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Home My WebLink AboutC-3242(A) - Jamboree Road Rehabilitation - East Coast Highway to San Joaquin Hills Road (Construction)CI4 OF NEWPORT BEACH August 22, 2000 OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3005 R.J. Noble Company Attn: Jim Grace, President 15505 E. Lincoln Avenue Orange, CA 92865 Subject: Jamboree Road Rehabilitation - East Coast Highway to San Joaquin Hills Road (C- 3242A) To Whom It May Concern: On February 22, 2000, 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 six months after Council acceptance. The Notice of Completion was recorded by the Orange County Recorder on February 23, 2000, Reference No. 20000095070. The Surety for the contract is Federal Insurance Company, and the bond number is 8155- 90 -21. Enclosed is the Faithful Performance Bond. Sincerely, LaVonne M. Harkless, CMC /AAE City Clerk LMH:Iib cc: Public Works Department Horst Hlawaty, Construction Engineer enclosure 3300 Newport Boulevard, Newport Beach EXECUTED IN FOUR COUNTERPARTS CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT JAMBOREE ROAD REHABILITATION EAST COAST HIGHWAY TO SAN JOAQUIN HILLS ROAD STPLMA 5151 (010) CONTRACT NO. 3242 -A BOND NO. 8155 -90 -21 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ being at the rate of $ PAGE 16 thousand of the Contract price. WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, awarded to R. J. Noble, Company, hereinafter designated as the "Principal ", a contract for construction of JAMBOREE ROAD REHABILITATION EAST COAST HIGHWAY TO SAN JOAQUIN HILLS ROAD STPLMA 5151 (010), Contract No. 3242 -A 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, Principal has executed or is about to execute Contract No. 3242 -A and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract; NOW, THEREFORE, we, the Principal, and R. J. Noble 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 four hundred twenty-four thousand, five hundred thirty-seven and 50/100 Dollars ($ 424,537.50), 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 City 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. •' • PAGE 17 As a part 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 six (6) months 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 Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 7th day of JULY , 1999 R. J. NOBLE COMPANY Name of Contractor (Principal) FEDERAL INSURANCE COMPANY Name of Surety 801 S. FIGUEROA ST 23RD FL LOS ANGELES, CA 90017 -5556 Address of Surety (213) 612 -0880 Telephone MICHAEL D. STONG, ATTORNEY —IN —FACT Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED f: \usem\pbMshared \contracts \99\ amboree rd. rehab o-3242 \contract o-3242 -a.doc 1/99 STATE OF CALIFORNIA SS. COUNTY OF RIVERSIDE On _ , before me, ROSEMARY STANDLEY PERSONALLY APPEARED MICHAEL D. STONG 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 acknowl- edged to me that he /she /they executed the same in his/ her /their authorized capacity(ies), and that by his /her/ their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. n r�rn 1 tir Signature OPTIONAL ROSEMARY STANDLEY COh4M. #1090462 NOTARY PUBLIC - CALIFORNIA RIVERSIDE COUNTY am e. IAy C. War AM 7. 2000 N This area far 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 EWIT (IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE to-os) Rev b199 ALL - PURPOSE ACKNOWLEDGEMENT State of CALIFORNIA County of ORANGE On JULY 7, 1999 (DATE) 11 before me, M.A. GROSKOPF INAMERITLE OF OFFICER- i.e.'JANE DOE, NOTARY PUBLIC') personally appeared JIM GRACE, PRESIDENT INAMEISI OF SIGNERISI) OF R. J. NOBLE COMPANY W personally known to me -OR- ❑ a r M.A. GR • COMM. #1130198 0 U m NOTARY PUBLIC - CALIFORNIA Oo j i ORANGE COUNTY My Comm. Exp. April 21, 2001 as proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrumentthe person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. (SEAL) ATURE OF NOT I ATTENTION NOTARY The information requested below and in the column to the right is OPTIONAL. Recording of this document is not required by law and is also optional. It could, however, prevent fraudulent attachment of this certificate to any unauthorized document. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Trtk or Type of Document Number of Pages Date of Document Slonerls) Other Than Named Above WOLCOTTS FORM 93240 Rev. 2.94 (price ties 9-2A1 Q1994 WOLCOTTS FORMS, INC. ALL PURPOSE ACKNOWLEDGMENT WITH SIGNER CAPACITY/REPRESENTATIONrrWO FINGERPRINTS RIGHT THUMBPRINT (Optional) CAPACITY CLAIMED BY SIGNERISI 'OINDIVIDUALIS) )&CORPORATE OFFICERISI "aus1 OPARTNERISI ❑LIMITED ❑GENERAL OATTORNEY IN FACT OTRUSTEE(S) ❑GUARDIAN /CONSERVATOR OOTHER: SIGNER IS REPRESENTING: (Name of POrson(O or Entity(lesl R. J. NOBLE COMPANY RIGHT THUMBPRINT (Optionall CAPACITY CLAIMED BY SIGNERIS) OINDIVIDUAL(S) OCORPORATE OFFICERS) (TITLES) OPARTNER(S) ❑LIMITED OGENERAL ❑ATTORNEY IN FACT OTRUSTEEIS) ❑GUARDIAN /CONSERVATOR ❑OTHER: SIGNER IS REPRESENTING: IName of Penonls) or Entityliesl 11 '611151116131121114101111 F CITY OF NEWPORT BEACH March 30, 2000 OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3005 R. J. Noble Company Attn: Jim Grace, President 15505 E. Lincoln Avenue Orange, CA 92865 Subject: Jamboree Road Rehabilitation - East Coast Highway to San Joaquin Hills Road, (C- 3242A) To Whom It May Concern: On February 22, 2000, 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 six months after Council acceptance. The Notice of Completion was recorded by the Orange County Recorder on February 23, 2000, Reference No. 20000095070. The Surety for the contract is Federal Insurance Company, and the bond numbers are 8155 -90 -21 and 81567261 -B. Enclosed are the Bidders Bond and the Labor & Materials Payment Bond. Sincerely, LaVonne M. Harkless, CMC /AAE City Clerk LH:cf cc: Public Works Department Horst Hlawaty, Construction Engineer 3300 Newport Boulevard, Newport Beach • 1• EXECUTED IN FOUR COUNTERPARTS PAGE 14 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT JAMBOREE ROAD REHABILITATION EAST COAST HIGHWAY TO SAN JOAQUIN HILLS ROAD STPLMA 5151 (010) CONTRACT NO. 3242 -A BOND NO. 8155 -90 -21 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, has awarded to R. J. Noble Company, hereinafter designated as the "Principal;' a contract for construction of JAMBOREE ROAD REHABILITATION EAST COAST HIGHWAY TO SAN JOAQUIN HILLS ROAD STPLMA 5151 (010), Contract No. 3242 -A 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. 3242 -A and the terms thereof require the furnishing of 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 labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth: NOW, THEREFORE, We the undersigned Principal, and, R. J. Noble 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 four hundred twenty -four thousand, five hundred thirty -seven hundred and 50/100 Dollars ($424,537.50), 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 labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable 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. 9 Ll PAGE 15 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 Code of the State of Califomia. 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 principal 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 7 th day of JULY 119 99. R. J. NOBLE COMPANY Name of Contractor (Principal) FEDERAL INSURANCE COMPANY Name of Surety 801 S. FIGUEROA ST. 23RD FLOOR Address of Surety LOS ANGELES, CA 90017 -5556 (213) 612 -0880 Telephone MICHAEL D. STONG ATTORNEY -IN -FACT Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED STATE OF CALIFORNIA SS. COUNTY OF RIVERSIDE On 7 47 , before me, PERSONALLY APPEARED L D. STONG 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 acknowl- edged to me that he /she /they executed the same in his/ her /their authorized capacity(ies), and that by his /her/ their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature L OPTIONAL Y STANDLEY ROSEMARY STANDLEY COMM.1i1080462 NOTARY PUDLIC • CALIFORNIA t RIVERSIDE COUNTY my Comm. E4ml JMM T. MW 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 ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE ID-081 Rev. 6/94 ALL - PURPOSE ACKNOWLEDGEMENT State of CALIFORNIA County of ORANGE On .JULY 7, 1999 before me, M.A. GROSKOPF (DATE) INAMERITLE OF OFFICER-i.e. -JANE DOE. NOTARY PUBLIC1 personally appeared JIM GRACE, PRESIDENT INAMEISI OF SIGNER(S)l OF R. J. NOBLE COMPANY W personally known to me -OR- ❑ M.A. GROSKOPF COMM. #1130198 0 j m NOTARY PUBLIC-CALIFORNIA _7 ORANGE COUNTY My Comm. Exp. April 21.2001 proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal (SEAL) q (SI A URE OF NOT ) ATTENTION NOTARY The information requested below and in the column to the right is OPTIONAL. Recording of this document is not required by law and is also optional. It could, however, prevent fraudulent attachment of this certificate to any unauthorized document. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Tala or Type of Document Number of Pages Date of Document Signerfs) Other Than Named Above WOLCOTTS FOMI $3240 Rev. 3.94 Ipice class e•]AI 01994 WOLCOTTS FORMS. INC. ALL PURPOSE ACKNOWLEDGMENT WITH SIGNER CAPACITY/REPRESENTATIONfZWO FINGERPRINTS RIGHT THUMBPRINT ( Optional) a `o CAPACITY CLAIMED BY SIONER(S) 'OINDIVIDUALIS) XXCORPORATE OFFICER(S) ITITLESI OPARTNERIS) OLIMITED OGENERAL ❑ATTORNEY IN FACT OTRUSTEE(S) OGUARDIAN/CONSERVATOR ❑OTHER: SIGNER IS REPRESENTING: IN-me of Person(*) or Entity(iss) R. J. NOBLE COMPANY RIGHT THUMBPRINT (Optional) 0 `o CAPACITY CLAIMED BY SIGNER(S) OINDIVIDUAL(S) ❑CORPORATE OFFICERIS) m1TLESI ❑PARTNER(S) ❑LIMITED OGENERAL ❑ATTORNEY IN FACT OTRUSTEEISI O GUARDIAN /CONSERVATOR OOTHER: SIGNER IS REPRESENTING: INeme of Persons) or Entitylies) 1I�I11 111111111111 E CHUBB JROUP OF INSURAN P COMPANIES CHUF3E3 15 Mountain View Road, P. 0. Box 1615. \Karen, New Jersey 07061 - G15 Bond No. 81567261 -B That we, FEDERAL INSURANCE COMPANY Amount S 10% OF BID Know All Men By These Presents, R.J. NOBLE COMPANY (hereinafter called the Principal), as Principal, and the FEDERAL INSURANCE COMPANY, Warren, New Jersey, a corporation duly organized under the laws of the State of Indiana, (hereinafter called the Surety), as Surety, are held and firmly bound unto CITY OF NEWPORT BEACH (hereinafter called the Obligee), in the sum of TEN PERCENT OF THE AMOUNT OF THE BID Dollars (S 10% OF BID ), for the payment of which we, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Sealed with our seals and dated this 21st day of MAY A. D. nineteen hundred and 99 WHEREAS, the Principal has submitted a bid, dated JUNE 11 19 99 nor JAMBOREE ROAD REHABILITATION EAST COAST HIGHWAY TO SAN JOAQUIN HILLS ROAD STPLMA 5151 (010) CONTRACT NO. 3242 -A NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Obligee shall accept the bid of the Principal and the Principal shall enter into a contract with the Obligee in accordance with such bid and give bond with good and sufficient surety for the faithful performance of such contract, or in the event of the failure of the Principal to enter into such contract and give such bond, if the Principal shall pay to the Obligee the dif- ference, not to exceed the penally hereof, between the amount specified in said bid and the amount for which the Obligee may legally contract with another party to perform the work covered by said bid, if the latter amount be in excess of the former, then this obligation shall be null and void, otherwise to remain in full force and effect. R.J. NOBLE_C014PANY ncipal By: r�^1 (-A •.'Icu roim �soz000t rno.. �.�or u.oD60D u "s+ INSURANCCCOMPANY CHAEL D. STOpCG ATTORNEY STATE OF CALIFORNIA SS. COUNTY OF RIVERSIDE On mil/ -,before me, ROSEMARY STANDLEY PERSONALLY APPEARED MICHAEL D. 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 acknowl- edged to me that he /she /they executed the same in his/ her /their authorized capacity(ies), and that by his /her/ their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature ) OPTIONAL ROSEMARY STAND LEY m COMM. #1090462 yy NOTARY PUBLIC - CALIFORNIA fA/1 ' RIVERSIDE COUNTY my Comm. Eta m June 7.2000 l 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 TITLES) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ATTORNEY -IN -FACT TRUSTEE(S) ❑ GUARDIAN /CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR EN ITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE ID-081 Rev. 6/94 ALL - PURPOSE ACKNOWLEDGEMENT • State of CALIFORNIA County of ORANGE 0 On 5/24/99 before me, M.A. GROSKOPF (GATE) INAMERITLE OF OFFICER- i.e.'JANE DOE, NOTARY PUSUC'I personally appeared JIM GRACE, PRESIDENT INAMEISI OF SIGNERISII OF R. J. NOBLE COMPANY W personally known to me -OR- ❑ (SEAL) proved to me on the basis of satisfactory evidence to be the person (s) whose name(s) Is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signatures) on the instrumentthe person(sl, or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal ATTENTION NOTARY The information requested below and in the column to the right is OPTIONAL. Recording of this document is not required by law and is also optional. It could, however, prevent fraudulent attachment of this certificate to any unauthorized document. THIS CERTIFICATE TRle or Type of Document MUST BE ATTACHED TO THE DOCUMENT Number of Pages Date of Document DESCRIBED AT RIGHT: Signers) Other Than Named Above WOLCOTTS FORA 63240 Rar. 3 -94 Iwica class 0-2AI ®1394 WOLCOTTS FORMS, INC. ALL PURPOSE ACKNOWLEDGMENT WITH SIGNER CAPACITYMEPRESENTATION/TWO FINGERPRINTS RIGHT THUMBPRINT (Optional) 3 0 0 CAPACITY CLAIMED BY SIONER(SI OINDIVIDUAL(S) YINCORPORATE OFFICER(S) OPARTNERIS) OLIMITED OGENERAL ❑ATTORNEY IN FACT OTRUSTEEISI O G UA RDIA N /CONSERVATOR (DOTHER: SIGNER IS REPRESENTING: INeme of Personfs) or Enthyliesl R. J. NOBLE COMPANY RIGHT THUMBPRINT (Optional) 3 0 0 CAPACITY CLAIMED BY SIGNER(S) OINDIVIDUAL(SI OCORPORATE OFFICERIS) ITIRLSI OPARTNERIS) OLIMITED OGENERAL OATFORNEY IN FACT OTRUSTEE(SI O GU ARD IAN /CONSERVATOR OOTHER: SIGNER IS REPRESENTING: (Name of Persons) or EntitYlies) IIfI67�7f7f5 l�6 N2f40 11 B r RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 E Recorded in the County of Orange, California Gary L Granville, CieFkr/,gecgrdTr, 1111 IIIIIIIIIINIII{IINIIIIIII{ {I No F04 20000095070 11{;54]RM 0�2R/23/00 0150010010.0090.00 x'.`00 �0<'0.0�090'"!1"0 0.00 0.00 Doc Types: 015 Oi FICE OF fFE CITY CLER6.. "Exempt from recording fees pursuant to Government Code Section 6903" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, F Newport Beach, California, 92663, as Owner, and R. J. Noble Company of Orange, N California, as Contractor, entered into a Contract on June 28, 1999. Said Contract set forth certain improvements, as follows: Jamboree Road Rehabilitation - East Coast Highway to San Joaquin Hills Road, C-3242 (A Work on said Contract was completed on November 5, 1999, and was found to be acceptable on February 22, 2000, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Federal Insurance BY Iic Works Director City of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Exec M �wport Beach, California. UNION BANK OF CALIFORNIA SOUTHERN CALIFORNIA INTERNATIONAL OPERATIONS CENTER 1980 Saturn Street, V01 -519 Monterey Park, California 91755 -7417 Attention: Standby Letters Of Credit Section Date: February 28, 2000 BENEFICIARY Irrevocable Standby Letter of Credit No. 306S232573 APPLICANT City of Newport Beach R.J. Noble Co. 3300 Newport Boulevard P.O. Box 620 Newport Beach, CA 92663 Orange, CA 92836 Currency USD Amount 200,000.00 (Two Hundred Thousand and No /100 U.S.Dollars.) Available by Payment at this office. Final Expiry Date March 31, 2003 at the close of business of this office in Monterey Park, California. Ladies /Gentlemen: We hereby issue our Irrevocable Standby Letter of Credit No. 306S232573 ( "Letter of Credit ") in your favor. This Letter of Credit is available by sight payment with ourselves only against presentation at this office of the following documentation: A sight draft drawn on us, purportedly signed by an authorized representative or official of the Beneficiary, marked: "Drawn under Union Bank of California, N.A., Irrevocable Standby Letter of Credit No. 3065232573, dated February 28, 2000." 2. A dated statement purportedly signed by an authorized representative or official of the Beneficiary stating: "The undersigned being a duly authorized representative or official of the City of Newport Beach, (the "CITY ") hereby represents and warrants that the amount of the accompanying draft represents and covers moneys the CITY has to pay to any contractors, subcontractors, and persons furnishing labor, materials and equipment to make repairs under Contract No. 3242 -A, STPLMA 5151 (010) ( "PROJECT "), futhermore CITY warrants that written demand has been given to R.J. Noble Co. (the "Contractor") to immediately commence and complete the repair work and that repairs were not commenced within seven (7) days after such demand was made and /or are not thereafter diligently prosecuted to fully completion within thirty (30) days after making such demand, therefore the CITY in its sole judgment makes demand upon and use funds secured by this Letter of Credit for such repairs, as per Contract No. 3242 -A, STPLMA 5151(010) ( "PROJECT ") dated February 22, 2000 by and between City of Newport Beach ( "CITY ") and R.J.Noble Co. (the "Contractor"). Partial drawings are permitted. - Continued- 0 0 Our Reference No.: 3065232573 Page 2 This Letter of Credit sets forth in full the terms of our undertaking, and such terms shall not be modified, amended or amplified by any document, instrument or agreement referred to in this Letter of Credit, in which this Letter of Credit is referred to or to which this Letter of Credit relates. Except as stated herein, this Letter of Credit is not subject to any condition or qualification and is our individual obligation which is in no way contingent upon reimbursement. The original of this Letter of Credit must be presented together with the above documents in order to endorse the amount of each drawing on the reverse side. All banking charges under this Letter of Credit are for the account of the Applicant. An interbank transfer fee of USD30.00 will be deducted from the proceeds if settlement is to be remitted to an account at another bank. We hereby agree with you that drafts drawn under and in compliance with the terms of this credit will be duly honored upon presentation and delivery to Union Bank of California, N.A., at the address above. Documents are to be sent in one lot by courier service, overnight mail or hand delivery. This Letter of Credit is subject to the "Uniform Customs and Practice for Documentary Credits (1993 Revision) ", International Chamber of Commerce Publication No. 500. Union Bank of California, N.A. International Operations Center Authorized Y MMM S. PYMM AsSM&M Vloe P-G*M t 9 AGREEMENT FOR GUARANTEE AGAINST DEFECTIVE WORKMANSHIP AND MATERIALS THIS AGREEMENT, made and entered into thisd)rc day of l r (9 uarJ , 2000, by and between R. J. NOBLE COMPANY whose business address is 15505 E. Lincoln Avenue, Orange, California. 92856, ( "CONTRACTOR ") and the CITY OF NEWPORT BEACH, a municipal corporation, organized and existing under and by virtue of its Charter and the Constitution and the laws of the State of California, ( "CITY"); RECITALS WHEREAS, CONTRACTOR has constructed the JAMBOREE ROAD REHABILITATION PROJECT from East Coast Highway to San Joaquin Hills Road, within the City of Newport Beach to be known as Contract No. 3242 -A, STPLMA 5151 (010) ( "PROJECT "); and WHEREAS, portions of the PROJECT failed to meet the project specifications of ninety - five percent (95 %) relative compaction in the placement of a rubberized asphalt concrete cap in Lane No. 1 and Lane No. 2 in each direction. If the PROJECT were completed in full compliance with the specifications, the project would be covered by CONTRACTOR's one (1) year warranty. CONTRACTOR and CITY have been advised by pavement engineering experts that compaction of less than ninety -five (95 %) can perform satisfactorily and that if defects such as uneven compaction or unraveling were to occur such defects would appear within the first two (2) to three (3) years; and WHEREAS, in consideration of City Council approval of the PROJECT, CONTRACTOR desires to enter into this AGREEMENT, and has agreed to provide a three (3) year term Letter of Credit acceptable to CITY that will allow CITY to use deposited funds to repair any roadway damage related to the reduced compaction, as necessary and other public improvement work required by CITY in connection with the repairs; and WHEREAS, staff has recommended that the PROJECT be accepted as complete at the regular meeting of the City Council on February 22, 2000, subject to CONTRACTOR's execution of this AGREEMENT. NOW, THEREFORE, CITY and CONTRACTOR agree as follows: The PROJECT shall be considered accepted as complete as of the date this AGREEMENT is approved. 2. The term of this AGREEMENT shall be three (3) years from the date of deposit of the Letter of Credit as provided in Paragraph 3 below. 3. Within ten (10) days of City Council approval of this AGREEMENT, CONTRACTOR shall provide CITY with a two hundred thousand dollar ($200,000) Letter of Credit or other similar bank security payable to the CITY in a form acceptable to CITY, to authorize City to call upon the Letter of Credit at any time to make payment to any contractors, subcontractors, and persons furnishing labor, materials and equipment to CITY to repair the PROJECT as required by this AGREEMENT. Repairs to the PROJECT may include, but shall not be limited to; 0 0 a. Remove and replace portions of the No. 1 and No. 2 travel lanes and /or left turn lanes, as shown in Exhibit 'W', attached hereto, with a one and one - half inch (1 % ") ARHM overlay on Jamboree Road from Coast Highway to San Joaquin Hills Road in each direction. b. Repair, adjust and /or replace all striping, markings, loops, valves and manholes, as necessary. The above description of items is understood to be only a general description of the repair work, and not a binding description. 4. If at any time during the term of this AGREEMENT, CITY in its own discretion determines the need to repair the PROJECT, CITY may make written demand upon the CONTRACTOR to immediately commence and complete the repair work. If the requested repairs are not commenced within seven (7) days after such demand is made and /or are not thereafter diligently prosecuted to completion and fully completed within thirty (30) days after the making of such demand (or such other time as may be contained in said demand), CITY may then complete or arrange for completion of all remaining work or conduct such remedial activity as in the sole judgment of CITY may be required, and may make demand upon and use funds secured by the Letter of Credit for such repairs. 5. If CONTRACTOR provides CITY with a written dispute of CITY's written demand for repairs within seven (7) days of receipt of CITY's written demand, CITY and CONTRACTOR agree to have a third party pavement engineering expert, agreeable to both and paid equally by both parties, determine the need for repairing the roadway. The determination of the third party expert shall be final as to necessity for and extent of repairs. CONTRACTOR may elect to commence repairs within seven (7) days of the third party expert's determination. If the requested repairs are not commenced within seven (7) days after the third party determination is made and /or repairs are not thereafter diligently prosecuted to completion and fully completed within thirty (30) days after the third party determination, CITY may then commence or arrange for completion of all remaining work required under the third party determination, and may make demand upon and use funds secured by the Letter of Credit for such repairs. 6. Any repair work shall be completed in compliance with the specifications of CITY Contract No. 3242(A) as approved by the City Engineer. City shall release the Letter of Credit required by this AGREEMENT as follows: a. In the event that no roadway repair is required within the term of this AGREEMENT. b. There is security remaining, if any, after securing payment to the contractors, his or her subcontractors and to persons furnishing labor, materials or equipment for all required repair work, plus an amount reasonably determined by the City Engineer to be required to assure the performance of any other obligations secured by the settlement of Security. 9 8. Indemnity /Hold Harmless. During the three (3) year term of this AGREEMENT, CITY or any officer or employee thereof shall not be liable for any injury to persons or property arising from CONTRACTOR'S failure to meet the ninety -five percent (95 %) compaction specifications for the PROJECT or the acts or omissions of CONTRACTOR, its agents or employees in the performance of this AGREEMENT. CONTRACTOR further agrees to protect, defend, indemnify and hold harmless CITY, its officials and employees from any and all claims, demands, causes of action, liability, damages or loss of any sort, because of, or arising out of the reduced compaction, or uneven compaction of the roadway, or raveling of the pavement surface which may arise during the term of this AGREEMENT. 9. This AGREEMENT shall not affect or otherwise limit or supercede the one (1) year warranty of workmanship or materials required for all other work by CONTRACTOR on the PROJECT. IN WITNESS WHEREOF, CONTRATOR and CITY have executed this AGREEMENT as of the day and year first above written. CITY OF NEWPORT BEACH, a municipal corporation By: M ATTEST: LaVonne Harkess, City Clerk APR VED AS TO FORM: Ro in L. auson, Assistant City Attorney R.J. NOBLE COMPANY t \\mis_l\sys \users\pbwkshared \contracts \y 98- 99yamboree rd. rehab c- 3242a\agreement guarantee - 6 noble.doc 1� *0138 ld31 33S ,V. 3NIl H01VI4 Ri t Vie{ �jKi .OZ r � M LL R O Y LL! L! Y UAJ+ b AI R Y 6 M Y W r T�� i I XRI UJtr Rt �y a I I ppp .0 .K R Y 6� 1, ,ti'YI l I I N�G\A* P P PG�F�G GG Q �b8 Z INS 335 .8. 3Nn H01vw .V. An H01VA 3108V 1HOIN 33S 0 0 3 0 i'll- il is g s�sN riY E i Z � In Z 0 Ir 4 ro Lu W U Q p W m ¢o of Z a m r as ❑ N 0+ 0` V Q 000_ (IS Li NM ON L) CA ¢ W J Li q 4 C4 Lj LO UJ W U> Q J -i a Li CL 0 > t7 0+ ZQ z > 5z < Qo QS am d „ i'll- il is g s�sN riY E i Z M LL O N I- W W Q MR m X W *0138 L331 33S .0. 3N11 HXVN .Q W IOLVw I 'INS 33S 1� ®� J r. tis 33c a , NJ1VW 3108V 1MJW 33S w N0 Li J U Q ¢0 ¢0- r 0 ON U U Q 00 a aw Nx N� �U or Q 2 w 2 J O1 0� Qr a WQ w0 J Q LJ Q Q J J atj ao 0> 0 U aQ z >x >¢ Q o a m a. a .- ao p� y�� R IP 61 r w w Q a � w i � > 7 I LIT,- Y 11101 0 M LL 0 M F- W w U) F- m Z X w MILS ROAD r e. @i 1 IVA M N N y O W J U a ¢o ¢0- m' m° ON L) Os a ma cuw N N 1 ON U O, ~ Q Z W Z J O1 O(k L7 ~ A Ld L61 L3 Q aW a> ad ao u> om za z >� >a ao ax am a�- lei Imi l • r r N r !° ff�a �FM 0 W R t{ N � 0 1` w; February 22, 2000 i CITY COUNCIL AGENDA Af'F RV! rf)- ITEM NO. 10 TO: Mayor and Members of the City Council FROM: Public Works Department SUBJECT: JAMBOREE ROAD REHABILITATION — EAST COAST HIGHWAY TO SAN JOAQUIN HILLS ROAD, CONTRACT NO. 3242(A) - COMPLETION AND ACCEPTANCE 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 6 months after Council acceptance. 5. Authorize the Mayor and City Clerk to execute an agreement for a guarantee against defective workmanship and materials. DISCUSSION: On June 28, 1999, the City Council authorized the award of the Jamboree Road Rehabilitation contract from East Coast Highway to San Joaquin Hills Road to R.J. Noble Company, of Orange, California. The contract provided for repaving Jamboree Road with rubberized asphalt after existing deteriorated paving was removed by grinding. The contractor did not meet the specified 95 percent relative compaction for some portions of the roadway. Test results from pavement cores taken at four locations in the median lanes in both directions of travel showed compaction of between 90 and 94 percent. Insufficient compaction can result in rutting and /or raveling over a period of time. The County material testing laboratory indicated that the rutting or raveling, if it occurs, will usually occur in the first two years after the rubberized asphalt is placed. Nearly six months after placing the pavement, there is no evidence of any rutting or raveling in the wheel path for the median lanes where low compaction was measured. Two options available to resolve this situation: to enter into an agreement with the contractor which provides for a guarantee for a three -year period, or remove and replace the areas where compaction was found to be less than 95 percent. SUBJECT: JAMBOREE RC�EHABILITATION — EAST COAST HIGHWAY TO•JOAQUIN HILLS ROAD, CONTRACT NO.:f242(A) - COMPLETION AND ACCEPTANCE February 22, 2000 Page 2 Based on the performance of the paving in the last six months and input from the County material testing laboratory it is recommended that the three year guarantee option be taken. This will eliminate the impact to the motoring public and adjacent residences that would occur if the low compaction areas had to be reground and repaved. The proposed guarantee agreement provides for a Letter of Credit in the amount of $200,000.00 be given to the City, which will guarantee against defective workmanship and materials for a period of three years. This amount would provide for pavement replacement as specified in the agreement in the event the City needs to retain a contractor other than RJ Noble. RJ Noble has established an outstanding, long -term relationship with the City and intends to make any necessary repairs required due to defective workmanship during the three year period. A summary of the contract cost is as follows: Original bid amount: $424,537.50 Actual amount of bid items constructed: 409,413.33 Total amount of change orders: 26,202.17 Final contract cost: $435,815.51 The decrease in the amount of actual bid items constructed over the original bid amount resulted from the placement of lower tonnage quantities of asphalt rubber hot mix than estimated the bid item quantities. The final overall construction cost including change orders was 2.7 percent over the original bid amount. A total of three monetary change orders were issued to complete the project. They were as follows: 1. A change order in the amount of $3,600.00 provided for the substitution of wooden posts in lieu of aluminum posts for two informational signs. 2. A change order in the amount of $24,080.06 provided for the installation of an asphalt concrete leveling course prior to cap paving. 3. A change order in the amount of $5,922.11 provided for addition grinding to remove exposed layers of petromat prior to cap paving. The OCTA Arterial Highway Rehabilitation Program (Federal) application the City submitted agreed to 30% AHRP Funds to be matched by 70% City funds. Funds for the project were expended in the following account: Description Account No. Amount AHRP Participation 7285- C5100480 $127,563.19 Gas Tax 7181- C5100480 $308,252.32 \ \mis_1\sys\ users \pbw\ shared \council \fy99- 00 \febmary-22 \jamboree rehab c- 3242 -a.doc SUBJECT: JAMBOREE RDA HABILITATION — EAST COAST HIGHWAY TO S *AQUIN HILLS ROAD, CONTRACT NO. P(A) - COMPLETION AND ACCEPTANCE February 22, 2000 Page 3 All work with the exception of punch -list items was completed on November 5, 1999, the scheduled completion date. Respectfully submitted /v z PUBLIC WORKS DEPARTMENT Don Webb, Director By: Horst Hlawaty, P.E. Construction Engineer Attachment: Agreement (without exhibit) is \users\pbvAshared \council \4,99 -00 \february-22 \jamboree rehab c-3242a.0oc 0 0 AGREEMENT FOR GUARANTEE AGAINST DEFECTIVE WORKMANSHIP AND MATERIALS THIS AGREEMENT, made and entered into this day of 2000, by and between R. J: NOBLE COMPANY whose business address is 15505 E. Lincoln Avenue, Orange, California. 92856, ( "CONTRACTOR ") and the CITY OF NEWPORT BEACH, a municipal corporation, organized and existing under and by virtue of its Charter and the Constitution and the laws of the State of California, ( "CITY"); RECITALS WHEREAS, CONTRACTOR has constructed the JAMBOREE ROAD REHABILITATION PROJECT from East Coast Highway to San Joaquin Hills Road, within the City of Newport Beach to be known as Contract No. 3242 -A, STPLMA 5151 (010) ( "PROJECT "); and WHEREAS, portions of the PROJECT failed to meet the project specifications of ninety - five percent (95 %) relative compaction in the placement of a rubberized asphalt concrete cap in Lane No. 1 and Lane No. 2 in each direction. If the PROJECT were completed in full compliance with the specifications, the project would be covered by CONTRACTOR's one (1) year warranty. CONTRACTOR and CITY have been advised by pavement engineering experts that compaction of less than ninety -five (95 %) can perform satisfactorily and that if defects such as uneven compaction or unraveling were to occur such defects would appear within the first two (2) to three (3) years; and WHEREAS, in consideration of City Council approval of the PROJECT, CONTRACTOR desires to enter into this AGREEMENT, and has agreed to provide a three (3) year term Letter of Credit acceptable to CITY that will allow CITY to use deposited funds to repair any roadway damage related to the reduced compaction, as necessary and other public improvement work required by CITY in connection with the repairs; and WHEREAS, staff has recommended that the PROJECT be accepted as complete at the regular meeting of the City Council on February 22, 2000, subject to CONTRACTOR's execution of this AGREEMENT. NOW, THEREFORE, CITY and CONTRACTOR agree as follows: The PROJECT shall be considered accepted as complete as of the date this AGREEMENT is approved. 2. The term of this AGREEMENT shall be three (3) years from the date of deposit of the Letter of Credit as provided in Paragraph 3 below. 3. Within ten (10) days of City Council approval of this AGREEMENT, CONTRACTOR shall provide CITY with a two hundred thousand dollar ($200,000) Letter of Credit or other similar bank security payable to the CITY in a form acceptable to CITY, to authorize City to call upon the Letter of Credit at any time to make payment to any contractors, subcontractors, and persons furnishing labor, materials and equipment to CITY to repair the PROJECT as required by this AGREEMENT. Repairs to the PROJECT may include, but shall not be limited to; Ll a. Remove and replace portions of the No. 1 and No. 2 travel lanes and /or left turn lanes, as shown in Exhibit "A ", attached hereto, with a one and one - half inch (11W') ARHM overlay on Jamboree Road from Coast Highway to San Joaquin Hills Road in each direction. b. Repair, adjust and /or replace all striping, markings, loops, valves and manholes, as necessary. The above description of items is understood to be only a general description of the repair work, and not a binding description. 4. If at any time during the term of this AGREEMENT, CITY in its own discretion determines the need to repair the PROJECT, CITY may make written demand upon the CONTRACTOR to immediately commence and complete the repair work. If the requested repairs are not commenced within seven (7) days after such demand is made and /or are not thereafter diligently prosecuted to completion and fully completed within thirty (30) days after the making of such demand (or such other time as may be contained in said demand), CITY may then complete or arrange for completion of all remaining work or conduct such remedial activity as in the sole judgment of CITY may be required, and may make demand upon and use funds secured by the Letter of Credit for such repairs. 5. If CONTRACTOR provides CITY with a written dispute of CITY's written demand for repairs within seven (7) days of receipt of CITY's written demand, CITY and CONTRACTOR agree to have a third party pavement engineering expert, agreeable to both and paid equally by both parties, determine the need for repairing the roadway. The determination of the third party expert shall be final as to necessity for and extent of repairs. CONTRACTOR may elect to commence repairs within seven (7) days of the third party expert's determination. If the requested repairs are not commenced within seven (7) days after the third party determination is made and /or repairs are not thereafter diligently prosecuted to completion and fully completed within thirty (30) days after the third party determination, CITY may then commence or arrange for completion of all remaining work required under the third party determination, and may make demand upon and use funds secured by the Letter of Credit for such repairs. 6. Any repair work shall be completed in compliance with the specifications of CITY Contract No. 3242(A) as approved by the City Engineer. City shall release the Letter of Credit required by this AGREEMENT as follows: a. In the event that no roadway repair is required within the term of this AGREEMENT. b. There is security remaining, if any, after securing payment to the contractors, his or her subcontractors and to persons furnishing labor, materials or equipment for all required repair work, plus an amount reasonably determined by the City Engineer to be required to assure the performance of any other obligations secured by the settlement of Security. 0 0 8. Indemnity /Hold Harmless. During the three (3) year term of this AGREEMENT, CITY or any officer or employee thereof shall not be liable for any injury to persons or property arising from CONTRACTOR'S failure to meet the ninety -five percent (95 %) compaction specifications for the PROJECT or the acts or omissions of CONTRACTOR, its agents or employees in the performance of this AGREEMENT. CONTRACTOR further agrees to protect, defend, indemnify and hold harmless CITY, its officials and employees from any and all claims, demands, causes of action, liability, damages or loss of any sort, because of, or arising out of the reduced compaction, or uneven compaction of the roadway, or raveling of the pavement surface which may arise during the term of this AGREEMENT. 9. This AGREEMENT shall not affect or otherwise limit or supercede the one (1) year warranty of workmanship or materials required for all other work by CONTRACTOR on the PROJECT. IN WITNESS WHEREOF, CONTRATOR and CITY have executed this AGREEMENT as of the day and year first above written. CITY OF NEWPORT BEACH, R.J. NOBLE COMPANY a municipal corporation By: Mayor ATTEST: LaVonne Harkless, City Clerk APPROVED AS TO FORM: Robin L. Clauson, Assistant City Attorney 0 \ \mis_l\sys \usems pbw\shared \contracts \fy 98- 9%amboree rd. rehab o-3242- a\agreement guarantee - ri noble.doc C- 2��a <aj STATE OF CALIFORNIA — BUSINESSAANSPORTATION AND HOUSING AGENCY GRAY DAVIS, Governor DEPARTMENT OF TRANSPORTATION DESIGN AND LOCAL PROGRAMS P.O. BOX 942874, MS #1 SACRAMENTO, CA 94274 -0001 TDD (916) 654 -4014 (916) 654 -3151 Fax: (916) 654 -2409 July 19, 1999 File: 12- ORA- 0-NPTB STPLMA - 5151(010) IN THE CITY OF NEWPORT BEACH - JAMBOREE RD. FROM COAST HIGHWAY TO SAN JOAQUIN HILLS RD. Mr. Don Webb Director of Public Works City of Newport Beach P.O. Box 1768 Newport Beach, CA 92658 -8915 Attn: Mr. Fong Tse, Engineering Division Dear Mr. Webb: Enclosed is your fully executed copy of Program Supplement Agreement No. 008 -M to Administering Agency -State Agreement No. 12 -5151 covering: Construction for the above - referenced project. Enclosure: cc: OLP AE Project Files (12) DLAE- Alan Williams Sincerely, � HUGH G. BRADY, Chief /i Project Implementation Office of Local Program 'We'll Find a Way' EXCLTRFD.FRX r • PROGRAM SUPPLEMENT NO. M008 to ADMINISTERING AGENCY -STATE AGREEMENT FOR FEDERAL -AID PROJECTS NO. 12 -5151 • Date: June 02, 1999 Location: 12- ORA- 0-NPTB Project Number:STPLMA- 5151(010) E. A. Number: 12-931143 This Program Supplement is hereby incorporated into the Agency -State Agreement for Federal Aid which was entered into between the Agency and the State on 05/21/97 and is subject to all the terms and conditions thereof. This Program Supplement is adopted in accordance with Article I of the aforementioned Master Agreement under authority of Resolution No. �%q -7/', approved by the Agency on & -,2 8 _194,?(See copy attached). The Agency further stipulates that as a condition to payment of funds obligated to this project, it accepts and will comply with the covenants or remarks setforth on the following pages. PROJECT LOCATION: In the City of Newport Beach - Jamboree Rd. from Coast Highway to San Joaquin Hills Rd. TYPE OF WORK: Rehab (E) AC Roadway Pavement LENGTH: I (MILES) PROJECT CLASSIFICATION OR PHASE(S) OF WORK [ ] Preliminary Engineering [ ] Construction Engineering [ ] Right -Of -Way [X] Construction Estimated Cost Federal Funds Matching Funds $585,200.00 34B $151,609.00 LOCAL $433,591.00 $0.00 OTHER $0.00 CITY OF NEWPORT BEACH A STATE OF CALIFORNIA Department of Transportation Accounting t/ ;W V /) p/ uv� Date 2 - 9 �J $151,609.00 Chapter Statutes Item Year Program SC I Category F1 d Source AMOUNT 324 1998 2660- 101 -890 98 -99 .30.01 C 262040 892 -F 151,609.00 Program Supplement 12- 5151 -MOOS- ISTEA Page 1 of 2 j • • 12- ORA -0-NPTB 06/02/1999 STPLMA- 5151(010) SPECIAL COVENANTS OR REMARKS 1. The Local Agency will reimburse the State for their share of costs for work requested to be performed by the State. 2. The Local Agency agrees the payment of Federal funds will be limited to the amounts approved by the Federal Highway Administration in the Federal -Aid Project Agreement (PR -2) /Detail Estimate, or its modification (PR -2A) or the FNM -76, and accepts any increases in Local Agency Funds as shown on the Finance or Bid Letter or its modification as prepared by the Office of Local Programs Project Implementation. 3. The Local Agency will advertise, award and administer this project in accordance with the current Local Assistance Procedures Manual. 4. All maintenance, involving the physical condition and the operation of the improvements, referred to in Article III MAINTENANCE of the aforementioned Master Agreement will be the responsibility of the Local Agency and shall be performed at regular intervals or as required for efficient operation of the completed improvements. Program Supplement 12- 5151 - !2008- ISTEA Page 2 of 2 0 RESOLUTION NO. 99 - 47 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH TO ENTER INTO PROGRAM SUPPLEMENTAL AGREEMENTS WITH THE STATE OF CALIFORNIA FOR ARTERIAL HIGHWAY REHABILITATION PROGRAM PROJECTS THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DOES HEREBY RESOLVE, DETERMINE, AND ORDER AS FOLLOWS: WHEREAS, the City is eligible for Federal -aid construction funding under the Federal Highway Administration Arterial Highway Rehabilitation Program (AHRP); and WHEREAS, the projects approved for AHRP funding are known as San Joaquin Hills Road from Jamboree Road to MacArthur Boulevard, San Joaquin Hills Road from MacArthur Boulevard to Marguerite Avenue, Jamboree Road from East Coast Highway to San Joaquin Hills Road, and Irvine Avenue from Santiago Drive to Tustin Avenue: and WHEREAS, to obtain reimbursement for said projects, the City must enter into program supplements with the State of California and incorporate the program supplements into the City-State Agreement for Federal Aid, which was entered into between the City of Newport Beach and the State of California on May 21, 1997. NOW, THEREFORE, the City Council of the City of Newport Beach does hereby approve the Program Supplemental Agreements with the State of California for the AHRP Funding Projects, and authorizes its staff to execute the agreements. Adopted this 28Ch day of .rune 1999. Mayor ATTEST: City Clerk fumm�pbWiharodkeao udons%ahrp.dm STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH } I, LAVONNE M. HARELESS, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; that the foregoing resolution, being Resolution No. 99 -47, was duly and regularly introduced before and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 28th day of June, 1999, and that the same was so passed and adopted by the following vote, to wit: Ayes: Adams, Glover, Thomson, Debay, Ridgeway, Noyes, Mayor ONeil Noes: None Absent: None Abstain: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 29th day of June, 1999. (Seal) City Clerk of the City of Newport Beach, California 0 i CITY OF NEWPORT BEACH NOTICE INVITING BIDS Sealed bids may be received at the office of the City Clerk, 3300 Newport Boulevard, P.O. Box 1768 Newport Beach, CA 92658 -8915 until 11:00 a.m. on the 11th day of June. 1999, at which time such bids shall be opened and read for Jamboree Road Rehabilitation East Coast Highway to San Joaquin Hills Road Title of Project STPLMA 5151 (010) Contract No. 3242 -A $540.000.00 Engineer's Estimate Approved by Bill .. City Engineer CITY CLERK Prospective bidders may obtain one set of bid documents at no cost at the office of the Public Works Department, 3300 Newport Boulevard, P. O. Box 1768, Newport Beach, CA 92658 -8915. For further information, call Ed Wimmer, Project Manager at (949) 644 -3322. ,. , CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT JAMBOREE ROAD REHABILITATION EAST COAST HIGHWAY TO SAN JOAQUIN HILLS ROAD STPLMA (010) CONTRACT NO. 3242 -A TABLE OF CONTENTS NOTICE INVITING BIDS ..................................................................... ............................... Cover INSTRUCTIONS TO BIDDERS ................................................................... ..............................1 BIDDER'S BOND .......................................................................................... ..............................3 DESIGNATION OF SUBCONTRACTOR( S) ................................................. ..............................4 TECHNICAL ABILITY AND EXPERIENCE REFERENCES .......................... ..............................5 NON - COLLUSION AFFIDAVIT ..................................................................... ..............................6 NOTICE TO SUCCESSFUL BIDDER .......................................................... ..............................7 CONTRACT................................................................................................. ..............................8 LABOR AND MATERIALS BOND ................................................................ .............................14 FAITHFUL PERFORMANCE BOND ............................................................ .............................16 FEDERAL LOBBYING RESTRICTIONS ...................................................... .............................18 DISADVANTAGED BUSINESS ................................................................... .............................17 DBE GOAL FOR THIS PROJECT ............................................................... .............................20 SUBMISSION OF DBE INFORMATION ...................................................... .............................20 AWARD OF CONTRACT ............................................................................ .............................22 BUY AMERICA REQUIREMENTS ............................................................... .............................22 FEDERAL REQUIREMENTS FOR FEDERAL -AID CONSTRUCTION PROJECTS ..................23 REQUIRED CONTRACT PROVISIONS FOR FEDERAL -AID CONSTRUCTION CONTRACTS ................................................................. .............................25 EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION ........................ .............................37 DEBARMENT AND SUSPENSION CERTIFICATION ................................. .............................38 NONLOBBYING CERTIFICATION FOR FEDERAL -AID CONTRACTS ..... .............................39 I • • DISCLOSURE OF LOBBYING ACTIVITIES ............................................... .............................40 DBERECORDS ......................................................................................... .............................42 PERFORMANCE OF DBE SUBCONTRACTORS AND SUPPLIERS ......... .............................43 LOCAL AGENCY BIDDER -DBE INFORMATION ....................................... .............................44 PROPOSAL........................................................................................... ............................... PR -1 SPECIAL PROVISIONS ........................................................................ ............................... SP -1 PROJECT INFORMATION SIGNS (OCTA Exhibit 15) FEDERAL PREVAILING WAGE RATES ................. ............................... .......................Appendix 0 0 PAGE 1 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT JAMBOREE ROAD REHABILITATION EAST COAST HIGHWAY TO SAN JOAQUIN HILLS ROAD STPLMA 5151 (010) CONTRACT NO. 3242 -A 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 TECHNICAL ABILITY AND EXPERIENCE REFERENCES NON - COLLUSION AFFIDAVIT FEDERAL REQUIREMENTS FOR FEDERAL -AID CONSTRUCTION PROJECTS EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION DEBARMENT AND SUSPENSION CERTIFICATION NONLOBBYING CERTIFICATION FOR FEDERAL -AID CONTRACTS DISCLOSURE OF LOBBYING ACTIVITIES LOCAL AGENCY BIDDER -DBE INFORMATION PROPOSAL Page 1 Page 3 Page 4 Page 5 Page 6 Page 23 Page 37 Page 38 Page 39 Page 40 Page 44 Page P -1 2. Cash, certified check or cashier's check (sum not less than 10% of the total bid price) may be received in lieu of the BIDDER'S BOND. The title of the project and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. 3. The City of Newport Beach will not permit a substitute format for the Contract Documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. 4. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. 5. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of total bid prices. 6. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of discrepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. t PAGE 2 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 in the office of the City Clerk. All parties to the contract shall be governed by all provisions of the California Labor Code relating to prevailing wage rates (Sections 1770 -7981 inclusive). 9. The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5 of the Labor Code Apprenticeship requirements and Section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act ". 10. All documents shall bear signatures and titles of persons authorized to sign on behalf of the bidder. For corporations, the signatures shall be of a corporate officer or an individual authorized by the corporation. For partnerships, the signatures shall be of a general partner. For sole ownership, the signature shall be of the owner. The signature below represents that the above has been reviewed. A- 121735 A Contractor's License No. & Classification R. J. NOBLE COMPANY Bidder ut rized Stgnature/Title JIM GRACE, PRESIDENT June 11, 1 Date POWER OF ATTORNEY FEDERAL INSURANCE COMPANY ATTN: SURETY DEPARTMENT 15 Mountain View Road, Warren, NJ 07059 Telephone: (908) 903 -2000 Fax No.: (908) 903 -3656 Know all Men by these Presents, That FEDERAL INSURANCE COMPANY, an Indiana Corporation, has constituted and appointed, and does hereby constitute and appoint Michael D. Stong, Rosemary Standley, Susan C. Monteon and Shawn Blume of Riverside, Calif ornia-------------------------------------- --------------------- -- -------- each its true and lawful Attomey -in -Fact to execute under such designation in its name and to affix its corporate seal to and deliver for and on its behalf as surety thereon or otherwise, bonds of any of the following classes, to -wit: 1. Bonds and Undertakings (other than Bail Bonds) filed in any suit, matter or proceeding in any Court, or filed with any Sheriff or Magistrate, for the doing or not doing of anything specified in such Bond or Undertaking. 2. Surety bonds to the United States of America or any agency thereof, including those required or permitted under the laws or regulations relating to Customs or Internal Revenue; License and Permit Bonds or other indemnity bonds. under the laws, ordinances or regulations of any State, City, Town, Village, Board or other body or organization, public or private; bonds toTransportation Companies, Lost Instrument Bonds; Lease Bonds, Workers' Compensation Bonds, Miscellaneous Surety Bonds and bonds on behafi of Notaries Public, Sheriffs, Deputy Sheriffs and similar public officials. 3. Bonds on behalf of contractors in connection with bids, proposals or contracts. In Witness Whereof, the said FEDERAL INSURANCE COMPANY has, pursuant to its By -Laws, caused these presents to be signed by its Vice President and Assistant Secretary and its corporate seal to be hereto affixed this loth da l elor, , er 19 95 Q6rpotate S €a(L. FEDERAL INSURANCE COMPANY .: BY N. t.._ )Qy�{' /' JU,n J 'Kenneth C. Wendel Gerardo G. Mauriz Assistant Secretary Vice President STATE OF NEW JERSEY L ss, County of Somerset f On this loth day of November 19 95, before me personally came Kenneth C. Wendel to me known and by me known to be Assistant Secretary of FEDERAL INSURANCE COMPANY, the corporation described in and which executed the foregoing Power of Attorney, and the said Kenneth C. Wendel being by me duly sworn, did depose and say that he is Assistant Secretary of FEDERAL INSURANCE COMPANY and knows the corporate seal thereof; that the seal affixed to the foregoing Power of Attomey is such corporate seal and was thereto affixed by authority of the By -Laws of said Company, and that he signed said Power of Attomey as Assistant Secretary of said Company by like authority; and that he is acquainted with Gerardo G. Mauriz and knows him to be the Vice President of said Company, and that the signature of said Gerardo G. Mauriz subscribed to said Power of Attorney is in the genuine handwriting of said Gerardo G. Mauriz and was thereto subscribed by authority of said By- Laws and in deponent's presence. Notarial _Seal Acknowledged and Sworn to before me ` on the date above written: I % Notary Public IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM, VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER, PLEASE WRITE TO US AT THE ADDRESS LISTED ABOVE. Fw 1510-0134 (A w.9 -94) GENERAL Notary Pubic 0 CERTIFICATION STATE OF NEW JERSEY 1 ss. County of Somerset J 0 I, the undersigned, Assistant Secretary of FEDERAL INSURANCE COMPANY, do hereby certify that the following is a true excerpt from the By -Laws of the said Company as adopted by its Board of Directors and that this By -Law is in full force and effect. "ARTICLE XVIII. Section 2. All bonds, undertakings, contracts and other instruments other than as above for and on behalf of the Company which it is authorized by law or its charter to execute, may and shall be executed in the name and on behalf of the Company either by the Chairman or the Vice Chairman or the President or a Vice President, jointly with the Secretary or an Assistant Secretary, under their respective designations, except that any one or more officers or attomeys- in-fact designated in any resolution of the Board of Directors or the Executive Committee, or in any power of attorney executed as provided for in Section 3 below, may execute any such bond, undertaking or other obligation as provided in such resolution or power of attorney. Section 3. All powers of attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company, either by the Chairman or the Vice Chairman or the President or a Vice President or an Assistant Vice President, jointly with the Secretary or an Assistant Secretary, under their respective designations. The signature of such officers may be engraved, printed or lithographed. The signature of each of the following officers: Chairman, Vice Chair- man, President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Assistant Secretaries or Aftomeys -in -Fad for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signa- ture and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached." I further certify that said FEDERAL INSURANCE COMPANY is duly licensed to transact fidelity and surety business in each of the States of the United States of America, District of Columbia, Puerto Rico, and each of the Provinces of Canada with the exception of Prince Edward Island; and is also duly licensed to become sole surety on bonds, undertakings, etc., permitted or required by the law. 1, the undersigned Assistant Secretary of FEDERAL INSURANCE COMPANY, do hereby certify that the foregoing Power of Attorney is in full force and effect. L, ; C Given under my hand and the seal of said Company at Warren, N.J., this d6 t day of 19! Assistant Secretary CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT JAMBOREE ROAD REHABILITATION EAST COAST HIGHWAY TO SAN JOAQUIN HILLS ROAD STPLMA 5151 (010) CONTRACT NO. 3242 -A DESIGNATION OF SUBCONTRACTOR(S) PAGE State law requires the listing of all subcontractors who will perform work in an amount in excess of one -half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor represents that he /she is fully qualified to and will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accordance with State law and /or the Standard Specifications for Public Works Construction, as applicable. Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. The Bidder, by signing this designation, certifies that bids from the following subcontractors have been used in formulating the bid for the project and that these subcontractors will be used subject to the approval of the Engineer and in accordance with State law. No changes may be made in these subcontractors except with prior approval of the City of Newport Beach. Subcontract Work Subcontractor Address 1 Electrical Traffic Loops & 946 S. EmeraldSt. Cracktilling Inc. Anaheim, CA 92804 2, Manholes Ramirez Construction 20815 Curriar RA_ Walnut, CA 91789 3. Cold Milling Pavement Recycling P.O. Box 1266 Systems, Inc. Riverside, CA 92502 4. Striping Orange County Striping 183 N. Pixley Orange, CA 92868 5. Survey C_& C Engineering 17 Corporate Plaza Dr. 11120 _ _ Newport Beach, CA 92660 6. Crackfilling Rubberized Crackfiller 800 E. Walnut Ave. Sealant Inc. Fullerton, CA 92831 7. 8. 9. 10, R. J. NOBLE COMPANY Bidder W orized Signature/Title JIM GRACE, PRESIDENT CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT JAMBOREE ROAD REHABILITATION EAST COAST HIGHWAY TO SAN JOAQUIN HILLS ROAD STPLMA (010) CONTRACT NO. 3242 -A TECHNICAL ABILITY AND EXPERIENCE REFERENCES PAGE 5 The undersigned submits herewith a statement of the work of similar character to that proposed herein which he /she has performed and successfully completed. Year Project Person Telephone Completed Name /Agency To Contact Number 3/99 CALTRANS AL SOLEHJOU 714 -556 -9416 NYES PLACE TO MYRTLE ST., ORANGE COUNTY 1/99 CITY OF LAGUNA BEACH JOE CHIQUETE 714 - 497 -3311 OCEAN VISTA / WESLEY PLACE 1/99 CITY OF LA PALMA ISMILE NOORBAKSH 714 -523 =7700 PAVEMENT REHAB. OF RESIDENTIAL STREETS ST 216 3/99 CITY OF FULLERTON RON BOWERS 714 - 738 -6322 RESIDENTIAL STREET RECONSTRUCTION 4/99 CITY OF SANTA ANA BILL ALBRIGHT 714 -565 -4028 17th ST. REHAB. BROADWAY TO BRISTOL 10/98 CITY OF YORBA LINDA FERNANDO SALDIVAR 714 - 961 -7100 PAVEMENT RESURFACING & SLURRY SEAL PROGRAM 11/98 CITY OF NEWPORT BEACH 949 - 664 -3311 , AVENCE ST. RECONSTRUCTION RIVEP 11/98 CITY OF BUENA PARK NABIL 714 -562 -3500 R. J. Bidder VALLEY VIEW REHAB. FROM CAB NOBLE COMPANY LERO RTESI yz'1- � Au orized Signature(Title M GRACE, PRESIDENT 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT JAMBOREE ROAD REHABILITATION EAST COAST HIGHWAY TO SAN JOAQUIN HILLS ROAD STPLMA 5151 (010) CONTRACT NO. 3242 -A NON - COLLUSION AFFIDAVIT State of California ) ) ss. County of ORANGE ) PAGE 6 JIM GRACE being first duly sworn, deposes and says that he or she is VICE PRESIDENT Of R. J. NOBLE COMPANY ,the party making the foregoing bid; that the bid is not made in the interest of, or on 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 California that the foregoing is true and correct. R. J. NOBLE COMPANY Bidder t rized SignaturefTitle IM GRACE, PRESIDENT Subscribed and sworn to before me this 1 It of June [SEAL) 19 99. Notary Public My •`� iVS.t . GROSKOPF My Commission Expires: �;.,;, �,." COt✓1M. #1130198 0 ° = � - NOTARY PUBLIC- CALIFOflNIA o (7 � GRANGE COUNTY A MY 6erNm, �xp, April 21, 2001 �} 0 0 PAGE 7 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT JAMBOREE ROAD REHABILITATION EAST COAST HIGHWAY TO SAN JOAQUIN HILLS ROAD STPLMA 5151 (010) CONTRACT NO. 3242 -A 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 of receipt Notice of Award to the successful bidder: • CONTRACT • LABOR AND MATERIALS PAYMENT BOND • FAITHFUL PERFORMANCE BOND • CERTIFICATE(S) OF INSURANCE • GENERAL LIABILITY INSURANCE ENDORSEMENT • AUTOMOBILE LIABILITY INSURANCE ENDORSEMENT The City of Newport Beach will not permit a substitute format for these Contract Documents. Bidders are advised to review their content with bonding, insuring and legal agents prior to submission of bid. The Labor and Materials Payment Bond and Faithful Performance Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. Pursuant to Public Contract Code Section 22300, appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract Insurance companies affording coverage shall be (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) assigned Policyholders' Rating A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property- Casualty. Coverages shall be provided as specified in the Standard Specifications for Public Works Construction, except as modified by the Special Provisions. Certificates of Insurance and additional insured endorsements shall be on the insurance company's forms, fully executed and delivered with the Contract. The Notice to Proceed will not be issued until all contract documents have been received and approved by the City. Y PAGE 8 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT JAMBOREE ROAD REHABILITATION EAST COAST HIGHWAY TO SAN JOAQUIN HILLS ROAD STPLMA 5151 (010) CONTRACT NO. 3242 -A CONTRACT THIS AGREEMENT, entered into this 28th day of June, 1999, by and between the CITY OF NEWPORT BEACH, hereinafter "City," and R. J. Noble Company, hereinafter "Contractor," is made with reference to the following facts: WHEREAS, City has advertised for bids for the following described public work: JAMBOREE ROAD REHABILITATION EAST COAST HIGHWAY TO SAN JOAQUIN HILLS ROAD STPLMA 5151 (010) Project Description 3242 -A 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. 3242 -A, 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. 0 9 PAGE 9 C. COMPENSATION As full compensation for the performance and completion of the Project as required by the Contract Documents, City shall pay to Contractor and Contractor accepts as full payment the sum of four hundred twent -four thousand, five hundred thirty -seven and 50/100 Dollars ($424,537.50). 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: Ed Wimmer (949) 644 -3322 F. LABOR CODE 3700 LIABILITY INSURANCE hereby certifies: R. J. Noble Company 15505 E. Lincoln Avenue Orange, CA 92865 Attn: Jim Grace, President (714) 637 -1550 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 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 E PAGE 10 insurer to bind coverage on its behalf. All certificates and endorsements are to be received and approved by City before work commences. City reserves the right to require complete, certified copies of all required insurance policies, at any time. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by Contractor, his agents, representatives, employees or subcontractors. The cost of such insurance shall be included in Contractor's bid. 1. Minimum Scope of Insurance Coverage shall be at least as broad as: a) Insurance Services Office Commercial General Liability coverage "occurrence" form number CG 0001 (Edition 11/85) or Insurance Services Office form number GL 0002 (Edition 1/73) covering Comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. b) Insurance Services Office Business Auto Coverage form number CA 0001 0187 covering Automobile Liability, code 1 "any auto" and endorsement CA 0029 1288 Changes in Business Auto and Truckers Coverage forms - Insured Contract. 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. 0 9 PAGE 11 4. Other Insurance Provisions The policies are to contain, or be endorsed to contain, the following provisions: a) General Liability and Automobile Liability Coverages City, its officers, officials, employees and volunteers are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of Contractor, including the insured's general supervision of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor; or automobiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded to City, its officers, officials, employees or volunteers. ii. Contractor's insurance coverage shall be primary insurance and /or primary source of recovery as respects City, its officers, officials, employees and volunteers. Any insurance or self- insurance maintained by City, its officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with it. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its officers, officials, employees and volunteers. iv. Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. v. The insurance afforded by the policy for contractual liability shall include liability assumed by contractor under the indemnification /hold harmless provision contained in this Contract. b) Workers' Compensation and Employers Liability Coverage The insurer shall agree to waive all rights of subrogation against City, its officers, officials, employees and volunteers for losses arising from work performed by Contractor for City. c) All Coverages Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, rescinded by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to City. 5. Acts of God Pursuant to Public Contract Code Section 7105, Contractor shall not be responsible for the repairing and restoring damage to Work, when damage is determined to have been proximately caused by an Act of God, in excess of 5 percent of the Contract 0 9 PAGE 12 amount provided that the Work damaged is built in accordance with the plans and specifications. 6. Right to Stop Work for Non - Compliance City shall have the right to offer the Contractor to stop Work under this Agreement and /or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements of this article. H. RESPONSIBILITY FOR DAMAGES OR INJURY City and all officers, employees and representatives thereof shall not be responsible in any manner: for any loss or damages that may happen to the Work or any part thereof; for any loss or damage to any of the materials or other things used or employed in performing the Work, for injury to or death of any person either workers or the public; or for damage to property from any cause arising from the construction of the work by Contractor, or its subcontractors, or its workers, or anyone employed by it. 2. Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to property resulting from defects, obstructions or from any cause arising from Contractor's work on the Project, or the work of any subcontractor or supplier selected by the Contractor. 3. Contractor shall indemnify, hold harmless, and defend City, its officers and employees from and against (1) any and all loss, damages, liability, claims, allegations of liability, suits, costs and expenses for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, property damages, or any other claims arising from any and all acts or omissions of Contractor, its employees, agents or subcontractors in the performance of services or work conducted or performed pursuant to this Contract; (2) use of improper materials in construction of the Work; or, (3) any and all claims asserted by Contractor's subcontractors or suppliers on the project, and shall include reasonable attorneys' fees and all other costs incurred in defending any such claim. Contractor shall not be required to indemnify City from the sole or active negligence or willful misconduct of City, its officers or employees. 4. To the extent authorized by law, as much of the money due Contractor under and by virtue of the Contract as shall be considered necessary by City may be retained by it until disposition has been made of such suits or claims for damages as aforesaid. 5. Nothing in this article, nor any other portion of the Contract Documents shall be construed as authorizing any award of attorneys' fees in any action to enforce the terms of this Contract, except to the extent provided for in H.3, above. 6. The rights and obligations set forth in this Article shall survive the termination of this Contract. EFFECT OF CONTRACTOR'S EXECUTION Execution of this Contract and all other Contract Documents by Contractor is a representation that Contractor has visited the Project Site, has become familiar with the local conditions under which the work is to be performed, and has correlated all relevant observations with the requirements of the Contract Documents. • • Page 13 J. CONFLICT If there is a conflict between provisions of this Contract and any other Contract Document, the provisions of this Contract shall prevail. K. WAIVER A waiver by City or any term, covenant, or condition in the Contract Documents shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the day and year first written above. APP E AS TO FORM: CITY ATTORNEY CITY OF NE PORT BEACH A Municip oration By: is D. O'Neil, Mayor J. NOBLE COMPANY fhorize�r Signature and Title JIM 6RACE, PRESIDENT f: Wsers\ pbvAsharedlcontract\masters\formal contract master.doc 06/23/99 10 0 State of CALIFORNIA County of ORANGE On JULY 7, 1999 before me, IDATEI M.A. GROSKOPF (NAMEITITLE OF OFFICER i.e. -JANE DOE, NOTARY PUBLIC -) personally appeared JIM GRACE, PRESIDENT (NAMEIS) OF SIGNERISI) OF R. J. NOBLE COMPANY W personally known to me -OR- ❑ GROSKOPF COMM. #1130198 0 NOTARY PUBLIC•cAWFORMA =j ORANOECOUI My Cgm1n. 8 w, Apr 21,200t (SEALI proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrumentthe person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. ATTENTION NOTARY The information requested below and in the column to the right is OPTIONAL. Recording of this document is not required by law and is also optional. It could, however, prevent fraudulent attachment of this certificate to any unauthorized document. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Title or Type of Document Number of Pages Date of Document Signerfs) Other Than Named Above WOLCOTTS FORM 63240 Rev. 3.94 (Price clean 8-2A1 01994 WOLCOTTS FORMS, INC. ALL PURPOSE ACKNOWLEDGMENT WITH SIGNER CAPACITYMEPRESENTATIONRVJO FINGERPRINTS RIGHT THUMBPRINT (Optional) 0 0 CAPACITY CLAIMED BY SIGNERIS) D INDIVIDUALS) MCORPORATE _.. OFFICER(S) DPARTNERIS) ❑LIMITED ❑GENERAL ❑ATTORNEY IN FACT OTRUSTEE(S) D G UARD IAN /CONSERVATOR ❑OTHER: SIGNER IS REPRESENTING: blame of Person(,) or Entitylies) R. J. NOBLE COMPANY RIGHT THUMBPRINT (Optional) 0 s CAPACITY CLAIMED BY SIGNERIS) DINDIVIDUALS) OCORPORATE OFFICER(S) (TITUE91 DPARTNERIS) ❑LIMITED DGENERAL DATTORNEY IN FACT OTRUSTEE(S) O G UARD IAN /CONSERVATOR ❑OTHER: SIGNER IS REPRESENTING: (Name of Person(s) or Entitylied 11119I II63240 11118 POWER OF ATTORNEY FEDERAL INSURANCE COMPANY ATTN: SURETY DEPARTMENT 15 Mountain View Road, Warren, NJ 07059 Telephone: (908) 903 -2000 Fax No.: (908) 903 -3656 Know all Men by these Presents, That FEDERAL INSURANCE COMPANY, an Indiana Corporation, has constituted and appointed, and does hereby constitute and appoint Michael D. Stong, Rosemary Standley, Susan C. Monteon and Shawn Blume of Riverside, each its true and IawfulAttomey -in -Fact to execute under such designation in its name and to affix its corporate seal to and deliver for and on its behalf as surety thereon or otherwise, bonds of any of the following classes, to -wit: 1. Bonds and Undertakings (other than Bail Bonds) filed in any suit, matter or proceeding in any Court, or filed with any Sheriff or Magistrate, for the doing or not doing of anything specified in such Bond or Undertaking. 2. Surety bonds to the United States of America or any agency thereof, including those required or permitted under the laws or regulations relating to Customs or Internal Revenue; License and Permit Bonds or other indemnity bonds under the laws, ordinances or regulations of any State, City, Town, Village, Board or other body or organization, public or private; bonds to Transportation Companies, Lost Instrument Bonds; Lease Bonds, Workers' Compensation Bonds, Miscellaneous Surety Bonds and bonds on behalf of Notaries Public, Sheriffs, Deputy Sheriffs and similar public officials. 3. Bonds on behalf of contractors in connection with bids, proposals or contracts. In Witness Whereof, the said FEDERAL INSURANCE COMPANY has, pursuant to its By- laws, caused these presents to be signed by its Vice President and Assistant Secretary and its corporate seal to be hereto affixed this loth Assistant Secretary 95 STATE OF NEW JERSEY SS, I County of Somerset FEDERAL INSURANCE COMPANY BY &U, �J. Yhr Gerardo G. Mauriz Vice President On this 10th day of November 19 95, before me personalty came Kenneth C. Wendel to me known and by me known to beAssistant Secretary of FEDERAL INSURANCE COMPANY, the corporation described in and which executed the foregoing Power of Attorney, and the said Kenneth C. Wendel being by me duly sworn, did depose and say that he is Assistant Secretary of FEDERAL INSURANCE COMPANY and knows the corporate seal thereof; that the seal affixed to the foregoing Power ofAttomey is such corporate seal and was thereto affixed by authority of the By -Laws of said Company, and that he signed said Power of Attorney asAssistant Secretary of said Company by like authority; and that he is acquainted with Gerardo G. Mauriz and knows him to be the Vice President of said Company, and that the signature of said Gerardo G. Mauriz subscribed to said Power of Attorney is in the genuine handwriting of said Gerardo G. Mauriz and was thereto subscribed by authority of said By- Laws and in deponents presence. Notarial Seal Acknowledged and Sworn to before me on the date above written:" Notary Public IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM, VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER, PLEASE WRITE TO US AT THE ADDRESS LISTED ABOVE. Fpm 1510-0134 (Rev.9-90) GENERAL Notary Pub.ic fir; Commission E; .e _,. 0 CERTIFICATION STATE OF NEW JERSEY t ss. County of Somerset f 0 I, the undersigned, Assistant Secretary of FEDERAL INSURANCE COMPANY, do hereby certify that the following is a true excerpt from the By -Laws of the said Company as adopted by its Board of Directors and that this By -Law is in full force and effect. I_Ti>rfN��Pltl� Section 2. All bonds, undertakings, contracts and other instruments other than as above for and on behalf of the Company which it is authorized by law or its charter to execute, may and shall be executed in the name and on behalf of the Company either by the Chairman or the Vice Chairman or the President or a Vice President, jointly with the Secretary or an Assistant Secretary, under their respective designations, except that any one or more officers or attomeys -in -fact designated in any resolution of the Board of Directors or the Executive Committee, or in any power of attorney executed as provided for in Section 3 below, may execute any such bond, undertaking or other obligation as provided in such resolution or power of attorney. Section 3. All powers of attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company, either by the Chairman or the Vice Chairman or the President or a Vice President or an Assistant Vice President, jointly with the Secretary or an Assistant Secretary, under their respective designations. The signature of such officers may be engraved, printed or lithographed. The signature of each of the following officers: Chairman, Vice Chair- man, President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Assistant Secretaries or Attomeys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signa- ture and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached" I further certify that said FEDERAL INSURANCE COMPANY is duly licensed to transact fidelity and surety business in each of the States of the United States of America, District of Columbia, Puerto Rico, and each of the Provinces of Canada with the exception of Prince Edward Island; and is also duly licensed to become sole surety on bonds, undertakings, etc., permitted or required by the law. I, the undersigned Assistant Secretary of FEDERAL INSURANCE COMPANY, do hereby certify that the foregoing Power of Attorney is in full force and effect. �y� /,� Given under my hand and the seal of said Company at Warren, N.J., this 'V) day of J 191 1 . i �7 Assistant Secretary A CORD WE (MM,DEJYY) 07/02/1999 (949) 788 -0007 FAX (949) 788 -0072 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Millennium Risk Management & Insurance Services HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 7700 Irvi ne Center Drive ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Suite 505 COMPANIES AFFORDING COVERAGE Irvine, CA 92618 COMPANY Lexington Insurance Co. /WW Ate' Darlene Owens Ext: 231 A INSURED COMPANY Safeco Insurance Company R. J. Noble Co. 15505 Lincoln Avenue COM`PANY Legion Insurance / Douglas P. 0. Box 620 Orange, CA 92865 COMPANY D . :ix THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TypE OF INSURANCE POLICY NUMBER LTR POLICY EFFECTIVE POLICY EXPIRATION. LIMITS DATE (MMIDDfM DATE (MMMWY) GENERAL LIABILITY ' GENERAL AGGREGATE S 2 , 000 , DDO ....... X COMMERCIAL GENERAL LIABILITY ............. ..... ...................... _._._ ................. ._ _._.._........ PRODUCTS- COMP /OP AGO $ 1,000,600 CLAIMS MADE X OCCUR A ..:::.:........ ...... 5357086 PERSONAL &ADV INJURY $ 1 000 000 : 07/01/1999 07/01/ 2000 ;......................._........................ ...............r.........,..... .. X OWNER'S & CONTRACTOR'S PROT EACH OCCURRENCE $ 1, 000 , 000 D FIRE DAMAGE (Any One fire)_.... S.. SO , 000 k .._ ... .................... ..._...._.....................' _. _.. ;......... ............__................. ........... MED EXP(Any One person) S Excluded AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ X ANY AUTO 1,000,000 ALL OWNED AUTOS - BODILY INJURY S SCHEDULEDAUTOS (PW Pelsal) B BA8160306 07/01/1999 07/01/2000: X HIRED AUTOS BODILY INJURY $ X NON -OWNED AUTOS (P"WdEent) .............................. ..............................: ' [ PROPERTY DAMAGE S GARAGE LIABILITY :AUTO ONLY - EA ACCIDENT S ANY AUTO : OTHER THAN AUTO ONLY. EACH ACCIDENT S '....................... .. ... ....................... ............................... _............... AGGREGATE $ EXCESS LIABILITY EACH OCCURRENCE S ........ UMBRELLA FORM .................... ____ ............... .... ....... ....... .................. :AGGREGATE $ OTHER THAN UMBRELLA FORM $ WORKERS COMPENSATION AND X TORY LIMITS ER EMPLOYERS' LIABILITY _f C WC3- 0987427 EL EACH ACCIDENT 07 01/1999 07/01/ 2000 :" - - - — 1,000,_000 / THE PROPRIETOW i INCL . EL DISEASE - POLICY LIMIT S 1,000,000 PARTNERS(EXECUTME OFFICERS ARE: EXCL EL DISEASE - EA EMPLOYEE $ 1,000,000 OTHER DESCRIPTION OF OPERATIONS/LOCATION HICLESISPECIAL ITEMS ertificate Holder is named Additional Insured /Primary as respects General Liability per endorsement G 20 10 11/85 / RE: East Coast Highway to San Joaquin Hills Road i Contract #3242 -A 10 day notice of CANCELLATION in the event of non - payment of premium. .: SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL X MAIL City of Newport Beach, its officers, Officials, employees and volunteers , :In DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Public Works Department RXN4N06fXXKafXX 3300 Newport Boulevard XXXXXX AUTHORIZED REPRESENTATIVE Newport Beach, CA 92658 -8915 Darlene Owens CQ/ „ .:• -o r. < ^� i ;1RH�i t96 C )C t, '..`�R , -7 1-, City of Newport Beach, its officers, Certificate issued to City of Newport Beach, its officers, 07/13/1999 Millennium Risk Management & Insurance Services Policy #5357086 Additional Insured: City, its officers, officials, employees and volunteers are to be covered as additional insureds as respects liability arising out of activities performed by or on behalf of Contractor, including the insured's general supervision of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor; or automobiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded to City, its officers, officials, employees or volunteers. 0 Policy Number 5357086 Commercial General Liability THIS ENDORSEMENT CHANGES THE POLICY - PLEASE READ IT CAREFULLY ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART: SCHEDULE Name of Person or Organizations: City of Newport Beach, its officers, officials, employees and volunteers Public Works Department 3300 Newport Boulevard Newport Beach, CA 92658 -8915 RE: East Coast Highway to San Joaquin Hills Road / Contract #3242 -A (If no entry appears above, Information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) Is amended to Include as an Insured the person or organization shown in the Schedule, but only with respects to liability arising out of your woW for that Insured by or for you. "IT IS FURTHER AGREED THAT SUCH INSURANCE AS IS AFFORDED BY THIS POLICY FOR THE BENEFIT OF THE ADDITIONAL INSURED SHOWN ABOVE SHALL BE PRIMARY INSURANCE, BUT ONLY AS RESPECTS ANY CLAIMS, LOSS OR LIABILITY ARISING DIRECTLY OR INDIRECTLY FROM THE NAMED INSUREDS OPERATIONS ON THIS PROJECT AND ANY INSURANCE MAINTAINED BY THE ADDITIONAL INSURED SHALL BE NON - CONTRIBUTING WITH THE INSURANCE PROVIDED HEREUNDER." CG 20 10 11 85 Copyright Insurance Services Office, Inc. 1984 C, Policy Number 5357086 G Commercial General Liability THIS ENDORSEMENT CHANGES THE POLICY - PLEASE READ IT CAREFULLY ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART: SCHEDULE Name of Person or Organizations: City, its officers, officials, employees and volunteers are to be covered as additional insureds as respects liability arising out of activities performed by or on behalf of Contractor, including the insured's general supervision of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor; or automobiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded to City, its officers, officials, employees or volunteers. Public Works Department 3300 Newport Boulevard Newport Beach, CA 92658 -8915 RE: East Coast Highway to San Joaquin Hills Road / Contract #3242-A (If no entry appears above, information required to complete this endorsement will be shown In the Declarations as applicable to this endorsement.) WHO IS AN NSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respects to liability arising out of your work' for that insured by or for you. 111:4VAI &'PIe7�3!11;IeA "9T IS FURTHER AGREED THAT SUCH INSURANCE AS IS AFFORDED BY THIS POLICY FOR THE BENEFIT OF THE ADDITIONAL INSURED SHOWN ABOVE SHALL BE PRIMARY INSURANCE, BUT ONLY AS RESPECTS ANY CLAIMS, LOSS OR LIABILITY ARISING DIRECTLY OR INDIRECTLY FROM THE NAMED INSUREDS OPERATIONS ON THIS PROJECT AND ANY INSURANCE MAINTAINED BY THE ADDITIONAL INSURED SHALL BE NON - CONTRIBUTING WITH THE INSURANCE PROVIDED HEREUNDER." CG 20 10 11 85 Copyright Insurance Services Office, Inc. 1984 e SAFECO' POLICY NUMBER: BA8160306 COMMERCIAL AUTO THV; ENDORSEMENT CHANGESTHE POLICY. PLEASE READ IT CAREFULLY. INSURED CONTRACT ENDORSEMENT TIA endorsement modifies Insurance Provided under the foll0whT BUSINESS AUTO COVERAGE FORM VVM respect to coverage provided by this erdorsertrent: the providons of the Coverage Form apply unless modified by the endorsement. 1. BLANKET WAVER OF SUBROGATION Section IV — BUSINESS AUTO CONDITIONS A.5 Is amended by fie addition of the following: we waive any right of recovery we may have against . any person or organization because or paymeMa.:. We make for 'bodily iniuny' or yroperty damage"; arising out lithe opera9on of a covered'auW when A you have assrxned liability for such 'bodity, IrW or'prorarty dernage" under an 'insured contmcL' 2. BLANIM This in A.marrae Is considered Primary and we. will. ; -:: riot soak conbipution from any other insurance omnaws to you for any person or organization for whom you are required under an Insured contract" b provide insurance. but only to Ina extent that fits Is provided under Section IV — BUSINESS AUTO CONDITIONS B.S. Other Irmnance. Any. person or organization for whom you are required under an 'Insured contract" to provide insurance is considered an Insured' for !lability Coverage, but only to the extent that piprson:or organization quaNW as an lnmged'urd*Wlhe VVho Is An insured provision contahad In section n of 1he Coverage Form. 4: PRIOR NOTICE OF CANCELLATION .h the:err'ertrofeancellatlorr,or redrkibn irrlha:Urrrits of InoNr nce.oNha coverage "Farm, we_wlll�11 at (east Uty'rfyi .(� days Prior wrHten rrotiCe° fo any person or,crgerazanon for whom you-are required to provide soon notice under an'Ineured contract." provided rt l tatly4tve (4b? days prior at to the canceillation or reduction. City, its officers, officials, employees and volunteers are to be covered as additional Insureds as respects liability arising out of activities performed by or on behalf of Contractor, including the Insured's general supervision of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor; or automobiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded to City, its officers, officials, employees or volunteers. Public Works Department 3300 Newport Boulevard Newport Beach, CA 92658 -8915 RE: E,rst Coast Highway to San Joaquin Hills Road / Contract #3242 -A eA MAI IM7 GRage"Md uademuek of SAFELO UM0M%on ... . ,J .:.,• , . , . ,. 0 ENDORSEMENT Policy Number: WC3 -0987427 Company: Legion Insurance Effective: 07/01/99 to 07/01/00 WAIVER OF SUBROGATION IT IS AGREED THAT WE WAIVE ANY RIGHT OF RECOVERY WE MAY HAVE AGAINST THE PERSON OR ORGANIZATION SHOWN IN THE SCHEDULE BECAUSE OF PAYMENT WE MAKE FOR INJURY OR DAMAGE ARISING OUT OF "YOUR WORK" DONE UNDER A CONTRACT WITH THAT PERSON OR ORGANIZATION. SCHEDULE NAME OF PERSON OR ORGANIZATION City, its officers, officials, employees and volunteers Public Works Department 3300 Newport Boulevard Newport Beach, CA 92658 -8915 RE: East Coast Highway to San Joaquin Hills Road / Contract 93242-A Date: 7 /1/99 Authorized Signature: JUL IC UU iiUra U9m59 HIT rHA NU. r. UI CAL- SURANCE -------------------------------------------------------------- COMMERCIAL. DEPARTMENT FAX COVER SHEET ------•---------------------------------------------------- - - - - -- DATE- 7/12/1999 TIME: 9:44 A.M. TOTAL NO. OF PAGES INCLUDING COVER (a) TO FROM -------------------------------------------------------------- FAX NO.: (949)644 -3305 FAX NO.: (714)939 -1654 COMPANY: City of Newport Beach SENDER: Celia James ATTENTION: Shaun Oyler PHONE NO.: (714)940 -6826 RE: Certificate of Insurance - R. J. Noble Company Dear Shauna: Enclosed Is the checked certificate on the above - captioned gontractor. Please note that all requirem ants are met by this contractor except their General Uability carrier Is a surplus lines only, in other words, they are a non-admitted carrier In California. You might Want to discuss this with Lauren, since their Best Rating is A++:Xlll. Should you have any questions with regards to this certificate, feel free to give us a call. Thank you. Celia 0 ol/---- 333 City Dnulavard Wert. Ornngn, CA 928GR • P.O. Hex 7046 , Orange. CA 92803-7048 • 711.939.0800 • 711 tW -IG54 JUL -tC -Zld Vr, UJ :" HP ran u. 0 • CAL- SURANCE CERTIFICATE OF INSURANCE CHECKLIST CITY OF NEWPORT BEACH THIS CHECKLIST IS COMPRISED OF REQUIREMENTS AS OUTLINED ABY THE CITY OF NEWPORT BEACH. DATE RECEIVED: OB 99 DEPARTMENT /CONTACT RECEIVED FROM:�fJtmjs 0-99 DATE COMPLETED: O Q SENT TO: t: UN BY:�,�L /A COMPANY/PERSON REQUIRED TO HAVE CERTIFICATE: /?. S W LE 1SAZ .0Qy GENERAL LIABILITY: A. INSURANCE COMPANY: a.X 1AJ&76A1 fA SU;ZX/Jd,6 M- B. AM BEST RATING (A VIL or grcalcr):: J�( /1 _ _ C. ADMITTED COMPANY: (Mast be California Admitted) Iscompanyldmixted ui California? Yes_ No)[ D. LIMITS: (Must be $1.000.000 or greater) What is limit provided ? / Q00_ _ E. PRODUCTS AND COMPLETED OPERATIONS: (Must Include) Is it included? Ycs No_ F. ADDITIONAL INSURDED WORDI G TO INCLUDE: (The, City its olficers. agents, officials, employees and volunteers). Is it included? Yes No G. PRIMARY AND NON CONTRIBUTORY WORDING: (Must be included) Is it included? Yes / No_ H. CAUTION! ( Confirm that loss or liability of die Named insured is not limited solgly by their negligence.) Does endorsement include 'solely by negligence" wording? Yes No ✓ 1. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation certified mail. per Lauren Farley the City will accept the endeavor wording. 11. AUTOMOBILE LIABILITY A INSURANCE COMPANY: 9AR060 JAI S) hfa B. AM BEST RATING (A VII or greater): C. ADMITTED COMPANY: ( MUST BE CALIFORNIA ADMITTED) Is company admitted'l Yes ✓ No D. LIMITS: ( Must he $1,000.000 minimum BI & PD and $500,000 UM) What is limits provided? QQIprQQ� E. ADDITIONAL INSURED WORDIN TO INCLUDE: (Tlic City its officers ,agents. officials, employees and volunteers). Is it included? Yes V No_ F. PRIMARY AND NON CONTRIBUTORY WORDING: (Must be included). Is it included? Ycs ✓ No_ 3. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation certified mail; per Lauren Earley the City will accept the endeavor wording. Ill. WORKERS COMPENSATION: A. INSURANCE COMPANY: LcriIOAI IA1>rURAMM B. AM BEST RATING (A VII or greater) : W/ C. LIMITS: Statutory 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? PAGE 18 FEDERAL LOBBYING RESTRICTIONS Section 1352, Title 1352, Title 31, United States Code prohibits Federal funds from being expended by the recipient or any lower tier subrecipient of a Federal -aid contract to pay for any person for influencing or attempting to influence a Federal agency or Congress in connection with the awarding of any Federal -aid contract, the making of any Federal grant or loan, or the entering into of any cooperative agreement. If any funds other than Federal funds have been paid for the same purposes in connection with this Federal -aid contract, the recipient shall submit an executed certification and, if required, submit a completed disclosure form as part of the bid documents. A certification for Federal -aid contracts regarding payment of funds to lobby Congress or a Federal agency is included in the Proposal. Standard Form - LLL, "Disclosure of Lobbying Activities," with instructions for completion of the Standard Form is also included in the Proposal. Signing the Proposal shall constitute signature of the Certification. The above referenced certification and disclosure of lobbying activities shall be included in each subcontract and any lower -tier contracts exceeding $100,000. All disclosure forms, but not certifications, shall be forwarded from tier to tier until received by the Engineer. The Contractor, subcontractors and any lower -tier contractors shall file a disclosure form at the end of each calendar quarter in which there occurs any event that requires disclosure or that materially affects the accuracy of the information contained in any disclosure form previously filed by the Contractor, subcontractors and any lower -tier contractors. An event that materially affects the accuracy of the information reported includes: (1) A cumulative increase if $25,000 or more in the amount paid or expected to be paid for influencing or attempting to influence a covered Federal action; or (2) A change in the person(s) or individual(s) influencing or attempting to influence a covered Federal action; or (3) A change in the officer(s), employees(s), or Member(s) contacted to influence or attempt to influence a covered Federal Action. DISADVANTAGED BUSINESS This project is subject to Part 23, Title 49, Code of Federal Regulations entitled "Participation By Minority Business Enterprise In Department of Transportation Programs." The Regulations in their entirety are incorporated herein by this reference. Bidders shall be fully informed respecting the requirements of the Regulations and the Department's Disadvantaged business (DBE) program developed pursuant to the Regulations; particular attention is directed to the following matters: (a) A DBE must be a small business concern as defined pursuant to Section 3 of U.S. Small Business Act and relevant regulations promulgated pursuant thereto; (b) A DBE bidder, not bidding as a joint venture with a non -DBE, will be required to meet the DBE goal through subcontracting or material purchases or make good faith effort to do so; PAGE 19 (c) A DBE may participate as a subcontractor, joint venture partner with a prime or subcontractor, or vendor of material or supplies; (d) A DBE joint venture partner must be responsible for specific contract items of work, or portions thereof. Responsibility means actually performing, managing and supervising the work with its own forces. The DBE joint venture partner must share in the ownership, control, management responsibilities, risks and profits of the joint venture. The DBE joint venturer must submit the joint venture agreement, and either Schedule B of the Regulations or California Department of Transportation Business Enterprise Program form entitled "Minority /Disadvantaged/ Women Business Enterprise Joint Venture." This information must be submitted with the DBE Information form required in "DBE Information" elsewhere in these special provisions; (e) A DBE must perform a commercially useful function, i.e., must be responsible for the execution of a distinct element of the work and must carry out its responsibility by actually performing, managing and supervising the work; (f) Credit for a DBE vendor of materials or supplies is limited to 60 percent of the amount to be paid to the vendor for the material unless the vendor manufactures or substantially alters the goods; (g) Credit for trucking by DBEs will be as follows: (i) The amount to be paid when a DBE trucker will perform the trucking with his /her own trucks, tractors and employees; (ii) One hundred percent of the trucking costs will be allowed for all trucking acquired through certified DBE trucking brokers; (h) DBEs and DBE joint venture partners must be certified as of the date of bid opening either by the California Department of Transportation, or by a participating State of California or local agency which certifies in accordance with Title 49, Code of Federal Regulations, Part 23. Listings of DBEs certified by the Department are available from the following sources: (i) The Department's DB/WBE Directory, which is published quarterly. The DB/WBE Directory may be obtained from the Department of Transportation, Materiel Operations Branch, Publication Distribution Unit, 1900 Royal Oaks Drive, Sacramento, California 95815, Telephone: (916) 445 -3520; (ii) The Department's Electronic Information Bulletin Board Service (DB/WBE /BBS), which is accessible by modem and is updated weekly. The DB/WBE /BBS may be accessed by first contacting the Department's Business Enterprise Program at Telephone: (916) 227 -8937 and obtaining a user identification and password; (iii) The organizations listed in "DBE Goal for this Project" elsewhere in these special provisions. (iv) The listing of certified DBE firms is also available on the Internet at the following Internet address: http: / /www.dot.ca.gov /hq /bep/ It is the Contractor's responsibility to verify that DBEs are certified; PAGE 20 • • (i) Noncompliance by the Contractor with the requirements of the regulations constitutes a breach of this contract and may result in termination of the contract or other appropriate remedy for a breach of this contract; 0) Bidders are encouraged to utilize services offered by banks owned and controlled by minorities or women. DBE GOAL FOR THIS PROJECT The City of Newport Beach has established the following goal for disadvantaged businesses (DBE) participation for this project: Disadvantaged business (DBE) 10 percent It is the bidder's responsibility to make a sufficient portion of the work available to subcontractors and suppliers and to select those portions of the work or material needs consistent with the available DBE subcontractors and suppliers, so as to assure meeting the goal for DBE participation. The following firms may assist DBEs in preparing bids for subcontracting or supplying materials: The following firm may be contacted for projects in Districts 07, 08, and 12; in San Luis Obispo and Santa Barbara Counties in District 05; in Kern County in District 06; and in Kern and San Bernardino Counties in District 09: Triaxial Management Services, Inc. - Los Angeles 2594 Industry Way, Suite 101 -A, Lynwood, CA 90262 Telephone: (310) 537 -6677 FAX No. (310) 637 -0128 The following firm may be contacted for projects in Districts 08, 11, and 12: Triaxial Management Services, Inc. - San Diego 2725 Congress Street, Suite 1D, San Diego, CA 92110 Telephone: (619) 543 -5109 FAX No. (619) 543 -5108 Bidders may utilize the services of these firms to contact interested DBEs. SUBMISSION OF DBE INFORMATION The required DBE information shall be submitted on the "LOCAL AGENCY BIDDER - DBE INFORMATION" form included in the Proposal. If the DBE information is not submitted with the bid, the DBE information form shall be removed from the documents prior to submitting the bid. It is the bidder's responsibility to meet the goal for DBE participation or to provide information to establish that, prior to bidding, the bidder made good faith efforts to do so. PAGE 21 If DBE information is not submitted with the bid, the apparent successful bidder (low bidder) shall submit DBE information to the office at which bids are received so the information is received by the City no later than 4:00 p.m. on the fourth day, not including Saturdays, Sundays and legal holidays, following bid opening. DBE information sent by U.S. Postal Service certified mail with return receipt and certificate of mailing and mailed on or before the third day, not including Saturdays, Sundays and legal holidays, following bid opening will be accepted even if it is received after the fourth day following bid opening. Failure to submit the required DBE information by the time specified will be grounds for finding the bid or proposal nonresponsive. Other bidders need not submit DBE information unless requested to do so by the City. When such request is made, the DBE information of such bidders shall be submitted so the information is received by the City no later than close of business on the third day, not including Saturdays, Sundays and legal holidays, after said notification, unless a later time is authorized by the City. The bidder's DBE information shall establish that the DBE goal will be met or that a good faith effort to meet the goal has been made. Bidders are cautioned that even though their submittal indicates they will meet the stated DBE goal, their submittal should also include their good faith efforts information along with their DBE goal information to protect their eligibility for award of the contract in the event the City, it its review, finds that the goal has not been met. The information to show that the DBE goal will be met shall include the names of DBEs and DBE joint venture partners to be used, with a complete description of work or supplies to be provided by each and the dollar value of each DBE transaction. When 100 percent of a contract item of work is not to be performed or furnished by a DBE, a description of the exact portion of that work to be performed or furnished by that DBE shall be included in the DBE information, including the planned location of that work. (Note: DBE subcontractors to whom the bidder proposes to directly subcontract portions of the work are to be named in the bid. - See Section 2- 1.054, "Required Listing of Proposed Subcontractors," of the Standard Specifications and Section 2 -1.01, "General," of these special provisions, regarding listing of proposed subcontractors.) The information necessary to establish the bidder's good faith efforts to meet the DBE goal should include: (1) The names and dates of advertisement of each newspaper, trade paper, and minority - focus paper in which a request for DBE participation for this project was placed by the bidder. (2) The names and dates of written notices sent to certified DBEs soliciting bids for this project and the dates and methods used for following up initial solicitations to determine with certainty whether the DBEs were interested. (3) The items of work which the bidder made available to DBE firms, including, where appropriate, any breaking down of the contracts into economically feasible units to facilitate DBE participation, and the information furnished to DBEs such as plans, specifications, and requirements for the work. It is the bidder's responsibility to demonstrate that sufficient work to meet the DBE goal was made available to DBE firms. (4) The names of DBEs who submitted bids which were not accepted, a summary of the bidder's discussions and /or negotiations with them, the name of the firm selected for that portion of work, and the reasons for the bidder's choice. PAGE 22 (5) Efforts made to assist DBEs in obtaining bonding, lines of credit or insurance, and any technical assistance related to the plans, specifications and requirements for the work which was provided to DBEs. (6) Any additional data to support a demonstration of good faith effort, such as contacts with DBE assistance agencies. AWARD OF CONTRACT The award of contract, if it be awarded, will be to the lowest responsible bidder whose proposal complies with all the requirements prescribed and who has met the goal for DBE participation or has demonstrated, to the satisfaction of the Department, good faith effort to do so. Meeting the goal for DBE participation or demonstrating, to the satisfaction of the Department, good faith efforts to do so is a condition for being eligible for award of contract. BUY AMERICA REQUIREMENTS Attention is directed to the 'Buy America" requirements of the Surface Transportation Assistance Act of 1982 (Section 165) and the Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA) Sections 1041(a) and 1048(a), and the regulations adopted pursuant thereto. In accordance with said law and regulations, all manufacturing processes for steel and iron materials furnished for incorporation into the work on this project shall occur in the United States; with the exception that pig iron and processed, pelletized and reduced iron ore manufactured outside of the United States may be used in the domestic manufacturing process for such steel and iron materials. The application of paint and any other coating that protects or enhances the value of such steel or iron materials shall be considered a manufacturing process subject to the "Buy America" requirements. A Certificate of Compliance, conforming to the provisions in Section 6 -1.07, "Certificates of Compliance," of the Standard Specifications, shall be furnished for steel and iron materials. The certificates, in addition to certifying that the materials comply with the specifications, shall also specifically certify that all manufacturing processes for the materials occurred in the United States, except for the exceptions allowed herein. The requirements imposed by said law and regulations do not prevent a minimal use of foreign steel and iron materials if the total combined cost of such materials used does not exceed one -tenth of one percent (0.1 %) of the total contract cost or $2,500, whichever is greater. The Contractor shall furnish the Engineer acceptable documentation of the quantity and value of any foreign steel and iron prior to incorporating such materials into the work. SECTION 14 *EDERAL REQUIREMENTS I,R FEDERAL -AID CONSTRUCTION PROJECTS GENERAL. —The work herein proposed will be financed in whole or in part with Federal funds, and therefore all of the statutes, rules and regulations promulgated by the Federal Gov - emment and applicable to work financed in whole or in part with Federal funds will apply to such work. The 'Required Contract Provisions, Federal -Aid Construction Contracts, "Form FHWA 1273, arc included in this Section 14. Whenever in said required contract provisions references arc made to "SHA contracting officer ", "SHA resident engineer ", or "authorized representative of the SHA ", such references shall be construed to mean "Engineer" as defined in Section 1 -1.18 of the Standard Specifications. PERFORMANCE OF PREVIOUS CONTRACT. —In ad- dition to the provisions in Section 11, "Nondiscrimination," and Section VII, "Subletting or Assigning the Contract," of the re- quired contract provisions, the Contractor shall comply with the following: The bidder shall execute the CERTIFICATION WITH RE- GARD TO THE PERFORMANCE OF PREVIOUS CON- TRACTS OR SUBCONTRACTS SUBJECT TO THE EQUAL OPPORTUNITY CLAUSE AND THE FILING OF REQUIRED REPORTS located in the proposal. No request for subletting or assigning any portion of the contract in excess of 510,000 will be considered under the provisions of Section VII of the required contract provisions unless such request is accompanied by the CERTIFICATION referred to above, executed by the proposed subcontractor. NON- COLLUSION PROVISION. —The provisions in this section are applicable to all contracts except contracts for Federal Aid Secondary projects. Title 23, United States Code, Section 112, requires as a condi- tion precedent to approval by the Federal Highway Administrator of the contract for this work that each bidder file a sworn statement executed by, or on behalf of, the person, firm, association, or corporation to whom such contract is to be awarded, certifying that such person, firm, association, or corporation has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with the submitted bid. A form to make the non - collusion affidavit statement required by Section 112 as a certification under penalty of perjury rather than as a sworn statement as permitted by 28, USG Sec. 1746, is included in the proposal. PARTICIPATION BY MINORITY BUSINESS EN- TERPRISES IN SUBCONTRACTING. —Part 23, Title 49, Code of Federal Regulations applies to this Federal -aid project. Pertinent sections of said Code are incorporated in part or in its entirety within other sections of these special provisions. Schedule B— Information for Determining Joint Venture Eli- gibility PAGE 23 (This form need not be filled in if all joint venture firms arc minority owned.) FR -1 I. Name ofjoint venture 2. Address ofjoint venture 3. Phone number ofjoint venture 4. Identify the firms which comprise the joint venture. (The MBE partner must complete Schedule A.) a. Describe the role of the MBE firm in thejoint venture. b. Describe very briefly the experience and business qualifications of each non- MBEjoint venturer: 5. Nature of the joint venture's business _ 6. Provide a copy of thejoint venture agreement. 7. What is the claimed percentage of MBE ownership? _ 8. Ownership of joint venture: (This need not be filled in if described in the joint venture agreement, provided by question 6.). Rmwd 3 -95 OM7 -95 a. Profit and loss sharing. • b. Capital contributions, including equipment. c. Other applicable ownership interests. 9. Control of and participation in this contract. Identify by name, race, sex, and "firm" those individuals land their titles) who are responsible for day -to -day management and policy decision making, including, but not limited to, those with prime responsibility for: a. Financial decisions b. Management decisions, such as: I. Estimating 2. Marketing and sales 3. Hiring and firing of management personnel 4. Purchasing of major items or supplies c. Supervision of field operations Note. —If, after filing this Schedule 6 and before the comple- tion of the joint venture's work on the contract covered by this regulation, there is any significant change in the information submitted, the joint venture must inform the grantee, either di- rectly or through the prime contractor if the joint venture is a subcontractor. Affidavit "The undersigned swear that the foregoing statements are cor- rect and include all material information necessary to identify and explain the terms and operation of our joint venture and the intended participation by each joint venturer in the undertaking. Further, the undersigned covenant and agree to provide to grantee current, complete and accurate information regarding ac- tual joint venture work and the payment therefor and any pro- posed changes in any of the joint venture arrangements and to permit the audit and examination of the books, records and files of the joint venture, or those of each joint venturer relevant to the joint venture, by authorized representatives of the grantee or the Federal funding agency. Any material misrepresentation will be grounds for terminating any contract which may be awarded and for initiating action under Federal or State laws concerning false statements." FR -2 ...._ ..... rAUL Z4 ............ ......... ........................................... .......... ..... ... ........ ..... Name of Firm Name of Firm .................................................................... ............................... Signature Signature .................................... ........ ............. .... ............. - ................ ........ Name Name ....................................................................... ............................... Title Title ....................................................................... ............................... Date Date Date State of County of On this __ day of , 19 _, before me appeared (Name) to me personally known, who, being duly sworn, did execute the foregoing affi- davit, and did state that he or she was properly authorized by (Name of firm) affidavit and did so as his or her free act and deed. Notary Public Commission expires [Scull Date State of County of to execute the On this _ day of _ 19 _, before me appeared (Name) to me personally known, who, being duly sworn, did execute the foregoing affidavit, and did state that he or she was properly authorized by (Name of firm) to execute the affidavit and did so as his or her free act and deed. Notary Public Commission expires [Seal] Revised 3 -95 08-07 -95 REQUIRED CONTRACT PROVISI EDERAL -AID CONSTRUCTION CONTWTS (Exclusive of Appalachian Contracts) Page 1. General ....................................... ............................... 3 II. Nondiscrimination .......................... ........................... 3 111. Nonsegregated Facilities ............ ............................... 5 IV. Payment of Predetermined Minimum Wage ........._ _ 0 V. Statements and Payrolls .............................. 8 VI. Record of Materials, Supplies, and Labor ................. 9 V 11. Subletting or Assigning the Contract ........................ 9 VIII. Safety: Accident Prevention ...... ............................... 10 IX. False Statements Concerning Highway Project....._... 10 X. Implementation of Clean Air Act and Federal Water Pollution Control Act .................. ............................... 10 XI. Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion ..................... I I XII. Certification Regarding Use of Contract Funds for Lobbying.................................... ............................... 12 ATTACHMENTS A. Employment Preference for Appalachian Contracts (included in Appalachian contracts only) GENERAL 1. These contract provisions shall apply to all work performed on the contract by the contractor's own organization and with the assistance of workers under the contractor's immediate superintendence and to all work performed on the contract by piecework, station work, or by subcontract. 2. Except as otherwise provided for in each section, the con- tractor shall insert in each subcontract all of the stipulations contained in these Required Contract Provisions, and further re- quire their inclusion in any lower tier subcontract or purchase order that may in turn be made. The Required Contract Provisions shall not be incorporated by reference in any case. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with these Required Contract Provisions. 3. A breach of any of the stipulations contained in these Re- quired Contract Provisions shall be sufficient grounds for termi- nation of the contract. 4. A breach of the following clauses of the Required Contract Provisions may also be grounds for debarment as provided in 29 CFR 5.12: Section I, paragraph 2; Section IV, paragraphs I, 2, 3, 4, and 7; Section V, paragraphs I and 2a through 2g. 5. Disputes arising out of the labor standards provisions of Section IV (except paragraph 5) and Sccuon V of these Required Contract Provisions shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accor- PAGE 25 dance with the procedures of the U.S. Department of Labor (DOL) as set forth in 29 CFR 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the DOL, or the contractor's employees or their representatives. 6. Selection of Labor: During the performance of this contract, the contractor shall not: a. discriminate against labor from any other State, possession, or territory of the United States (except for employment preference for Appalachian contracts, when applicable, as specified in Attachment A), or b. employ convict labor for any purpose within the limits of the project unless it is labor performed by convicts who are on parole, supervised release, or probation. NONDISCRIMINATION (Applicable to all Federal -aid construction contracts and to all related subcontracts of $10,000 or more.) I. Equal Employment Opportunity: Equal employment opportunity (EEO) requirements not to discriminate and to take affirmative action to assure equal opportunity as set forth under laws, executive orders, rules, regulations (28 CFR 35, 29 CFR 1630, and 41 CFR 60) and orders of the Secretary of Labor as modified by the provisions prescribed herein, and im- posed pursuant to 23 U.S.C. 140 shall constitute the EEO and specific affirmative action standards for the contractors project activities under this contract. The Equal Opportunity Construction Contract Specifications set forth under 41 CFR 60 -4.3 and the provisions of the American Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) set forth under 28 CFR 35 and 29 CFR 1630 are incorporated by reference in this contract. In the execution of this contract, the contractor agrees to comply with the following minimum specific requirement activities of EEO: a. The contractor will work with the State highway agency (SHA) and the Federal Government in carrying out EEO obli- gations and in their review of his /her activities under the con- tract. b. The contractor will accept as his operating policy the following statement: "it is the policy of this Companv to assure that applicants are employed, and that employees are treated daring employment, without regard to their race, religion, ser, color, national origin, age or disability. Such action shall include: employment. upgrading, demotion, or transfer; recruitment or recruitment ad- veriising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprentice- ship, preapprenlice.chip, and /or on-the-job training." 2. EEO Officer: The contractor will designate and make known to the SHA contracting officers an EEO Officer who will have the responsibility for and must be capable of effectively Pon, 1277 -- Revised 3 -95 08 -07 -95 FR -3 administering and promoting an actiOntractor program of EEO and who must be assigned adequate authority and responsibility to do so. 3. Dissemination of Policy: All members of the contractor's staff who are authorized to hire, supervise, promote, and discharge employees, or who recommend such action, or who are substantially involved in such action, will be made fully cognizant of, and will implement, the contractor's EEO policy and contractual responsibilities to provide EEO in each grade and classification of employment. To ensure that the above agreement will be met, the following actions will be taken as a mininmm: a. Periodic meetings of supervisory and personnel office employees will be conducted before the start of work and then not less often than once every six months, at which time the contractor's EEO policy and its implementation will be reviewed and explained. The meetings will be conducted by the EEO Officer. b. All new supervisory or personnel office employees will be given a thorough indoctrination by the EEO Officer, covering all major aspects of the contractor's EEO obligations within thirty days following their reporting for duty with the contractor. c. All personnel who are engaged in direct recruitment for the project will be instructed by the EEO Officer in the contractor's procedures for locating and hiring minority group employees. d. Notices and posters setting forth the contractor's EEO policy will be placed in areas readily accessible to employees, applicants for employment and potential employees. e. The contractor's EEO policy and the procedures to im- plement such policy will be brought to the attention of em- ployees by means of meetings, employee handbooks, or other appropriate means. 4. Recruitment: When advertising for employees, the contractor will include in all advertisements for employees the notation: "An Equal Opportunity Employer." All such adver- tisements will be placed in publications having a large circulation among minority groups in the area from which the project work force would normally be derived. a. The contractor will, unless precluded by a valid bargaining agreement, conduct systematic and direct recruitment through public and private employee referral sources likely to yield qualified minority group applicants. To meet this requirement, the contractor will identify sources of potential minority group employees, and establish with such identified sources procedures whereby minority group applicants may be referred to the contractor for employment consideration. b. In the event the contractor has a valid bargaining agreement providing for exclusive hiring hall referrals, he is expected to observe the provisions of that agreement to the extent that the system permits the contractor's compliance with EEO contract provisions. (The DOL has held that where implementation of such agreements have the effect of discriminating against minorities or women, or obligates the contractor to do the same, such implementation violates Executive Order 11246, as amended.) c. The contractor will encourage his present employees to Fonn I -'A - 11 6,cd 3.95 08 -07 -95 FR -4 PAGE 26 refer minority 14 applicants for employment. Information and procedures with regard to referring minority group applicants will be discussed with employees. 5. Personnel Actions: Wages, working conditions, and employee benefits shall be established and administered, and personnel actions of every type, including hiring, upgrading, promotion, transfer, demotion, layoff, and termination, shall be taken without regard to race, color, religion, sex, national origin, age or disability. The following procedures shall be followed: a. The contractor will conduct periodic inspections of project sites to insure that working conditions and employee facilities do not indicate discriminatory treatment of project site personnel. b. The contractor will periodically evaluate the spread of wages paid within each classification to determine any evidence of discriminatory wage practices. c. The contractor will periodically review selected personnel actions in depth to determine whether there is evidence of discrimination. Where evidence is found, the contractor will promptly take corrective action. If the review indicates that the discrimination may extend beyond the actions reviewed, such corrective action shall include all affected persons. d. The contractor will promptly investigate all complaints of alleged discrimination made to the contractor in connection with his obligations under this contract, will attempt to resolve such complaints, and will take appropriate corrective action within a reasonable time. If the investigation indicates that the discrimination may affect persons other than the complainant, such corrective action shall include such other persons. Upon completion of each investigation, the contractor will inform every complainant of all of his avenues of appeal. 6. Training and Promotion: a. The contractor will assist in locating, qualifying, and increasing the skills of minority group and women employees, and applicants for employment. b. Consistent with the contractor's work force requirements and as permissible under Federal and State regulations, the contractor shall make full use of training programs, i.e., apprenticeship, and on -the -job training programs for the ge- ographical area of contract performance. Where feasible, 25 percent of apprentices or trainees in each occupation shall be in their first year of apprenticeship or training. In the event a special provision for training is provided under this contract, this subparagraph will be superseded as indicated in the special provision. c. The contractor will advise employees and applicants for employment of available training programs and entrance re- quirements for each. d. The contractor will periodically review the training and promotion potential of minority group and women employees and will encourage eligible employees to apply for such training and promotion. 6 • 7. Unions: If the contractor relies in whole or in part upon unions as a source of employees, the contractor will use his/her best efforts to obtain the cooperation of such unions to increase opportunities for minority groups and women within the unions, and to effect referrals by such unions of minority and female employees. Actions by the contractor either directly or through a contractor's association acting as agent will include the procedures set forth below: a. The contractor will use best efforts to develop, in coop- eration with the unions, joint training programs aimed toward qualifying more minority group members and women for membership in the unions and increasing the skills of minority group employees and women so that they may qualify for higher paying employment. b. The contractor will use best efforts to incorporate an EEO clause into each union agreement to the end that such union will be contractually bound to refer applicants without regard to their race, color, religion, sex, national origin, age or disability. c. The contractor is to obtain information as to the referral practices and policies of the labor union except that to the extent such information is within the exclusive possession of the labor union and such labor union refuses to famish such information to the contractor, the contractor shall so certify to the SHA and shall set forth what efforts have been made to obtain such information. d. In the event the union is unable to provide the contractor with a reasonable Flow of minority and women referrals within the time limit set forth in the collective bargaining agreement, the contractor will, through independent recruitment efforts, till the employment vacancies without regard to race, color, religion, sex, national origin, age or disability; making full efforts to obtain qualified and /or qualifiable minority group persons and women. (The DOL has held that it shall be no excuse that the union with which the contractor has a collective bargaining agreement providing for exclusive referral failed to refer minority employees.) In the event the union referral prac- tice prevents the contractor from meeting the obligations pursuant to Executive Order 11246, as amended, and these special provisions, such contractor shall immediately notify the SHA. 8. Selection of Subcontractors, Procurement of Materials and Leasing of Equipment: The contractor shall not discriminate on the grounds of race, color, religion, sex, national origin, age or disability in the selection and retention of subcontractors, including procurement of materials and leases of equipment. a. The contractor shall notify all potential subcontractors and suppliers of his /her EEO obligations under this contract. b. Disadvantaged business enterprises (DBE), as defined in 49 CFR 23, shall have equal opportunity to compete for and perform subcontracts which the contractor enters into pursuant to this contract. The contractor will use his best efforts to solicit bids from and to utilize DBE subcontractors or subcontractors with meaningful minority group and female representation among their employees. Contractors shall obtain lists of DBE construction firms from SHA personnel. c. The contractor will use his best efforts to ensure subcon- tractor compliance with their EEO obligations. 9. Records and Reports: The contractor shall keep such PAGE 27 n LJ records as necessary to document compliance with the EEO requirements. Such records shall be retained for a period of three years following completion of the contract work and shall be available at reasonable times and places for inspection by au- thorized representatives of the SFIA and the FH WA. a. The records kept by the contractor shall document the following: (IIThe number of minority and non - minority group members and women employed In each work classification on the project; (2) The progress and efforts being made in cooperation with unions, when applicable, to increase employment op- portunities for minorities and women; (3) The progress and efforts being made in locating, hiring, training, qualifying, and upgrading minority and female employees; and (4) The progress and efforts being made in securing the services of DBE subcontractors or subcontractors with meaningful minority and female representation among their employees. b. "rhe contractors will submit an annual report to the SHA each July for the duration of the project, indicating the number of minority, women, and non - minority group employees currently engaged in each work classification required by the contract work. This information is to be reported on Form FH WA -1391. If on -the -job training is being required by special provision, the contractor will be required to collect and report training data. III NONSEGREGATED FACILITIES (Applicable to all Federal -aid construction contracts and to all related subcontracts of 510,000 or more) FR -5 a. By submission of this bid, the execution of this contract or subcontract, or the consummation of this material supply agreement or purchase order, as appropriate, the bidder, Federal - aid construction contractor, subcontractor, material supplier, or vendor, as appropriate, certifies that the firm does not maintain or provide for its employees any segregated facilities at any of its establishments, and that the firm does not permit Its employees to perform their services at any location, under its control, where segregated facilities are maintained. The firm agrees that a breach of this certification is a violation of the EEO provisions of this contract. The firm further certifies that no employee will be denied access to adequate facilities on the basis of sex or disabi lity. . b. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating areas, time clocks, locker rooms, and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive, or are, in fact, seg- regated on the basis of race, color, religion, national origin, age or disability, because of habit, local custom, or otherwise. The only exception will be for the disabled when the demands for accessibility override (e.g. disabled parking). Fnnn 1273 — Revised 3 -95 oN -o7 -95 c. The contractor agrees that to obtained or will obtain ' identical certification from proposed subcontractors or material suppliers prior to award of subcontracts or consummation of material supply agreements of $10,000 or more and that it will retain such certifications in its files. IV. PAYMENT OF PREDETERMINED MINIMUM WAGE (Applicable to all Federal -aid construction contracts exceeding 52,000 and to all related subcontracts, except for projects located on roadways classified as local roads or rural minor collectors, which are exempt.) 1. General: a. All mechanics and laborers employed or working upon the site of the work will be paid unconditionally and not less often than once a week and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations (29 CFR 3)] issued by the Secretary of Labor under the Copeland Act (40 U.S.C. 276c) the full amounts of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment. The payment shall be computed at wage rates not less than those contained in the wage determination of the Secretary of Labor (hereinafter "the wage determination ") which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor or its subcontractors and such laborers and mechanics. The wage determination (including any additional classifications and wage rates conformed under paragraph 2 of this Section IV and the DOL poster (WH -1321) or Form FHWA -1495) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. For the purpose of this Section, contributions made or costs reasonably anticipated for bona fide fringe benefits under Section I(b)(2) of the Davis -Bacon Act (40 U.S.C. 276a) on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of Section IV, paragraph 3b, hereof. Also, for the purpose of this Section, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage deter- mination for the classification of work actually performed, without regard to skill, except as provided in paragraphs 4 and 5 of this Section IV. b. Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein, provided, that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. c. All rulings and interpretations of the Davis -Bacon Act and related acts contained in 29 CFR I, 3, and 5 are herein incorporated by reference in this contract. Flinn 1373 — R,ks d -3 - -95 nN -n7 -95 FR -6 PAGE 28 2. Classificatioe a. The SHA contracting officer shall require that any class of laborers or mechanics employed under the contract, which is not listed in the wage determination, shall be classified in conformance with the wage determination. b. The contracting officer shall approve an additional classification, wage rate and fringe benefits only when the following criteria have been met- (I ) the work to be performed by the additional classifi- cation requested is not performed by a classification in the wage determination; (2) the additional classification is utilized in the area by the construction industry; (3) the proposed wage rate, including any bona fide fringe bcncfits, bears a reasonable relationship to the wage rates contained in the wage determination; and (4) with respect to helpers, when such a classification prevails in the area in which the work is performed. c. If the contractor or subcontractors, as appropriate, the laborers and mechanics (if known) to be employed in the addi- tional classification or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe bcncfits where appropriate), a report of the action taken shall be sent by the contracting officer to the DOL, Administrator of the Wage and Hour Division, Employment Standards Administration, Washington, D.C. 20210. The Wage and Hour Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30 -day period that additional time is necessary. d. In the event the contractor or subcontractors, as appro- priate, the laborers or mechanics to be employed in the addi- tional classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Wage and Hour Administrator for determination. Said Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30 -day period that additional time is necessary C. The wage rate (including fringe benefits where appropriate) determined pursuant to paragraph 2c or 2d of this Section IV shall be paid to all workers performing work in the additional classification from the first day on which work is performed in the classification. 3. Payment of Fringe Benefits: a. Whenever the minimum wage rate prescribed in the con- tract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor or subcontractors, as appropriate, shall either pay the benefit t U as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly case equivalent thereof. b. If the contractor or subcontractor, as appropriate, does not make payments to a trustee or other third person, he /she may consider as a part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, provided, that the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis -Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. 4. Apprentices and Trainees (Programs of the U.S. DOL) and Helpers: a. Apprentices: If ) Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the DOL, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State apprenticeship agency recognized by the Bureau, or if a person is employed in his /her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State apprenticeship agency (where appropriate) to be eligible for probationary employment as an apprentice. (2) The allowable ratio of apprentices to journeyman -level employees on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any employee listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate listed in the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor or subcontractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman -level hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. (3) Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeyman - level hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator for the Wage and Hour Division determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. FR -7 PAGE 29 • (4) In the event the Bureau of Apprenticeship and Training, or a State apprenticeship agency recognized by the Bureau, withdraws approval of an apprenticeship program, the contractor or subcontractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the comparable work performed by regular employees until an acceptable program 1s approved. b. Trainees; ( I ) Except its provided in 29 CFR 5. 16, trainees will not be Permitted to work at less than the predetermined rate for the work performed unless they arc employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the DOL, Employment and Training Administration. (2) The ratio of trainees to journeyman -level employees on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. (3) Every trainee must be paid at not less than the rate specified in the approved program for his/her level of progress, expressed as a percentage of the journeyman -level hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman -level wage rate on the wage determination which provides for less than full fringe benefits for apprentices, in which case such trainees shall re- ccivc the same fringe benefits as apprentices. (4) In the event the Employment and Training Adminis- tration withdraws approval of a training program, the con- tractor or subcontractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. c. Helpers: Helpers will be permitted to work on a project if the helper classification is specified and defined on the applicable wage determination or is approved pursuant to the conformance procedure set forth in Section IV.2. Any worker listed on a payroll at a helper wage rate, who is not a helper under an approved definition, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. form 1273 — Revised 3.95 08.07 -95 ,Local Assistance P edures Manual Sample N ce to Contrac 5. Apprentices and Trainees (Programs of the U.S. DOT): Apprentices and trainees working under apprenticeship and skill training programs which have been certified by the Secretary of Transportation as promoting EEO in connection with Federal -aid highway construction programs arc not subject to the requirements of paragraph 4 of this Section IV. The straight time hourly wage rates for apprentices and trainees under such programs will be established by the particular programs. The ratio of apprentices and trainees to journeymen shall not be greater than permitted by the terms of the particular program. 6. Withholding: The SHA shall upon its own action or upon written request of an authorized representative of the DOL withhold, or cause to be withheld, from the contractor or subcontractor under this contract or any other Federal contract with the same prime contractor, or any other Federally- assisted contract subject to Davis -Bacon prevailing wage requirements which is held by the same prime contractor, as much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work, all or part of the wages required by the contract, the SHA contracting officer may, after written notice to the contractor, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. 7. Overtime Requirements: No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers, mechanics, watchmen, or guards (including apprentices, trainees, and helpers described in paragraphs 4 and 5 above) shall require or permit any laborer, mechanic, watchman, or guard in any workweek in which he /she is employed on such work, to work in excess of 40 hours in such workweek unless such laborer, mechanic, watchman, or guard receives compensation at a rate not less than one- and - one -half times his /her basic rate of pay for all hours worked in excess of 40 hours in such workweek. 8. Violation: Liability for Unpaid Wages; Liquidated Damages: In the event of any violation of the clause set forth in paragraph 7 above, the contractor and any subcontractor responsible thereof shall be liable to the affected employee for his /her unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory) for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer, mechanic, watchman, or guard employed in violation of the clause set forth in paragraph 7, in the sum of S 10 for each calendar day on which such employee was required or permitted to work in excess of the standard work week of 40 hours without payment of the overtime wages required by the clause set forth in paragraph 7. Font 1273 — Rcrised 3.95 08.07 -95 PAGE 30 EXHIBIT 12 -F for & SpeciaProvisions 9. Withholding for Unpaid Wages and Liquidated Damages: The SHA shall upon Its own action or upon written request of any authorized representative of the DOL withhold, or cause to be withheld, from any monies payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other Federally- assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph 8 above. V. STATEMENTS AND PAYROLLS (Applicable to all Federal -aid construction contracts exceeding 52,000 and to all related subcontracts. except for projects located on roadways classified as local roads or rural collectors, which are exempt.) 1. Compliance with Copeland Regulations (29 CFR 3): The contractor shall comply with the Copeland Regulations of the Secretary of Labor which are herein incorporated by reference. FR -8 2. Payrolls and Payroll Records: a. Payrolls and basic records relating thereto shall be maintained by the contractor and each subcontractor during the course of the work and preserved for a period of 3 years from the date of completion of the contract for all laborers, mechanics, apprentices, trainees, watchmen, helpers, and guards working at the site of the work. b. The payroll records shall contain the name, social security number, and address of each such employee; his or her correct classification; hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalent thereof the types described in Section I(b)(2)(B) of the Davis Bacon Act): daily and weekly number of hours worked; deductions made; and actual wages paid. In addition, for Appalachian contracts, the payroll records shall contain a notation indicating whether the employee does, or does not, normally reside in the labor area as defined in Attachment A, paragraph I. Whenever the Secretary of Labor, pursuant to Sec- tion IV, paragraph 31b, has found that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in Section I(b)(2)(B) of the Davis Bacon Act, the contractor and each subcontractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially repossible, that the plan or program has been communicated in writing to the laborers or mechanics affected, and show the cost anticipated or the actual cost incurred in providing benefits. Contractors or subcontractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprentices and trainees, and ratios and wage rates prescribed in the applicable programs. ,y n LJ c. Each contractor and subcontractor shall furnish, each week in which any contract work is performed, to the SHA resident engineer a payroll of wages paid each of its employees (including apprentices, trainees, and helpers, described in Section IV, paragraphs 4 and 5, and watchmen and guards en- gaged on work during the preceding weekly payroll period(. The payroll submitted shall set out accurately and completely all of the information required to be maintained under paragraph 26 of this Section V. This information may be submitted in any form desired. Optional Form WH -347 is available for this purpose and may be purchased from the Superintendent or Documents (Federal stock number 029 - 005 - 0014 -1), U.S. Government Printing Office, Washington, D.C. 20402. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. d. Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or sub- contractor or his /her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (I) that the payroll for the payroll period contains the information required to be maintained under paragraph 2b of this Section V and that such information is correct and complete; (2) that such laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages camcd, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in the Regulations, 29 CFR 3; (3) that each laborer or mechanic has been paid not less that the applicable wage rate and fringe benefits or cash equivalent for the classification of worked performed, as specified in the applicable wage determination incorporated into the contract. e. The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH -347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph 2d of this Section V. f The falsification of any of the above certifications may subject the contractor to civil or criminal prosecution under 18 U.S.C. 1001 and 31 U.S.C. 231. g. The contractor or subcontractor shall make the records re- quired under paragraph 2b of this Section V available for in- speciion, copying, or transcription by authorized representatives of the SHA, the FHWA, or the DOL, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the re- quired records or to make them available, the SHA, the FHWA, the DOL, or all may, after written notice to the contractor, sponsor, applicant, or owner, take such actions as may be nec- essary to cause the suspension of any further payment, advance, or guarantee of Ponds. Furthermore, failure to submit the required records upon request or to make such records available PAGE 31 • may be grounds for dcbamtent action pursuant to 29 CFR 5.12. VI. RECORD OF MATERIALS, SUPPLIES, AND LABOR I. On all Federal-aid contracts on the National Highway System, except those which provide solely for the installation of protective devices at railroad grade crossings, those which arc constructed on a force account or direct labor basis, highway beautification contracts, and contracts for which the total final construction cost for roadway and bridge is less than $1,000,000 (23 CFR 635) the contractor shall: a. Become familiar with the list of specific materials and supplies contained in Form FHWA -47, "Statement of Materials and Labor Used by Contractor of Highway Construction Involving Federal Funds," prior to the commencement of work under this contract. b. Maintain a record of the total cost of all materials and supplies purchased for and incorporated in the work, and also of the quantities of those specific materials and supplies listed on Form FHWA -47, and in the units shown on Form FHWA -47. c. Furnish, upon the completion of the contract, to the SHA resident engineer on Form FHWA -47 together with the data required in paragraph lb relative to materials and supplies, a Final labor summary of all contract work indicating the total hours worked and the total amount earned. 2. At the prime contractor's option, either a single report covering all contract work or separate reports for the contractor and for each subcontract shall be submitted. VII. SUBLETTING OR ASSIGNING THE CONTRACT I. The contractor shall perform with its own organization contract work amounting to not less than 30 percent (or a greater percentage if specified elsewhere in the contract) of the total original contract price, excluding any specialty items designated by the State. Specialty items may be performed by subcontract and the amount of any such specialty items performed may be deducted from the total original contract price before computing the amount of work required to be performed by the contractor's own organization (23 CFR 635). FR -9 a. "Its own organization" shall be construed to include only workers employed and paid directly by the prime contractor and equipment owned or rented by the prime contractor, with or without operators. Such term does not include employees or equipment of a subcontractor, assignee, or agent of the prime contractor. b. "Specialty Items" shall be construed to be limited to work that requires highly specialized knowledge, abilities, or equipment not ordinarily available in the type of contracting organizations qualified and expected to bid on the contract as a whole and in general arc to be limited to minor components of the overall contract. Fomt 1271 — Revised 1 -95 08.07.95 .Local Assistance P edures Manual EXHIBIT 12 -F Sample N #ce to Contractor & Specis Provisions 2. The contract amount upon which the requirements set forth in paragraph I of Section VII is computed includes the cost of material and manufactured products which are to be purchased or produced by the contractor under the contract provisions. 3. The contractor shall furnish (a) a competent superintendent or supervisor who is employed by the firm, has full authority to direct performance of the work in accordance with the contract requirements, and is in charge of all construction operations (regardless of who performs the work) and (b) such other of its own organizational resources (supervision, management, and engineering services) as the SHA contracting officer determines is necessary to assure the performance of the contract. 4. No portion of the contract shall be sublet, assigned or otherwise disposed of except with the written consent of the SHA contracting officer, or authorized representative, and such consent when given shall not be construed to relieve the contractor of any responsibility for the fulfillment of the contract. Written consent will be given only after the SHA has assured that each subcontract is evidenced in writing and that it contains all pertinent provisions and requirements of the prime contract. VIII. SAFETY: ACCIDENT PREVENTION I.In the performance of this contract the contractor shall comply with all applicable Federal. State, and local laws governing safety, health, and sanitation (23 CFR 635). The contractor shall provide all safeguards, safety devices and protective equipment and take any other needed actions as it determines, or as the SHA contracting officer may determine, to be reasonably necessary to protect the life and health of employees on the job and the safety of the public and to protect property in connection with the performance of the work covered by the contract. 2. It is a condition of this contract, and shall be made a con- dition of each subcontract, which the contractor enters into pur- suant to this contract, that the contractor and any subcontractor shall not permit any employee, in performance of the contract, to work in surroundings or under conditions which are unsanitary, hazardous or dangerous to his/her health or safety, as determined under construction safety and health standards (29 CFR 1926) promulgated by the Secretary of Labor, in accordance with Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 333). 3. Pursuant to 29 CFR 1926.3, it is a condition of this contract that the Secretary of Labor or authorized representative thereof, shall have right of entry to any site of contract performance to inspect or investigate the matter of compliance with the construction safety and health standards and to carry out the duties of the Secretary under Section 107 of the Contract Work Hours and Safely Standards Act (40 U.S.C. 333). IX. FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS In order to assure high quality and durable construction in conformity with approved plans and specifications and a high degree of reliability on statements and representations made by engineers, contractors, suppliers, and workers on Federal -aid highway projects, it is essential that all persons concerned with the project perform their functions as carefully, thoroughly, and honestly as possible. Willful falsification, distortion, or mis- representation with respect to any facts related to the project is a violation of Federal law. To prevent any misunderstanding re- Fomr 1273 — Rmsed 3 -95 nR -07 -95 PAGE 32 garding the seriousness of these and similar acts, the following notice shall be posted on each Federal -aid highway project (23 CFR 635) in one or more places where it is readily available to all persons concerned with the project: NOTICE TO ALL PERSONNEL ENGAGED ON FEDERAL -AID IIIGtIWAY PROJECTS 18 U.S.C. 1020 reads as follows: "Whoever being an q(ficer, agent, or emphmee of the United S'tates, or any Stale or Territory, or whoever, whether a person. association. /inn, or corporation, k'nowmgll• makes an ' v frdse statement, fdse representation, or false report as to the chracter, quality, quantity, or cost of the material used or to be as'ed, or the quantity or quality of the work performed or to be performed, or the cost thereof in connection with the submission of plans, maps. specifications, contracts, or costs of construction on any highway or related project suhrrritted far approval to the .Secretary of Transportation: or Whoever knowingly makes ari , false statement, false repre- selrtalion, false report or ful,1'e claim with respect to the character, quality, gmamtigi, or cost of any work performed or to he per- formed, or materials furnished or to hr f owished, in connection with the construction of any higlnvgv or related project approved by the Secrelarl' of' Trana'porlation: or Whoever knowingly snakes a, y f<dce statement or fidse repre- sraalion as to material fact in amy.s'tatement, cerllficate, or report submitted pursuant to provisions of the Federal -nisi Roads Art approved Jtrly 1. 1916, (39 Star. 355), as amended and sup- plementer(: .Shall he finer/ not more dot ,510,000 or imprisoned not more Than 5 years or both. " X. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT (Applicable to all Federal -aid construction contracts and to all related subcontracts of $100,000 or more.) By submission of this bid or the execution of this contract, or subcontract, as appropriate, the bidder, Federal -aid construction contractor, or subcontractor, as appropriate, will be deemed to have stipulated as follows. I. That any facility that is or will be utilized in the performance of this contract, unless such contract is exempt under the Clean Air Act, as amended (42 U.S.C. 1857 et seq., as amended by Pub. L. 91 -604), and under the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251 et seq., as amended by Pub. L. 92 -500), Executive Order 11738, and regulations in implementation thereof (40 CFR 15) is not listed, on the date of contract award, on the U.S. Environmental Protection Agency (EPA) List of Violating Facilities pursuant to 40 CFR 15.20. 2. That the firm agrees to comply and remain in compliance with all the requirements of Section 114 of the Clean Air Act and Section 308 of the Federal Water Pollution Control Act and all regulations and guidelines listed thereunder. 3. That the firm shall promptly notify the SHA of the receipt of any communication from the Director, Office of Federal Activities, EPA, indicating that a facility that is or will be utilized FR -10 for the contract is under consideration to be listed on the EPA List of Violating Facilities. 4. That the firm agrees to include or cause to be included the requirements of paragraph I through 4 of this Section X in every nonexempt subcontract, and further agrees to take such action as the government may direct as a means of enforcing such re- quirements. XI. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION 1. Instructions for Certification - Primary Covered Transactions: (Applicable to all Federal -aid contracts- 49 CFR 29) a. By signing and submitting this proposal, the prospective primary participant is providing the certification set out below. b. The inability of a person to provide the certification set out below will not necessarily result in denial of participation in this covered transaction. The prospective participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary participant to furnish a certification or an explanation shall disqualify such a person from participation in this transaction. c. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause of default. d. The prospectivc primary participant shall provide im- mediate written notice to the department or agency to whom this proposal is submitted if any time the prospective primary participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. c. The terms "covered transaction;. "debarred," "suspended," "ineligible," 'lower tier covered transaction," "participant," "person;. "primary covered transaction," "principal," "proposal;' and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the department or agency to which this proposal is submitted for assistance in obtaining a copy of those regulations. f. The prospective primary participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. FR -1 I PAGE 33 • g. The prospective primary participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transaction," provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. h. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the el- igibility of its principals. Each participant may, but is not required to, check the nonprocurement portion of the "Lists of Parties Excluded From Federal Procurement or Nonprocurement Programs' (Nonprocurement List) which is compiled by the General Services Administration. i. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. j. Except for transactions authorized under paragraph f of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the de- partment or agency may terminme this transaction for cause or default. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion— Primary Covered Transactions I. The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; b. Have not within a 3 -year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph I b of this certification; and Lunn 1271 — Revised 3-95 08 -07 -95 PAGE 34 Local Assistance P edures Manual EXHIBIT 12 -F Sample N *ce to Contractor & Speci* Provisions d. Have not within a 3 -year period preceding this ap- plication /proposal had one or more public transactions (Federal, State or local) terminated for cause or default. 2. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal, 2. Instructions for Certification - Lower Tier Covered Transactions: (Applicable to all subcontracts, purchase orders and other lower tier transactions of $25,000 or more - 49 CFR 29) a. By signing and submitting this proposal, the prospective lower tier is providing the ccrtification set out below, b. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and /or debarment. c. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous by reason of changed circumstances. d. The terms "covered transaction," "debarred," 'suspended," "ineligible," "primary covered transaction," "participant," "person," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. e. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. f. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transaction,, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. g. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the n3ethod and frequency by which it determines the el- igibility of its principals. Each participant may, but is not Fonu 1273 — Revised 3 -95 09 -07 -95 required to, check the Nonprocurement List. h. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. i. Except for transactions authorized under paragraph c of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the de- partment or agency with which this transaction originated may pursue available remedies, including suspension and /or debarment. + + +++ Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transactions I. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. 2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. \I1. CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR LOBBYING (Applicable to all Federal-aid construction contracts and to all related subcontracts which exceed $100,000 - 49 CFR 20) I. The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: a. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to 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, FR -12 0 grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 2. This certification is a material representation of fact upon which reliance was placed when this transaction was made or en- tered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to file the required certification shall PAGE 35 • be subject to a civil penalty of not less than S10,000 and not more than $100,000 for each such failure. 3. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such recipients shall certify and disclose accordingly. FEDERAL -AID FEMALE AND MINORITY GOALS In accordance with Section 11, "Nondiscrimination," of 177 Sacramento, CA: "Required Contract Provisions Federal -aid Construction Contracts" the following are the goals for female utilization: SMSA Counties: 6920 Sacramento, CA..... ......................... ... 16.1 Goal for Women CA Placer; CA Sacramento; (applies nationwide ) ..............(percent) ......... 6.9 CA Yolo. The following are goals for minority utilization: Non -SMSA Counties ......... ............................... 14.3 CA Butte; CA Colusa; CA El Dorado; CA Glenn; CALIFORNIA ECONOMIC AREA CA Nevada; CA Sierra; CA Sutter; CA Yuba. Goal (Percent) 178 Stockton - Modesto, CA: 174 Redding, CA: SMSA Counties: Non -SMSA Counties .... ............................... 6.8 5170 Modesto, CA ............. _ ........ _...__..... 12.3 CA Lassen; CA Modoe; CA Stanislaus. CA Plumas; CA Shasta; 8120 Stockton, CA ....... ............................... 24.3 CA Siskiyou; CA Tehama. CA San Joaquin. 175 Eureka, CA: Non -SMSA Counties ............. ................. 19.8 CA Alpine; CA Amador; CA Calaveras; CA Mariposa; Non -SMSA Counties .. ......................._....._. 6.6 CA Merccd; CA Tuolumne. CA Del Norte; CA Humboldt; CA Trinity. 179 Fresno - Bakersfield, CA: 176 San Francisco - Oakland -San Jose, CA: SMSA Counties: SMSA Counties: 0680 Bakersfield, CA ... ............................... 19.1 CA Kern. 7120 Salinas- Scasidc- 2840 Fresno, CA ........... ............................... 26.1 Monterey, CA ............. ............................... 28.9 CA Fresno. CA Monterey. 7360 San Francisco - Oakland, CA ................. 25.6 Non -SMSA Counties ..................................... 23'6 CA Alameda; CA Contra Costa; CA Kings; CA Madera; CA Marin; CA San Francisco; CA Tulare. CA San Mateo. 180 Los Angeles, CA: 7400 San Jose, CA ......... ............................... 19.6 CA Santa Clara. SMSA Counties: 7485 Santa Cruz, CA. ......... ._ ........ ._._....... 14.9 0360 Anaheim -Santa Ana - Garden CA Santa Cruz. Grove. .............. ............................... 11.9 7500 Santa Rosa, CA ..... ............................... 9.1 Orange. CA Sonoma. 4480 Los Angeles -Long 80 8720 Vallejo- Fairfieid- Napa, CA ................. 17.1 Beach, CA...................... ........................... 28.3 CA Napa; CA Solaro CA Los Angeles. 6000 Oxnard -Simi Valley - Non -SMSA Counties ......... ............................... 23.2 Ventura. CA............... ............................... 21.5 CA Lake; CA Mendocino; CA Ventura. CA San Benito. Form 1273 -- revised 3 -05 nN -n7 -95 FR -13 PAGE 36 'i • 1vnn 1173 It r, swd 3 -115 08- 117 -95 FR -14 IS I San Diego, 6780 Rivcrsidc -San Bernardino - Ontario, CA ................ ............................... 19.0 SMSA Counties CA Rivcrsidc; 7320 San Diego, CA ... ._.._........ ......._........ 16.9 CA San Bernardino. CA San Diego. 7480 Santa Barbara -Santa Maria- Non -SMSA Count ies ......... ............................... 18.2 Lompoc, CA ............... ............................... 19.7 CA Imperial. CA Santa Barbara. Non -SMSA Counties ..................................... 24.6 In addition to the reporting requirements set forth elsewhere in CA Inyo; CA Mono; this contract the Contractor and subcontractors holding CA San Luis Obispo. subcontracts, not including material suppliers, of S 10,000 or more, shall submit for every month of July during which work is performed, employment data as contained under Form FHWA PR -1391 (Appendix C to 23 CFR, Part 230), and in accordance with the instructions included thereon. 1vnn 1173 It r, swd 3 -115 08- 117 -95 FR -14 i� Local Assistance Procedures Mani PS &F Checklist Instructions i aIJC J/ EXHIBIT 12 -E Attachment C (THE BIDDER'S EXECUTION ON THE SIGNATURE PORTION OF THIS PROPOSAL SHALL ALSO CONSTITUTE AN ENDORSEMENT AND EXECUTION OF THOSE CERTIFICATIONS WHICH AREA PART OF THIS PROPOSAL) EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION The bidder R. J. NOBLE COMPANY , proposed subcontractor , hereby certifies that he has XX, has not participated in a previous contract or subcontract subject to the equal opportunity clauses, as required by Executive Orders 10925, 11114, or 11246, and that, where required, he has filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filling requirements. Note: The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor (41 CFR 60- 1.7(b) (1)), and must be submitted by bidders and proposed subcontractors only in connection with contracts and subcontracts which are subject to the equal opportunity clause. Contracts and subcontracts which are exempt from the equal opportunity clause are set forth in 41 CFR 60 -1.5. (Generally only contracts or subcontracts of $10,000 or under are exempt.) Currently, Standard Form 100 (EEO -1) is the only report required by the Executive Orders or their implementing regulations. Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60- 1.7(b) (1) prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period or such other period specified by the Federal Highway Administration or by the Director, Office of Federal Contract Compliance, U.S. Department of Labor. 12.4.119 Page 12-77 February 1, 1"ll ayo uu Local Assistance Procedures Manual EXHIBIT 12 -E eS&E Checklist Instructions Aft Attachment E DEBARMENT AND SUSPENSION CERTIFICATION TITLE 49, CODE OF FEDERAL REGULATIONS, PART 29 The bidder, under penalty of perjury, certifies that, except as noted below, he /she or any other person associated therewith in the capacity of owner, partner, director, officer, manager: • Is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any Federal agency; • Has not been suspended, debarred, voluntarily excluded or determined ineligible by any Federal agency within the past 3 years; • Does not have a proposed debarment pending; and • Has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past 3 years. If there are any exceptions to this certification, insert the exceptions in the following space. NONE Exceptions will not necessarily result in denial of award, but will be considered in determining bidder responsibility. For any exception noted above, indicate below to whom it applies, initiating agency, and dates of action. Notes: Providing false information may result in criminal prosecution or administrative sanctions. The above certification is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Certification. 124.89 Page 12-81 February 1, 1998 Local Assistance Procedures PS &E Checklist Instructions a, NONLOBBYING CERTIFICATION FOR FEDERAL -AID CONTRACTS rage 39 EXHIBIT 12 -E Attachment F The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure of Lobbying Activities," in accordance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly. 124 -19 Page 12-83 February 1, 1998 Lochl Assistance Procedures Male PS&E Checklist Instructions • Page 40 EXHIBIT I2 -E Attachment G DISCLOSURE OF LOBBYING ACTIVITIES Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352 1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type: F1 a. conlract o. grant a. bidroller /application pp., initial award Q initial material charge NONE C. cooperahve agreement N N$, post -award d. loan For Material Change Only: e. ban guwamee year Walter I. ban insurance date of last report 4. Name and Adress of Reporting Entity: 5. if Reporting Entity in No. 4 is Subawardee. Enter ❑ Prime ❑ Subawardee Name and Address of Prime: NONE Ter _ it known NONE Congressional District, if known: Congressional District, if known: 6. Federal Department/Agency: 7. Federal Program Name/Description: NONE NONE CFDANumber, i /applicable 8. Federal Action Number, if known: 9. Award Amount, if known: NONE NONE 10. a. Name and Address of Lobbying Entity b. Individuals Performing Services (including address if (it individual, last name, first name, MI): different from No. 10a) (last name, first name, MI): NONE NONE (attach Continuation Sheets) if necessary) 11. Amount of Payment (check all that apply): 13. Type of Payment (check all that apply) $ ❑ actual ❑ planned NONE N a. retainer b. one -time fee 12. Form of Payment (check all that apply): a. cash c. commission d. contingent lee b. in -kind; specify: nature e. deterred NONE value N E I. other, specify: P N 14. Brief Description of Services Performed or to be performed and Date(s) of Service, including officer(s), ployee(s), or member(s) contacted, tot Payment Indicated in Item 11: NONE (attach Continuation Sheets) if necessary) 15. Continuation Sheet(s) attached: Yes ❑ No Gk , 3 . N LE COMPANY 16. Information raprested through this Corm is authorized by roe 31 U.S.C. section Signatur . 1352. This disdowe of lobbying activities is a material representation of [act Won which reliance vas placed by she tier above when the transaction was Print Na M Op.ACE made a entered into. This disclosure is required pursuant to 31 U.S.C. 1352. This ihomatwn will be reported to the Congress sem- anwalty and will be Title: PRESIDENT available for pudic i spactim Any person who lass to file the tegured dsclosum snaa be subject to a civil penalty of not less than $10,000 and not more than Telephone No.: 714-637-155 Date: 6/11/99 $100,000 for each such failure. F� Edefdl USE On N Auctioned wr Local Repmdlidwn staroard Form. LLL Standafd Form tLl New. 0103-95 Page 12 -85 February 1, 1998 I aqv ti i Local Assistance Procedures Manual EXHIBIT 12 -E AIS&E Checklist Instructions Attachment G 14. Provide a specific and detailed description of the services that the lobbyist has performed or will be expected to perform and the date(s) of any services rendered. Include all preparatory and related activity not just time spent in actual contact with Federal officials. Identify the Federal officer(s) or employee(s) contacted or the officer(s) employee(s) or Member(s) of Congress that were contacted. 15. Check whether or not a continuation sheet(s) is attached. 16. The certifying official shall sign and date the form, print his/her name title and telephone number. Public reporting burden for this collection of information is estimated to average 30 minutes per response, including time for reviewing instruction, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348- 0046), Washington, D.C. 20503. SF- LLL -Inm rims Rev. 06- 04- 90•ENDIF. Page 12.87 February 1, 1998 i Local Assistance Procedures M P� &E Checklist Instructions rage 42 EXHIBIT 12-E Attachment J 5 -1. DBE RECORDS. -- The Contractor shall maintain records of all subcontracts entered into with certified DBE subcontractors and records of materials purchased from certified DBE suppliers. Such records shall show the name and business address of each DBE subcontractor or vendor and the total dollar amount actually paid each DBE subcontractor or vendor. Upon completion of the contract, a summary of these records shall be prepared on Form CEM -2402 and certified correct by the Contractor or his authorized representative, and shall be furnished to the Engineer. Page 12-95 February 1, I"ll . --I— . Local Assistance Procedures Manual EXHIBIT 12 -E PS &E Checklist Instructions Ask Ask Attachment K S -/. 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 -97 February 1, I"ll , ayC -+4 Local Assistance Procedures Manual EXHIBIT 12 -E P6 &E Checklist Instructions + Am Attachment L MF r T �a LOCAL AGENCY BIDDER -DBE INFORMATION This information may be submitted with your bid proposal. If it is not, and you are the apparent low bidder or the second or third low bidder, it must be submitted and received by the administering agency no later than the time specified in the special provisions. CO. /RTE. /P.M.: STPLMA 5151(010) CONTRACT NO.: 3242 —A BID AMOUNT: $ 424,537.50 BID OPENING DATE: June 11, 1999 BIDDER'S NAME: R. J. NOBLE COMPANY ADDRESS: 15505 E. Lincoln Avenue Orange, CA. 92865 DBE GOAL FROM CONTRACT 12 % CONTRACT ITEM NO. ITEM OF WORK AND DESCRIPTION OF WORK OR SERVICES TO BE SUBCONTRACTED OR MATERIALS TO BE PROVIDED NAME OF DBE •• (Name of DBEs, Certification Number, and Telephone Number) DOLLAR AMOUNT •• • DBE PERCENT • •• DBE 6, 7 Adj. manholes & water valves Ramirez Construction 10,050.00 100% 024273 909 869 -9213 4 Trucking Rubacalva Trucking 35,950.00 100% 026937 909 - 393 -5617 8 Traffic Loops 012866 9,200.00 100% Total Claimed $55,200. 0 $55,200 Participation 13% % • It IUU% of item is not to be performed or furnished by DBE, describe exact portion, including planned location of work to be Derformed. of item to be nerforrned or furnished by DRE • • DBES must be certified by Caltrans on the date bids are opened. Subcontractors and suppliers certified state - funded only cannot be used to meet goals on federally funded contracts. • • • Credit for a DBE supplier, who is not a manufacturer is limited to 60% of the amount paid to the supplier. (See Section "Disadvantaged Business" (DBE) of the special provisions) IMPORTANT: Names of DBE subcontractors and their respective items) of work listed above should be consistent with the name and items of work in the "List of Subcontractors" rs Listine Law. rea JIM GRACE, PRESIDENT Person to Contact (Please type or print) Distribution for NHS Projects: (1) Original- Caluans DLAE for NHS Projects, (2) Copy -Local Agency project file Distribution for non -NHS Projects: (1) Original Local Agency project file DEPT. OF TRANSPORTATION (FED DBE) MODIFIED DC -OE -19 (REV 09- I9-95) Page 12 -99 February 1, 1998 PAGE PR -1 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL JAMBOREE ROAD REHABILITATION STPLMA 5151 (010) CONTRACT NO. 3242 -A To the Honorable City Council City of Newport Beach 3300 Newport Boulevard, P. 0. Box 1768 Newport Beach, California 92663 -8915 Gentlemen: The undersigned declares that he has carefully examined the location of the work, has read the Instructions to Bidders, has examined the Plans and Special Provisions, and hereby proposes to furnish all materials except that material supplied by the City and shall perform all work required to complete Contract No. 3242 -A in accord with the Plans and Special Provisions, and will take in full payment therefore the following unit prices for the work, complete in place, to wit: ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 1. Lump Sum Mobilization @ Eleven thousand Dollars and no Cents Per Lump Sum 2. Lump Sum Traffic Control Ten thousand three hundred Dollars and no Cents Per Lump Sum 3. 67,900 S. Y. Variable Thickness Cold Mill and Disposal of A.C. Pavement @ No Dollar and eighty Cents Per Square Yard p:t152911spms\15291_spms.dx $ .80 $ 11,000.00 a. 1l g'.N 5291 1p X15291 spe .dw PAGE PR -2 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 4. 5,650 Tons Construct 1 -1/2" Thick ARHM Overlay @ Forty nine Dollars and seventy five Cents $ 49.75 $ 281,087.50 Per Ton 5. 1 LS Crack Seal Pavement @ Eleven thousand Dollars one hundred and no Cents $ 11,100.00 $ 11.100.00 Per Lump Sum 6. 16 Each Adjust Manhole Frames and Covers to Grade @ Two hundred sixty Dollars five and no Cents $ 265.00 $ 4,240.00 Per Each 7. 34 Each Adjust Utility Valve Boxes and Covers to Grade @ Two hundred ten Dollars and no Cents $ 210.00 $ 7,140.00 Per Each 8. 46 Each Install Traffic Signal Detector Loop @ Two -- hundred Dollars twenty five and no Cents $ ??5.00 $ _10,350.00 Per Each 9. Lump Sum Install Traffic Striping, Markings, Markers, Etc. Eighteen thousand @ five hundred Dollars and no Cents $ 18,500.00 Per Lump Sum g'.N 5291 1p X15291 spe .dw PAGE PR -3 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 10. 2 EA Provide, Install, Maintain, and Salvage Project Information Sign @ Five thousand nine Dollars hundred and no Per Each 11. Lump Sum Survey Service @ Four thousand Dollars seven hundred and no Cents Per Lump Sum TOTAL PRICE IN WRITTEN WORDS Four hundred twenty four thousand five hundred thirty seven Dollars and fifty Cents Bidder's R. J. NOBLE COMPANY Bidder's Address 15505 E. Lincoln Avenue Orange, CA. 92865 Bidder's Telephone Number 714 - 637 -1550 $ 5.900.00 $ 11,800.00 $ 4,700..00 $ 424,537.50 Total Price Contractor's License No. & Classification A- 121735 A June 11, 1999 Date rized Signature & Title JIM GRACE, PRESIDENT g1152911s,e M291_spx .d. • • 1 1;UU $ { APPROVED TO: Mayor and Members of the City Council FROM: Public Works Department C - mO) • FA tyaa (� l4-o) June 28, 1999 CITY COUNCIL AGENDA ITEM NO. 8 SUBJECT: JAMBOREE ROAD REHABILITATION, EAST COAST HIGHWAY TO SAN JOAQUIN HILLS ROAD — STPLMA 5151 (010), AWARD CONTRACT NO. 3242 (A) RECOMMENDATIONS: Approve the plans and specifications for Jamboree Road Rehabilitation, East Coast Highway to San Joaquin Hills Road (Federal Authorization No. STPLMA 5151 (010). 2. Award Contract No. 3242 (A) to R.J. Noble Company for the Total Bid Price of $424,537.50, and authorize the Mayor and the City Clerk to execute the contract. 1 Establish an amount of $42,000 to cover the cost of material testing and unforeseen work. 4. Authorize a budget amendment to appropriate $151,609 of Federal Highway AHRP Funds STPLMA 5151 -(010) into a newly established Account No. 7285- C5100480. 5. Authorize a budget amendment to increase revenue estimates by $151,609 to Account No. 285 -4880. BACKGROUND: During May 1998, staff submitted four (4) applications to the Orange County Transportation Authority (OCTA) to compete against other Orange County agencies for federal funds available through the Federal Highway Administration (FHWA) Arterial Highway Rehabilitation Program (AHRP) to share the cost of rehabilitating certain arterial roadways in the City. In August 1998, the OCTA Board of Directors approved the City's FY 1998 -99 applications Which included: San Joaquin Hills Road from Jamboree Road to MacArthur Boulevard, Jamboree Road from East Coast Highway to San Joaquin Hills Road, and Irvine Avenue from Santiago Drive to Tustin Avenue. The Board also later approved a project for FY 1998 -99, which is San Joaquin Hills Road from MacArthur Boulevard to Marguerite Avenue. While OCTA selects the projects to be funded by AHRP, project advertisement, funding authorization and reimbursement from FHWA are handled through Caltrans. SUBJECT: Jamboree Road Roilitation, East Coast Highway to San Joaquin Road - STPLMA 5151 (010), Contract No. 3242 (A) - Award of Contract June 28, 1999 Page: 2 DISCUSSION: At 11:00 A.M on June 11, 1999, the City Clerk opened and read the following bids for this project: BIDDER TOTAL BID AMOUNT Low R.J. Noble Company $424,537.50 2 Griffith Company $438,160.00 3 All American Asphalt $468,090.00 4 Excel Paving Company $481,967.00 5 Holland -Lowe Construction $483,076.50 6 Sequel Contractors, Inc. $547,890.00 The low total bid amount is 21 % below the Engineer's Estimate of $540,000.00. The low bidder, R.J. Noble Company, possesses a General Engineering Contractor's "A" License as required by the project specifications. R.J. Noble Company has satisfactorily completed similar pavement rehabilitation projects for the City. This project provides for the cold milling of asphalt concrete pavement; removal of pavement material; placement of asphalt rubber hot mix; replacement of traffic signal detector loops; installation of new traffic striping and pavement markers; and the temporary installation of 2 project information signs for each project as required by the FHWA. To minimize inconvenience to the public, the contract specifications call for at least one lane to be open in either direction on Jamboree Road between 9:00 a.m. and 3:00 p.m., at least two lanes be open in either direction on Jamboree Road from 7:00 a.m. — 9:00 a.m. and from 3:00 p.m. to 4:00 p.m. and for all lanes to be open during non -work hours (unless closure is required for the drying of subgrade material). All construction work must be completed within 40 consecutive working days. Funding for the work on Federal Authorization No. STPLMA 5151 (010) is proposed as follows: Account Number Account Description Amount 7285- C5100480 FHWA AHRP Participation $151,609.00 7181- C5100480 Gas Tax $314.928.50 Total: $466,537.50 Respectfully s tted, Ic W— O—RKS DEPARTMENT Don Webb, Director By: Ed Wimmer, P.E. Senior Civil Engin er Attachment: Project Location Map Bid Summary Budget Amendment \\mis_l\sys\ users \pbw\ shared \council \fy9B- 99\june- 28\jamboree c- 3242 -a.doc JAMBOREE ROAD REHABILITATION EAST COAST HIGHWAY TO SAN JOAQUIN HILLS ROAD milk CP a O ✓0 O 9 •J 4. FASHION ISLAND �O PACIFIC � o COsr LOCATION MAP NOT TO SCALE U Q MW W O IL w Z LL O r_ V U_ O W a F- Z W IL W Q Y 1.1. v J m IL rn 01 D1 C) O E iii f0 F- O � tii E E E U 3 ui O m W Y C 4 W U ' _ U U Z H oa Q ❑ J U � O uj ❑ m In • 0 0 0 0 0 0 0 0 0 0 0 99 0 0 0 0 0 0 0 0 0 0 p � OO O O O O O O O N O O 00 ... � Z O m O O �00�- 0 00 °0 t O m V N Nm O m O) O t0 N m p 00"o 10 W O c m O N N N W Q N r ryc U uvi � f» 0 0 o m o 0 0 0 0 0 0 0 QF °o OOV°i0 0 0 0 0 0 °o .°n °o °o O U o o m o 0 cmirn 0 0 0 0 0 N O= ❑m� O 0 O 0 G o 0 N 0 N 0 "000 morn 0 0 � OJ E 0 0 0 0 0 0 0 0 0 0 0 p 0 0 0 0 0 0 0 0 0 0 0 p C O F 0 0 0 0 0 0 0 0 0 0 0 O 2 Z ooc'>�n000m000 O m� O) V O V m N O V ul � 0 � .n < m m m O C O M - ? O) c'> U Q Ea U O O O O m X 0 0 0 0 0 0 0 0 0 0 0 0 0 0 G 0 0 0 0 0 0 0 0 0 0 0 = o o r o 0 0 0 0 0 0 0 O~ O O O O O M O O O N N O N 0 m 0 0 0 0 N ❑ W 0 0 o 0 O o o o o o o 0 o o 0 o o 0 0 0 0 o �OOOUI 0 0 0 0 0 0 0 0 0 0 0 O p CZ 000Ln000000o m 10 01 o mop O) m m N OOO O O O O F' 0 0 0 fV 0 0 0 0 0 0 0 � E Z O O O N m M O Q� m 0 0 0 01 0❑.- m 0 o��aroa6-v V N UQ E 2 r U Q m a O °o °r °o °o °0 °o °o08S O O O O m 0 0 0 0 0 0 0 = Z O O m r 0 0 0 0 0 0 0 W H 0 0 0 0) O O O 1t1 0 0 0 > O N � � O N N V J r 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 p Z o O m N o m o 0 0 0 0 m 0 10 0 O 0 O 0 N 00 o �o ui 06 C5 .=o 0 uir O M N N O `o Q 1w - z p 7i ea F °00000 o o 0 0 o O o o O° 0 0 o o o o a A ~ O N N N O 0O N O O O n Z O N O 0 a ❑ O °0 F W W S O N d O 3 G N r ❑ N U Q E o> c N N Y Z N Q O1 N J U J J J V) H J W LLI W LLI W IL W Z e- O 001 o >> MAW 3 N D >UU¢¢ W N == � in d WA N f7 E u1 m r m rn° � a' .e `o O a F- d 0> a H n` ry O y m e LU a_Q a. N C� •• c n ❑ `� Q N c as d'a => 05 )E5 oca =1 U F N~ n d N U 3 !- > U U Q Q<< a N LU • 0 N X d N m V E m c L� N w 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 � OO O O O OO OO OO OO OO OO OO O O �00�- 00 °0 cZ 1°n_MMy m 00"o 10 W O c m O N N N W N r uvi � f» 0 0 0 0 0 0 0 0 0 0 0 0 U o o m o 0 0 0 0 0 0 0 N O= O 0 O 0 G 0 O 0 N 0 N 0 "000 0 0 0 = OJ E N O O N O N p o 000ln000000o o o o o o 0 0 0 0 0 C O H Z 0 O 0 m m O m O O( N u7 m W of m� O O O O N 2 =NO O m O) N NM m p D W m� ry 01 00 trp O 0 � c N c'> U Q J O O O O m X 0 0 0 0 0 0 0 0 0 0 0 0 0 0 = O O m O N r m m 1U 0 0 o 0 O o o o o o o 0 o o 0 o o 0 0 0 0 o �OOOUI O Oi 0 0 0 W 0 0 0 0 0 O p CZ O m 10 01 o mop O) m m N OOO O O O O O 1(I r fV C O M 1p m 01 r � E - O V O � N 01 O m N UQ .n c a O °o °r °o °o °0 °o °o08S x~OO -omomow00000 = NlmwOoo ' W H O NO O Oi t7 V N r m o 0 `o - z p 7i F a d o a A y m n a ❑ O °0 F W of d O 3 a.9 n ❑ U Q E o> c y N j O1 N E U a c o >> 3 Z o �H >UU¢¢ == � in WA N f7 Y u1 m r m rn° � 0 N X d N m V E m c L� N w C%F of Newport Beach . NO. BA- 082 BUDGET AMENDMENT 1998 -99 AMOUNT: 5751,609.00 CT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates Increase in Budgetary Fund Balance Increase Budget Appropriations AND Decrease in Budgetary Fund Balance Transfer Budget Appropriations Px No effect on Budgetary Fund Balance from existing budget appropriations X from additional estimated revenues from unappropriated fund balance EXPLANATION: This budget amendment is requested to provide for the following: To appropriate Federal Highway Funds for Jamboree Road rehabilitation. There have been no prior budget amendments. ACCOUNTING ENTRY: Amount BUDGETARY FUND BALANCE Debit Credit Fund Account Description 010 3605 Fund Balance Control REVENUE APPROPRIATIONS (3601) Fund /Division Account Description 285 4880 Federal Highway Funds $151,609.00 EXPENDITURE APPROPRIATIONS (3603) Description Division 7285 AHRP Account C5100480 Jamboree Road $151,609.00 Division Account Division Account Division Account Division Account Signed: i i-ncjd1 Appfcv@T. Finance nec r Date Signed: G Administrative Ap val: City Manager QAe P' -ved: City Council Approval: City Clerk Date CW of Newport Beach lo NO. BA- 082 BUDGET AMENDMENT 1998 -99 AMOUNT: ;�5t,eo9.00 'ECT ON BUDGETARY FUND BALANCE: X Increase Revenue Estimates Increase in Budgetary Fund Balance Increase Budget Appropriations AND Decrease in Budgetary Fund Balance Transfer Budget Appropriations Px No effect on Budgetary Fund Balance from existing budget appropriations BY THE CI T f COUNCIL X from additional estimated revenues i CITY OF NE'.NFO-RT BEACH from unappropriated fund balance EXPLANATION: .1llMi 28.- I . This budget amendment is requested to provide for the following: To appropriate Federal Highway Funds for Jamboree Road rehabilitation. There have been no prior budget amendments. ACCOUNTING ENTRY: Amount BUDGETARY FUND BALANCE Debit Credit Fund Account Description 010 3605 Fund Balance Control REVENUE APPROPRIATIONS (3601) Fund /Division Account Description 285 4880 Federal Highway Funds $151,609.00 EXPENDITURE APPROPRIATIONS (3603) Description Division 7285 AHRP Account C5100480 Jamboree Road Division Account Division Account Division Account Division Account Automatic Signed: Signed: P' -ned: L�lyy U&h d /) , /Viz, City Council Approval: City Clerk $151,609.00 a� �9 Date CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3005 August 18, 1999 Griffith Company 2020 S. Yale Street Santa Ana, CA 92704 Gentlemen: Thank you for your courtesy in submitting a bid for the Jamboree Road Rehabilitation from East Coast Highway to San Joaquin Hills Road (Contract No. 3242 -A) in the City of Newport Beach. Enclosed is the Bid Bond which accompanied your proposal for the above mentioned project. Your cooperation in working with us on this matter is greatly appreciated, and we hope that you will accept future opportunities to bid on projects of a similiar nature. Enclosure Sincerely, --�� ( %�-x •�. t �%i . Imo/- ��a-a� LaVonne M. Harkless, CMC /AAE City Clerk 3300 Newport Boulevard, Newport Beach CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3005 August 18, 1999 Sequel Contractors, Inc. 12240 Woodruff Avenue Downey, CA 90241 Gentlemen: Thank you for your courtesy in submitting a bid for the Jamboree Road Rehabilitation from East Coast Highway to San Joaquin Hills Road (Contract No. 3242 -A) in the City of Newport Beach. Enclosed is the Bid Bond which accompanied your proposal for the above mentioned project. Your cooperation in working with us on this matter is greatly appreciated, and we hope that you will accept future opportunities to bid on projects of a similiar nature. Enclosure Sincerely, / L' ✓7.i C �� . tJlN72YL LaVonne M. Harkless, CMC /AAE City Clerk 3300 Newport Boulevard, Newport Beach CITY OF NEWPORT AACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3005 August 18, 1999 Holland -Lowe Construction, Inc. 427 S. Pershing Avenue San Bernardino, CA 92408 -1320 Gentlemen: Thank you for your courtesy in submitting a bid for the Jamboree Road Rehabilitation from East Coast Highway to San Joaquin Hills Road (Contract No. 3242 -A) in the City of Newport Beach. Enclosed is the Bid Bond which accompanied your proposal for the above mentioned project. Your cooperation in working with us on this matter is greatly appreciated, and we hope that you will accept future opportunities to bid on projects of a similiar nature. Enclosure Sincerely, LaVonne M. Harkless, CMC /AAE City Clerk 3300 Newport Boulevard, Newport Beach CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3005 August 18, 1999 Excel Paving Company P.O. Box 16405 Long Beach, CA 90806 -5195 Gentlemen: Thank you for your courtesy in submitting a bid for the Jamboree Road Rehabilitation from East Coast Highway to San Joaquin Hills Road (Contract No. 3242 -A) in the City of Newport Beach. Enclosed is the Bid Bond which accompanied your proposal for the above mentioned project. Your cooperation in working with us on this matter is greatly appreciated, and we hope that you will accept future opportunities to bid on projects of a similiar nature. Enclosure Sincerely, v LaVonne M. Harkless, CMG /AAE City Clerk 3300 Newport Boulevard, Newport Beach CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 6443005 August 18, 1999 All American Asphalt P.O. Box 2229 Corona, CA 91718 -2229 Gentlemen: Thank you for your courtesy in submitting a bid for the Jamboree Road Rehabilitation from East Coast Highway to San Joaquin Hills Road (Contract No. 3242 -A) in the City of Newport Beach. Enclosed is the Bid Bond which accompanied your proposal for the above mentioned project. Your cooperation in working with us on this matter is greatly appreciated, and we hope that you will accept future opportunities to bid on projects of a similiar nature. Enclosure Sincerely, LaVonne M. Harkless, CMC /AAE City Clerk 3300 Newport Boulevard, Newport Beach