labelle Marvin office for processing through their computer. This processing shall produce a typed tabulation of all data and field notes thereon, which locate the intersections of cross streets, pertinent landmarks, field conditions, etc. The tabulation shall include the reading of three Road Rater sensors, as well as the conversion of Road Rater Sensor Number One to an equivalent Traveling Deflectometer unit. • An engineering review of test data to isolate or separate limits of similar deflection response for statistical summary of data (providing the 80th percentile deflection) shall be made. • Prior to field sampling operations, Underground Service Alert will be notified, all test locations marked, and a meeting held, if requested, with concerned utilities to relocate test sites as necessary. • Coring and boring of the in -site roadway materials shall be performed at a total of 12 locations to determine pavement thicknesses and to obtain subgrade materials for further analysis. These corings will be taken to a depth of 3 to 4 feet. All sample locations will be backfilled and patched. Labelle Marvin shall provide traffic control during sampling operations. • The in -place moisture content of the subgrade soil samples removed at each location shall be determined. Individual or composite samples of subgrade material which typify the materials encountered shall be selected and subjected to R -Value testing for replacement section design. • Using the traffic indices provided by the City and existing pavement thickness information determined during current or previous coring operations, the 80th percentile deflection response shall then be compared to known pavement models. This comparison shall produce overlay requirements for a select design period in accordance with Caltrans Test Method Number 356, and a service life reading (Nominal Service Life) for the roadways studied. A Registered Civil Engineer shall supervise all operations, review all completed data and incorporate results of deflection testing and pavement conditions. Engineered recommendations for alternate methods of pavement rehabilitation based upon deflections and materials analysis shall be provided. Task 8 — Hydrology and Hydraulic Study The specific methodology KFM Engineering will implement to complete the hydrology and hydraulic report for the subject project will consist of a series of steps, summarized as follows: Step 1 Collect all existing as -built drawings, index maps, and hydrology /hydraulic reports on file for the project area. 0 0 Step 2 Conduct a thorough field review to verify drainage boundaries, identify overland flow direction and to verify existing pick -up points, including both on -site (within public R/W) and off -site (private property) catchment points (i.e., inlets, catch basins). Step 3 Prepare a hydrology map for the existing drainage system. Hydrology calculations will be prepared for a 10 and 25 year storm event using AES -RATOC software. 10 and 25 year flows will be shown at all major confluence locations as well as the outfalls to the Bay. Step 4 Complete hydraulic calculations for the existing storm drain system for the 10 and 25 year flows. Calculations will be computed using WSPG software. This step will serve to verify the existing drainage system deficiencies. Step 5 Prepare preliminary layout of proposed drainage system improvements, including proposed catch basin locations. Step 6 Prepare a hydrology map for the proposed drainage system identified under Step 5. Complete hydrology calculations (10/25 year) including catch basin /inlet hydrology. Step 7 Complete mainline and catch basin hydraulic calculations to determine if the proposed system improvements satisfy the City's street flooded width criteria. Step 8 Modify the proposed system improvements, as required, and complete steps 5 through 7, until the hydraulic criteria are satisfied. The result of Task 8 will be a Hydrology and Hydraulics Report which will be formatted as follows: 1.0 INTRODUCTION 2.0 STUDY OBJECTIVE 3.0 METHODOLOGY 4.0 EXISTING CONDITIONS 5.0 SYSTEM DEFICIENCIES 6.0 PROPOSED IMPROVEMENTS Appendix A - Existing System Hydrology Map and Calculations Appendix B - Existing System Hydraulic Calculations Appendix C - Proposed System Hydrology Map and Calculations Appendix D - Proposed System Mainline Hydraulic Calculations Appendix E - Proposed System Catch Basin Sizing and Street Flooded Width Calculations This document will be processed along with the Final PS &E for City approval. Task 9 — Develop Improvement Strategy The objective of this task is to formulate the improvement strategy for the project prior to proceeding with final design. The improvement alternatives, along with the corresponding 0 0 construction estimates, will be presented to City staff for the purpose of identifying the preferred strategy for implementation. Based upon the alternatives identified in the Labelle Marvin report (Task 7) and the Hydrology and Hydraulic Study (Task 8), in conjunction with our thorough field reviews, KFM will present a series (probably on the order of three options) of alternatives for treatment of the roadway and storm drain system. With respect to roadway rehabilitation, these alternatives will consider options such as traditional overlay; ARHM overlay; pulverize in- place /cement street/surface overlay; use of geotextile fabrics and grids; SAMI; TMAC; and various combinations thereof. Cost estimates will be developed to accompany each option presented to the City along with our recommendation for the "optimum" treatment with due consideration given to the budgeting elements of the project. The drainage improvement scenarios will consist of various rerouting /upsizing of existing pipes (if necessary) and new storm drain line connections. Task 10 — Geotechnical Boring Logs for Storm Drain Alignment Based upon the final proposed storm drain alignment, KFM shall utilize the services of Constant and Dickey (CDI) to perform geotechnical borings. These borings will be drilled to a depth of 10 feet. A log of borings will be developed to classify the subsurface materials encountered and to identify the depth of groundwater. This information will be included in the project specifications for the contractors use in prepartion of the project bid. These borings will be no further apart than 500 feet. We have assumed that 5 borings will be taken for this project. Task 11— Final PS &E Based upon the approved strategy resulting from Task 9, KFM will complete the construction bid documents in the form of finals plans, specifications and estimates (PS &E). We envision the following plan set: Description • Title Sheet ............... ............................... Typical Sections ...... ............................... • Details ..................... ............................... • Roadway Plan & Profile .......................... • Storm Drain Plan & Profile ...................... • Lateral Profiles ........ ............................... • Striping Plans... ...................................... • Traffic Control... ...................................... • Cross Sections ........ ............................... # Sheets TOTAL .......................... 50 Sheets Roadway plan and profile sheets will be prepared at 1 " =20' horizontal and 1 " =2' vertical scale. The plans will depict all proposed roadway improvements, including the necessary removal /replacement of existing curb and gutter to correct existing drainage deficiencies. Replacement of traffic loops and inclusion of all required ADA improvements and new sidewalk (if desired by City) will be depicted on these drawings. Also any required median modifications 0 0 will be included. Profiles will be shown for centerline /crown line, and north and south lips of gutters. Any grade breaks within the roadway cross section will also be addressed. Storm drain plan and profile will be prepared at V =20' horizontal and V =2' vertical scale. Lateral profiles will be depicted on a separate sheet. Striping plans will be completed at V =20' scale in double plan format. Traffic control plans will be prepared at V =20' in double plan format for the "mixed master" area only. Traffic control plans for all other areas of the project will be the contractors responsibility. Cross sections will be prepared at 25 foot intervals at a scale of V =10' horizontal and V =1' vertical. All existing and proposed elevations and street crossfalls will be shown. All plans will be prepared using AutoCAD 14. Specifications will be prepared in conformance with City of Newport Beach format. Quantities and cost estimates shall be completed for the project and submitted with the plans along with all project submittals. Cost estimates will be segmented to conform with the funding programs for the project. Task 12 — Project Coordination and Meetings KFM shall provide all necessary coordination activities and attend all project related meetings for the duration of the project. No additional compensation will be requested by KFM, regardless of the number of meetings. Task 13 — Federal Processing and Compliance This project is partially funded under the Arterial Highway Rehabilitation Program (AHRP), a program which is Federally funded and administered by OCTA with technical oversight responsibilities resting with Caltrans Local Programs staff. KFM shall complete the project PS &E in conformance with the guidelines for Federally funded projects contained in the Caltrans Local Programs Manual and the "Reengineering" circular dated July 1, 1995. Items of work under this task include: • Conducting field reviews with Caltrans, as required. • Certifying PS &E compliance. • Conducting any required meetings with Caltrans to assure Federal and State compliance. • Obtaining all necessary permits required for the project. • Obtaining FNM -76 approval for the project. In order to award a contract for construction of the project, the City must receive FNM -76 approval from Caltrans. This FNM -76 approval is obtained by submitting the bid documents and supporting forms to the Caltrans local representative which are then reviewed and subsequently approved, at which time the project can be advertised for construction bids. All necessary work required to obtain this approval is included in our scope of work. 0 0 KFM has completed the design and obtained FNM -76 approval for 14 AHRP projects for various Orange County municipalities in the last 3 years. Task 14 — Bidding and Construction Support This task shall include provision of bid addenda and /or plan clarifications, as well as attendance at the project preconstruction meeting and other pertinent meetings. KFM shall also be available to City staff during the construction period to answer questions and provide clarification to plan and specification issues, as needed. Task 15 — As -Built Drawings Upon completion of construction, KFM shall complete as -built drawings for the project. One hard copy set of plans (mylar), along with digital files will be delivered to the City upon completion. Task 16 — Reimbursables KFM shall provide all reimbursables (mileage, printing, plotting, etc.) for the duration of the project, excluding bid set reproduction which will be the responsibility of the City of Newport Beach. 0 0 3.0 MANHOUR ALLOCATION Exhibit A below summarizes the manhours, by task, estimated to complete the scope of work outlined in Section 2.0 of this proposal. CITY OF NEWPORT BEACH NEWPORT/BALBOA BLVD. from 26th to 161b MANHOUR ALLOCATION EXHIBIT A TASK ...... KFM STAFF _ PM P SUR—VEY. TOTAL KFM WANHOURS SUBS. TOTAL 4 9 a 1. DATA COLLECTION 2. FIELD SURVEY 2 4 1 2 2 1 1 1 8 6 9 8 - HonwroalNertical Control -Aerial Control -Gros Seclions& Grids 40 42 9 25 13 42 --.-,.9 25 B 24 12 = Surface Topography __ -Subsurface Infirrvatim 3. AERIAL TOPOGRAPHIC MAPPING 1 8 12 1 20 30 .13 31 20 4. BASE MAPPING 5. FIELD REVIEWS 6. UTILITY INVESTIGATION AND COORDINATJON 2 8 6 16 16 7. PAVEMENT DEFLECTION STUDY 4 52 4 110 114 52 8. HYDROLOGY & HYDRAULIC STUDY 24 40 9. DEVELOP IMPROVEMENT STRATEGY 16 24 12 4 10. STORM DRAIN GEOTECHNICAL BORINGS 4 36 40 7 IL FINAL P S & E -Title Street (1) 1 2 7 - Typical Hal —secti-S (1) - Details(2) 4 16 12 32 32 4 56 24 84 24 112 — 52 252 IV —2-8 - 2 26 -- -- 52 252 --- I 26 52 149 - Roadway Plan & Profile (7) - Stereo Drain Plan & Profile (7) 28 56 49 — -- - - li ___ _12 — ----- 32 90 - Lateral - Striping Plans (42.. 2 4 — 12 16 -T-fliCC-t1olt1Ms(4) Crow Sections (23) 23 16 4 46 12 li - - i i 149 —__-Specjfications -Cost Eginute 28 16 28 32 28 16 28 32 12. PROJECT COORDINATION GS MEF � 16 13. FEDERAL PROCESSING& COMPLIANCE 4 16 BIDDING &CONSTRUCTION SUPPORT 4 8 18 18 14 NIA ---14. 15. AS-BUILT DRAWINGS 16. REIMBURSABLES 4 14 TOTAL MANIJOURS 245 426 428 981 y 1/97 176 1373 0 4.0 SCHEDULE 0 The project schedule is depicted graphically on Exhibit B on the following page. This schedule has been developed based upon an assumed start date of September 5, 2000 and an assumed agency review duration of five days each for the 50% and final reviews and a review duration of 10 days for the 100% design review. Significant project milestones are summarized as follows: Notice to Proceed ........................ ............................... September 26, 2000 Submit PS &E for 50% Design Review ......................... December 12, 2000 Submit PS &E for 100% Design Review .. .........................January 16, 2001 Submit PS &E for Final Review ....... ............................... February 13, 2001 PS &E Approved; Project Complete ............................... February 27, 2001 d 7 W m V N Q U W� a` VAS goo zap O Q N �o vzw n n ° °m ° u O m W N N M LL. p . 1 N Z n to Q 2 Z ty Q n ► O O V t°j U O 0 0 ^f N n a; 0 0 CIO "O OOIO 0 0 0 0 0 O�O:�� ' O lA V LO (h N SIN �iN r ri lA lLo O c 2 O O O T T. a' 0 0 O', U' oI� U ti . R N 4�0)'2— I U U U N= O O OO .n aaim o 7 cu CL I T O h n n n Nj E: O O — ( N N o 15 y o Jim N a; 0 0 CIO "O OOIO 0 0 0 0 0 O�O:�� ' O lA V LO (h N SIN �iN r ri lA lLo >: ca a) > N. C: �' cu > c m !o N N CL of N o N � > 3 N 3 , m 3 '', o LpiO0 N W10 N W C Nit. =, > ❑' n > a3 > ,5 ii >' U o E�i N �: L a) (j) N; d a o Cr O o Er a o CL a O T N T IT ¢ U N U U 00 W > m -0 aa)i m a aC ' >�-0 a°i' RSI06 N C 7 m S ', 7 m N i l D) .� U) C) iL cn ¢I, W;cn ¢ 1r; U) < Lila V I C bA :i W I c O T T. a' O', U' oI� U . R N 4�0)'2— I U U N ° a T N= a•. �I aTi .n aaim co 7 cu CL I T O NU I Vp l ca Nj E: O p j — ( N N o 15 >: ca a) > N. C: �' cu > c m !o N N CL of N o N � > 3 N 3 , m 3 '', o LpiO0 N W10 N W C Nit. =, > ❑' n > a3 > ,5 ii >' U o E�i N �: L a) (j) N; d a o Cr O o Er a o CL a O T N T IT ¢ U N U U 00 W > m -0 aa)i m a aC ' >�-0 a°i' RSI06 N C 7 m S ', 7 m N i l D) .� U) C) iL cn ¢I, W;cn ¢ 1r; U) < Lila V I C bA :i W I r • 5.0 QUALIFICATIONS KFM Engineering, Inc. has assembled a Project Team which is knowledgeable and experienced in all aspects of the subject project. The Project Team structure is illustrated on Exhibit C on the following page. Personal resumes of the key team members identified are enclosed at the end of this proposal section. The Project Manager for the project will be Mr. Rick Kreuzer, P.E. Mr. Kreuzer is a Registered Civil Engineer in California with 17 years of civil engineering experience, including three years with the Orange County Environmental Management Agency as a construction inspector, one year as a Project Engineer for a major Orange County contractor and the last eleven years as a consultant. As the Project Manager, Mr. Kreuzer will have overall technical responsibility for the project and will be the client's primary contact. He will also have "hands -on" involvement in the day to day design of the project. His experience is well suited to this project, as summarized below: • 17+ years as a consultant with an emphasis in public works design. Numerous storm drain, roadway widening, and reconstructiontrehabilitation projects completed for various cities in Orange County over the past seventeen years. • Extensive experience coordinating with utility companies. 3 years with OCEMA as field inspector on public works projects. He has a strong understanding of the construction elements to be considered on a project of this type. Recent street improvement projects similar in nature to the subject project which Mr. Kreuzer has managed include: PROJECT CLIENT CONSTRUCTION COST Artesia Boulevard Buena Park $1,200,000 Fairview Road Costa Mesa $3,400,000 Yorba Linda Boulevard Placentia $1,200,000 Tustin Street Orange $1,100,000 Ortega Highway San Juan Capistrano $200,000 Del Obispo Road San Juan Capistrano $300,000 Katella Avenue Anaheim $18,000,000 MacArthur Boulevard Newport Beach $700,000 San Miguel Road Newport Beach $200,000 Taft Avenue Orange $1,500,000 �I v~ F m� IL {IL Y a W m d 3 W Z O 0 L d W_ I V4 Q ui FS2 d� IC w W J W Z 7 � J w uY W 4 W f 0 Z." U � N a� �q a Z d d O R,R d I� � a O Q ti F, agro O � 0 o� U IL IL a N O d H a 0 y h d Y a • PROJECT CLIENT CONSTRUCTION COST Main Street Orange $850,000 Imperial Highway La Habra $30,000,000 Lincoln Avenue Anaheim $800,000 Lake Forest Drive OCPFRD $3,000,000 Beach Boulevard Huntington Beach $1,100,000 Avenido Pico San Clemente $400,000 Marguerite Parkway Mission Viejo $700,000 Annual Resurfacing Program 94 -95 Dana Point $500,000 Annual Resurfacing Program 94 -95 Dana Point $600,000 Annual Resurfacing Program 94 -95 San Juan Capistrano $600,000 Mr. Kreuzer will be assisted by Jeff Lund. His main area of expertise is in the design of street widening and rehabilitation projects. Mr. Lund served as the Project Engineer for the vast majority of the projects listed above. Mr. Lund's experience includes 8 years as a Design /Project Engineer. Prior to that, Mr. Lund served 5 years as a project inspector for the City of Santa Barbara where he was responsible for field inspection /oversight of all City roadway and storm drain improvement projects. Ed Miller, P.E. will be responsible for the design of the traffic elements of the project, including the development of striping and traffic control plans. Mr. Miller has 16 years of experience in transportation /traffic design. He also has extensive experience processing Federally funded projects through Caltrans. The field surveying for the project will be under the direction of Ted Krull, L.S. Mr. Krull serves as KFM's survey party chief. He is a Registered Land Surveyor in the State of California with over 22 years of professional experience. Arrowhead Mapping of San Bernardino will supply the aerial mapping for the project. They have worked extensively with KFM over the last 5 years. Steve Marvin, P.E. of Labelle -Marvin will oversee the pavement deflection study work on the project. Mr. Marvin is widely recognized as the leading authority regarding pavement analysis and engineering. Labelle -Marvin has worked on numerous projects with KFM in the past, including most of the projects mentioned herein. Brian Constant, P.E. of Constant and Dickey (CDI) will oversee the drilling and development of boring logs for the proposed storm drain alignment. CDI is currently working on multiple projects as a subconsultant to KFM. 0 CITY OF NEWPORT BEACH NEWPORTMALBOA BLVD. from 26th to 16th FEESCREDULE EXHIBIT A TASK KFM STAFF is-1-15T, 11-81) '---(vo)--r—(wo) J�M EE.- -L--cAwO---LsuRyu 2- -2--- TOTAL KFM wANHOURs LUMP Sum TOTAL 1. DATA COLLECTION 2. FIELDSURVEY 4 - Hmizmta]Nenical Control 6 40 9 24 12 8 $1,250 -Aerial Control -Cross Sectims & Grids 2 2 1 1 1 ---- 42 9 25 13 $7,030_ S Mmtmentatim Subsurface Information $4.195 $2.155 3. AERIAL TOPOGRAPHIC MAPPING 4 9 24 -- i 36 20 16 !i--150 $10,300 $3,265 $2,820 $1,940 $1,330 $10,760 $7.840 $4.720 12,960 $565 $2,660 $4,180 521,420 $11.340 $2,320 --$2,090 $4,060 $12,155 $2,860 S1,480 $2.860 52,660 4. BASE MAPPING a 12 5. FIELD REVIEWS 6. UTILITY INVESTIGATION AND COORDINATION 2 8 6 7. PAVEMENT DEFLECTION STUDY 4 40 24 4 8. & HYDRAULIC STUDY 24 24- IZ 88 32 4— 7 32 52 252 132 28 .26 52 149 28 16 28 37 18 $2,500 - 12,000 9. DEVELOP IMPROWMEN-T STRATEGY - - IR- --- 10. STORM 6EUTECHMC kL BORINGS 11, FINAL PS&E 16 4 Title Sbeet -Typical Du ROadwa Plan &Profile 7) M160) — -------- ... ..... 1 4 — 56 28 —4 4 23 16 4 2 16 -------- ... 24 84 56 4 _12 24 112 48 —12— 12 32 so 12 Dmin Pin & Profile Q - jweml ProrjlSsQ) . ..... 12. 12 16 46 12 U 12 16 -Striping Pians (4) - Tmffic Cmtrd Plana (4) --Cross Section Q3 Specifications Cost Estimate 12. PROJECT COORDINATION iMEETINdS 16 4 13, FEDERAL PROCESSING& COMPLIANCE 14, BIDDING & CONSTRUCTION SUPPORT 8 $1,560 '130 $2,000 AS -BUILT DRAWINGS REIMBURSABLFS 2 4 TOTAL MANHOURS TOTAL COSTS . ......... S ,9551 I 28 - 245 $28,175 426 536,210 42 - 8 $32.100 _$16,660 ... F$17.950 LESS 10% ........... ............... $12,896 TOTAL FEE ....................... $116,060 0 EXHIBIT B KFM ENGINEERING, INC. SCHEDULE OF HOURLY BILLING RATES Rates Effective through December 31, 2000 OFFICE PERSONNEL: Typists, Word Processors ....................... ............................... $ 30.00 /Hr. Technician ............................................... ..............................$ 45.00 /Hr. Design Engineers / CADD Operators ...... ............................... $ 70.00 /Hr. Project Engineers .................................... ............................... $ 85.00 /Hr. Project Managers .................................... ............................... $ 115.0011-1r. FIELD PERSONNEL: Two -Man Survey Party, including Truck and Equipment..... Three -Man Survey Party, including Truck and Equipment..... SUPPORT & MISCELLANEOUS COSTS: ....... ............................... $ 135.00/Hr. ........ ............................... $ 170.00 /Hr. C.A.D.D. Work Station / Plotter .................. ..............................$ 25.00 /Hr. Computer time ........................................ ............................... $ 16.00 /Hr. Telefax..................................................... ..............................$ 2.00 /Pg. Electronic Distance Measuring Equipment (E.D.M.) ............... $ 55.00 /Day Survey Trucks ......................................... ............................... $ 0.50 /Mile Other Vehicles ........................................ ............................... $ 0.30 1Mile Outside services and consultants are billed at direct costs plus 15 %. Blueprints, reproduction, messenger service, subsistence, travel and other expenses are billed at direct cost plus 10 %. Terms are net 30 days with 11/2% per month interest charges. The above schedule is for straight time hours. + KFM �XN1�tT "Pr'' August 28, 2000 Mr. Bill Patapoff, P.E. City of Newport Beach Public Works Department 3300 Newport Boulevard Newport Beach, CA 92658 RE: Revised Proposal for Professional Engineering Services for Balboa Boulevard Improvements from 12th Street to Medina Way. Dear Mr. Patapoff: KFM appreciates the opportunity to submit this proposal. We believe we are very well qualified for the subject project, having completed numerous roadway rehabilitation projects under the AHRP program over the last three years. Our proposal is formatted as follows: SECTION 1.0 ............PROJECT OVERVIEW SECTION 2.0 ............SCOPE OF WORK SECTION 3.0 ............MANHOUR ALLOCATION SECTION 4.0 ............SCHEDULE SECTION 5.0 ............QUALIFICATIONS Per the requirements of the RFP, we have enclosed our proposed fee in a separate sealed envelope. Once again, we appreciate the opportunity to be of further service to the City of Newport Beach. If you have any questions regarding this proposal or require additional information, please do not hesitate to give me a call. Respectfully submitted: Rick Kreuzer, P.E. President Ph: 949.580.3838 F,>Y: 949.::8(!. 3153, 1.0 PROJECT OVERVIEW 0 The City of Newport Beach has solicited proposals for the design of improvements to Balboa Boulevard from 12'" Street to Medina Way. The improvements will include the rehabilitationtreconstruction of the roadway and the construction of drainage systems. Parkway improvements in the form of new curb and gutter, sidewalk, and access ramps will be implemented, as warranted. In preparation of this proposal, KFM has: • Collected all as -built drawings for the project. • Conducted a thorough field review of the project and developed a comprehensive photo log to document existing site conditions. • Collected and reviewed City drainage atlas sheets for the project area. • Discussed the project with City staff. • Discussed the project with Steve Marvin of Labelle Marvin. We believe these research efforts have given us a good understanding of the project requirements and the key issues, as summarized below, which we believe will need to be addressed for successful completion of the project. KEYISSUES INNOVATIVE REHABILITATION STRATEGIES Innovative, cost effective solutions to improve the condition of the Balboa Boulevard roadway section will be our primary focus. KFM will be utilizing the services of Labelle Marvin (LM) for the preparation of a Pavement Report for the project. In order to arrive at a preferred rehabilitation strategy, two primary design elements need to be considered, summarized as follows: e Vertical Considerations — Many times the rehabilitation strategy which appears to be the most cost effective solution at the onset does not result in the best long term solution. As an example, a roadway which is in fair to poor condition may require a thicker overlay on the order of 3 to 4 inches. While this approach may result in the best unit price rehabilitation strategy, it may also result in much steeper roadway crossfalls and /or an irregular roadway cross slope condition, neither of which results in a road with good rideability. This is particularly important when you have a project which, like the project at hand, consists of fairly irregular cross fall conditions and defined edge conditions (curb and gutter both sides and raised medians in the center). This example serves to 0 0 point out the critical interrelationship between pavement improvement strategies and the vertical design component of a project. In other words, a perfectly applicable solution, from a pavement improvement perspective, may not be feasible if the vertical design criteria for the project cannot be satisfied. KFM and Labelle Marvin understand this critical interrelationship, having completed an excess of 20 roadway rehabilitation projects together over the last 5 years. We will work very closely on this project to develop the very best strategy for improvement of Balboa Boulevard. A specific concern with respect to the vertical design of the roadway is that a large portion of the subject project area drains to the raised median area in the center of the road where it is picked up by inlets in the median. This condition is depicted in the photographs below: q � kca During the design process, KFM will investigate the potential for reconfiguring the crossfall of the roadway to drain entirely (or primarily) toward the sides where there is more room available to accommodate flooding in the street and to relieve flooding in the #1 lanes adjacent to the median. Once again, KFM will work closely with Labelle Marvin to "marry' this vertical design issue to the proposed pavement improvement strategies. Budget — Another important tool to obtaining the best improvement strategies for a project is knowing the construction budget for a project. This "sets the bar" for us and gives us a target number to improve upon. In summary, we cannot emphasize enough that the development of innovative and cost effective improvement strategies are very much a collaborative effort between the engineer and pavement specialists. KFM and Labelle Marvin bring this close working relationship as well as a wealth of roadway rehabilitation design experience to the subject project. DRAINAGE Currently, the project area is drained by a network of inlets and pipes which outfall to the Bay at two locations, summarized as follows: 12 inch CAP in 11'" Street 18 inch CAP in 10'" Street Improvement to the drainage system will be a critical component of the project. Improper roadway drainage is one of the leading contributors to the degradation of a roadway surface. It will be KFM's charge to improve the drainage situation in the project area. This will be 0 0 accomplished by upgrading existing underground and/ or constructing new underground systems, including new inlets to get the surface run -off out of the travelway and to its outfall to the Bay as efficiently as possible. KFM will accomplish this by completing a comprehensive Hydrology and Hydraulic study which will determine the needed improvements. The scope of work for this study is described in detail in Section 2.0 of this proposal. CROSS SECTIONING As evidenced by the preceding discussion, the vertical design component of this project is a very key consideration. Balboa Boulevard is a roadway which has a relatively irregular crossfall condition. Based upon our field review, we believe it is imperative to obtain existing cross sections at a tighter than normal interval. We are proposing to cross section the entire project at 25 foot intervals. Moreover, KFM will also obtain grid elevations at all intersections to insure that the project drains properly and that all ponding areas are eliminated. The attainment of complete and thorough survey information regarding the existing vertical condition of the roadway will be critical to the development of a plan package that will not result in "field fitting" during construction. PROJECT ADMINISTRATION This project is partly funded with AHRP funds. The AHRP program is subject to Federal guidelines which are administered by Caltrans District 12. KFM Engineering is currently processing 6 projects through this program. We understand the plan format requirements and administrative aspects which are required for Federal projects. Further, we enjoy a very good working relationship with the Caltrans Local Programs Administrator for the City of Newport Beach, Mr. Talib Aziz. Mr. Aziz can attest to KFM's knowledge regarding the AHRP and Federal funding process as a whole. UTILITY COORDINATION Utility coordination is a very important aspect of any project. KFM employs a very comprehensive and detailed approach to coordinating with utility agencies. PROJECT MANAGEMENT No project is successful without effective project management. KFM engineering was founded on the philosophy of providing hands -on, experienced, proactive project management on all projects. This project will be no exception. Our proposed Project Manager, Rick Kreuzer, has 17 years of design and project management experience. He will not only be involved with project management and oversight, but will also be involved in day to day design of the project. We strongly encourage the City of Newport Beach to contact any of our client references cited herein regarding Mr. Kreuzer's and the balance of KFM Teams' performance on past projects. 2.0 SCOPE OF WORK Task 1— Data Collection 0 KFM shall collect and review all record information including, but not necessarily limited to, the following: • As -built drawings * • Utility record drawings • Right -of -way record maps • Assessors parcel maps • Benchmark information • Centerline intersection ties • Drainage Index Maps * * denotes information already gathered by KFM in preparation of this proposal. Task 2 — Field Survey Field survey work shall consist of the following subtasks: ♦ HorizontalNertical Tie in centerline monumentation and run bench loop. ♦ Aerial Control Set aerial targets and tie -in to horizontal / vertical control. ♦ Cross Sections Survey cross sections will be taken at 25 foot intervals for the entire project stretch. Elevations shall be obtained at centerline, lane lines, grade breaks, lip of gutter, flowline, top of curb and at existing right -of -way. ♦ Monumentation Locate existing centerline monumentation and reset with temporary points, as required. ♦ Surface Topography Locations /elevations will be picked up for all existing site features (manholes, valves, pedestals, signs, etc.) within the proposed right -of -way. This information will supplement the aerial base sheets. ♦ Subsurface Information Sewer manholes and storm drain inlets, catch basins and manholes will be dipped to obtain accurate invert elevations. This as -built information will be critical to avoiding utility conflicts during construction. 9 0 Task 3 — Aerial Topographic Mapping Aerial topographic mapping will be completed at 1 " =20' scale for the subject project. Mapping will extend to a minimum of 20 feet beyond the roadway right -of -way. Contours will be depicted at 1 foot intervals. All surface features such as manholes, valves, vaults and the like will be depicted. Task 4 — Base Mapping Aerial mapping will be downloaded into KFM's CADD system. Utilizing information obtained under Tasks 1 through 3, KFM will plot all property lines, street right -of -way lines, and underground utility lines. Task 5 — Field Reviews The value of conducting thorough field reviews on a project cannot be underestimated. KFM believes very strongly in walking our projects in the field throughout the base mapping and design stages of a project to insure all design issues are considered. This task will be particularly important on the subject project due to the variety of conditions which exist within the project limits. Thorough field reviews will be conducted by the KFM project team throughout the duration of the project. Task 6 — Utility Investigation and Coordination Utility coordination will be ongoing throughout the duration of this project and will consist of the following tasks: ♦ Obtain plans showing location and size of all utility lines and appurtenances within the project area. ♦ Plot utility lines on Base Map (Task 4). ♦ Cross check plotted locations above with field review information to insure that existing lines are shown in the proper location. Request potholing from utility companies, as warranted. ♦ Upon finalizing the proposed roadway improvements, determine where potential utility conflicts exist and where utility modifications are warranted. ♦ Coordinate with affected utility companies regarding conflicts, relocations and improvements. Two (2) full sets of plans will be submitted for comment to each utility agency concurrent with all KFM submittals to the City for plan check. All correspondence with utility companies will be sent via certified mail. Task 7— Pavement Deflection Study Labelle Marvin will complete a Pavement Deflection Study for the section of Balboa Boulevard between 12'" Street and Median Way to determine the required roadway improvement alternatives. This task will involve the following: • Non - destructive pavement deflection data shall be gathered from each traveled lane such that three sensor readings are recorded at each test location at select intervals. 0 • Labelle Marvin, Inc., shall provide Road Rater, operator, recorder and traffic control as necessary, to protect the traveling public and work force. During deflection testing operations, notes of visual pavement conditions and /or distress, cross streets, presence or absence of curb and gutter, and other such observations shall be logged. Field data collected shall be returned to the Labelle Marvin office for processing through their computer. This processing shall produce a typed tabulation of all data and field notes thereon, which locate the intersections of cross streets, pertinent landmarks, field conditions, etc. The tabulation shall include the reading of three Road Rater sensors, as well as the conversion of Road Rater Sensor Number One to an equivalent Traveling Deflectometer unit. • An engineering review of test data to isolate or separate limits of similar deflection response for statistical summary of data (providing the 80th percentile deflection) shall be made. • Prior to field sampling operations, Underground Service Alert will be notified, all test locations marked, and a meeting held, if requested, with concerned utilities to relocate test sites as necessary. • Coring and boring of the in -site roadway materials shall be performed at a total of 12 locations to determine pavement thicknesses and to obtain subgrade materials for further analysis. These corings will be taken to a depth of 30 feet.All sample locations will be backfilled and patched. Labelle Marvin shall provide traffic control during sampling operations. • The in -place moisture content of the subgrade soil samples removed at each location shall be determined. Individual or composite samples of subgrade material which typify the materials encountered shall be selected and subjected to R -Value testing for replacement section design. • Using the traffic indices provided by the City and existing pavement thickness information determined during current or previous coring operations, the 80th percentile deflection response shall then be compared to known pavement models. This comparison shall produce overlay requirements for a select design period in accordance with Caltrans Test Method Number 356, and a service life reading (Nominal Service Life) for the roadways studied. A Registered Civil Engineer shall supervise all operations, review all completed data and incorporate results of deflection testing and pavement conditions. Engineered recommendations for alternate methods of pavement rehabilitation based upon deflections and materials analysis shall be provided. Task 8 — Hydrology and Hydraulic Study The specific methodology KFM Engineering will implement to complete the hydrology and hydraulic report for the subject project will consist of a series of steps, summarized as follows: Step 1 Collect all existing as -built drawings, index maps, and hydrology /hydraulic reports on file for the project area. Step 2 Conduct a thorough field review to verify drainage boundaries, identify overland flow direction and to verify existing pick -up points, including both on -site (within public R/W) and off -site (private property) catchment points (i.e., inlets, catch basins). Step 3 Prepare a hydrology map for the existing drainage system. Hydrology calculations will be prepared for a 10 and 25 year storm event using AES -RATOC software. 10 and 25 year flows will be shown at all major confluence locations as well as the outfalls to the Bay. Step 4 Complete hydraulic calculations for the existing storm drain system for the 10 and 25 year flows. Calculations will be computed using WSPG software. This step will serve to verify the existing drainage system deficiencies. Step 5 Prepare preliminary layout of proposed drainage system improvements, including proposed catch basin locations. Step 6 Prepare a hydrology map for the proposed drainage system identified under Step 5. Complete hydrology calculations (10/25 year) including catch basin /inlet hydrology. Step 7 Complete mainline and catch basin hydraulic calculations to determine if the proposed system improvements satisfy the City's street flooded width criteria. Step 8 Modify the proposed system improvements, as required, and complete steps 5 through 7, until the hydraulic criteria are satisfied. The result of Task 8 will be a Hydrology and Hydraulics Report which will be formatted as follows: 1.0 INTRODUCTION 2.0 STUDY OBJECTIVE 3.0 METHODOLOGY 4.0 EXISTING CONDITIONS 5.0 SYSTEM DEFICIENCIES 6.0 PROPOSEDIMPROVEMENTS Appendix A - Existing System Hydrology Map and Calculations Appendix B - Existing System Hydraulic Calculations Appendix C - Proposed System Hydrology Map and Calculations Appendix D - Proposed System Mainline Hydraulic Calculations Appendix E - Proposed System Catch Basin Sizing and Street Flooded Width Calculations This document will be processed along with the Final PS &E for City approval. Task 9 — Develop Improvement Strategy The objective of this task is to formulate the improvement strategy for the project prior to proceeding with final design. The improvement alternatives, along with the corresponding 0 i construction estimates, will be presented to City staff for the purpose of identifying the preferred strategy for implementation. Based upon the alternatives identified in the Labelle Marvin report (Task 7) and the Hydrology and Hydraulic Study (Task 8), in conjunction with our thorough field reviews, KFM will present a series (probably on the order of three options) of alternatives for treatment of the roadway and storm drain system. With respect to roadway rehabilitation, these alternatives will consider options such as traditional overlay; ARHM overlay; pulverize in- place /cement street/surface overlay; use of geotextile fabrics and grids; SAMI; TMAC; and various combinations thereof. Cost estimates will be developed to accompany each option presented to the City along with our recommendation for the "optimum" treatment with due consideration given to the budgeting elements of the project. The drainage improvement scenarios will consist of various rerouting /upsizing of existing pipes (if necessary) and new storm drain line connections. Task 10 — Geotechnica/ Boring Logs for Storm Drain Alignment Based upon the final proposed storm drain alignment, KFM shall utilize the services of Constant and Dickey (CDI) to perform geotechnical borings. These borings will be drilled to a depth of 10 feet. A log of borings will be developed to classify the subsurface materials encountered and to identify the depth of groundwater. This information will be included in the project specifications for the contractors use in prepartion of the project bid. These borings will be no further apart than 500 feet. We have assumed that 5 borings will be taken for this project. Task 11— Final PS &E Based upon the approved strategy resulting from Task 9, KFM will complete the construction bid documents in the form of finals plans, specifications and estimates (PS &E). We envision the following plan set: Description • Title Sheet ......................... • Typical Sections ................ • Details ............................... • Roadway Plan & Profile..... • Storm Drain Plan & Profile. • Lateral Profiles .................. • Striping Plans .................... • Cross Sections.. ................ # Sheets .............................. ..............................1 .............................. ..............................1 .............................. ..............................2 .............................. ..............................8 .............................. ..............................8 ........................... ..............................1 .............................. ..............................4 ............................. .............................24 TOTAL .......................... 49 Sheets Roadway plan and profile sheets will be prepared at V =20' horizontal and V =2' vertical scale. The plans will depict all proposed roadway improvements, including the necessary removal /replacement of existing curb and gutter to correct existing drainage deficiencies. Replacement of traffic loops and inclusion of all required ADA improvements and new sidewalk (if desired by City) will be depicted on these drawings. Profiles will be shown for centerline /crown line, and north and south lips of gutters. Any grade breaks within the roadway cross section will also be addressed. 0 0 Storm drain plan and profile will be prepared at V =20' horizontal and 1 " =2' vertical scale. Lateral profiles will be depicted on a separate sheet. Striping plans will be completed at 1 " =20' scale in double plan format. Cross sections will be prepared at 25 foot intervals at a scale of 1 " =10' horizontal and V =1' vertical. All existing and proposed elevations and street crossfalls will be shown. All plans will be prepared using AutoCAD 14. Specifications will be prepared in conformance with City of Newport Beach format. Quantities and cost estimates shall be completed for the project and submitted with the plans along with all project submittals. Cost estimates will be segmented to conform with the funding programs for the project. Task 12 — Project Coordination and Meetings KFM shall provide all necessary coordination activities and attend all project related meetings for the duration of the project. No additional compensation will be requested by KFM, regardless of the number of meetings. Task 13 — Federal Processing and Compliance This project is partially funded under the Arterial Highway Rehabilitation Program (AHRP), a program which is Federally funded and administered by OCTA with technical oversight responsibilities resting with Caltrans Local Programs staff. KFM shall complete the project PS &E in conformance with the guidelines for Federally funded projects contained in the Caltrans Local Programs Manual and the "Reengineering" circular dated July 1, 1995. Items of work under this task include: • Conducting field reviews with Caltrans, as required. • Certifying PS &E compliance. • Conducting any required meetings with Caltrans to assure Federal and State compliance. • Obtaining all necessary permits required for the project. • Obtaining FNM -76 approval for the project. In order to award a contract for construction of the project, the City must receive FNM -76 approval from Caltrans. This FNM -76 approval is obtained by submitting the bid documents and supporting forms to the Caltrans local representative which are then reviewed and subsequently approved, at which time the project can be advertised for construction bids. All necessary work required to obtain this approval is included in our scope of work. KFM has completed the design and obtained FNM -76 approval for 14 AHRP projects for various Orange County municipalities in the last 3 years. 9 Task 14 — Bidding and Construction Support This task shall include provision of bid addenda and /or plan clarifications, as well as attendance at the project preconstruction meeting and other pertinent meetings. KFM shall also be available to City staff during the construction period to answer questions and provide clarification to plan and specification issues, as needed. Task 15 — As -Built Drawings Upon completion of construction, KFM shall complete as -built drawings for the project. One hard copy set of plans (mylar), along with digital files will be delivered to the City upon completion. Task 16 — Reimbursables KFM shall provide all reimbursables (mileage, printing, plotting, etc.) for the duration of the project, excluding bid set reproduction which will be the responsibility of the City of Newport Beach. 3.0 MANHOUR ALLOCATION Exhibit A below summarizes the manhours, by task, estimated to complete the scope of work outlined in Section 2.0 of this proposal. CITY OF NEWPORT BEACH BALBOA BLVD. (MM 12th to Medina MANHOUR ALLOCATION EXIIJBITA TASK j--.PETCAIM3 2 KIM 2 STAFF SURVEY TOTAL KFM WANHOURS 9 8 42 9 25 13 7- 36 20 SUBS. — n 110 TOTAL 4 1. DATA COLLECTION 2. FIELD SURVEY - HofizonwlNenical Control 1 24 8 6 40 8 24 12 9 a 42 9 25 -Aerial Control -Cross Sectims & Grids 2 2 1 1 1 - Monumentatim 8 12 - Surfacer oa by - Subsurface Information 13 --33 36 20 3, AERIAL TOPOGRAPHIC MAPPING ,L BASE MAPPING 5, FIELD REVIEWS —6 UTILITY INVESTIGATIONFAND CW11MINAT1614 4 8 - 8 8 7. PAVEMENT DEFLECTION STUDY 4 4 8. HYDROLOGY & HYDRAULIC STUDY 24 40 24 M _9_ DEVELOP IMPROVEMENT STRATEGY STORM DRAIN GEOTECHNICAL BORINGS 16 4 - 24 -— 12 -- T2 4 36 52 46- — IL FINAL P S & E Iitic Sheet C�) 7 32 52 274 ._ 140 28 26 28 7 32 -52 1 2 4 4 16 12 -Storm Drain PI" & Profile (8) - 4 4 -— 2' 2 i 24 274 29 26 L52 28 60 90 124 4-8— 28 64 -LsttmIPmfiIesO) 4 24 16 12 12 - Specifications 48 12 12 - Cost Estimate 12. PROJECT COORDINA'noii&�MEETINGS 4 12 16 28 16 28 16 12 T3 FEDERAL PROCESSING & COMPLIANCE 14. BIDDING & CONSTRUCTION SUPPORT 4 4 M 32 i — :�32 18 14 N/A 8 6 —.18 - 14 14 15. AS-BUILT DRAWINGS 2 4 16. REIMBURSABLES TOTAL MANHOURS -F 246 426 1 409 ]:7981: 1 178 r 178 1356 4,0 SCHEDULE 0 The project schedule is depicted graphically on Exhibit B on the following page. This schedule has been developed based upon an assumed start date of September 5, 2000 and an assumed agency review duration of five days each for the 50% and final reviews and a review duration of 10 days for the 100% design review. Significant project milestones are summarized as follows: Notice to Proceed ........................ ............................... September 26, 2000 Submit PS &E for 50% Design Review ......................... November 21, 2000 Submit PS &E for 100% Design Review ....................... December 12, 2000 Submit PS &E for Final Review .......... ............................... January 2, 2001 PS &E Approved, Project Complete ........ .........................January 16, 2001 QO 'a o uj N :E U x w 0 LU Q cv O ti Ci ' , C4 FT -0 -0: Ln LO 0 10 0 0 01010 0 -0 C) 00 C\J C\J U) 0' �QO I�II�=I��jll !III > co T.o w Q) co 0 co ul, c CY) > 0 '01 0 2M cu CL _0 < rn Lu 0 0 > 0 C) - "' . Q) 0 Q) UJ ' 0' CL, > 06 > od > 2 cl) cQ:L L U) _I -0 - >, P6 Q) (DI °lol= 06 E Lu, cr U) CD CL 0) 0- 1 CL 0;< 0 0 CC EL 0 Cr (1) OL co E U) C); U) 2 0 L) N 0 ca 16 a) 0 — E C: V) Lu E c: E c -0 > U) C M ca 1 .0 Q) (z 1 06 U) Z 0 j U < m D a- O. -0 Q, - - I U) < U- U) < C < U- 0- I I I i 1 1 1 0 U 1 1 i I On- 0 5.0 QUALIFICATIONS KFM Engineering, Inc. has assembled a Project Team which is knowledgeable and experienced in all aspects of the subject project. The Project Team structure is illustrated on Exhibit C on the following page. Personal resumes of the key team members identified are enclosed at the end of this proposal section. The Project Manager for the project will be Mr. Rick Kreuzer, P.E. Mr. Kreuzer is a Registered Civil Engineer in California with 17 years of civil engineering experience, including three years with the Orange County Environmental Management Agency as a construction inspector, one year as a Project Engineer for a major Orange County contractor and the last eleven years as a consultant. As the Project Manager, Mr. Kreuzer will have overall technical responsibility for the project and will be the client's primary contact. He will also have "hands -on" involvement in the day to day design of the project. His experience is well suited to this project, as summarized below: • 17+ years as a consultant with an emphasis in public works design. • Numerous storm drain, roadway widening, and reconstruction /rehabilitation projects completed for various cities in Orange County over the past seventeen years. • Extensive experience coordinating with utility companies. • 3 years with OCEMA as field inspector on public works projects. He has a strong understanding of the construction elements to be considered on a project of this type. Recent street improvement projects similar in nature to the subject project which Mr. Kreuzer has managed include: PROJECT CLIENT CONSTRUCTION COST Artesia Boulevard Buena Park $1,200,000 Fairview Road Costa Mesa $3,400,000 Yorba Linda Boulevard Placentia $1,200,000 Tustin Street Orange $1,100,000 Ortega Highway San Juan Capistrano $200,000 Del Obispo Road San Juan Capistrano $300,000 Katella Avenue Anaheim $18,000,000 MacArthur Boulevard Newport Beach $700,000 San Miguel Road Newport Beach $200,000 Taft Avenue Orange $1,500,000 m� IL a W m CL W z LL O a W t, L N O� t3 7� W_ U O F W� �w W J •� � d O F, W Z IL7 � JW WU y J � 7� W t� F 'N J� Q O Z d R, d �R 3 d� Q • w� Y V D �d oN U d 0 N W W N d H a 0 V co y a a • PROJECT CLIENT CONSTRUCTION COST Main Street Orange $850,000 Imperial Highway La Habra $30,000,000 Lincoln Avenue Anaheim $800,000 Lake Forest Drive OCPFRD $3,000,000 Beach Boulevard Huntington Beach $1,100,000 Avenido Pico San Clemente $400,000 Marguerite Parkway Mission Viejo $700,000 Annual Resurfacing Program 94 -95 Dana Point $500,000 Annual Resurfacing Program 94 -95 Dana Point $600,000 Annual Resurfacing Program 94 -95 San Juan Capistrano $600,000 Mr. Kreuzer will be assisted by Jeff Lund. His main area of expertise is in the design of street widening and rehabilitation projects. Mr. Lund served as the Project Engineer for the vast majority of the projects listed above. Mr. Lund's experience includes 8 years as a Design /Project Engineer. Prior to that, Mr. Lund served 5 years as a project inspector for the City of Santa Barbara where he was responsible for field inspectionloversight of all City roadway and storm drain improvement projects. Ed Miller, P.E. will be responsible for the design of the traffic elements of the project, including the development of striping and traffic control plans. Mr. Miller has 16 years of experience in transportationitraffic design. He also has extensive experience processing Federally funded projects through Caltrans. The field surveying for the project will be under the direction of Ted Krull, L.S. Mr. Krull serves as KFM's survey party chief. He is a Registered Land Surveyor in the State of California with over 22 years of professional experience. Arrowhead Mapping of San Bernardino will supply the aerial mapping for the project. They have worked extensively with KFM over the last 5 years. Steve Marvin, P.E. of Labelle -Marvin will oversee the pavement deflection study work on the project. Mr. Marvin is widely recognized as the leading authority regarding pavement analysis and engineering. Labelle -Marvin has worked on numerous projects with KFM in the past, including most of the projects mentioned herein. Brian Constant, P.E. of Constant and Dickey (CDI) will oversee the drilling and development of boring logs for the proposed storm drain alignment. CDI is currently working on multiple projects as a subconsultant to KFM. 0 CITY OF NEWPORT BEACH EXIHBITA BALBOA BLVD. fmm 12th to Medim FEE SCHEDULE TASK KFM STAFF (SV)' ($]M) Q�— SURYFff TOTAL KFA4 NHOURS I.IfMP SUM TOTAL 1. DATA COLLECTION 2. FIELD SURVEY $400 $1,475 $17250 S7,030 $1,475 $4.19 . 5 — --$2,155 53,375 8 9 8 ----4.2.., 9 — - Horizonml/Verfical Cmrol - Aerial Cmtrol 2 6 49 8 . Cross Sections & Grids 2 - Mm�nlwiw . ...... ... — - Surface Topography 24 12 25 - Subsurface hlfo�tim $3,260 — 3. AERIAL TOPOGRAPHIC MAPPING 4. BASE MAPPING 5. FIELD UVIEWS 4 8 9 12 24 36 20 16 52,820 $1.940 $17330 6. uTiLrry NWSTIGATION AND COORDINATION— 2 —8 6' 7. PAVEMENT DEFLECTION STUDY 4 --4 --88 975 — - Si 7,335 —S7,840 9. HYDROLOGY & HYDRAULIC STUDY -- 24 — - 46 —24 9. DEVELOP IMPROVEMENT STRATEGY 16 12 24— 124 - --4— 7 5'2,5-0--0 $4,720 52.960 5565 52,660 $23,230 10. STORM DRAIN GEOTECHNICAL BORINGS 11. FINAL P S & E 16 -- 274 90 — -Title Sheet (1) Do!wLs 2L Rmdmy Pin & Profile (8) 4 4 60 32 274 Storm Dmin Plan & Profilt B 28 64 48 12 140 28 $12,020 52 ,320 4 12 Striping Plans 2 12 12 26 $2,090 2.440 Cron Swims (24) 24 -- 48 --90 Specificatims 16 12 28 16 $2.860 $1.480 $2,860 -Cost Estimate --i- - 16 -12 12. PROJECT COORDINATIONk MEETINGS 13. FEDERAL PROCESSING & COMPLIANCE 4 16 12 32 $2,660 14 BIDDING & CONSTRUCTION SUPPORT 18 1 $1,560 AS-BUILT DRAWINGS 2 . .4 8 $1,130 16. REIM13URSABLES --i2�00:0 S200 TOTAL MANHOURS TOTAL COSTS . . - 246 $28.2 go 426 $36,210 40' 530,600 $16.660 8 $18 635 7 5128,355 LESS 10% ........................ $12.836 TOTALFEE ....................... $115,520 0 0 EXHIBIT B KFM ENGINEERING, INC. SCHEDULE OF HOURLY BILLING RATES Rates Effective through December 31, 2000 OFFICE PERSONNEL: Typists, Word Processors ........................ ..............................$ 30.00 /Hr. Technician .............................................. ............................... $ 45.00 /Hr. Design Engineers / CADD Operators ...... ............................... $ 70.00 /Hr. Project Engineers.. ................................... $ 85.00 /Hr. Project Managers ..................................... ..............................$ 115.00/Hr. FIELD PERSONNEL: Two -Man Survey Party, including Truck and Equipment..... Three -Man Survey Party, including Truck and Equipment..... SUPPORT $ MISCELLANEOUS COSTS: ....... ............................... $ 135.00/Hr. ........ ............................... $ 170.00 /Hr. C.A.D.D. Work Station / Plotter .................. ..............................$ 25.00 /Hr. Computer time .................................................... :.................. $ 16.00 /Hr. Telefax.................................................... ............................... $ 2.00 /Pg. Electronic Distance Measuring Equipment (E.D.M.) ...............$ 55.00 /Day Survey Trucks .......................................... ..............................$ 0.50 /Mile Other Vehicles ........................................ ............................... $ 0.30 /Mile Outside services and consultants are billed at direct costs plus 15 %. Blueprints, reproduction, messenger service, subsistence, travel and other expenses are billed at direct cost plus 10 %. Terms are net 30 days with 1' /z% per month interest charges. The above schedule is for straight time hours. qtr— �e —me1� LEl•El'7 ACORD CERTIFICATE JGF/DAVEY & LARSON INS. SERVICES 2402 MICHELSON DR., SUITE 120 IRVINE CA 92612 PHONE: 949 -662 -4900 FAX: 949.261.0535 _ Agency Lic INSURED KFM ENGINEERING, INC. 26632 TOWNE CENTRE DR. STE. 240 FOOTHILL RANCH, CA. 92610 'KALIIy-LTN3a LIABILITY INSURANCE " seP 25 00 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE COMPANIES AFFORDING COVERAGE A: AMERICAN MOTORISTS INS CO / PPIS_ E. GENERAL INS CO OF AMERICA/ INSIGHT C: E THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHEA 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 UMITS SHOWN MAY HAVE BEEN HEOUCED BY PAID CLAIMS, INS TYPE OF INSURANCE POLCY NUMBER POLICYE--E POLICr M.=f1l LIMITS GENERAL LwBIUTY X COMMERCIAL GENERAL LIABILITY I 7RS696938.00 MAR 18 00 MAR 18 01 EACH CCCURPENCE FIRE DAMAGF(MYOre RIO) 5 _ 1,000,000 5 100,000 I CLAIMS MADE 171 OCCUR IMED.EXP(AnYOna PWaoA) S 10,000 ' PERSONAL & ADV AWRY A ,S 1,000_000 .....1 ._ _.I S 2,(00,000 GENEHALAGGnMATE GEN'L AGGREGATE LIMIT APPUES PER: PRODUCTS-COMPIOP AGG. IS 2,000,000 POLICY 7 PROJECT F ILOC ' AUTOMOBILE LIABILITY ANY AUTO 7RS696938 -00 MAR III 00 MAR 18 Ot ' COMBINED SINGLE LIMIT I IEa accidcnN s 1000 DOD ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Pel Parton) S _ X X BODILY INJURY IPar acdd ') HIRED AUTOS NON -OWNED AUTOS S PROPERTY DAMAGE _____._._ . .............. ... ._....._�_._ S GARAGE LIABILITY AUTO ONLY - EA ACCIDENT S OTHER THAN EA ACC ANY AUTO 5 - S AUTO ONLY: AGG EXCESS UABIUTY EACH OCCURRENCE 9 OCCUR LIAIMS MADE AGGREGATE S DEDUCTIBLE S RETENTION S S A WORKERS COMPENSATION AND EMPLOY£AV LIABILITY 7CW286633.02 SEP100 SEP101 WC 5'lhTV OMER HYYHH .... - ......- EL EACH AOC)OENT S 1,000,000 SL DISEASE-EA EMPLOYEE is 1,000,000 5 1,000,DGO E.L. D19EA9E-POLICY LIMIT OTHER! PROFESSIONAL 7RS696938 -00 MAR 18 DO MAR 18 01 IPER CLAIM LIMIR 57,000,000 A LIABILITY PER AGGREGATE LIMIT $2,000.000 DEDUCTIBLE $5,000 DESCRIPTION OF OPERATIONS /LOCATIONSNEHICLES/SPECIAL ITEMS CERTIFICATE HOLDER, ITS ELECTED OFFICIALS, OFFICERS, AGENTS, REPRESENTATIVES AND EMPLOYEES ARE HEREBY ADDITIONALLY INSURED PER ATTACHED ENDORSEMENT WITH RE: TO BALBOA / NEWPORT BLVD. IMPROVEMENTS FROM 26TH TO 16TH AND BALBOA AVE. IMPROVEMENTS FROM 12TH TO MEDINA. WAIVER OF SUBROGATION FOR WORKERS' COMP IS ATTACHED. "EXCEPT FOR 10 DAYS NOTICE FOR CANCELLATION FOR NON - PAYMENT OF PREMIUM. ADDITIONAL CITY OF NEWPORT BEACH 3300 NEWPORT BLVD. P.O. BOX 1768 NEWPORT BEACH, CA. 92658 -8915 Attention: BILL PATAPOFF. CITY ENGINEER ACORO 25.5 (7/97) INSURER LETTER: Certificate 4 14124 ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE ION DATE THEREOF. THE ISSUING COMPANY WILL MAIL CO DAYS WRITTEN TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. SEP -29 -2000 IU:10 r•ac,' w icEMPER WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT -- CALIFORNIA (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 09/01/1999 Policy No. 7CW 286633 -01 Endorsement No. Insured Pren,iuni KFM ENGTNF.ERING INC rnsurancc Company AMERICAN MOTORISTS INSURANCE COMPANY Countersigned fey aMAL... Ica SCHEDULE Person or Organization Job Description ANYONE FOR WHOM `T 'E NAMED ''INSURED HAS AGREED TO FURNISH THIS WAIVER MINIMUM PREMIUM: $100 "1HE PREMIUM FOR THIS COVERAGE WILL BE DETERMINED AND BILLED AT AUDIT We have the right to recover our payments from anyone liable for an in;ury covered by this policy. We will not enforce our right against the person or oroaniza6on named in the Schedule. (This agreement appiies only to the extent that you perform work under a written contract that requdes you to obte!in this agreement from us.) You must maintain payroll records accurately segregating the rernuneradon of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shag be. 2.00% of the California workers compensation premium otherwise due on such remuneradon. THIS ENDORSEMENT CHANCES THE POLICY TO WHICH 11 IS ATTACHED AND IS EFFECTIVE ON THE DATE ISSUED UNLESS OTHERWISE STATED. WC 04 03 06 (Ed. 04 84) Printed in U.S.A. SEP -28 -2000 1U:IU KEMPER PREMIER ENDORSEMENT FOR ARCHITECTURE AND ENGINEERING FIRMS THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: 1. THE FOLLOWING IS ADDED TO THE BUSINESS OWNERS LIABILITY CCVERAGE FORM. BP 71 08: ADDITIONAL INSURED •- BY CONTRACT, AGREEMENT OR PERMIT CITY OF NEWPORT BEACH, ITS ELECTED OFFICIALS, OFFICERS, AGENTS, REPRESENTAIVES AND EMPLOYEES P.O. BOX 1763 NEWPORT BEACH, CA. 92658 -8915 Item S. of Section C, -WHO IS AN INSURED, is deleted and replaccd by the following: Any person or organi2alion (named above) to whom or to which you are ooliga[ed by vinue of a wrihen contract, agreement or permit to provide such insurance as afforded by this policy is an insured, but only with respect to liability arising out of: a. "Your work" for that insured by you, including work or operations performed on your behalf for that insured: b. Permits issued by state or political subdivision for operations performed by you: or c. Premises you own, rent, occupy or use. This provision does not apply unless the written contract or agreement has been executed, or the permit has been issued, prior to the "bodily injury," " properly damage,' "personal injury" or "advertising injury." This provision does not apply to any person or organii2pon included'as to insured under Atldilionat Insured - vendors. This insurenca is primary and is not additional to or contributing with tiny other insurance carried by or for the benehi of Additional Insureds. 2. Separation of Insureds: Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this policy to the first Named Insured, this insurance applies: As if each Named Insured were the only Named Insured: and Separately to each insured against whom claim is made or "suit' Is brought. Nothing herein contained shall vary, aller or extend any provision or condition of the Policy other than as above stated. NAMED INSURED: i KFM ENGINEERING, INC. - �OLIGY rJ O: 7RSG96938 -00 AMERICAN MOTORIST INSURANCE COMPANY r� Authorized Signature: DIANA COFWLL ISSUED: September 11, 2000 Notice of Cancellation 1. If we cancel this policy for any reason other than non-payment of prernium, we will mall written notice at least 30 days before the effective date of cancellation to the Additional Insureds on :ile with the Company 2. 11 we cancel this policy for non - payment of premium, we will mail written notice at least 10 days before the effective date of cancellation to the Additional Insureds on file with the Cornpany. cco_- �o_�gnq t CA: t q IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. r. u,- uv ACOF30 25 =5 (7/97) � I - � �- TOTAL P.04 SEP -21 -00 THU 08:23 AM FAX N0, P. 02/06 Q( CAL- SURANCE CERTIFICATE OF INSURANCE CHECKLIST CITY OF NEWPORT BEACH 0 THIS CHECKLIST IS COMPRISED OF REQUIREMENTS AS OUTLINED ABY THE CITY OF NEWPORT BEACH. DATE RECEIVED: D9 I J D DEPARTMENT /CONTACT RECEIVED FROM: DATE COMPLETED: i BO SENT TO: MWA BY: BEMJB COMPANY/PERSON REQUIRED TO HAVE CERTIFICATE: KFM "N6 -MA1 r GENERAL LIABILITY A. INSURANCE COMPANY: I_, S'1z; /". f�Q B. AM BEST RATING (A VII or o eater): i C. ADMITTED COMPANY: ( Must be California Admitted) Is company dn' d n California? Yes ✓ No_ D. LIMITS: (Must be $1,000,000 or.greater) What is limit provided? / E. PRODUCTS AND COMPLETED OPERATIONS: (Must Include) Is it i de ? Yes No F. ADDITIONAL INSURDED WORDING TO INCLUDE: (Thc City its o gents, o mployees and volunteers). Is it included'? Yes ✓ No G. PRIMARY AND NON CONTREgT --r ORY WORDING: (Must be i lu Is i clu . Yes ✓ No H. CAUTION! ( Confirm that loss or liability of the Named insure invited s e their egligenc Does endorsement include "solely by negligence" wording? Yz No I. NOTIFICATION OF CANCELLATION: Although there is sic that re ' s n n celladon b?' certified mail: per Lauren Farley the City will accept th a or wor A 11. AUTOMOBILE LIABILITY: A. INSURANCE COMPANY: B. AM BEST RATING (A VII or greater): C. ADMITTED COMPANY: (MUST BE CALIF MI'T'fED) Is eo y tied? Yes ✓ No _ D. LIMITS: ( Must be $1,000,000 minimum BI d $500,000 is provided? ( tL E. ADDITIONAL INSURED WORDINp TO ( NCLUDE: (The City it o agents, officials, empleyecs and volunteers). Is it included? Yes ✓ No F. PRIMARY AND NOW CONTRIBUTORY WORDING: (Must be i lot ). Is it included'? Yes ✓ No G. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail. per Lauren Farley the City will accept the endeavor wording. III. WORKERS COMPENSATION A. INSURANCE COMPANY: 80 GA B. AM BEST RATING (A VII or greater) t XV C. LM. TS: Stannory / D. WAVIER OF SUBROGATION: (To include). Is it included'? Yes_ No HAVE ALL ABOVE REQUIREMENTS BEEN MET? Yes No ✓ IF NO, WHICH ITEMS NEED TO BE COMPLETED? 5W13&Gaf11)11 AAJ 414kkk'91' APPROVED TO: Mayor and Members of the City Council FROM: Public Works Department September 26, 2000 CITY COUNCIL AGENDA ITEM NO. 9 SUBJECT: DESIGN OF IMPROVEMENTS ON BALBOA BOULEVARD FROM 12TH STREET TO MEDINA WAY AND ON NEWPORT / BALBOA BOULEVARD FROM 26TH STREET TO 16TH STREET, CONTRACT NO. 3373 - APPROVAL OF PROFESSIONAL SERVICES AGREEMENT RECOMMENDATION: Approve a Professional Services Agreement with KFM Engineering Inc., of Foothill Ranch, California, for professional engineering services for a contract price of $231,580. DISCUSSION: As part of the City's adopted FY 00 -01 Capital Improvement Program, staff invited five engineering firms to submit their proposals to provide engineering design services for the following two Arterial Highway Rehabilitation Program (AHRP) projects on the Peninsula: • Balboa Boulevard from 12th Street to Medina Way • Newport/Balboa Boulevard from 26th Street to 16th Street These projects are funded for construction in FY 01 -02 ($2,530,000) and FY 02 -03 ($2,120,000) respectively, through the federal AHRP and City Gas Tax Funds. The scope of the professional services will include survey, utility investigation and coordination, pavement studies, hydrology and hydraulic studies to design the drainage systems, striping plans, traffic control plans, street design, specifications, cost estimates, and federal processing of the contract documents through Caltrans. The project between 26th and 16th Streets will need to be coordinated with the underground utility district in the same area. Four firms responded to the City's request for proposals: • Berryman & Henigar • Huitt- Zollars • KFM Engineering • Van Dell SUBJECT: DESIGN OF IMPROV TS ON BALBOA BOULEVARD FROM 12" STR O MEDINA WAY AND ON NEWPORT /BALBOA 1 LEVARD FROM 26�" STREET TO 16T" STREET, TRACT NO. 3373 - APPROVAL OF PROFESSIONAL SERVICES AGREEMENT September 26, 2000 Page 2 Staff independently reviewed the firms' qualifications, past experience on similar projects, and availability, and ranked KFM Engineering, Inc., (KFM) the highest. Upon selection, staff negotiated with KFM to provide the necessary scope of services for a fee of $231,580. KFM has completed engineering services competently and professionally on similar projects for our City and other local agencies in Southern California. Funds for this project are available in the following accounts: Account Name Balboa Boulevard, 12th Street to Medina Way Balboa /Newport Boulevard, 26th to 16th Street Respectfully submitted, PUBLIC WORKS DEPARTMENT Don Webb, Director - r. By: : Bill Patapoff City Engineer Attachments: Project Location Map Professional Services Agreement Exhibit "A" Scope of Services Exhibit "B" Schedule of Hourly Billing Rates Account Number Amount 7181- C5100582 $115,520 7181- C5100593 $116,060 TOTAL $231,580 z 25 �� .�k os . NOT TO SCALE s10 NEWPORT & BALBOA BOULEVARDS 26TH STREET TO 16TH STREET BA1BOA B(Vp. h~ N SAN � N BALBOA BLVD. RECONSTRUCTION ",'CNT 12TH STREET TO MEDINA WAY BABOA BCVp BAY CNANNt2 A�r OCEIN y S y h ti ti H N � h PAprIC ° m x FRONTS Y SAN m > 3 2 Qy III NOT TO SCALE �7 • PROFESSIONAL SERVICES AGREEMENT FOR NEWPORT BOULEVARD FROM 26TH STREET TO 16TH STREET AND BALBOA BOULEVARD FROM 12TH STREET TO MEDINA WAY THIS AGREEMENT, entered into this day of , 2000, by and between CITY OF NEWPORT BEACH , a Municipal Corporation (hereinafter referred to as "City "), and KFM Engineering, Inc., whose address is 26632 Towne Centre Drive, Suite 240, Foothill Ranch, California, 92610, (hereinafter referred to as "Consultant'), is made with reference to the following: RECITALS A. City is a M r;cipal Corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City is planning to implement improvements to Newport Boulevard and Balboa Boulevard hereinafter referred to PROJECT. C. City desires to engage Consultant to provide professional engineering services for roadway rehabilitation and drainage system improvements on two Arterial Highway Rehabilitation Projects (AHRP): (1) Newport and Balboa Boulevards from 261' Street to 16th Street and (2) Balboa Boulevard from 12th Street to Medina Way upon the terms and conditions contained in -1- 0 0 this Agreement. D. The principal member for the Consultant for the purpose of this Project is Rick Kreuzer, P.E., President. E. City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant and desires to contract with Consultant under the terms of conditions provided in this Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM The term of this Agreement shall commence on the 26th day of September 2000, and shall terminate on the 30th day of September 2003, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Consultant shall diligently perform all the duties set forth in the scope of services, attached hereto as two Exhibit "A's" and incorporated herein by reference. 3. COMPENSATION TO CONSULTANT City shall pay Consultant for the services in accordance with the provisions of this Section and the scheduled billing rates set forth in Exhibit "B" attached hereto and incorporated herein by reference. No rate changes shall be made during the term of this Agreement without prior written approval of City. Consultant's compensation for all work performed in accordance with this Agreement shall not exceed the total contract price of two hundred thirty one thousand five hundred eighty dollars ($231,580). The segment on -2- r1 u Balboa Boulevard from 12th Street to Medina Way is $115,520 and the segment on Newport Boulevard from 26th Street to 16th Street is $116,060. 3.1 Consultant shall maintain accounting records of its billings which includes the name of the employee, type of work performed, times and dates of all work which is billed on an hourly basis and all approved incidental expenses including reproductions, computer printing, postage and mileage. 3.2 Consultant shall submit monthly invoices to City payable by City within thirty (30) days of receipt of invoice subject to the approval of City. 3.3 Consultant shall not receive any compensation for extra work without prior written authorization of City. Any authorized compensation shall be paid in accordance with the schedule of the billing rates as set forth in Exhibit 'B ". 3.4 City shall reimburse Consultant only for those costs or expenses which have been specifically approved in this Agreement, or specifically approved in advance by City. Such cost shall be limited and shall include nothing more than the following costs incurred by Consultant: A. The actual costs of subconsultants for performance of any of the services which Consultant agrees to render pursuant to this Agreement which have been approved in advance by City and awarded in accordance with the terms and conditions of this Agreement. B. Approved computer data processing and reproduction charges. C. Actual costs and /or other costs and /or payments specifically authorized in advance in writing and incurred by Consultant in the performance of this Agreement. -3- 0 0 4. STANDARD OF CARE 4.1 All of the services shall be performed by Consultant or under Consultant's supervision. Consultant represents that it possesses the professional and technical personnel required to perform the services required by this Agreement and that it will perform all services in a manner commensurate with the community professional standards. All services shall be performed by qualified and experienced personnel who are not employed by City nor have any contractual relationship with City. Consultant represents and warrants to City that it has or shall obtain all licenses, permits, qualifications and approvals required of its profession. Consultant further represents and warrants that it shall keep in effect all such licenses, permits and other approvals during the term of this Agreement. 4.2 Consultant shall not be responsible for delay, nor snail Consultant be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, or acts of God, or the failure of City to furnish timely information or to approve or disapprove Consultant's work promptly, or delay or faulty performance by City, contractors, or governmental agencies, or any other delays beyond Consultant's control or without Consultant's fault. 5. INDEPENDENT PARTIES City retains Consultant on an independent contractor basis and Consultant is not an employee of City. The manner and means of conducting the work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. Nothing in this Agreement shall be deemed to constitute Consultant or any of Consultant's employees or agents to be the agents or I_! 0 0 employees of City. Consultant shall have the responsibility for and control over the details in means of performing the work provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement which may appear to give City the right to direct Consultant as to the details of the performance of the services or to exercise a measure of control over Consultant shall mean that Consultant shall follow the desires of City only in the results of the services. 6. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated Project Administrator, and any other agencies which may have jurisdiction or interest in the work to be performed. City agrees to cooperate with Consultant on Project. 7. PROJECT MANAGER Consultant shall assign Project to a- Rroject Manager, who shall coordinate all phases of Project. This Project Manager shall be available to City at all reasonable times during term of Project. Consultant has designated Rick Kreuzer, P.E. to be its Project Manager. Consultant shall not bill any personnel to Project other than those personnel identified in Exhibit "B ", whether or not considered to be key personnel, without City's prior written approval by name and specific hourly billing rate. Consultant shall not remove or reassign any personnel designated in this Section or assign any new or replacement person to Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to removal or assignment of non -key personnel. Consultant, at the sole discretion of City, shall remove from Project any of its personnel assigned to the performance of services upon written request of City. Consultant warrants it will continuously furnish the necessary personnel to complete -5- 0 0 Project on a timely basis as contemplated by this Agreement. 8. TIME OF PERFORMANCE Time is of the essence in the performance of the services under this Agreement and the services shall be performed by Consultant in accordance with the schedule specified below. The failure by Consultant to strictly adhere to the schedule may result in termination of this Agreement by City, and the assessment of damages against Consultant for delay. Notwithstanding the foregoing, Consultant shall not be responsible for delays which are due to causes beyond Consultant's reasonable control. However, in the case of any such delay in the services to be provided for Project, each party hereby agrees to provide notice to the other party so that all delays can be addressed. 8.1 Consultant shall submit all requests for extensions of time for performance in writing to the Proj— Adminisiraiot not later than ten (10) calendar days after the start of the condition, which purportedly causes a delay, and not later than the date upon which performance is due. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays, which are beyond Consultant's control. 8.2 For all time periods not specifically set forth herein, Consultant shall respond in the most expedient and appropriate manner under the circumstances, by either telephone, fax, hand delivery or mail. 9. CITY POLICY Consultant will discuss and review all matters relating to policy and project direction with the Project Administrator in advance of all critical decision points in order to ensure that the Project proceeds in a manner consistent with City goals and policies. in • i 10. CONFORMANCE TO APPLICABLE REQUIREMENT All work prepared by Consultant shall conform to applicable city, county, state and federal law, regulations and permit requirements and be subject to approval of the Project Administrator and City Council. 11. PROGRESS Consultant is responsible to keep the Project Administrator and /or his /her duly authorized designee informed on a regular basis regarding the status and progress of the work, activities performed and planned, and any meetings that have been scheduled or are desired. 12. HOLD HARMLESS Consultant shall indemnify, defend, save and hold harmless City, its City Council, boards and commissions -officers and employees from and against 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 negligent acts or omissions of Consultant, its employees, agents or subcontractors in the performance of services or work conducted or performed pursuant to this Agreement, excepting only the active negligence or willful misconduct of City, its officers or employees, and shall include attorneys' fees and all other costs incurred in defending any such claim. Nothing in this indemnity shall be construed as authorizing, any award of attorneys' fees in any action on or to enforce the terms of this Agreement. 13. INSURANCE Without limiting consultant's indemnification of City, and prior to commencement of -7- 0 • work, Consultant shall obtain and provide and maintain at its own expense during the term of this Agreement policy or policies of liability insurance of the type and amounts described below and satisfactory to City. Certification of all required policies shall be signed by a person authorized by that insurer to bind coverage on its behalf and must be filed with City prior to exercising any right or performing any work pursuant to this Agreement. Except workers compensation and errors and omissions, all insurance policies shall add City, its elected officials, officers, agents, representatives and employees as additional insured for all liability arising from Consultant's services as described herein. All insurance policies shall be issued by an insurance company certified to do business in the State of California, with original endorsements, with Best's A- VII or better carriers, uniess otherwise approved by City Risk Manager. A. Worker's compensation insurance covering all employees and principals of Consultant, per the laws of the State of California. B. Commercial general liability insurance covering third party liability risks, including without limitation, contractual liability, in a minimum amount of $1 million combined single limit per occurrence for bodily injury, personal injury and property damage. If commercial general liability insurance or other form with a general aggregate is used, either the general aggregate shall apply separately to this Project, or the general aggregate limit shall be twice the occurrence limit. C. Commercial auto liability and property insurance covering any owned and rented vehicles of Consultant in a minimum amount of $1 million combined 11:1 • i single limit per accident for bodily injury and property damage. D. Professional errors and omissions insurance which covers the services to be performed in connection with this Agreement in the minimum amount of one million Dollars ($1,000,000). Said policy or policies shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days' prior notice has been given in writing to City. Consultant shall give City prompt and timely notice of claim made or suit instituted arising out of Consultant's operation hereunder. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. Consultant agrees that in the event of loss due to any of the perils for which it has agreed to provide comprehensive general and automotive fiaouity -insurahce;- that Consultant shall look solely to its insurance for recovery. Consultant hereby grants to City, on behalf of any insurer providing comprehensive general and automotive liability insurance to either Consultant or City with respect to the services of Consultant herein, a waiver of any right of subrogation which any such insurer of said Consultant may acquire against City by virtue of the payment of any loss under such insurance. 14. PROHIBITION AGAINST TRAN:)FERS Consultant shall not assign, sublease, ;hypothecate or transfer this Agreement or any of the services to be performed under this Agreement, directly or indirectly, by operation of law or otherwise without prior written consent of City. Any attempt to do so without consent of City shall be null and void. The sale, assignment, transfer or other disposition of any of the issued and M outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or co- tenant if Consultant is a partnership or joint- venture or syndicate or co- tenancy, which shall result in changing the control of Consultant, shall be construed as an assignment of this Agreement. Control means fifty percent (50 %) or more of the voting power, or twenty -five percent (25 %) or more of the assets of the corporation, partnership or joint- venture. 15. OWNERSHIP OF DOCUMENTS Each and every report, draft, work product, map, record and other document reproduced, prepared or caused to be prepared by Consultant pursuant to or in connection with this Agreement shall be the exclusive property of City. Documents, including drawings and specifications, prepared by Consultant pursuant to this Agreement are not intended or repre -spnted.to he gdtable for reuse by City or others on any other project. Any use of completed documents for other projects and any use of incomplete documents without specific written authorization from Consultant will be at City's sole risk and without liability to Consultant. Further, any and all liability arising out of changes made to Consultant's deliverables under this Agreement by City or persons other than Consultant is waived as against Consultant and City assumes full responsibility for such changes unless City has given Consultant prior notice and has received from Consultant written consent for such changes. Consultant shall, at such time and in such forms as City may require, furnish reports concerning the status of services required under this Agreement. 16. CONFIDENTIALITY The information, which results from the services in this Agreement, is to be kept -10- 0 confidential unless the release of information is authorized by City. 17. CITY'S RESPONSIBILITIES In order to assist Consultant in the execution of his responsibilities under this Agreement, City agrees to provide the following: A. City will provide access to and upon request of Consultant, provide one copy of all existing record information on file at City and will provide all such materials in a timely manner so as not to cause delays in Consultant's work schedule. B. Provide blueprinting, copying and other services through City's reproduction company for each of the required submittals. Consultant will be required to coordinate the required submittals with City's reproduction company. All other reproduction wiu oe -the respansibiiiiy of Consultant and as defined above. 18. ADMINISTRATION This Agreement will be administered by the Public Works Department. Bill Patapoff, City Engineer shall be considered the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator or his /her authorized representative shall represent City in all matters pertaining to the services to be rendered pursuant to this Agreement. 19. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement. All such records shall be -11- 0 0 clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit and make transcripts or copies of such records. Consultant shall allow inspection of all work, data, documents, proceedings and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 20. WITHHOLDINGS City may withhold payment of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Consultant shall not discontinue work for a period of thirty (30) days from the date of withholding as a result of such withholding. Consultant shall have an immediate right to appeal to the City Manager or his designee wile c6pect to suck disputed sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of seven percent (7 %) per annum from the date of withholding of any amounts found to have been improperly withheld. 21. ERRORS AND OMISSIONS In the event of errors or omissions that are due to the negligence or professional inexperience of Consultant which result in expense to City greater than would have resulted if there were not errors or omissions in the work accomplished by Consultant, the additional design, construction and /or a restoration expense shall be borne by Consultant. Nothing in this paragraph is intended to limit City's rights under any other sections of this Agreement. 22. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other consultants in connection with Project. -12- 0 0 23. CONFLICTS OF INTEREST A. Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act "), which (1) requires such persons to disclose financial interest that may foreseeably be materially affected by the work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. B. If subject to the Act, Consultant shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for termination of this Agreement by City. Consultant shall indemnify and hold harmless City for any and all claims for darnages resulting from Consultant's violation ur iris Section. 24. SUBCONSULTANT AND ASSIGNMENT Except as specifically authorized under this Agreement, the services included in this Agreement shall not be assigned, transferred, contracted or subcontracted without prior written approval of City. 25. NOTICES All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively 'shall be deemed served when delivered personally or on the third business day after the deposit thereof in the United States mail, postage prepaid, first class mail, addressed as hereinafter provided. -13- 0 All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: Bill Patapoff, City Engineer City of Newport Beach 3300 Newport Boulevard P. O. Box 1768 Newport Beach, CA, 92658 -8915 (949) 644 -3311 Fax (949) 644 -3318 All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: Attention: Rick Kreuzer, P.E. President KFM Engineereing, Inc. 26632 Towne Centre Drive, Suite 240 Foothill Ranch, CA 92610 (949) 580 -3838 Fax (949) 580 -3837 -- 26. TERMINATION In the event either part hereto fails or refuses to perform any of the provisions hereof at the time and in the manner required hereunder, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) days, or if more than two (2) days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) days after receipt by defaulting party from the other party of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the nondefaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. -14- 0 0 26.1 City shall have the option, at its sole discretion and without cause, of terminating this Agreement by giving seven (7) days' prior written notice to Consultant as provided herein. Upon termination of this Agreement, City shall pay to Consultant that portion of compensation specified in this Agreement that is earned and unpaid prior to the effective date of termination. 27. COMPLIANCES Consultant shall comply with all laws, state or federal and all ordinances, rules and regulations enacted or issued by City. 28. WAIVER A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition too iained herein �vv'nether of the same or a different character. 29. INTEGRATED CONTRACT This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions hereon, Any modification of this Agreement will be effective only by written execution signed by both City and Consultant. 30. OPINION OF COST Any opinion of the construction cost prepared by Consultant represents his /her judgment as a design professional and is supplied for the general guidance of City. Since Consultant has no control over the cost of labor and material, or over competitive bidding -15- or market conditions, Consultant does not guarantee the accuracy of such opinions as compared to contractor bids or actual cost to City. 31. COMPUTER DELIVERABLES CADD data delivered to City shall include the professional stamp of the engineer in responsible charge of the work. City agrees that Consultant shall not be liable for claims, liabilities or losses arising out of, or connected with (a) the modification or misuse by City, or anyone authorized by City, of CADD data; (b) the decline of accuracy or readability of CADD data due to inappropriate storage conditions or duration; or (c) any use by City, or anyone authorized by City, of CADD data for additions to this Project, for the completion of this Project by others, or for any other project, excepting only such use as is authorized, in writing, by Consultant. By acceptance of CADD data, City agrees to indemnify Consultant for damage and liability resu!ting from the modification or misuse of such CADD data. All drawings shall be transmitted to the City in Auto Cad version 14 in ".dwg" file format. All written documents shall be transmitted to the City in Microsoft Word 97 and Microsoft Excel 97 and be consistent with Microsoft Office 97. 32. PATENT INDEMNITY Consultant shall indemnify City, its agents, officers, representatives and employees against liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in Consultant's drawings and specifications provided under this Agreement. -16- IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. APPROVED AS TO FORM: By: Robin Clauson Assistant City Attorney ATTEST: By: LaVonne Hainiess City Clerk CITY OF NEWPORT BEACH A Municipal Corporation in Mayor City of Newport Beach CONSULTANT By: Rick Kreuzer, P.E. President f. \users\pbw\shared\agreements \fy 00- 01 \kfm- balboa & medina way ahrp.doc -17- • K FM • E Nc I N EER IN C,. INC. Xu T 1 AliG 2 9 August 28, 2000 Mr. Bill Patapoff, P.E. City of Newport Beach Public Works Department 3300 Newport Boulevard Newport Beach, CA 92658 RE: Revised Proposal for Professional Engineering Services for Newport / Balboa Boulevard from 26th Street to 16th Street. Dear Mr. Patapoff: KFM appreciates the opportunity to submit this proposal. We believe we are very well qualified for the subject project, having completed numerous roadway rehabilitation projects under the AHRP program over the last three years. Our proposal is formatted as follows: Section 1.0 Project Overview -- -- Section 2.0 Scope of Work Section 3.0 Manhour Allocation Section 4.0 Schedule Section 5.0 Qualifications Per the request of the RFP, we have enclosed our proposed fee in a separate sealed envelope. Once again we appreciate the opportunity to be of further service to the City of Newport Beach. If you have any questions regarding this proposal, please do not hesitate to give me a call. Res Ily submitted: Rick Kreuzer, P.E. President 2663? Tovrne Centre Drive • Suite 240 • Foothill Ranch • California • 92610 Ph: 949.580.3838 Fax: 949.580.3837 10 9 1.0 PROJECT OVERVIEW The City of Newport Beach has solicited proposals for the design of improvements to Newport Boulevard from 26th to 215` Street and to Balboa Boulevard from 215` to 16U Street. The improvements will include the rehabilitation I reconstruction of the roadway and the construction of drainage systems. Parkway improvements in the form of new curb and gutter, sidewalk, and access ramps will be implemented, as warranted. In preparation of this proposal, KFM has: • Collected all as -built drawings for the project • Conducted a thorough field review of the project and developed a comprehensive photo log to document existing site conditions. • Collected and reviewed City drainage atlas sheets for the project area. • Obtained and reviewed the Pavement Report for Newport Boulevard from 19th Street to 26th Street, prepared by OCPFRD. • Discussed the project with City staff. • Discussed the project with Steve Marvin of Labelle Marvin. We believe these research efforts have given us a good understanding of the project requirements and the key issues, as summarized below, which we believe will need to be addressed for successful completion of the oroiect. KEYISSUES INNOVATIVE REHABILITATION STRATEGIES Innovative, cost effective solutions to improve the condition of the Newport and Balboa Boulevard roadway sections will be our primary focus. As stated, the County of Orange has completed a Pavement Report for the section of the project between 19`h and 26`" street. This report calls for a combination of removals and grinding followed by A.C. deeplift sections (for those areas removed) and a final 0.15 Asphalt Rubber Hot Mix (ARHM) cap. A 0.15' Tire Modified Asphalt Concrete (TMAC) is also proposed as an alternative to the 0.15' ARHM cap. KFM will be utilizing the services of Labelle Marvin (LM) for the preparation of a Pavement Report for the remaining section of the project along Balboa Boulevard from 19th to 16th Street. Additionally, LM will be reviewing the County data and recommendations for the 26th to 19th segment and proposing additional strategies for consideration. 0 In order to arrive at a preferred rehabilitation strategy, two primary design elements need to be considered. These elements are discussed on the following page. •: Vertical Considerations — Many times the rehabilitation strategy which appears to be the most cost effective solution at the onset does not result in the best long term solution. As an example, a roadway which is in fair to poor condition may require a thicker overlay on the order of 3 to 4 inches. While this approach may result in the best unit price rehabilitation strategy, it may also result in much steeper roadway crossfalls and /or an irregular roadway cross slope condition, neither of which results in a road with good rideability. This is particularly important when you have a project which, like the project at hand, consists of fairly irregular cross fall conditions and defined edge conditions (curb and gutter both sides). This example serves to point out the critical interrelationship between pavement improvement strategies and the vertical design component of a project. In other words, a perfectly applicable solution, from a pavement improvement perspective, may not be feasible if the vertical design criteria for the project cannot be satisfied. KFM and Labelle Marvin understand this critical interrelationship, having completed an excess of 20 roadway rehabilitation projects together over the last 5 years. We will work very closely on this project to develop the very best strategy for improvement of Newport / Balboa Boulevard. A specific concern with respect to the vertical design of the roadway will be the drainage conditions at the east end of the project between 18th and 16th Street. As evidenced in the photograph below, there are four inlets which are in the center of the eastbound travelway. During the design process, it will be imperative to reconstruct the crossfall of the roadway in these areas to get the runoff to flow to the sides of the street and keep the travelway as dry as possible. Once again, KFM will work closely with Labelle Marvin to "marry" this vertical design issue to the proposed pavement improvement strategies. Budget — Another important tool to obtaining the best improvement strategies for a project is knowing the construction budget for a project. This "sets the bar' for us and gives us a target number to improve upon. 0 9 In summary, we cannot emphasize enough that the development of innovative and cost effective improvement strategies are very much a collaborative effort between the engineer and pavement specialists. KFM and Labelle Marvin bring this close working relationship as well as a wealth of roadway rehabilitation design experience to the subject project. DRAINAGE Currently, the project area is drained by a network of inlets and pipes which outfall to the Bay at five locations, summarized as follows: • 30 inch CMP in 26th Street • 15 inch RCP in 21st Street • 24 inch PVC in 19th Street • 12 inch ACP in 18th Street • 18 inch CAP in 15th Street. Although outside the project limits, this outfall pipe drains the project via a 12 inch CMP in Balboa Boulevard from 19`h Street to the east. Improvement to the drainage system will be! a critical component of the project. Improper roadway drainage is one of the leading contributors to the degradation of a roadway surface. It will be KFM's charge to improve the drainage situation in the project area. This will be accomplished by upgrariintg existing lnderground and/ or constructing new underground systems, including new inlets to get the surface run -off out of the travelway and to its outfall to the Bay as efficiently as possible. KFM will accomplish this by completing a comprehensive Hydrology and Hydraulic study which will determine the needed improvements. The scope of work for this study is described in detail in Section 2.0 of this proposal. CROSS SECTIONING As evidenced by the preceding discussion, the vertical design component of this project is a very key consideration. In Newport and Balboa Boulevards, we have roadways which are relatively irregular with respect to crossfalls. Based upon our field review, we believe it is imperative to obtain existing cross sections at a tighter than normal interval. We are proposing to cross section the entire project at 25 foot intervals. Moreover, KFM will also obtain grid elevations at all intersections to insure that the project drains properly and that all ponding areas are eliminated. The attainment of complete and thorough survey information regarding the existing vertical condition of the roadway will be critical to the development of a plan package that will not result in "field fitting" during construction. PROJECT ADMINISTRATION This project is partly funded with AHRP funds. The AHRP program is subject to Federal guidelines which are administered by Caltrans District 12. KFM Engineering is currently processing 6 projects through this program. We understand the plan format requirements and administrative aspects which are required for Federal projects. Further, we enjoy a very good working relationship with the Caltrans Local Programs Administrator for the City of Newport Beach, Mr. Talib Aziz. Mr. Aziz can attest to KFM's knowledge regarding the AHRP and Federal funding process as a whole. • w UTILITY COORDINATION Utility coordination is a very important aspect of any project. KFM employs a very comprehensive and detailed approach to coordinating with utility agencies. PROJECT MANAGEMENT No project is successful without effective project management. KFM engineering was founded on the philosophy of providing hands -on, experienced, proactive project management on all projects. This project will be no exception. Our proposed Project Manager, Rick Kreuzer, has 17 years of design and project management experience. He will not only be involved with project management and oversight, but will also be involved in day to day design of the project. We strongly encourage the City of Newport Beach to contact any of our client references cited herein regarding Mr. Kreuzer's and the balance of KFM Teams' performance on past projects. • 2.0 SCOPE OF WORK Task 1— Data Collection 0 KFM shall collect and review all record information including, but not necessarily limited to, the following: • As -built drawings * • Utility record drawings • Right -of -way record maps • Assessors parcel maps' • Benchmark information • Centerline intersection ties • Drainage Index Maps * • County Materials Report ' * denotes information already gathered by KFM in preparation of this proposal. Task 2 — Field Survey Field survey work shall consist of the following subtasks: ♦ Horizontal/Vertical Tie in centerline monumentation and run bench loop. ♦ Aerial Control Set aerial targets and tie -in to horizontal / vertical control. ♦ Cross Sections Survey cross sections will be taken at 25 foot intervals for the entire project stretch. Elevations shall be obtained at centerline, lane lines, grade breaks, lip of gutter, flowline, top of curb and at existing right -of -way. ♦ Monumentation Locate existing centerline monumentation and reset with temporary points, as required. ♦ Surface Topography Locations /elevations will be picked up for all existing site features (manholes, valves, pedestals, signs, etc.) within the proposed right -of -way. This information will supplement the aerial base sheets. ♦ Subsurface Information Sewer manholes and storm drain inlets, catch basins and manholes will be dipped to obtain accurate invert elevations. This as -built information will be critical to avoiding utility conflicts during construction. 0 0 Task 3 — Aerial Topographic Mapping Aerial topographic mapping will be completed at 1 " =20' scale for the subject project. Mapping will extend to a minimum of 20 feet beyond the roadway right -of -way. Contours will be depicted at 1 foot intervals. All surface features such as manholes, valves, vaults and the like will be depicted. Task 4 — Base Mapping Aerial mapping will be downloaded into KFM's CADD system. Utilizing information obtained under Tasks 1 through 3, KFM will plot all property lines, street right -of -way lines, and underground utility lines. Task 5 — Field Reviews The value of conducting thorough field reviews on a project cannot be underestimated. KFM believes very strongly in walking our projects in the field throughout the base mapping and design stages of a project to insure all design issues are considered. This task will be particularly important on the subject project due to the variety of conditions which exist within the project limits. Thorough field reviews will be conducted by the KFM project team throughout the duration of the project. Task 6 — Utility Investigation and Coordination Utility coordination will be ongoing throughout the duration of this project and will consist of the following tasks: ♦ Obtain plans showing location and size of all utility lines and appurtenances within the project area. ♦ Plot utility lines on Base Map (Task 4). ♦ Cross check plotted locations above with field review information to insure that existing lines are shown in the proper location. Request potholing from utility companies, as warranted. ♦ Upon finalizing the proposed roadway improvements, determine where potential utility conflicts exist and where utility modifications are warranted. ♦ Coordinate with affected utility companies regarding conflicts, relocations and improvements. Two (2) full sets of plans will be submitted for comment to each utility agency concurrent with all KFM submittals to the City for plan check. All correspondence with utility companies will be sent via certified mail. Task 7— Pavement Deflection Study Labelle Marvin will complete a Pavement Deflection Study for the section of Balboa Boulevard between 19P Street and 16'h Street to determine the required roadway improvement alternatives. This task will involve the following: • Non - destructive pavement deflection data shall be gathered from each traveled lane such that three sensor readings are recorded at each test location at select intervals. 0 0 Labelle Marvin, Inc., shall provide Road Rater, operator, recorder and traffic control as necessary, to protect the traveling public and work force. • During deflection testing operations, notes of visual pavement conditions and /or distress, cross streets, presence or absence of curb and gutter, and other such observations shall be logged. • Field data collected shall be returned to the Labelle Marvin office for processing through their computer. This processing shall produce a typed tabulation of all data and field notes thereon, which locate the intersections of cross streets, pertinent landmarks, field conditions, etc. The tabulation shall include the reading of three Road Rater sensors, as well as the conversion of Road Rater Sensor Number One to an equivalent Traveling Deflectometer unit. • An engineering review of test data to isolate or separate limits of similar deflection response for statistical summary of data (providing the 80th percentile deflection) shall be made. • Prior to field sampling operations, Underground Service Alert will be notified, all test locations marked, and a meeting held, if requested, with concerned utilities to relocate test sites as necessary. • Coring and boring of the in -site roadway materials shall be performed at a total of 12 locations to determine pavement thicknesses and to obtain subgrade materials for further analysis. These corings will be taken to a depth of 3 to 4 feet. All sample locations will be backfilled and patched. Labelle Marvin shall provide traffic control during sampling operations. • The in -place moisture content of the subgrade soil samples removed at each location shall be determined. Individual or composite samples of subgrade material which typify the materials encountered shall be selected and subjected to R -Value testing for replacement section design. • Using the traffic indices provided by the City and existing pavement thickness information determined during current or previous coring operations, the 80th percentile deflection response shall then be compared to known pavement models. This comparison shall produce overlay requirements for a select design period in accordance with Caltrans Test Method Number 356, and a service life reading (Nominal Service Life) for the roadways studied. • A Registered Civil Engineer shall supervise all operations, review all completed data and incorporate results of deflection testing and pavement conditions. Engineered recommendations for alternate methods of pavement rehabilitation based upon deflections and materials analysis shall be provided. Task 8 — Hydrology and Hydraulic Study The specific methodology KFM Engineering will implement to complete the hydrology and hydraulic report for the subject project will consist of a series of steps, summarized as follows: Step 1 Collect all existing as -built drawings, index maps, and hydrology /hydraulic reports on file for the project area. Step 2 Conduct a thorough field review to verify drainage boundaries, identify overland flow direction and to verify existing pick -up points, including both on -site (within public R/W) and off -site (private property) catchment points (i.e., inlets, catch basins). Step 3 Prepare a hydrology map for the existing drainage system. Hydrology calculations will be prepared for a 10 and 25 year storm event using AES -RATOC software. 10 and 25 year flows will be shown at all major confluence locations as well as the outfalls to the Bay. Step 4 Complete hydraulic calculations for the existing storm drain system for the 10 and 25 year flows. Calculations will be computed using WSPG software. This step will serve to verify the existing drainage system deficiencies. Step 5 Prepare preliminary layout of proposed drainage system improvements, including proposed catch basin locations. Step 6 Prepare a hydrology map for the proposed drainage system identified under Step 5. Complete hydrology calculations (10/25 year) including catch basin /inlet hydrology. Step 7 Complete mainline and catch basin hydraulic calculations to determine if the proposed system improvements satisfy the City's street flooded width criteria. Step 8 Modify the proposed system improvements, as required, and complete steps 5 through 7, until the hydraulic criteria are satisfied. The result of Task 8 will be a Hydrology and Hydraulics Report which will be formatted as follows: 1.0 INTRODUCTION 2.0 STUDY OBJECTIVE 3.0 METHODOLOGY 4.0 EXISTING CONDITIONS 5.0 SYSTEM DEFICIENCIES 6.0 PROPOSEDIMPROVEMENTS Appendix A - Existing System Hydrology Map and Calculations Appendix B - Existing System Hydraulic Calculations Appendix C - Proposed System Hydrology Map and Calculations Appendix D - Proposed System Mainline Hydraulic Calculations Appendix E - Proposed System Catch Basin Sizing and Street Flooded Width Calculations This document will be processed along with the Final PS &E for City approval. Task 9 — Develop Improvement Strategy The objective of this task is to formulate the improvement strategy for the project prior to proceeding with final design. The improvement alternatives, along with the corresponding 0 E construction estimates, will be presented to City staff for the purpose of identifying the preferred strategy for implementation. Based upon the alternatives identified in the Labelle Marvin report (Task 7) and the Hydrology and Hydraulic Study (Task 8), in conjunction with our thorough field reviews, KFM will present a series (probably on the order of three options) of alternatives for treatment of the roadway and storm drain system. With respect to roadway rehabilitation, these alternatives will consider options such as traditional overlay; ARHM overlay; pulverize in- place /cement street/surface overlay; use of geotextile fabrics and grids; SAMI; TMAC; and various combinations thereof. Cost estimates will be developed to accompany each option presented to the City along with our recommendation for the "optimum" treatment with due consideration given to the budgeting elements of the project. The drainage improvement scenarios will consist of various rerouting /upsizing of existing pipes (if necessary) and new storm drain line connections. Task 10 — Geotechnical Boring Logs for Storm Drain Alignment Based upon the final proposed storm drain alignment, KFM shall utilize the services of Constant and Dickey (CDI) to perform geotechnical borings. These borings will be drilled to a depth of 10 feet. A log of borings will be developed to classify the subsurface materials encountered and to identify the depth of groundwater. This information will be included in the project specifications for the contractors use in prepartion of the project bid. These borings will be no further apart than 500 feet. We have assumed that 5 borings will be-.- taken for this project. Task 11— Final PS &E Based upon the approved strategy resulting from Task 9, KFM will complete the construction bid documents in the form of finals plans, specifications and estimates (PS &E). We envision the following plan set: Description # Sheets • Title Sheet ........................................................ ..............................1 • Typical Sections ............................................... ..............................1 • Details .............................................................. ..............................2 • Roadway Plan & Profile .................................... ..............................7 • Storm Drain Plan & Profile ................................ ..............................7 • Lateral Profiles ................................................. ..............................1 • Striping Plans ................................................... ..............................4 • Traffic Control ................................................... ..............................4 • Cross Sections ................................................ .............................23 TOTAL .......................... 50 Sheets Roadway plan and profile sheets will be prepared at 1 " =20' horizontal and 1 " =2' vertical scale. The plans will depict all proposed roadway improvements, including the necessary removal /replacement of existing curb and clutter to correct existing drainage deficiencies. Replacement of traffic loops and inclusion of all required ADA improvements and new sidewalk (if desired by City) will be depicted on these drawings. Also any required median modifications 0 will be included. Profiles will be shown for centerline /crown line, and north and south lips of gutters. Any grade breaks within the roadway cross section will also be addressed. Storm drain plan and profile will be prepared at 1 " =20' horizontal and 1 " =2' vertical scale. Lateral profiles will be depicted on a separate sheet. Striping plans will be completed at 1 " =20' scale in double plan format. Traffic control plans will be prepared at 1 " =20' in double plan format for the "mixed master" area only. Traffic control plans for all other areas of the project will be the contractors responsibility. Cross sections will be prepared at 25 foot intervals at a scale of 1 " =10' horizontal and 1 " =1' vertical. All existing and proposed elevations and street crossfalls will be shown. All plans will be prepared using AutoCAD 14. Specifications will be prepared in conformance with City of Newport Beach format. Quantities and cost estimates shall be completed for the project and submitted with the plans along with all project submittals. Cost estimates will be segmented to conform with the funding programs for the project. Task 12 — Project Coordination and Meetings KFM shall provide all necessary coordination activities and attend all project related meetings T for-the duration of the project. No additional compensation will be reouested by KFM, regardless of the number of meetings. Task 13 — Federal Processing and Compliance This project is partially funded under the Arterial Highway Rehabilitation Program (AHRP), a program which is Federally funded and administered by OCTA with technical oversight responsibilities resting with Caltrans Local Programs staff. KFM shall complete the project PS &E in conformance with the guidelines for Federally funded projects contained in the Caltrans Local Programs Manual and the "Reengineering" circular dated July 1, 1995. Items of work under this task include: • Conducting field reviews with Caltrans, as required. • Certifying PS &E compliance. • Conducting any required meetings with Caltrans to assure Federal and State compliance. • Obtaining all necessary permits required for the project. • Obtaining FNM -76 approval for the project. In order to award a contract for construction of the project, the City must receive FNM -76 approval from Caltrans. This FNM -76 approval is obtained by submitting the bid documents and supporting forms to the Caltrans local representative which are then reviewed and subsequently approved, at which time the project can be advertised for construction bids. All necessary work required to obtain this approval is included in our scope of work. 9 KFM has completed the design and obtained F-NM -76 approval for 14 AHRP projects for various Orange County municipalities in the last 3 years. Task 14 — Bidding and Construction Support This task shall include provision of bid addenda and /or plan clarifications, as well as attendance at the project preconstruction meeting and other pertinent meetings. KFM shall also be available to City staff during the construction period to answer questions and provide clarification to plan and specification issues, as needed. Task 15 — As -Built Drawings Upon completion of construction, KFM shall complete as -built drawings for the project. One hard copy set of plans (mylar), along with digital files will be delivered to the City upon completion. Task 16 — Reimbursables KFM shall provide all reimbursables (mileage, printing, plotting, etc.) for the duration of the project, excluding bid set reproduction which will be the responsibility of the City of Newport Beach. 3.0 MANHOUR ALLOCATION LL Exhibit A below summarizes the manhours, by task, estimated to complete the scope of work outlined in Section 2.0 of this proposal. CITY OF NEWPORT REACH NEWPORT/BALBOA BLVD. Item 26th to 16th MANHOUR ALLOCATION EXHIBIT A TASK KFM STAFF TOTAL KFU -I k1ANHOURE SUBSL.TOTAL PM -:L MV�E I. -6- OLL6C—T1-0N------ . XI�A —C 2-F-2'- _M=CA-DD 4 4 2. FIELD SURVEY - HoriwntalfVeflical Control 1 8 8 =4 9 9 9 -Aerial Contrd 2 6�=8 -Cross Sections & Grids 10 42 42 - Mmun�ation I - Surfacer h 24 25 25 - Subsurface Information 1 12 13 13 3. AERIAL TOPOGRAPHIC MAPPING --- ]— —3-0 —3.1 4. BASE MAPPING 7- —8 36 — 36 5. FIELD REVIEWS 8 12 --24 20 20 6. UTILITY INVESTIGATION AND COORDINATION 2 8 6 16 16 7. PAVEMENT DEFLECTION STUDY 4 4 110 114 8. HYDROLOGY & HYDRAULIC STUDY 24 40 24 ---j---T2 9. DEVELOP IMPROVEMENT STRATEGY —fg'— —24 52 10, STORM DRAIN GEOTECHNICAL BORINGS 4 1 4 36 --40 11. FINAL P S & E -Title Sheet (1) 1 C 2 4 7 -Typical Swims (1) 4 16 12 32 32 - Details(2) 4 52 52 - Roadway Plan & Profile (7) 56 k28 112 252 252 ..... .. - Stom Drain Plan & Proffic (7) ..84 56 132 132 - Latcml Profiles (1) 4 12 --48 12 28 28 -Stn ping Plans (4) 2 12 12 26 26 - Toffic Control Plans (4) 4 16 32 1 52 52 -Cross Sections (23) 23 46 90 149 149 -Specifications 16 12 28 28 -Cost Estimate 4 12 16 16 12. PROJECT COORDINATION & MEETINGS 16 127 28 28 13. FEDERAL PROCESSING& COMPLIANCE 4 16 12 32 32 14. BIDDING & CONSTRUCTION SUPPORT 4 9 6 18 18 15. AS-BUILTDRAWINGS 2 A 8 14 14 16. REIMBURSABLES NIA TOTAL MAN] IOURS 1 245 4261 428 98 1197 176 1373 0 0 4.0 SCHEDULE The project schedule is depicted graphically on Exhibit B on the following page. This schedule has been developed based upon an assumed start date of September 5, 2000 and an assumed agency review duration of five days each for the 50% and final reviews and a review duration of 10 days for the 100% design review. Significant project milestones are summarized as follows: Notice to Proceed ........................ ............................... September 26, 2000 Submit PS &E for 50% Design Review ......................... December 12, 2000 Submit PS &E for 100% Design Review .. .........................January 16, 2001 Submit PS &E for Final Review ....... ............................... February 13, 2001 PS &E Approved; Project Complete ............................... February 27, 2001 11 d 7 a ar t m° N r Y ,a � X O wa O Z v 0 0 • �o mco� cW ^ N m W oz N Q 0 2 � Z Q O 0 U V U O W O N n . O� xAH 0 0 ti 0 - 0 co N� N O Lo O O O 0 c U,' 0 O fW/1 0 N • �o mco� cW ^ N m W oz N Q 0 2 � Z Q O 0 U V U O W O N n . O� xAH O- - 0 co N� N O Lo N 0 0 0 0 U,' 0 ago m � � a 0 3 3 O N Oa s m > N > > ° Cc a �c _ > Uzw O Un ° �°- co o U o n N E p a ° U a> o 3 ° 3 a 3= N o W `n d N r 'd L- >` o — Z as n a c a— 06 o¢ a o¢� a> o oc o O7_�� U r' L) -° as .� ° N a - o > 'o d > m E -0 C w E C m > E C ro m W a25 d Z a LL Q m D d 2 0 ii in Q ii in Q fr in Q ii V H bA Lr G� 6� bA 9 8 0 0 5.0 QUALIFICATIONS KFM Engineering, Inc. has assembled a Project Team which is knowledgeable and experienced in all aspects of the subject project. The Project Team structure is illustrated on Exhibit C on the following page. Personal resumes of the key team members identified are enclosed at the end of this proposal section. The Project Manager for the project will be Mr. Rick Kreuzer, P.E. Mr. Kreuzer is a Registered Civil Engineer in California with 17 years of cavil engineering experience, including three years with the Orange County Environmental Management Agency as a construction inspector, one year as a Project Engineer for a major Orange County contractor and the last eleven years as a consultant. As the Project Manager, Mr. Kreuzer will have overall technical responsibility for the project and will be the client's primary contact. He will also have "hands -on" involvement in the day to day design of the project. His experience is well suited to this project, as summarized below: • 17+ years as a consultant with an emphasis in public works design. • Numerous storm drain, roadway widening, and reconstruction /rehabilitation projects completed for various cities in Orange County over the past seventeen years. • Extensive experience coordinating with utility companies. • 3 years with OCEMA as field inspector on public works projects. He has a strong understanding of the construction elements to be considered on a project of this type. Recent street improvement projects similar in nature to the subject project which Mr. Kreuzer has managed include: PROJECT CLIENT CONSTRUCTION COST Artesia Boulevard Buena Park $1,200,000 Fairview Road Costa Mesa $3,400,000 Yorba Linda Boulevard Placentia $1,200,000 Tustin Street Orange $1,100,000 Ortega Highway Sari Juan Capistrano $200,000 Del Obispo Road Sari Juan Capistrano $300,000 Katella Avenue Anaheim $18,000,000 MacArthur Boulevard Newport Beach $700,000 San Miguel Road Newport Beach $200,000 Taft Avenue Orange $1,500,000 a W F V x��d Y Q W m Q 3 W Z IL O 0 W IL d CCn d O W_ U V� W j, N � d � W W W J S G� W N 01 Z 'N O A W IL WU 2 4 H! ,� j W � N 9 o Z ;; C.) V q cd W m � � H w ou Z CQ d L d C P�R Ul E d 3 N a� U 01 w O 01 Aw Y. H N t L 0 N d U N Qd F PROJECT CLIENT CONSTRUCTION COST Main Street Orange $850,000 Imperial Highway La Habra $30,000,000 Lincoln Avenue Anaheim $800,000 Lake Forest Drive OCPFRD $3,000,000 Beach Boulevard Huntington Beach $1,100,000 Avenido Pico Sari Clemente $400,000 Marguerite Parkway Mission Viejo $700,000 Annual Resurfacing Program 94 -95 Dana Point $500,000 Annual Resurfacing Program 94 -95 Dana Point $600,000 Annual Resurfacing Program 94 -95 Sari Juan Capistrano $600,000 Mr. Kreuzer will be assisted by Jeff Lund. His main area of expertise is in the design of street widening and rehabilitation projects. Mr. Lund served as the Project Engineer for the vast majority of the projects listed above. Mr. Lund's experience includes 8 years as a Design /Project Engineer. Prior to that, Mr. Lund served 5 years as a project inspector for the City of Santa Barbara where he was rsrarislble for fie:J Inspection /oversight of all City roadway and storm drain improvement projects. Ed Miller, P.E. will be responsible for the design of the traffic elements of the project, including the development of striping and traffic control plans. Mr. Miller has 16 years of experience in transportation /traffic design. He also has extensive experience processing Federally funded projects through Caltrans. The field surveying for the project will be under the direction of Ted Krull, L.S. Mr. Krull serves as KFM's survey party chief. He is a Registered Land Surveyor in the State of California with over 22 years of professional experience. Arrowhead Mapping of San Bernardino will supply the aerial mapping for the project. They have worked extensively with KFM over the last 5 years. Steve Marvin, P.E. of Labelle -Marvin will oversee the pavement deflection study work on the project. Mr. Marvin is widely recognized as the leading authority regarding pavement analysis and engineering. Labelle -Marvin has worked on numerous projects with KFM in the past, including most of the projects mentioned herein. Brian Constant, P.E. of Constant and Dickey (CDI) will oversee the drilling and development of boring logs for the proposed storm drain alignment. CDI is currently working on multiple projects as a subconsultant to KFM. e 0 CITY OF NEWPORT BEACH NEWPORT/BALBOA BLVD. from 26th to 16(h FEESCHEDULE EXHIBIT TASK KFM STAFF TOTAL KFXf WNHOURS LUMP sum TOTAL (vIS) PM ($85) PE (570) ADD (5170) Y 1. DATA COLLECTION 2 2 4 00 2. FIELD SURVEY - HorizonWIVertical Control 1 9 9 51,475 -Aerial Control 2 __-___ 6 8 51,250 -Cross Sections & Grids 2 40 42 S7,032 - mmumentation 1- 9 SI.475 - Surface Topography 1 24 $4,195 - Subsurface lnrormalion 12 -25--- 13 $2.155 3. AERIAL TOPOGRAPHIC MAPPING I 1 $3,150 53,265 4, BASE MAPPING ... .... S. FIELD REVIEWS 4 8 8 12 24 36 20 52,820 51,940 6. UTILITY INVESTIGATION AND COORDINATION 2 8 6 16 S1,330 7 PAVEMENT DEFLECTION STUDY 4 510,300 S10,760 8. HYDROLOGY & HYDRAULIC STUDY 46 24 S7,840 9. DEVELOP IMPROVEMENT STRATEGY 16 24 12 .-88 . .. ..... $4,720 ID. STORM DRAIN GEOTEC14NICAL BORINGS 4 52,300 52.960 11, FINAL P S & E -Title Sheaf i (1) --2 - 7 S565 -T ical Seuions (1) 4 16 12 32 $2,660 - Details(2) 4 241 24 52 $4,180 - Roadway Plan & Profile (7) 56 84 112 252 $21,420 - Storm Drain Plan Profile (7) 28 56 56 48 132 $11,340 - Lateral Profiles (1) 4 12 12 28 1 $2,320 - Striping Plans (4) 2 12 12 32 26 $2,090 - Tmffic Control Plans (4) 4 --16 52 $4,060 - Crow Sections(23) 23 46 90 149 $12,155 -S cifications 16 4 12 12 28 $2,860 $1,480 -Cost Eslimtc 16 12. PROJECT COORDINATION & MEETINGS 16 12 28 $2,860 13. FEDERAL PROCESSING & COMPMANCE 4 16 12 31 $2,660 14. BIDDING & CONSTRUCT)ON SUPPORT 4 8 6 _ 18 $1,560 15, AS -BUILT DRAWINGS 2 4 1 8 14 S1,130 16. REIMBURSA13LES 1 $2,000 $2,000 TOTAL MANHOURS TOTAL COSTS 245 $28,175 426 $36,210 428 $32,100 99 $16,660 1197 $17,950 $128,955 LESS 10% ........................... $12,896 TOTAL FEE ..... ....... . ...... - $116,060 0 0 EXHIBIT B KFM ENGINEERING, INC. SCHEDULE OF HOURLY BILLING RATES Rates Effective through December 31, 2000 OFFICE PERSONNEL: Typists, Word Processors ........................ ..............................$ 30.00 /Hr. Technician ............................................... ..............................$ 45.00 /Hr. Design Engineers / CADD Operators ....... ..............................$ 70.00 /Hr. Project Engineers ..................................... ..............................$ 85.00 /Hr. Project Managers ..................................... ..............................$ 115.00/Hr. FIELD PERSONNEL: Two -Man Survey Party, including Truck and Equipment... Three -Man Survey Party, .n-_! :ding Tr..c ; -_; d Equipment... ..... ............................... $ 135.00/Hr. ........... ..............................$ 170.00 /Hr. SUPPORT & MISCELLANEOUS COSTS: C.A.D.D. Work Station / Plotter .................. ..............................$ 25.00 /Hr. Computer time ........................................ ............................... $ 16.00 11-1r. Telefax..................................................... ..............................$ 2.00 /Pg. Electronic Distance Measuring Equipment (E.D.M.) ...............$ 55.00 /Day Survey Trucks. r ........ I ....... I ....... ............ r ........... r ......... $ 0.50 /Mile Other Vehicles ........................................ ............................... $ 0.30 /Mile Outside services and consultants are billed at direct costs plus 15 %. Blueprints, reproduction, messenger service, subsistence, travel and other expenses are billed at direct cost plus 10 %. Terms are net 30 days with 1'/2% per month interest charges. The above schedule is for straight time hours. � KFM � l 9 F-K" 13tT "P,, August 28, 2000 Mr. Bill Patapoff, P.E. City of Newport Beach Public Works Department 3300 Newport Boulevard Newport Beach, CA 92658 RE: Revised Proposal for Professional Engineering Services for Balboa Boulevard Improvements from 12`h Street to Medina Way. Dear Mr. Patapoff: KFM appreciates the opportunity to submit this proposal. We believe we are very well qualified for the subject project, having completed numerous roadway rehabilitation projects under the AHRP program over the last three years. Our proposal is formatted as follows: SECTION 1.0 ............PROJECT OVERVIEW — - SECTION 2.0 ............SCOPE OF WORK SECTION 3.0 ............MANHOUR ALLOCATION SECTION 4.0 ............SCHEDULE SECTION 5.0 ............ QUALIFICATIONS Per the requirements of the RFP, we have enclosed our proposed fee in a separate sealed envelope. Once again, we appreciate the opportunity to be of further service to the City of Newport Beach. If you have any questions regarding this proposal or require additional information, please do not hesitate to give me a call. Respectfully submitted: Rick Kreuzer, P.E. President 266.',2 Tj % %ne Centre Dave • Suite 240 - FoothiN Ranch • Caiiforr•ia • 92610 Ph: 949.580.3838 Far: 949.580.3837 11 1.0 PROJECT OVERVIEW • The City of Newport Beach has solicited proposals for the design of improvements to Balboa Boulevard from 12th Street to Medina Way. The improvements will include the rehabilitation /reconstruction of the roadway and the construction of drainage systems. Parkway improvements in the form of new curb and gutter, sidewalk, and access ramps will be implemented, as warranted. In preparation of this proposal, KFM has: • Collected all as -built drawings for the project. • Conducted a thorough field review of the project and developed a comprehensive photo log to document existing site conditions. • Collected and reviewed City drainage atlas sheets for the project area. • Discussed the project with City staff. • Discussed the project with Steve Marvin of Labelle Marvin. _ We believe these research efforts have given us a good understanding of the project requirements and the key issues, as summarized below, which we believe will need to be addressed for successful completion of the project. KEYISSUES INNOVATIVE REHABILITATION STRATEGIES Innovative, cost effective solutions to improve the condition of the Balboa Boulevard roadway section will be our primary focus. KFM will be utilizing the services of Labelle Marvin (LM) for the preparation of a Pavement Report for the project. In order to arrive at a preferred rehabilitation strategy, two primary design elements need to be considered, summarized as follows: :• Vertical Considerations — Many times the rehabilitation strategy which appears to be the most cost effective solution at the onset does not result in the best long term solution. As an example, a roadway which is in fair to poor condition may require a thicker overlay on the order of 3 to 4 inches. While this approach may result in the best unit price rehabilitation strategy, it may also result in much steeper roadway crossfalls and /or an irregular roadway cross slope condition, neither of which results in a road with good rideability. This is particularly important when you have a project which, like the project at hand, consists of fairly irregular cross fall conditions and defined edge conditions (curb and gutter both sides and raised medians in the center). This example serves to 0 0 point out the critical interrelationship between pavement improvement strategies and the vertical design component of a project. In other words, a perfectly applicable solution, from a pavement improvement perspective, may not be feasible if the vertical design criteria for the project cannot be satisfied. KFM and Labelle Marvin understand this critical interrelationship, having completed an excess of 20 roadway rehabilitation projects together over the last 5 years. We will work very closely on this project to develop the very best strategy for improvement of Balboa Boulevard. A specific concern with respect to the vertical design of the roadway is that a large portion of the subject project area drains to the raised median area in the center of the road where it is picked up by inlets in the median. This condition is depicted in the photographs below: During the design process, KFM will investigate the potential for reconfiguring the crossfall of the roadway to drain entirely (or primarily) toward the sides where there is more room available to accommodate flooding in the street and to relieve flooding in the #1 lanes adjacent to the median. Once again, KFM will work closely with Labelle Marvin to "marry' this vertical design issue to the proposed pavement improvement strategies. Budget — Another important tool to obtaining the best improvement strategies for a project is knowing the construction budget for a project. This "sets the bar" for us and gives us a target number to improve upon. In summary, we cannot emphasize enough that the development of innovative and cost effective improvement strategies are very much a collaborative effort between the engineer and pavement specialists. KFM and Labelle Marvin bring this close working relationship as well as a wealth of roadway rehabilitation design experience to the subject project. DRAINAGE Currently, the project area is drained by a network of inlets and pipes which outfall to the Bay at two locations, summarized as follows: • 12 inch CAP in 11'h Street • 18 inch CAP in 10`h Street Improvement to the drainage system will be a critical component of the project. Improper roadway drainage is one of the leading contributors to the degradation of a roadway surface. It will be KFM's charge to improve the drainage situation in the project area. This will be accomplished by upgrading existing underground and/ or constructing new underground systems, including new inlets to get the surface run -off out of the travelway and to its outfall to the Bay as efficiently as possible. KFM will accomplish this by completing a comprehensive Hydrology and Hydraulic study which will determine the needed improvements. The scope of work for this study is described in detail in Section 2.0 of this proposal. CROSS SECTIONING As evidenced by the preceding discussion, the vertical design component of this project is a very key consideration. Balboa Boulevard is a roadway which has a relatively irregular crossfall condition. Based upon our field review, we believe it is imperative to obtain existing cross sections at a tighter than normal interval. We are proposing to cross section the entire project at 25 foot intervals. Moreover, KFM will also obtain grid elevations at all intersections to insure that the project drains properly and that all ponding areas are eliminated. The attainment of complete and thorough survey information regarding the existing vertical condition of the roadway will be critical to the development of a plan package that will not result in "field fitting" during construction. PROJECT ADMINISTRATION This project is partly funded with AHRP funds. The AHRP program is subject to Federal guidelines which are administered by Caltrans District 12. KFM Engineering is currently processing 6 projects through this program. We understand the plan format requirements and administrative aspects which are required for Federal projects. Further, we enjoy a very good working relationship with the Caltrans Local Programs Administrator for the City of Newport Beach, Mr. Talib Aziz. Mr. Aziz can attest to KFM's knowledge regarding the AHRP and Federal funding process as a whole. UTILITY COORDINATION Utility coordination is a very important aspect of any project. KFM employs a very comprehensive and detailed approach to coordinating with utility agencies. PROJECT MANAGEMENT No project is successful without effective project management. KFM engineering was founded on the philosophy of providing hands -on, experienced, proactive project management on all projects. This project will be no exception. Our proposed Project Manager, Rick Kreuzer, has 17 years of design and project management experience. He will not only be involved with project management and oversight, but will also be involved in day to day design of the project. We strongly encourage the City of Newport Beach to contact any of our client references cited herein regarding Mr. Kreuzer's and the balance of KFM Teams' performance on past projects. 2.0 SCOPE OF WORK Task 1— Data Collection C KFM shall collect and review all record information including, but not necessarily limited to, the following: • As -built drawings' • Utility record drawings • Right -of -way record maps' • Assessors parcel maps " • Benchmark information • Centerline intersection ties • Drainage Index Maps * * denotes information already gathered by KFM in preparation of this proposal. Task 2 — Field Survey Field survey work shall consist of the following subtasks: ♦ Horizontal/Vertical Tie in centerline monumentation and run bench loop. ♦ Aerial Control Set aerial targets and tie -in to horizontal i vertical control. ♦ Cross Sections Survey cross sections will be taken at 25 foot intervals for the entire project stretch. Elevations shall be obtained at centerline, lane lines, grade breaks, lip of gutter, flowline, top of curb and at existing right -of -way. ♦ Monumentation Locate existing centerline monumentation and reset with temporary points, as required. ♦ Surface Topography Locationslelevations will be picked up for all existing site features (manholes, valves, pedestals, signs, etc.) within the proposed right -of -way. This information will supplement the aerial base sheets. ♦ Subsurface Information Sewer manholes and storm drain inlets, catch basins and manholes will be dipped to obtain accurate invert elevations. This as -built information will be critical to avoiding utility conflicts during construction. Task 3 — Aerial Topographic Mapping Aerial topographic mapping will be completed at V =20' scale for the subject project. Mapping will extend to a minimum of 20 feet beyond the roadway right -of -way. Contours will be depicted at 1 foot intervals. All surface features such as manholes, valves, vaults and the like will be depicted. Task 4 — Base Mapping Aerial mapping will be downloaded into KFM's CADD system. Utilizing information obtained under Tasks 1 through 3, KFM will plot all property lines, street right -of -way lines, and underground utility lines. Task 5 — Field Reviews The value of conducting thorough field reviews on a project cannot be underestimated. KFM believes very strongly in walking our projects in the field throughout the base mapping and design stages of a project to insure all design issues are considered. This task will be particularly important on the subject project due to the variety of conditions which exist within the project limits. Thorough field reviews will be conducted by the KFM project team throughout the duration of the project. Task 6 — Utility Investigation and Coordination Utility coordination will be ongoing throughout the duration of this project and will consist of the following tasks: ♦ Obtain plans showing location and size of all utility lines and appurtenances within the project area. ♦ Plot utility lines on Base Map (Task 4). ♦ Cross check plotted locations above with field review information to insure that existing lines are shown in the proper location. Request potholing from utility companies, as warranted. ♦ Upon finalizing the proposed roadway improvements, determine where potential utility conflicts exist and where utility modifications are warranted. ♦ Coordinate with affected utility companies regarding conflicts, relocations and improvements. Two (2) full sets of plans will be submitted for comment to each utility agency concurrent with all KFM submittals to the City for plan check. All correspondence with utility companies will be sent via certified mail. Task 7— Pavement Deflection Study Labelle Marvin will complete a Pavement Deflection Study for the section of Balboa Boulevard between 12`h Street and Median Way to determine the required roadway improvement alternatives. This task will involve the following: • Non - destructive pavement deflection data shall be gathered from each traveled lane such that three sensor readings are recorded at each test location at select intervals. • • Labelle Marvin, Inc., shall provide Road Rater, operator, recorder and traffic control as necessary, to protect the traveling public and work force. • During deflection testing operations, notes of visual pavement conditions and /or. distress, cross streets, presence or absence of curb and gutter, and other such observations shall be logged. Field data collected shall be returned to the Labelle Marvin office for processing through their computer. This processing shall produce a typed tabulation of all data and field notes thereon, which locate the intersections of cross streets, pertinent landmarks, field conditions, etc. The tabulation shall include the reading of three Road Rater sensors, as well as the conversion of Road Rater Sensor Number One to an equivalent Traveling Deflectometer unit. • An engineering review of test data to isolate or separate limits of similar deflection response for statistical summary of data (providing the 80th percentile deflection) shall be made. • Prior to field sampling operations, Underground Service Alert will be notified, all test locations marked, and a meeting held, if requested, with concerned utilities to relocate test sites as necessary. • Coring and boring of the in -site roadway materials shall be performed at a total of 12 locations to determine pavement thicknesses and to obtain subgrade materials for further analysis. These corings will be taken to a depth of 30 feet.All sample locations will be backfilled and patched. Labelle Marvin shall provide traffic control during sampling operations. • The in -place moisture content of the subgrade soil samples removed at each location shall be determined. Individual or composite samples of subgrade material which typify the materials encountered shall be selected and subjected to R -Value testing for replacement section design. • Using the traffic indices provided by the City and existing pavement thickness information determined during current or previous coring operations, the 80th percentile deflection response shall then be compared to known pavement models. This comparison shall produce overlay requirements for a select design period in accordance with Caltrans Test Method Number 356, and a service life reading (Nominal Service Life) for the roadways studied. A Registered Civil Engineer shall supervise all operations, review all completed data and incorporate results of deflection testing and pavement conditions. Engineered recommendations for alternate methods of pavement rehabilitation based upon deflections and materials analysis shall be provided. Task 8 — Hydrology and Hydraulic Study The specific methodology KFM Engineering will implement to complete the hydrology and hydraulic report for the subject project will consist of a series of steps, summarized as follows: Step 1 Collect all existing as -built drawings, index maps, and hydrology /hydraulic reports on file for the project area. Step 2 Conduct a thorough field review to verify drainage boundaries, identify overland flow direction and to verify existing pick -up points, including both on -site (within public RPN) and off -site (private property) catchment points (i.e., inlets, catch basins). Step 3 Prepare a hydrology map for the existing drainage system. Hydrology calculations will be prepared for a 10 and 25 year storm event using AES -RATOC software. 10 and 25 year flows will be shown at all major confluence locations as well as the outfalls to the Bay. Step 4 Complete hydraulic calculations for the existing storm drain system for the 10 and 25 year flows. Calculations will be computed using WSPG software. This step will serve to verify the existing drainage system deficiencies. Step 5 Prepare preliminary layout of proposed drainage system improvements, including proposed catch basin locations. Step 6 Prepare a hydrology map for the proposed drainage system identified under Step 5. Complete hydrology calculations (10/25 year) including catch basin /inlet hydrology. Step 7 Complete mainline and catch basin hydraulic calculations to determine if the proposed system improvements satisfy the City's street flooded width criteria. Step 8 Modify the proposed system improvements, as required, and complete steps 5 through 7, until the hydraulic criteria are satisfied. The result of Task 8 will be a Hydrology and Hydraulics Reoort which will be formatted as follows: 1.0 INTRODUCTION 2.0 STUDY OBJECTIVE 3.0 METHODOLOGY 4.0 EXISTING CONDITIONS 5.0 SYSTEM DEFICIENCIES 6.0 PROPOSEDIMPROVEMENTS Appendix A - Existing System Hydrology Map and Calculations Appendix B - Existing System Hydraulic Calculations Appendix C - Proposed System Hydrology Map and Calculations Appendix D - Proposed System Mainline Hydraulic Calculations Appendix E - Proposed System Catch Basin Sizing and Street Flooded Width Calculations This document will be processed along with the Final PS &E for City approval. Task 9 — Develop Improvement Strategy The objective of this task is to formulate the improvement strategy for the project prior to proceeding with final design. The improvement alternatives, along with the corresponding construction estimates, will be presented to City staff for the purpose of identifying the preferred strategy for implementation. Based upon the alternatives identified in the Labelle Marvin report (Task 7) and the Hydrology. and Hydraulic Study (Task 8), in conjunction with our thorough field reviews, KFM will present a series (probably on the order of three options) of alternatives for treatment of the roadway and storm drain system. With respect to roadway rehabilitation, these alternatives will consider options such as traditional overlay; ARHM overlay; pulverize in- place /cement streetisurface overlay; use of geotextile fabrics and grids; SAM[; TMAC; and various combinations thereof. Cost estimates will be developed to accompany each option presented to the City along with our recommendation for the "optimum" treatment with due consideration given to the budgeting elements of the project. The drainage improvement scenarios will consist of various rerouting /upsizing of existing pipes (if necessary) and new storm drain line connections. Task 10 — Geotechnical Boring Logs for Storm Drain Alignment Based upon the final proposed storm drain alignment, KFM shall utilize the services of Constant and Dickey (CDI) to perform geotechnical borings. These borings will be drilled to a depth of 10 feet. A log of borings will be developed to classify the subsurface materials encountered and to identify the depth of groundwater. This information will be included in the project specifications for the contractors use in prepartion of the project bid. These borings will be no further apart than 500 feet. We have assumed that 5 borings will be taken for this project. Task 11— Final PS &E Based upon the approved strategy resulting from Task 9, KFM will complete the construction bid documents in the form of finals plans, specifications and estimates (PS &E). We envision the following plan set: Description • Title Sheet ........................ • Typical Sections ............... • Details .............................. • Roadway Plan & Profile.... • Storm Drain Plan & Profile • Lateral Profiles ................. • Striping Plans ................... • Cross Sections.. . .............. # Sheets TOTAL .......................... 49 Sheets Roadway plan and profile sheets will be prepared at 1 " =20' horizontal and 1" =2' vertical scale. The plans will depict all proposed roadway improvements, including the necessary removal /replacement of existing curb and gutter to correct existing drainage deficiencies. Replacement of traffic loops and inclusion of all required ADA improvements and new sidewalk (if desired by City) will be depicted on these drawings. Profiles will be shown for centerline /crown line, and north and south lips of gutters. Any grade breaks within the roadway cross section will also be addressed. 9 0 Storm drain plan and profile will be prepared at 1 " =20' horizontal and 1 " =2' vertical scale. Lateral profiles will be depicted on a separate sheet. Striping plans will be completed at V =20' scale in double plan format. Cross sections will be prepared at 25 foot intervals at a scale of V =10' horizontal and V =1' vertical. All existing and proposed elevations and street crossfalls will be shown. All plans will be prepared using AutoCAD 14. Specifications will be prepared in conformance with City of Newport Beach format. Quantities and cost estimates shall be completed for the project and submitted with the plans along with all project submittals. Cost estimates will be segmented to conform with the funding programs for the project. Task 12 — Project Coordination and Meetings KFM shall provide all necessary coordination activities and attend all project related meetings for the duration of the project. No additional compensation will be requested by KFM, regardless of the number of meetings. Task 13 — Federal Processing and Compliance This project is partially funded under the Arterial Highway Rehabilitation Program (AHRP), a program which is Federally funded and administered by OCTA with technical oversight responsibilities resting with Caltrans Local Programs staff. KFM shall complete the project PS &E in conformance with the guidelines for Federally funded projects contained in the Caltrans Local Programs Manual and the "Reengineering" circular dated July 1, 1995. Items of work under this task include: • Conducting field reviews with Caltrans, as required. • Certifying PS &E compliance. • Conducting any required meetings with Caltrans to assure Federal and State compliance. • Obtaining all necessary permits required for the project. • Obtaining FNM -76 approval for the project. In order to award a contract for construction of the project, the City must receive FNM -76 approval from Caltrans. This FNM -76 approval is obtained by submitting the bid documents and supporting forms to the Caltrans local representative which are then reviewed and subsequently approved, at which time the project can be advertised for construction bids. All necessary work required to obtain this approval is included in our scope of work. KFM has completed the design and obtained FNM -76 approval for 14 AHRP projects for various Orange County municipalities in the last 3 years. 0 Task 14 — Bidding and Construction Support This task shall include provision of bid addenda and /or plan clarifications, as well as attendance at the project preconstruction meeting and other pertinent meetings. KFM shall also be . available to City staff during the construction period to answer questions and provide clarification to plan and specification issues, as needed. Task 15 — As -Built Drawings Upon completion of construction, KFM shall complete as -built drawings for the project. One hard copy set of plans (mylar), along with digital files will be delivered to the City upon completion. Task 16 — Reimbursables KFM shall provide all reimbursables (mileage, printing, plotting, etc.) for the duration of the project, excluding bid set reproduction which will be the responsibility of the City of Newport Beach. 0 0 3.0 MANHOUR ALLOCATION Exhibit A below summarizes the manhours, by task, estimated to complete the scope of work outlined in Section 2.0 of this proposal. CITY OF NEWPORT BEACH BALBOA BLVD. from 12th to Medina MANHOUR ALLOCATION EXHIBIT TASK KFM STAFF TOTAL KFM &IANHOURS SUBS. TOTAL PM CAQD SURVEY 1. DATA COLLECTION.__ OLLECTION 2 2 4 4 2. FIELD SURVEY - Horizmwl/Vertiw] Control 9 -Aerial Control -Cross Sections & Gfids 2 6 8 8 2 40 42 42 - Mm ntaljm I - Surface Topography 1 24 25 25 - Subsurface Information 1 12 13 13 3. AERIAL TOPOGRAPHIC MAPPING I 1 32 33 4. BASE MAPPING 5. FIELD REVIEWS 4 i ......... 8 IT 24 36 20 36 20 6. UTILJTY 114VESTIGATION AND COORDINATION 2 8 6 I(F 16 7. PAVEMENT DEFLECTION STUDY 4 4 110 114 8. HYDROLOGY & HYDRAULIC STUDY N 40 24 88 88 —52 9. DEVELOP IMPROVEMENT STRATEGY 16 4 24 12 52 10. STORM DRAIN GEOTECHNICAL BORINGS 36 40 11. FINAL P S & E -Title 1 2 4 7 -Typical Sections 1) 4 16 12 T27- 52 -Details (2) 4 24 24 52 52 124 274 - Storm Drain Plea & Profile (8) _60 28 64 48 140 140 - Lateml Profile (1) 4 28 28 - Striping Plans (4) 2 12 12 26 26 -Cron Seoims(24) 24 49 80 152 152 -Sp"ificalims 16 12 28 29 -Cost Eslj=te 4 12 16 16 12. PROJECT COORDINATION & MEETINGS 16 12 28 28 13. FEDERAL PROCESSING & COMPLIANCE 4 16 12 32 14. BIDDING & CONSTRUCTION SUPPORT 4 8 6 jw— 18 15. AS-BUILT DRAWINGS 2 4 8 14 14 16. REIMBURSABLES N/A TOTALMANHOURS 24T6426 409 98F 1178 178 1356 4.0 SCHEDULE E The project schedule is depicted graphically on Exhibit B on the following page. This schedule has been developed based upon an assumed start date of September 5, 2000 and an assumed agency review duration of five days each for the 50% and final reviews and a review duration of 10 days for the 100% design review. Significant project milestones are summarized as follows: Notice to Proceed ........................ ............................... September 26, 2000 Submit PS &E for 50% Design Review ......................... November 21, 2000 Submit PS &E for 100% Design Review ....................... December 12, 2000 Submit PS &E for Final Review .......... ............................... January 2, 2001 PS &E Approved; Project Complete ........ .........................January 16, 2001 d 3 d L m V a Wo IL ` x � 3 U w z aaW °ago F Z4 C q H F U O ai �I 9 0 O O O o ~ ' o U a a y o N 0 0 z z o 2 O1 Q O W p U U ' O N � O ► o � 2 N N N O U Foo, i°o_ O U U � O O , o'o m 0 -° 0 0 0° olio °1300 0`� oi� a o in I� rIrI� N N N N3 n �I �10 I� �I u p O W 0� W C a p N CL W to > 06 > w6 .L > U O2 06 0 Cc a o¢ a o Ir `� n CL (n T >.I O d oc N co: N E O i U W @ @ @ MS N C 0) C O1 w = cm C 0 0 LL co aLL U) QIr U,aJLL0- U H bA it W x c > 3 a3 ro �, 1 0 c 0 O C U 0 @ � @ U CO O U aa .n d 0 ob 0 0 @ m° Q a O U @ E U @ -0 @ d .T. N o >a z0 LEQmZ)aS u p O W 0� W C a p N CL W to > 06 > w6 .L > U O2 06 0 Cc a o¢ a o Ir `� n CL (n T >.I O d oc N co: N E O i U W @ @ @ MS N C 0) C O1 w = cm C 0 0 LL co aLL U) QIr U,aJLL0- U H bA it W x I > 3 a3 u p O W 0� W C a p N CL W to > 06 > w6 .L > U O2 06 0 Cc a o¢ a o Ir `� n CL (n T >.I O d oc N co: N E O i U W @ @ @ MS N C 0) C O1 w = cm C 0 0 LL co aLL U) QIr U,aJLL0- U H bA it W x 5.0 QUALIFICATIONS KFM Engineering, Inc. has assembled a Project Team which is knowledgeable and experienced in all aspects of the subject project. The Project Team structure is illustrated on Exhibit C on the following page. Personal resumes of the key team members identified are enclosed at the end of this proposal section. The Project Manager for the project will be Mr. Rick Kreuzer, P.E. Mr. Kreuzer is a Registered Civil Engineer in California with 17 years of civil engineering experience, including three years with the Orange County Environmental Management Agency as a construction inspector, one year as a Project Engineer for a major Orange County contractor and the last eleven years as a consultant. As the Project Manager, Mr. Kreuzer will have overall technical responsibility for the project and will be the client's primary contact. He will also have "hands -on" involvement in the day to day design of the project. His experience is well suited to this project, as summarized below: • 17+ years as a consultant with an emphasis in public works design. • Numerous storm drain, roadway widening, and reconstruction /rehabilitation projects completed forrarious.cifies in Orange County over the past seventeen years. • Extensive experience coordinating with utility companies. • 3 years with OCEMA as field inspector on public works projects. He has a strong understanding of the construction elements to be considered on a project of this type. Recent street improvement projects similar in nature to the subject project which Mr. Kreuzer has managed include: PROJECT CLIENT CONSTRUCTION COST Artesia Boulevard Buena Park $1,200,000 Fairview Road Costa Mesa $3,400,000 Yorba Linda Boulevard Placentia $1,200,000 Tustin Street Orange $1,100,000 Ortega Highway San Juan Capistrano $200,000 Del Obispo Road San Juan Capistrano $300,000 Katella Avenue Anaheim $18,000,000 MacArthur Boulevard Newport Beach $700,000 San Miguel Road Newport Beach $200,000 Taft Avenue Orange $1,500,000 2 a W Vh hV m W Ic L 1� Y Q W m Off. YI Z N6 O �J ui �. L o d U 0 v� tY � 41 •� d � W� J •� � d W m Z O� W W o' 0., N �> J cc 7� W ry h 0 a U Z -CZ d� � R, d 3 C a� W a N d L 0 N d U ca h d 0 Z.11 e .j Q d ul z�� -0 O N a U Z -CZ d� � R, d 3 C a� W a N d L 0 N d U ca h d 0 0 PROJECT CLIENT CONSTRUCTION COST Main Street Orange $850,000 Imperial Highway La Habra $30,000,000 Lincoln Avenue Anaheim $800,000 Lake Forest Drive OCPFRD $3,000,000 Beach Boulevard Huntington Beach $1,100,000 Avenido Pico San Clemente $400,000 Marguerite Parkway Mission Viejo $700,000 Annual Resurfacing Program 94 -95 Dana Point $500,000 Annual Resurfacing Program 94 -95 Dana Point $600,000 Annual Resurfacing Program 94 -95 San Juan Capistrano $600,000 Mr. Kreuzer will be assisted by Jeff Lund. His main area of expertise is in the design of street widening and rehabilitation projects. Mr. Lund served as the Project Engineer for the vast majority of the projects listed above. Mr. Lund's experience includes 8 years as a Design /Project Engineer. Prior to that, Mr. Lund served 5 years as a project inspector for the City of Santa Barbara where he was responsible for field inspection/oversigi City roadaaay and storm drain improvement projects. Ed Miller, P.E. will be responsible for the design of the traffic elements of the project, including the development of striping and traffic control plans. Mr. Miller has 16 years of experience in transportation /traffic design. He also has extensive experience processing Federally funded projects through Caltrans. The field surveying for the project will be under the direction of Ted Krull, L.S. Mr. Krull serves as KFM's survey party chief. He is a Registered Land Surveyor in the State of California with over 22 years of professional experience. Arrowhead Mapping of San Bernardino will supply the aerial mapping for the project. They have worked extensively with KFM over the last 5 years. Steve Marvin, P.E. of Labelle -Marvin will oversee the pavement deflection study work on the project. Mr. Marvin is widely recognized as the leading authority regarding pavement analysis and engineering. Labelle -Marvin has worked on numerous projects with KFM in the past, including most of the projects mentioned herein. Brian Constant, P.E. of Constant and Dickey (CDI) will oversee the drilling and development of boring logs for the proposed storm drain alignment. CDI is currently working on multiple projects as a subconsultant to KFM. 0 0 CITY OF NEWPORT BEACH BALBOA BLVD. fmm 12th to Medina FEE SCHEDULE EXHIBIT A TASK KFM STAFF TOTAL K M H URS I M_4N 0 LUMP p aUM TOTAL (SIFT PM_ -1 E �Pj AE CADD 1' 1701 SURVEY 1. DATA COLLECTION 2 2. FIELD SURVEY - Horizontal/Vertical Control 1 9 $1,475 - Aerial Cmtrol 2 8 slxo -Cross S"tims & Grids 2 40 42 - lvlmumontatim 1 8 9 $1,475 - Surfacc Topogmphy 25 54,195 - Subsurface Informatim 13 3. AERIAL TOPOGRAPHIC MAPPING 1 1 $3,260 ___$2,155 53,375 4. BASE MAPPING - - -- 8 24 36 _4 5. FIELD REVIEWS T 12 1 20 $1.940 6. UTILITY INVESTIGATION AND COORDINATION 2 8 6 16 $1,330 7. PAVEMENT DEFLECTION STUDY 4 4 S Lq.�7 5 S11,335 8, HYDROLOGY & HYDRAULIC STUDY 24 40 24 88. $7,840 9. DEVELOP IMPROVEMENT STRATEGY 16 24 12 52 $4,720 10. STORM DRAIN GEOTECHNICAL BORINGS 4 4 52,500 $2,960 11. FINAL P S & E -Title Shmt (1) 1 2 4 7- $565 - Typical Sections (1) 4 11 32 $2,660 Dcails (2) 4 2�1_24 54.180 Rmdw y Plan & Pmfile fg) 90 274 523,230 -Strom Drain Plan & P, 28 64 ___124 48 140 $12,020 -Lateral Pmflcs (1) 12 12 ii $2,320 .. .... -Striping _4 2 12 . 12 26 52,090 -Cross Sectims(24) 24 16 48 12 80 IS2 ii 512,440 specificati� $2,860 -Cost Estimate 4 12 16 5I,480 _- ..._._. 12. PROJECT COORDINATION _.... F6 12 18 13. FEDERAL PROCESSING& COMPLIANCE 4 16 12 32 $2 ' 660 14 BIDDING & CONSTRUCTION SUPPORT 8- 6 18 __ —.--$l,560 15. AS-BUILT DRAWINGS 2 4 t4 8 14 51.130 16. REIMBURSABLES $2.000 $2,000 TOTAL . MANHOURS TOTAL COSTS 246 $28.29() 126 S36.2 10 408 S30,600 98 $16,660 1178 518635 5128X5 LESS 10% ........................ $12,836 TOTAL FEE_..._ ............... 5115,520 0 EXHIBIT B KFM ENGINEERING, INC. SCHEDULE OF HOURLY BILLING RATES Rates Effective through December 31, 2000 OFFICE PERSONNEL: Typists, Word Processors ........................ ..............................$ 30.00 /Hr. Technician............................................... ..............................$ 45.00 /Hr. Design Engineers / CADD Operators ...... ............................... $ 70.00 /Hr. Project Engineers .................................... ............................... $ 85.00 /Hr. Project Managers.......... ................... ..............................$ 115.00 /Hr. FIELD PERSONNEL: Two -Man Survey Party, including Truck and Equipment..... Three -Man Survey Party, including Truck and Equipment..... SUPPORT & MISCELLANEOUS COSTS: ....... ............................... $ 135.00 /Hr. .......... ........- ..:... ............... $ 170.00 11-1r. C.A.D.D. WorkStation/ Plotter .................. ..............................$ 25.00 /Hr. Computer time ........................................ ............................... $ 16.00 /Hr. Telefax..................................................... ..............................$ 2.00 /Pg. Electronic Distance Measuring Equipment (E.D.M.) ...............$ 55.00 /Day Survey Trucks .......................................... ..............................$ 0.50 /Mile nther Vahirles .� o 3n /Miles Outside services and consultants are billed at direct costs plus 15 %. Blueprints, reproduction, messenger service, subsistence, travel and other expenses are billed at direct cost plus 10 %. Terms are net 30 days with 1'/% per month interest charges. The above schedule is for straight time hours.