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HomeMy WebLinkAboutC-3374(B) - San Miguel Drive from San Joaquin Hills Road to Ford RoadCITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK LaVorme M. Harkless, CMC March 26, 2003 All American Asphalt P.O. Box 2229 Corona, CA 92878 -2229 Subject: San Miguel Drive Pavement Rehabilitation (C -3374) To Whom It May Concern: On March 26, 2002, the City Council of Newport Beach accepted the work of the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 35 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code and to release the Faithful Performance Bond one year after Council acceptance. The Labor & Materials Bond was released on May 15, 2002. The Surety for the contract is Safety Insurance Company of America, and the bond number is 606 96 35. Enclosed is the Faithful Performance Bond. Sincerely, LaVonne M. Harkless, CMC City Clerk LMH:lib cc: Public Works Department Stephen Luy, Project Manager enclosure 3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, California 92658 -8915 Telephone: (949) 644 -3005 - Fax: (949) 644 -3039 • www.city.newport- beach.ca.us LXECUTED IN FOUR (4) PARTS CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SAN MIGUEL DRiVE PAVEMENT REHABILITATION CONTRACT NO.-3374 BOND NO. 606 97 35 -4 •- :• The premium charges on this Bond is $ 3,575.00 being at the rate of $ 5.00 thousand of the Contract price, WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, awarded to All American Asphalt, hereinafter designated as the *Prindpal ", a contract for construction of SAN MIGUEL DRIVE PAVEMENT REHABILITATION, Contract No, 3374 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. 3374 and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract; NOW, THEREFORE, we, the Principal, and SAFECO INSURANCE COMPANY OF AMERICA , duly authorized to transact business under the laws of the State of Califomia as Surety (hereinafter "Surety"), are held and firmly bound unto the City of Newport Beach, In the sum of seven hundred fifteen thousand, fifty -one and 18/100 Dollars ($715,051.18) lawful money of the United States of America, said sum being aqua] 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, fall 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 vold. 10 0 As a part of the obligatlon 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 C(ty, only In the event the City Is required to bring an action In law or equity against Surety to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or to the specifications accompanying the same shall in any way affect its obligations on this Bond, and It does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal In full force and effect for one (1) year following the date of formal acceptance of the Project by the City. In the event that the Principal executed this bond as an Individual, it is agreed that the death of any such Principal shall not exonerate the 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 24th day of JULY 12001, ALL AMERICAN ASPHALT Name of Contractor (Principal) SAFECO INSURANCE COMPANY OF AMERICA Name of Surety 2677 NO. MAIN ST, #600 SANTA ANA, CA. 92705 Address of Surety SURETY: 714 -437 -3052 Telephone AGENT: 714- 935 -1112 Authorized S(gnatureMtte ut orized Agent Signature OWEN M. BROWN, ATTORNEY -IN -FACT Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 0 0 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of l� D l V E R S ss. / T) E On S ( d,_� —, before me, &-NAJ ;5 3_07N6-s .Ar*RY Acaz, ;(� Pate Name and Title of Officer (e.., "Jane Doe, Notary Public ") personally appeared ,- esv;als joN� + ^ Ccmmi�fcr, 72GCfi94 i c.,�gi =F" Notsty Pt;bl;c - Cciifcr pia Z> Riverside County 3vtyCcmm. 5p: -3Oct 30,2' 9 personally known to me to be the personO whose name(4 is� subscribed to the within instrument and acknowledged to me that hel.%�/Arl5y` executed the same in hiss Ir authorized capacityCie<, and that by his/berlfpeiP signaturefeon the instrument the person*, or the entity upon behalf of which the personas} acted, executed the instrument. WITNESS my hand and official seal. Place Notary Seal Above Signature of Nofty Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Title or Type of Document: _ Document Date: 7)ai /o/ Number of Pages: %U/n r Signer,W Other Than Named Above: DwEN /� . �Q N!N CapacitypeSf Claimed by Signer Signer's Name: T�08.E2_T_ ❑ Individual .A' Corporate Officer — Titlet ): VICE PRESIDENT Top of thumb here ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ALL AMERICAN ASPHALT I_ J 01999 National Notary M50CIa(en • 9350 De Soto Ave., P.O. Box 2,l02 • CNilswoM, DA 913132,102 • w .na9onalnoary.org Prwl. No. 5907 Raotoao Call Toll-Free 1-900 676-SM L CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California 1 ss. County of ORANGE J On 7 -24-01 before me, BARBARA J. BENDER, NOTARY PUBLIC Date Name end Tide of Officer (e.g., 'Jana Doe, Notary Puolk') personally appeared OWEN M. BROWN Nam.(&) of Signals) Pled Notary seal Above 111} personally known to me �•IJ4,15 i 14.1 i is ►4 x111 f•.Ii £3 -h�1? �a323 � is ;1.11.:1:]R to be the person% whose name0s) is}em subscribed to the within instrument and acknowledged to me that heDGkCexecuted the same in his/0@Ldi7 IM authorized capacityM and that by hisibeddu!dr signature *on the instrument the personX, or the entity upon behalf of which the person (o) 94tedd executed the instrument. seal. OPTIONAL Though the In formation below Is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: PERFORMANCE BOND NO. 606 97 35 Document Date: 7 -24 -01 Number of Pages: TWO (2 ) Signer(s) Other Than Named Above: ALL AMERICAN ASPHALT Capacity(les) Claimed by Signer Signer's Name: OWEN M. BROWN ❑ Individual r Top of IDUmD hare ❑ Corporate Officer — Title(s): ❑ Partner — ❑Limited ❑General XXXXAttomey in Fact ❑ Trustee • Guardian or Conservator • Other: Signer Is Representing: SAFECO INSURANCE COMPANY OF AMERICA O 1•W Meow Notary AUoddbon • 92eo N Soto Ave.. P.O. Sm 2x02 • Chata , CA 912112b • ewe.n9wYglNy.aq Peal. No. 5907 Am r. Cat Ta Fm ld 47aaa27 ."4 May 14, 2002 CT 7 OF NEWPORT kACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 (949) 644 -3005 All American Asphalt P.O. Box 2229 Corona, CA 92878 -2229 Subject: San Miguel Drive Pavement Rehabilitation (C -3374) To Whom It May Concern: On March 26, 2002, the City Council of Newport Beach accepted the work of the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 35 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code, and to release the Faithful Performance Bond one year after Council acceptance. The Notice of Completion was recorded by the Orange County Recorder on April 9, 2002, Reference No. 20020297904. The Surety for the contract is Safeco Insurance Company of America, and the bond number is 606 97 35. Enclosed is the Labor & Materials Payment Bond. Sincerely, yvon"n� 4?.a44, LaVonne M. Harkless, CMC /AAE City Clerk LMH:Iib cc: Public Works Department Stephen Luy, Project Manager encl. 3300 Newport Boulevard, Newport Beach MCUTED IN FOUR (4) PARTS CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SAN MIGUEL DRIVE PAVEMENT REHABILITATION CONTRACT NO. 3374 BOND NO. 606 97 35 WHEREAS, the City Council of the Qty of Newport Beach, State of CalNomla, by motion adopted, has awarded to All American Asphalt, hereinafter designated as the "Principal," a contract for construction of SAN MIGUEL DRIVE PAVEMENT REHABILITATION, Contract No. 3374 In the City of Newport Beach, in strict conformity with the plans, drawings, speeffleations 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. 3374 and the terms thereof require the furnishing of a bond, providing that If Principal or any of Principal's subcontractors, shall fall 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, FECO INSURANCE COMPANY OF AMERICA 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 seven hundred fifteen thousand, fifty -one and 18!100 Dollars ($715,051.18) 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, fall 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, than the Surety will pay for the same, in an amount not exaeeding the sum specified In this Bond, and also, in case suit Is brought to enforce the obligations of this Bond, a reasonable attorneys fee, to be fixed by the Court as required by the provisions of Section 3250 of the Civil Code of the State of California. 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 CNII 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 California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall In any wise affect Its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the work or to the specifications. In the event that any principal above named executed this Bond as an individual, It Is agreed that the death of any such 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 24th day of JULY —02001. ALL AMERICAN ASPHALT Name of Contractor (Principal) SAFECO INSURANCE COMPANY 2677 NO. MAIN ST, #600 SANTA ANA, CA. 92705 Address of Surety SURETY: 714 -437 -3052 Telephone AGENT: 714 - 935 -1112 Signature OWEN M. BROWN, ATTORNEY -IN -FACT Print Name and Title NOTARY ACKNOWLEDGMENTS OF CON7RACTOR AND SURETY MUST BE ATTACHED CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT r' r State of California .3 S& County of Pi V e-1ZS / D E -- ? s On 0 before me, P"A//S VON ES, A)07—AAY Ali "S Ll�, r ate Name and Title of officer ( .'Jane Doe. Notary Poblic') r• personally appeared DENNIS JONES ConmL=n # 1200794 t ofary Pub!!c - Coll Ono Riverside County -e5 0My C. tn. Ems: 0` s3 .2CC2 - a2i4171. EY r Namejerot Slgn,tW t* K personally known to me r played to I, e at the basis of 8.ae"u`� r 4wkienee r� to be the person(e whose name(( ism subscribed to the within instrument and r� acknowledged to me that he 151fW0fy executed 5 the same in histyE fr authorized i capacity,(iesl, and that by his /DDrAiileir signaturee,(eron the instrument the person(s�, or the entity upon behalf of which the person($? acted, executed the instrument. WITNESS my hand and official seal. Place No'.ary Seal Above S19nalwe of toiy Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attache Title or Type of Document: Document Date: Ll =C � Number of Pages: :j" P&661 Signer(tsfOtherThan Named Above A : OW �h% /mil. 'OkoM //✓ Capacity0eSj'Claimed by Signer Signer's Name: �Q(3 g; SKADIX)—/ rl Individual IN' Corporate Officer — Titlew: _ ❑ Partner — C Limited C General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator Other: VICE PRESIDENT RIGHT THUMBPRINT OF SIGNER r y N r. r; r s ALL AMERICAN ASPHALT ? Signer Is Representing: S r S (.`%wc:i',- .l.i..�'= .;'%.. �-,...` ��` �w`-'- �v::�,Ci��S.�i..U.r✓..i...!..i. `YV%.'kL�v.v%.'�,�..: ,.' ...... .. .... ......�.�..� .. • 0 1999 National Ne1ary Assonaaon • 9350 De Solo Ave., PC BOX 2402 • Cbalawonh. CA 91313.240? • xxnv.nmwrolmierya,g Pud NO 5007 Pooloa( Call 1011-Froa I. 804)- 7 &6627 0 0 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California 1 SS. County of ORANGE J On 7-24 -01 before me, BARBARA J. BENDER, NOTARY PUBLIC Date Name and TW of Officer (e.g., -Jerre Doe. Nearly Pa lif) personally appeared OWEN M. BROWN Namep) of Slener(•) Place Notary Seal A a •XX: personally known to me = i lfi.� i T:Ki'S• LL•.�'i ?� = 'dal• ??o3 �J i i; :7.Pi1;7 TA: to be the person(V whose name06) isIM subscribed to the within instrument and acknowledged to me that heNMEMWexecuted the same in his/KKUR M authorized capacity(}n and that by hislberitJ;mk signatureWon the instrument the personX, or the egtity upon behalf of which the personts) ac)6d, )executed the instrument. OPTIONAL seal. Though the Information below Is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: PAYMENT BOND NO. 606 97 35 Document Date: 7 -24 -01 Number of Pages: TKO (2 ) Signer(s) Other Than Named Above: ALL AMERICAN ASPHALT Capacity(les) Claimed by Signer Signer's Name: OWEN M. BROWN • Individual Top of u,ume "re • Corporate Officer — Title(s): • Partner —❑ Limited ❑ General 70GMCAttomey In Fact ❑ Trustee • Guardian or Conservator • Other. Signer Is Representing: SAFECO INSURANCE COMPANY OF AMERICA DIM N•1bW Nov7AF•orYaon • 9150 D• Sob A.•.. P.D. em 2M • CIrFb CA 917114,02 • Prof. No. 5607 RmWr CJ TaaFrw Id1}r >68R) SAFECO' POWER SAFECO INSURANCE COMPANY OFAMERICA GENERAL INSURANCE COMPANY OF AMERICA 1531 OF ATTORNEY HOME OFFICE: SAFECO PLAZA - SEATTLE, WASHINGTON 98185 No. 9184 KNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation, does each hereby appoint ........... ..............,........... o... .............. *OWEN M. BROWN: Anaheim. Califorttia ..............r..r +.......n.. ............. ..our. ............. its true and lawful attorney(s) -in -fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character issued in the course of its business, and to bind the respective company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this 28th day of R.A. PIERSON, SECRETARY W. RANDALL STODDARD, PRESIDENT CERTIFICATE Extract from the By -Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: 1999 "Article V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attorneys -in -fact or under other appropriate titles with authority to execute an behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970. 'On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of Article V, Section 13 of the By -Laws, and (ii) A copy of the power-of-attorney appointment, executed pursuant thereto, and (iii) Certifying that said powerof- attorney appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." I, R.A. Pierson, Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By -Laws and of a Resolution of the Board of Directors of these corporations, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By -Laws, the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation this 24th SEAL I REA1 S S- 09741SAEF 7198 day of JULY 1 2001 R.A. PIERSON, SECRETARY O Registered trademark of SAFECO Corporation. 412a/D9 PDF r - 10 1' Recorded in Official Records, County of Orange Darlene Bloom, Interim Clerk Recorder RECORDING REQUESTED BY AND IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIINOFEE WHEN RECORDED RETURN TO: 20020297904 02:28pm 04109102 200 25 N12 1 City Clerk 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 "Exempt from recording fees pursuant to Government Code Section 6903" N NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and All American Asphalt of Corona, California, as Contractor, entered into a Contract on July 24, 2001. Said Contract set forth certain improvements, as follows: San Miguel Drive Pavement Rehabilitation - C -3374 Work on said Contract was completed on February 21, 2002, and was found to be acceptable on March 26, 2002, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Safeco Insurance Company of America. — .Pnhlir U Cit�r oYh VERIFICATION Urft Director ewport Beach I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed o�n�/ (1 4 1 fir ae(-7, 0aoo X at Newport Beach, California. BY City Clerk �,�`�°°�ro., o �t1FOPd y , CD _. C3 m t) - r i.7 _ W TO: Mayor and Members of the City Council FROM: Public Works Department 0 March 26, 2002 CITY COUNCIL AGENDA ITEM NO. 6 SUBJECT: SAN MIGUEL DRIVE PAVEMENT REHABILITATION, CONTRACT NO. 3374 — 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 1 year after Council acceptance. DISCUSSION: On July 24, 2001, the City Council authorized the award of the San Miguel Drive Pavement Rehabilitation contract to All American Asphalt of Corona, California. The contract provided for the removal and replacement of deteriorated sidewalk, curb access ramps, curb and gutter, and the construction of new rubberized asphalt pavement. This project was approved by the Orange County Transportation Authority (OCTA) and Caltrans for Federal funds through the Arterial Highway Rehabilitation Program (AHRP). The contract has now been completed to the satisfaction of the Public Works Department. A summary of the contract cost is as follows: Original bid amount: $715,051.18 Actual amount of bid items constructed: 549,770.26 Total amount of change orders: 0.00 Final contract cost: $549,770.26 The decrease in the amount of actual bid items constructed below the original bid amount resulted from the decreased quantity of digout areas requiring AC structural replacement. The final overall construction cost including change orders was 23.1 percent under the original bid amount. No change orders were written for the project. -i- SUBJECT: San Miguel Drive Pavement Rehabilitation, Contract No. 3374—Completion anIptance March 26, 2002 Page 2 Funds for the project were expended in the following accounts: Description Account No. Amount AHRP 7285- C5100585 $159,143.00 Gas Tax 7181- C5100585 167,501.08 Measure M Tumback 7281- C5100585 223,126.18 Total $549,770.26 The original scheduled completion date was October 31, 2001. All paving work was completed by that date, but the completion date was extended to February 21, 2002, in order to complete concrete -work, root barriers, landscape repairs, and other punch -list items. All work was completed by the revised completion date. Respectfully PUBLIC WORKS DEPARTMENT 4 Stephen G. Badum, Director By: A 4G"I R. Gunther, P.E. Construction Engineer 1�cn 1/V STATE OF CALIFORNIA. BUSINESS TRANSPORTATION AND HOUSING AGENCY _ GRAY DAVIS,Govemor DEPARTMENT OF TRANSPORTATION Division of Local Assistance t4-7' 1120 N STREET P.O. BOX 942874, MS# 1; Sacramento, CA 94274 -0001 TDD (9 16) 654 -4014 O �oOl i (916) 654 -3151 Fax (916) 654 -2409 July 31, 2001 f11e.: 12- ORA- 0 -NPTB STPL - 5151(013) San Miguel Drive from San Joaquin Hills Road to Ford Road Mr. Don Webb Director of Public Works City of Newport Beach P.O. Box 1768 Newport Beach, CA 92658 -8915 Attn: Mr. Bill Patapoff Dear Mr. Webb: Enclosed is your fully executed copy of Program Supplement Agreement No. 010 -M to Administering Agency -State Agreement No. 12 -5151 covering: Construction and Construction Engineering for the above - referenced project. Sincerely, t� FARDAD FALAKFARSA, Chief Office of Project Implementation, South Division of Local Assistance Enclosure c: OLP AE Project Files (12) DLAE - Alan Williams PROGRAM SUPPLEMENT NO. M010 to ADMINISTERING AGENCY -STATE AGREEMENT FOR FEDERAL -AID PROJECTS NO. 12 -5151 E Date : June 27, 2001 Location: 12-ORA-0-NPTB Project Number:STPL- 5151(013) E.A. Number: 12-931335 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. a00 /- approved by the Agency on )I o 9'0 / (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: San Miguel Drive from San Joaquin Hills Road to Ford Road TYPE OF WORK: Road rehabilitation LENGTH: 0 (MILES) PROJECT CLASSIFICATION OR PHASE(S) OF WORK [ ] Preliminary Engineering [X] Construction Engineering [ ] Right -Of -Way [X] Construction Estimated Cost Federal Funds Matching Funds $1,010,275.00 Q23 $159,143.00 LOCAL $851,132.00 $0.00 OTHER $0.00 CITY OF NEWPORT BEACH i eo STATE OF CALIFORNIA Departmeat of TranspoXtation I hereby certify upon my pe sonal knowled a that budgeted funds are available for this encumbrance: Accounting Office Date (/ / $159,143.00 Chapter I Statutes T Item Year A Program BC I Category Fund Source AMOUNT 52 2000 2660 -101 -890 101/ C 262040 892 -F Program Supplement 12- 5151 -MO10- ISTEA 159,143.00 Page 1 of 2 12- ORA- 0 -NPTB STPL - 5151(013) • SPECIAL COVENANTS OR REMARKS 06/27/2001 1. The ADMINISTERING AGENCY will advertise, award and administer this project in accordance with the current Local Assistance Procedures Manual. 2. 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 ADMINISTERING AGENCY and shall be performed at regular intervals or as required for efficient operation of the completed improvements. 3. The ADMINISTERING AGENCY is required to have an audit in accordance with the Single Audit Act and OMB A -133, if it receives $300,000 or more in federal funds in a single fiscal year. The federal funds received under this project are a part of the Catalogue of Federal Domestic Assistance (CFDA) 20.205, Highway Planning and Research. OMB A -133 superceded OMB A -128 in 1996. Reference to OMB A -128 in Master Agreement (if any) is superceded by this covenant. 4. Award information shall be submitted by the ADMINISTERING AGENCY to the District Local Assistance Engineer immediately after the award. Failure to do so will cause delay in processing the invoices for the construction phase. Please refer to Section 15.7 "Award Package" of the Local Assistance Procedures Manual. S. The ADMINISTERING AGENCY agrees that payment of Federal funds will be limited to the amounts approved by the Federal Highway Administration (FHWA) in the Federal -Aid Project Authorization /Agreement or Amendment /Modification (E -76) and accepts any increases in ADMINISTERING AGENCY funds as shown on the Finance or Bid letter or its modification as prepared by the Division of Local Assistance, Office of Project Implementation. 6. The ADMINISTERING AGENCY will reimburse the State for their share of costs for work requested to be performed by the State. Program Supplement12- 5151 -M010- ISTRA . Page 2 of 2 r WITY OF NEWPORT BE #CH CITY CLERK 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 10th day of July 2001, at which time such bids shall be opened and read for SAN MIGUEL DRIVE PAVEMENT REHABILITATION Title of Project Contract No. 3374 Federal Project No. STPL 5151 (013) $878,500 Engineer's Estimate pro b OA Don Webb Public Works Director 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. This project has a goal of 11.5% Disadvantaged Business Enterprise (DBE) participation. "A" Required Contractor License Classification(s) required for this project For further information, call Stephen Luy, Project Manager at (949) 644- 3311 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 0 16 SAN MIGUEL DRIVE PAVEMENT REHABILITATION CONTRACT NO. 3374 TABLE OF CONTENTS NOTICE INVITING BIDS ...................................... ............................... ..........................Cover INSTRUCTIONS TO BIDDERS ............................................................ ............................... 1 BIDDER'S BOND .................................................................................. ............................... 3 DESIGNATION OF SUBCONTRACTOR(S) ......................................... ............................... 4 EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION ................. ............................... 5 PUBLIC CONTRACT CODE SECTION 10285.1 STATEMENT ............ ............................... 6 PUBLIC CONTRACT CODE QUESTIONAIRE ..................................... ............................... 6 PUBLIC CONTRACT CODE 10232 STATEMENT ................................ ............................... 7 TECHNICAL ABILITY AND EXPERIENCE REFERENCES .................. ............................... 8 NON - COLLUSION AFFIDAVIT ............................................................. ............................... 9 DEBARMENT AND SUSPENSION CERTIFICATION ......................... ............................... 10 NON LOBBYING CERTIFICATION FOR FEDERAL AIR CONTRACTS ............................ 11 DISCLOSURE OF LOBBYING ACTIVITIES ....................................... ............................... 12 INSTRUCTIONS FOR COMPLETION OF SF -LLL DISCLOSURE OF LOBBYING ACTIVITIES ................................... ............................... 13 LOCAL AGENCY BIDDER - DBE - INFORMATION ................................. ............................... 14 DBE INFORMATION -GOOD FAITH EFFORTS ................................... ............................... 15 FEDERAL MINIMUM WAGE RATES ................................................... ............................... 17 NOTICE TO SUCCESSFUL BIDDER ................................................ ............................... 34 CONTRACT....................................................................................... ............................... 35 LABOR AND MATERIALS BOND ....................................................... ............................... 41 FAITHFUL PERFORMANCE BOND ................................................... ............................... 43 FEDERAL REQUIREMENTS FOR FEDERAL —AID CONSTRUCTION PROJECTS .............................. ...........................FR -1 PROPOSAL..................................................................................... ............................... PRA INDEX FOR SPECIAL PROVISIONS ................................................... ...........................SP -i SPECIAL PROVISIONS ....................................... ............................... ............................SPA APPENDIX A MODIFIED STANDARD PLANS AND INFORMATION SHEET STD - 181 -L -A (MOD.) STD - 181 -L -B (MOD.) ROOT BARRIER DETAIL APPENDIX B CORING LOGS i • PUBLIC WORKS DEPARTMENT SAN MIGUEL DRIVE PAVEMENT REHABILITATION CONTRACT NO. 3374 INSTRUCTIONS TO BIDDERS 1. 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 PUBLIC CONTRACT CODE SECTION 10285.1 PUBLIC CONTRACT CODE QUESTIONAIRE PUBLIC CONTRACT CODE 10232 STATEMENT TECHNICAL ABILITY AND EXPERIENCE REFERENCES NON - COLLUSION AFFIDAVIT DEBARMENT AND SUSPENSION CERTIFICATION NONLOBBYING CERTIFICATION FOR FEDERAL -AID CONTRACTS DISCLOSURE OF LOBBYING ACTIVITIES INSTRUCTIONS FOR COMPLETION OF SP -LLL DISCLOSURE OF LOBBYING ACTIVITIES LOCAL AGENCY BIDDER - DBE - INFORMATION DBE INFORMATION -GOOD FAITH EFFORTS FEDERAL MINIMUM WAGE RATES PROPOSAL 2. Cash, certified check or cashier's check (sum not less than 10 percent of the total bid price) may be received in lieu of the BIDDER'S BOND. The title of the project and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. 3. The City of Newport Beach will not permit a substitute format for the Contract Documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. 4. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. 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. 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. -t 00 073 A . Contractor's License No. & Cla ification ALL AMERICAN ASPHALT Bidder Authorized Signature/Title VICE P SIDENT '7 /(p/o( Date Bond No. 562 73 594p • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SAN MIGUEL DRIVE PAVEMENT REHABILITATION CONTRACT NO, 3374 BIDDER'S BOND We, the undersigned Principal and Surety, our successors and assigns, executors, heirs and administrators, agree to be jointly ar�d severoi hel anc }Ir y tx un tgtftb C(ty pf Newport Beach, a charter city, In the principal sum of en pe cen o e o a i in------ - - - - -- Dollars ($ 10% of bid ), to be paid and forfeited to the City of Newport Beach It the bid proposal of the undersigned Principal for the construction of SAN MIGUEL DRIVE PAVEMENT REHABILITATION, Contract No. 3374 in the City of Newport Beach, Is accepted by the City Council of the City of Newport Beach and the proposed contract is awarded to the Principal, and the Principal falls to duly enter into and execute the Contract Documents for the construction of the project In the form required within ten days (10) (not including Saturday, Sunday, and federal holidays) after the date of the mailing of Notice of Award; otherwise this obligation shall become null and void. If the undersigned Principal executing this Bond is executing this Bond as an Individual, It Is agreed that the death of any such Principal shall not exonerate the Surety from Its obligations under this Bond. Witness our hands this 3rd day of ALL AMERICAN ASPHALT Name of Contractor (Principal) Safeco Insurance Company Of America Name of Surety 2677 North Main Street Santa Ana, CA 92705 Address of Surety 714/437 -3052 Telephone July , 2001. PRESIDENT Agent Owen M. Brown, Attorney in fact Prim Name and Title (Notary acknowledgment of Principal & Surety must be attached) Bid Date: July 10th, 2001 I CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of R/ V E ss. On 0/ before me, AA1A1j,5 ( CS:, NarARY Aal, td , Ott. _t_!l` T1 Name and Title of Officer (d.g ,'Jane Doe. Notary Public") personally appeared _,moo ' ��-.�.8� . ..cur•' . X personally known to me to be the personA whose name,(gJ ism subscribed to the within instrument and acknowledged to me that hem executed the same in hisl;tl authorized capacity4ies'j, and that by his /berlti-W signature(aj'on the instrument the person(a), or the entity upon behalf of which the personkolr acted, executed the instrument. WITNESS my hand and official seal. Place Notary Seal Above Signature of Nl Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attache Title or Type of Document: Document Date: 1 I-3 161 Number of Pages: nab 3 SignerKOther Than Named Above: VINE/✓ r" f • RkOW1,1 by Signer Signer's Name: i 1 Individual < Corporate Officer — Titll _ U Partner — L'f Limited L General i.l Attorney in Fact U Trustee U Guardian or Conservator U Other: VICE PRESIDEN I Signer Is Representing: ALL AMERICAN ASPHALT RIGHT THUMBPRINT OF SIGNER .' 4rLa�, r. LV'. crir> r.: �r. rcrc" �+`- cr�c >ccri�'.cv`.cX'tircrcrcrtir.�x c...,: ,,•-:. ,:,,,.:.'•,,•-<; r, ,:,.,.- ,.•'�:rti...........n -t. �.r.,, 01999 N41Lanal Nolary Association • 9350 0e Soto Ave.. P.O. Box 2402 • Cletswortn, CA 91313-2402 • www.weonalnolary.erg Nol No 5907 Pooulec Cali Toll Free D800.976-8821 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of Califomia as. County of ORANGE On July 3rd, 2001 before me, BARBARA J. BENDER, NOTARY PUBLIC Dale Name and TOe of OtrKer (e.g., 'Jane Doe, Notary Public') personally appeared OWEN M. BROWN Name(s) of Signer(e) Ptaoe Notary Seal Above Fit-Vt. personally known to me yf►A tr,Q - i KA ►i 1•.► r r 1 is f.•. ►•i ^ ?! !0i 9?O.S?J iG. DOM dR: to be the person(S) whose name0s) isM subscribed to the within instrument and acknowledged to me that he==Wexecuted the same in his /XKXt1§0{ authorized capacityO DGG and that by hisibedttuKix signature* on the instrument the person0Q, or the entity upon behalf of which the personl$s) acted` cecuted the instrument. OPTIONAL Though the information below is nor required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: BID BOND Document Date: July 3rd, 2001 Signer(s) Other Than Named Above: Number of Pages: One ALL AMERICAN ASPHALT Capacity(ies) Claimed by Signer Signer's Name: OWEN M. BROWN ❑ Individual ' Top of Thumb here ❑ Corporate Officer —Title(s): ❑ Partner — ❑Limited ❑General X}CZ{Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other. Signer Is Representing: SAFECO INSURANCE COMPANY OF AMERICA 0 1999 N•uorW Notary Au011•am 19350 D• sole Ave., P.O. Box 9a09 • Chatsworth. CA 910119/09 • www.rctiwvwugorg Pro4 No. 507 Neaolr. Cal Tali 1-0ODe7eae91 S A F E CO-* POWER OF ATTORNEY j KNOW ALL BY THESE PRESENTS: ECO INSURANCE COMPANY OF AMERICA ERAL INSURANCE COMPANY OF AMERICA HOME OFFICE: SAFECO PLAZA SEATTLE, WASHINGTON 98185 a That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation, does each hereby appoint ww» rrrarwrrrrrrrrrr» rrurarrrrrrrrrrrrnaaw »waararrrrwrwwOWEN M. BROWN; Anaheim, Calif otniar""" rrrrrrrrr»» rwrrrrarrrrrrr :r:rr »rrrr»rraawawrrrruwrrrrrrr its true and lawful attorney(s) -in -fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character issued in the course of its business, and to bind the respective company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this �- I s" day of April , I R.A. PIERSON, SECRETARY W. RANDALL STODDARD, PRESIDENT CERTIFICATE Extract from the By -Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: "Article V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attomeys -in -fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of Article V, Section 13 of the By -Laws, and (ii) A copy of the powerof- attomey appointment, executed pursuant thereto, and (iii) Certifying that said power- of- attomey appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." I, R.A. Pierson, Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By -Laws and of a Resolution of the Board of Directors of these corporations, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By -Laws, the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation this 3rd SEAL l l W i S. 0974 1SAEF 7/98 dayof July 2001 R.A. PIERSON, SECRETARY ® Registered trademark of SAFECO Corporation. 4/28/99 PDF 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SAN MIGUEL DRIVE PAVEMENT REHABILITATION CONTRACT NO. 3374 DESIGNATION OF SUBCONTRACTOR(S) State law requires the listing of all subcontractors who will perform work in an amount in excess of one -half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor represents that he /she is fully qualified to and will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accordance with State law and/or the Standard Specifications for Public Works Construction, as applicable. Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. The Bidder, by signing this designation, certifies that bids from the following subcontractors have been used in formulating the bid for the project and that these subcontractors will be used subject to the approval of the Engineer and in accordance with State law. No changes may be made in these subcontractors except with prior approval of the City of Newport Beach. Subcontract Work Subcontractor Address 1. TT(W.T.c c.cb45 Jd>TkC_ � t Luc . Apkwlm S 2. c CAC(L TC-A"t_ It2�� Ftt a stlz�,�r ,aG.� 3. 4. 5. 6. 7. 8. 9. 10. ALL AMERICAN ASPHALT Bidder L4LLE:'- Authorized Signaturelritle VICE PRESIDENT EQUAL EMODYMENT OPPORTUNITY CI4kTIFICATION The bidder ALL AMERICAN ASPHALT proposed subcontractor hereby certifies that he has X , 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. 0 0 PUBLIC CONTRACT CODE Public Contract Code Section 10285.1 Statement In conformance with Public Contract Code Section 10285.1 (Chapter 376, Stats. 1985), the bidder hereby declares under penalty of perjury under the laws of the State of California that the bidder has _ , has not X been convicted within the preceding three years of any offenses referred to in that section, including any charge of fraud, bribery, collusion, conspiracy, or any other act in violation of any state or Federal antitrust law in connection with the bidding upon, award of, or performance of, any public works contract, as defined in Public Contract Code Section 1101, with any public entity, as defined in Public Contract Code Section 1100, including the Regents of the University of Calif omia or the Trustees of the Califomia State University. The term °bidder" is understood to include any partner, member, officer, director, responsible managing officer, or responsible managing employee thereof, as referred to in Section 10285.1. Note: The bidder must place a check mark after "has" or "has not' in one of the blank spaces provided. The above Statement is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Statement. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution. Public Contract Code Section 10162 Questionnaire In conformance with Public Contract Code Section 10162, the Bidder shall complete, under penalty of perjury, the following questionnaire: Has the bidder, any officer of the bidder, or any employee of the bidder who has a proprietary interest in the bidder, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation? Yes No i If the answer is yes, explain the circumstances in the following space. 0 0 Public Contract Code 10232 Statement In conformance with Public Contract Code Section 10232, the Contractor, hereby states under penalty of perjury, that no more than one final unappealable finding of contempt of court by a federal court has been issued against the Contractor within the immediately preceding two year period because of the Contractor's failure to comply with an order of a federal court which orders the Contractor to comply with an order of the National Labor Relations Board. Note: The above Statement and Questionnaire are part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Statement and Questionnaire. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution. a • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SAN MIGUEL DRIVE PAVEMENT REHABILITATION CONTRACT NO. 3374 TECHNICAL ABILITY AND EXPERIENCE REFERENCES The undersigned submits herewith a statement of the work of similar character to that proposed herein which he /she has performed and successfully completed. Year Project Person Telephone Completed Name /Aoency To Contact Number 9401 ("6 #i,,L, � V6 • W6495 C U EMER,;4- ow Or 466A)DOPA (�26)1/v -8Aµ7 fool M rlr I N-ryor t` alahri 6 �316) ,igq -x359 X001 L,06 At, 5-r 1'Avt;Mv,�r'gENAB. MAx WIT kpv 6TY or tAM WOOD (- ) 566 — cT77/ , ALL AMERICAN ASPHALT Bidder Authorized Signature/Title V PRESIDENT Q • • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SAN MIGUEL DRIVE PAVEMENT REHABILITATION CONTRACT NO. 3374 NON - COLLUSION AFFIDAVIT State of California ) ) ss. County of IV /D RSQi Z BrtAnl,tY , being first duly swom, deposes and says that heeFGh8 is Of ALL AMERICAN ASPHALT 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. 1 declare under penalty of perjury of the laws of the State of California that the foregoing is true and correct. ALL AMERICAN ASPHALT Bidder Authorized Signature/Title VICE � DENT Subscribed and sworn to before me this (7A day of y 2001. �^- - - [SEAL] Notary Public My Commission Expires: 30 02. Jot' _ MPER, f 0 0 DEBARMENT AND SUSPENSION CERTIFICATION TITLE 49, CODE OF FEDERAL REGULATIONS, PART 29 The bidder, under penalty of perjury, certifies that, except as noted below, he /she or any other person associated therewith in the capacity of owner, partner, director, officer, manager: • is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any Federal agency; • has not been suspended, debarred, voluntarily excluded or determined ineligible by any Federal agency within the past 3 years; • does not have a proposed debarment pending; and • has not been indicted, convicted, or had a civil judgement rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past 3 years. It there are any exceptions to this certification, insert the exceptions in the following space. 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. 10 E NONLOBBYING CERTIFICATION FOR FEDERAL -AID CONTRACTS The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form - LLL, "Disclosure of Lobbying Activities," in conformance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly. 11 0 0 DISCLOSURE OF LOBBYING ACTIVITIES Li 1. Type of Federal Action: n rnntract b. grant c. cooperative agreement d. loan e. loan guarantee I. loan insurance 1 V UIJVLVJC LVOD r IINV Nl I IV I I ICJ I'V r1JUMIV I I V d l V.J.V. 103e 2. Status of Federal Action: n hid /nffar /annliratinn b. initial award c. post -award 3. Report Type: El a initial b. material change For Material Change Only: year _ quarter date of last report 4. Name and Address of Reporting Entity 5. If Reporting Entity in No. 4 is Subawardee, Enter Name and Address of Prime: ❑ Prime El Subawardee Tier , if known Congressional District, if known Con r sional District, if known 6. Federal Department/Agency: 7. Fede al ogram Name/Description: 1 I CFL "umb if applicable 8. Federal Action Number, if known: 9. Aw rd Amount,' known: 10. a. Name and Address AL by Entity I) I b. Individuals Performing Services (including If individual, last nam fi name, M address if different from No. 10a (last name, first name, MI) (attach Continuation Sheet(s) if necessary) 11. Amount of Payment (check all that apply) 13. Type of Payment (check all that apply) $ 0 actual ❑ planned a. retainer b. one -time fee 12. Form of Payment (check all that apply): c. commission Ba. cash d. contingent fee b. in -kind; specify. nature a deferred value I. other, specify 14. Brief Description of Services Performed or to be performed and Date(s) of Service, including officer(s), employee(s), or member(s) contacted, for Payment Indicated in Item 11: (attach Continuation Sheet(s) if necessary) 15. Continuation Sheet(s) attached: Yes E] No n 16. Information requested through this form is authorized by Title 31 U.S.C. Section 1352. This disclosure of lobbying reliance was placed by the tier above when his transaction was made or entered Into. This disclosure is required pursuant to 31 U.S.C. 1352. This information will be reported to Congress semiannually and will be available for public inspection. Any person who fails to file the required disclosure shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Federal Use Only: f�xll Signature: Print Name: KOBt'RT .t5RADL� Title: VICE PRESIDENT Telephone No.:ryn,G' 00t 0 Date: Authorized for Local Reproduction Standard Form - LLL 12 ra„ INAUCTIONS FOR COMPLETION OF*-LLL, DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, at the initiation or receipt of covered Federal action or a material change to previous filing pursuant to title 31 U.S.C. section 1352. The filing of a form is required for such payment or agreement to make payment to lobbying entity for influencing or attempting to influence an officer or employee of any agency, a Member of Congress an officer or employee of Congress or an employee of a Member of Congress in connection with a covered Federal action. Attach a continuation sheet for additional information if the space on the form is inadequate. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information. 1. Identify the type of covered Federal action for which lobbying activity is and /or has been secured to influence, the outcome of a covered Federal action. 2. Identify the status of the covered Federal action. 3. Identify the appropriate classification of this report. If this is a follow -up report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last, previously submitted report by this reporting entity for this covered Federal action. 4. Enter the full name, address, city, state and zip code of the reporting entity. Include Congressional District if known. Check the appropriate classification of the reporting entity that designates if it is or expects to be a prime or subaward recipient. Identify the tier of the subawardee, e.g., the first subawardee of the prime is the first tier. Subawards include but are not limited to subcontracts, subgrants and contract awards under grants. 5. If the organization filing the report in Item 4 checks " Subawardee" then enter the full name, address, city, state and zip code of the prime Federal recipient. Include Congressional District, if known. 6. Enter the name of the Federal agency making the award or loan commitment. Include at least one organization level below agency name, if known. For example, Department of Transportation, United States Coast Guard. 7. Enter the Federal program name or description for the covered Federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans and loan commitments. 8. Enter the most appropriate Federal identifying number available for the Federal action identification in item 1 (e.g., Request for Proposal (RFP) number, Invitation for Bid (IFB) number, grant announcement number, the contract grant. or loan award number, the application/proposal control number assigned by the Federal agency). Include prefixes, e.g., "RFP -DE -90 -001." 9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal amount of the award/loan commitments for the prime entity identified in Rem 4 or 5. 10. (a) Enter the full name, address, city, state and zip code of the lobbying entity engaged by the reporting entity identified in Rem 4 to influenced the covered Federal action. (b) Enter the full names of the individual(s) performing services and include full address if different from 10 (a). Enter Last Name, First Name and Middle Initial (MI). 11. Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity (item 4) to the lobbying entity (item 10). Indicate whether the payment has been made (actual) or will be made (planned). Check all boxes that apply. If this is a material change report, enter the cumulative amount of payment made or planned to be made. 12. Check the appropriate box(es). Check all boxes that apply. If payment is made through an in -kind contribution, specify the nature and value of the in -kind payment. 13. Check the appropriate box(es). Check all boxes that apply. If other, specify nature. 14. Provide a specific and detailed description of the services that the lobbyist has performed or will be expected to perform and the date(s) of any services rendered. Include all preparatory and 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-1-1-1--instructions Rev. 06-04- 90•ENDIF- 13 LOCAL AGENCY BIDDER - DBE - INFORMATION This information may be submitted with your bid proposal. If it is not, and you are the apparent low bidder or the second or third low bidder, it must be submitted and received as specified in Section 2 -1.028 of the Special Provisions. Failure to submit the required DBE information will be grounds for finding the proposal nonresponsive - CO: RTE: K.P.: ORA -San Miguel CONTRACT NO.: STPL 5151 (013) BID AMOUNT: $ 715, 051.18 BID OPENING DATE: 7 -10 -01 BIDDER'S NAME: ALL AMERICAN ASPHALT DBE GOAL FROM CONTRACT: 11.5% DBE PRIME CONTRACTOR CERTIFICATION t: CONTRACT I ITEM OF WORK AND D DBE CERT. NO. N NAME OF DBEs D DOLLAR ITEM NO. D DESCRIPTION OR SERVICES TO ( (Must be certified on the date A AMOUNT BE SUBCONTRACTED OR b bids are opened - include DDE D DBE 3 MATERIALS TO BE PROVIDED ] . a address and phone another) 1, 5 P Portion of A/C Paving C CT- 02h370 C Calmex Eng. Inc. $ $74,724.00 P.O. Box 2425 Riverside, CA 92518 (909)686 -8613 20 T Traffic Loops C CT- 012886 T Traffic Loops 8 8,280.00 Crackfilling Inc. 946 S. Emerald Anaheim, CA 92804 (714)520 -4026 .Tdectify all DEE fir= be:ag - 'aimed for credit, regardless of tier. Copies of the DBE quotes are required. Names of the T Total Claimed $ $_83,004. 09 LT Bidder - DBE Ntoraauom (Rev UY M—W) 14 17145204026 TF.'AFF LOOP CR.AC KF I LL 733 P02 JUL 09 '01 17:30 Traffic Loops Crackfilling, Inc. 946 5 .Finerald St Anaheim CA 92804 Tel. # (714)520 4026 Fox (714) 520 4027 Stue Lic. A 652956 Class C -10 & C-32, CT. Cen. # 012 886 k12-2001)) July 10, 2001 AWN : Estimator Project New Port Beach t San Miguel Dr. Pavement Rehabilitation (3374) Bid date : 07 -10 - 01 Ca, 11:60AM We are quote the above proiect : Item. Description Install Traffic Loop detector Type E Our aaote includes I- Lay out, saw cut, wash, blow, dry, seal and tnegg 2- Sealant will be Hotmelt Seahtttt 3- One move on 4- Traffic control Quantity Unit Price 46 Ea S 180.00 Ea Our auote excludes 1- Bond fee, Permit fee, Utility fee , advance sign posring of any kind or notify residents, 2- Stub- Out( Curb Temlination) All inclusion and exclusion are to be incorporated into our contract. If either party becomes involve in litigation or arbitration arising out of this contract the Lourt or arbitration panel shall award attorney's fees and costs to the prevailing party. Traffic Loops Crackfilling Inc. meets all of the requirements for the Federal & State of California and certified as Minority by Cal -Trans (Certification 9 CT- 012886 Exp. 12/ l/ (1 f) and by the Dept. of Generals service of California as MBE! DBE. We are also Union Signatories. If you have any question or need any additional information . Please Feel free to cal)... Sincerely Lan Nguyen V. President Deb: 7!10101 PROPOSAL NUMBER: AAA42 FROM: CALMEX ENGINEERING, INC. P.O BOX 2425 RIVERSIDE, CA. 92515 PH-0(90) 6664512 FAX2(909) 666.9DII 96TIMATDR: SR= ORTIZ PRQEM STPLd161101R CALTRANS CERTII CT-024370 C.A. LIC. NO. 685054 M.T.A. CERTIRED411S.E. UNION SIGNATORY L INCLUSIONS: LABOR AND EQUIPMENT. ONE MOBILIZATION. EXCLUSIONS: PLANT PREMUMS I TEMPORARY ASPHALT REMOVAL OR PLACEMENT. TEMPORARY ASPHALT MATERIAL OR COLD MIX l SLURRY SEAL, PRIME COAT, SEAL COAT OR FOG SEAL COST FOR ASPHALT CONCRETE MIX DESIGNS OF ANY TYPE FLAT TACK. ENGINEERING SWEEPING OR CLEANING PRIOR TO START OF WORK I COLD MILUNG, SAW CUTT'NG OR REMOVALS. PATCHING OR ADJUSTING OF UTILITIES OF ANY TYPE. ' BONDS OF ANY TYPE ' SCARIFYING OR RECOMPACTING OF OF SUB -BASE. CLASS A BASE WEEKEND WORK. QUALTY CONTROL, QUALITY ASSURANCE. PLACING OF ASPHALT BERM OR ASPHALT DIKE ROCK DUST BLOTTER, SAND OR SAND SPREADING. CALIFORNIA PROFILOGRAPH TESTING FOR ANY REASON. ABRASIVE GRINDING AT BRIDGE DECKS, NO EXCEPTIONS. RUBBERIZED ASPHALT CONCRETE PAVING OR ENGINEERING FABRICS THE COST OF TESTING OF ASPHALT $M ASPHALT INGREDIENTS OF ANY TYPE TRAFFIC CONTROL I TEMPORARY STRIPING CLEAR AND GRUBB, DRAINAGE WORK, WEED KILL OR EROSION CONTROL GRADING OR HEADER BOARDS CRACK SEALING OF ANY TYPE. PROTECTION OF NEW OR EXISTING IMPROVEMENTS OF ANY TYPE. NO EXCEPTIONS. GENERAL CONDITIONS: 1 GRADE, SLOPE LINES AND REFERENCES TO BE DONE BY OTHERS 2 THE COST OF TESTING, PERMTS, INSPECTION FEES OR SURVEY TO BE PAID BY OTHERS 3. LIGHT TOWERS AND NIGHT LIGHTS SHALL BE SUPPLIED AT LOCATION OF WORK BY GENERAL G 4. WATER METER AND WATER FOR ROLLERS SHALL BE SUPPLIED AT LOCATION OF WORK BY GEN S. REASONABLE ACCESS FOR PAVE MACHINE AND ASPHALT TRACKS MUST BE PROVIDED BY GENE S. ASPHALT PAVING WORK MUST BE DONE PRIOR TO INSTALLATION OF DRAIN INLETS OR OTHER 7 04 PRICE INDEX FLUCTUATION COMPENSATION SHALL BE SOLELY CALMEX ENG., HNC 6. COMPENSATION ADJUSTMENT FOR COMPACTION OF ASPHALT SHALL BE SOLELY CALMFY ENG . 0. FOR ANDGPATED OVERTIME OR WEEKEND WORK PLEASE ADD TO PROPOSAL AT PREVAILING 10, CALMER ENGINEERING REQUIRES TWO WEEKS NOTICE PRIOR TO MOVE -INS 11. BERM MATERIAL WILL BE BILLED AT THE CONTRACT PRICE FOR ASPHALT CONCRETE AND SHA INCLUDE MATERIAL AND DELIVERY ONLY, STANDING TIME ON TRUCKS AND PLANT PREMIUMS NIGHT WORK OR WEEKENDS WILL BE BILLED AT CALMER ENGINEERING$ COST PLUS 5% NO E 12. CALMEX ENGINEERING RESERVES THE RIGHT TO RENEGOTIATE THE PRICE ABOVE IF THE PRI EXTENDS BEYOND THE EXPIRATION DATE �� N 71 m� Gem UNIT PWA TOTAL 1 BILI7ATION(PORTION .S $1.500.00_ $1600.00 3061 T4SP!i4LT CONCRETE (INSTALL ONL`0_ ON 524.0) ST3.22A.CD 0 w 90.00 50.00 $000 0 0 50.0) E000 0 f0.00 50.00 0 50.00 03 RPFtATAjN wre 1111101 _50 TIO NIDP06K M nS 9nN1ET1 INIM 62NA0[ PAU O all RITIAl canacT M O116CD,Ri M. Tod! _ __ $74.724,00' INCLUSIONS: LABOR AND EQUIPMENT. ONE MOBILIZATION. EXCLUSIONS: PLANT PREMUMS I TEMPORARY ASPHALT REMOVAL OR PLACEMENT. TEMPORARY ASPHALT MATERIAL OR COLD MIX l SLURRY SEAL, PRIME COAT, SEAL COAT OR FOG SEAL COST FOR ASPHALT CONCRETE MIX DESIGNS OF ANY TYPE FLAT TACK. ENGINEERING SWEEPING OR CLEANING PRIOR TO START OF WORK I COLD MILUNG, SAW CUTT'NG OR REMOVALS. PATCHING OR ADJUSTING OF UTILITIES OF ANY TYPE. ' BONDS OF ANY TYPE ' SCARIFYING OR RECOMPACTING OF OF SUB -BASE. CLASS A BASE WEEKEND WORK. QUALTY CONTROL, QUALITY ASSURANCE. PLACING OF ASPHALT BERM OR ASPHALT DIKE ROCK DUST BLOTTER, SAND OR SAND SPREADING. CALIFORNIA PROFILOGRAPH TESTING FOR ANY REASON. ABRASIVE GRINDING AT BRIDGE DECKS, NO EXCEPTIONS. RUBBERIZED ASPHALT CONCRETE PAVING OR ENGINEERING FABRICS THE COST OF TESTING OF ASPHALT $M ASPHALT INGREDIENTS OF ANY TYPE TRAFFIC CONTROL I TEMPORARY STRIPING CLEAR AND GRUBB, DRAINAGE WORK, WEED KILL OR EROSION CONTROL GRADING OR HEADER BOARDS CRACK SEALING OF ANY TYPE. PROTECTION OF NEW OR EXISTING IMPROVEMENTS OF ANY TYPE. NO EXCEPTIONS. GENERAL CONDITIONS: 1 GRADE, SLOPE LINES AND REFERENCES TO BE DONE BY OTHERS 2 THE COST OF TESTING, PERMTS, INSPECTION FEES OR SURVEY TO BE PAID BY OTHERS 3. LIGHT TOWERS AND NIGHT LIGHTS SHALL BE SUPPLIED AT LOCATION OF WORK BY GENERAL G 4. WATER METER AND WATER FOR ROLLERS SHALL BE SUPPLIED AT LOCATION OF WORK BY GEN S. REASONABLE ACCESS FOR PAVE MACHINE AND ASPHALT TRACKS MUST BE PROVIDED BY GENE S. ASPHALT PAVING WORK MUST BE DONE PRIOR TO INSTALLATION OF DRAIN INLETS OR OTHER 7 04 PRICE INDEX FLUCTUATION COMPENSATION SHALL BE SOLELY CALMEX ENG., HNC 6. COMPENSATION ADJUSTMENT FOR COMPACTION OF ASPHALT SHALL BE SOLELY CALMFY ENG . 0. FOR ANDGPATED OVERTIME OR WEEKEND WORK PLEASE ADD TO PROPOSAL AT PREVAILING 10, CALMER ENGINEERING REQUIRES TWO WEEKS NOTICE PRIOR TO MOVE -INS 11. BERM MATERIAL WILL BE BILLED AT THE CONTRACT PRICE FOR ASPHALT CONCRETE AND SHA INCLUDE MATERIAL AND DELIVERY ONLY, STANDING TIME ON TRUCKS AND PLANT PREMIUMS NIGHT WORK OR WEEKENDS WILL BE BILLED AT CALMER ENGINEERING$ COST PLUS 5% NO E 12. CALMEX ENGINEERING RESERVES THE RIGHT TO RENEGOTIATE THE PRICE ABOVE IF THE PRI EXTENDS BEYOND THE EXPIRATION DATE �� N 71 m� Gem 0 0 DBE INFORMATION --GOOD FAITH EFFORTS The City of Newort Beach established a Disadvantaged Business Enterprise (DBE) goal of 11.5% for this project. The information provided herein shows that adequate good faith efforts were made. A. The names and dates of each publication in which a request for DBE participation for this project was placed by the bidder (please attach copies of advertisements or proofs of publication): Publications Dates of Advertisement B. The names and dates of written notices sent to certified DBEs soliciting bids for this project and the dates and methods used for following up initial sol uons to determine with certainty whether the DBEs were interested (please attach copies of solicitations, telep ne ords, fax confirmations, etc.): Names of DBEs \ DAe of Inital Follow Up Methods C. The items of work which the bidder made available to DBE firms, including, where appropriate, any breaking down of the contract work items (including those items normally performed by the bidder with its own forces) into economically feasible units to facilitate DBE participation. It is the bidder's responsibility to demonstrate that sufficient work to facilitate DBE participation was made available to DBE firms. Items of Work Breakdown of Items D. The names, addresses and phone numbers of rejected DBE firms, the reasons for the bidder's rejection of the DBEs, and the firms selected for that work (please attach copies of quotes from the firms involved): Names, addresses and phone numbers of rejected DBEs and the reasons for the bidder's rejection of the DBEs: Names, addresses and phone numbers of firms selected for the work above: 15 E. Efforts made to assist interested DBEs in obtaining bonding, lines of credit or insurance, and any technical assistance or information related to the plans, specifications and requirements for the work which was provided to DBEs: F. Efforts made to assist interested DBEs in obtaining necessary equipment, supplies, materials, or related assistance or services, excluding supplies and equipment the DBE subcontractor purchases or leases from the prime contractor or its affiliate. G. The names of agencies, organizations or groups contacted to provide assistance in contacting, recruiting and using DBE firms (please attach copies of requests to agencies and any responses received, i.e., lists, Internet page download, etc.). Name of Method/Date of Results Agency /Organization Contact H. Any additional data to support a demonstration of good faith efforts (use additional sheets if necessary): 16 0 0 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT r5 State of California 5 SS. r5 County of f\ j V ERSI U E 5 S On Q before me, YEu+).j S 30rJE$, fVQt'AP-'r pUSLI , f_ S ate Name and Title of 01 (e.g., 'Jane Dec. Notary Publie") r? personally appeared TO 5 AR --p T DRAD L,CY DENNIS 10N11 Commission # 1200094 & Notary Public - Callfwnto fi a �versida County 6da COCnty 2W2 iWpersonally known to me - evidenee to be the person(4 whose namej?) isl>fe subscribed to the within instrument and acknowledged to me that he%shts4Lt1y executed the same in hiss /jar authorized capacity(joi ), and that by hislpefhJ eir signature(.s') on the instrument the personal, or the entity upon behalf of which the person( acted, executed the instrument. WITNESS my hand and official seal. Place Notary Seal Above Signature of No ry Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Title or Type of Document: Document Date: 7/1-At Number of Pages: Signer(s) Other Than Named Above: d­)0.kg F 2' Capacit s) A Signer's Name: e� [] Individual X Corporate O r I Partner —C 2F i'. Attorney in R, U Trustee 2j I : Guardian or LJ Other: Claimed by Signer fficer — Title(.a'j: VICE PRESIDENT Top of thumb here Limited L General Fact Conservator s Signer Is Representing: ALL AMERICAN ASPHALT 5 5 i;��t�.:�' arc. i�n.<' �r�. rcrcrc> ecr.> z°, �r2 :r- Z,r.,,•- •,,r.cr.�„rc..:�x% arc. � '.crc,���.:= '•.,..x'.,.rr.;,. -, r _:.,;r.,.-.�: ,_r,,,.- _<-._r.,,r,_r,,,r.,,•�.,, 1999 National Notary A000culba • 9350 be Solo Ave., P.O. Box 2602 • Chatawoah, CA 91313.2602 • x roaiooalnotaryorg Prod No. 5907 Peo,eer Call Tdl -Free 1800 - 876682) • CITY OF NEWPORT BEACH • PUBLIC WORKS DEPARTMENT SAN MIGUEL DRIVE PAVEMENT REHABILITTION Contract No. 3374 "Mr, oved by Don Webb Public Works Director ADDENDUM NO. 1 TO ALL PLANHOLDERS: Special Provisions, Federal Minimum Wage Rates ....................................................... ............................... Page 10 of the Special Provisions and the Federal Minimum Wage Rates has been revised. Revisions include: Section 6 -9 LIQUIDATED DAMAGES has been revised to show the consecutive number of working days as seventy consecutive working days instead of the forty -five consecutive working days originally shown. In addition a copy of the latest Federal Minimum Wage Rates have been included to replace /update the information originally included in the bid package. ..................................... ............................... a................. Bidders are required to sign Addendum No. 1 and attach to the bid proposal. Bids may not be considered unless this signed Addendum No. 1 is attached. I have carefully examined this Addendum and have included full payment in my Proposal. ALL AME;RidAN AwA r Bidder's Name (Please Print) r7 h, Date I I Authorized Signature & Title Revised SP 10 OF 23 It will be the Contractor'sOtponsibility to ensure the availability all material prior to the start of work. Unavailability of material will not sufficient reason to grant the Contractor an extension of time for 100 percent completion of work." 6 -7.2 Working Days. Revise 3) to read, "any City holiday, defined as January 1 st, the third Monday in February (President's Day), the last Monday in May (Memorial Day), July 4th, the first Monday in September (Labor Day), November 11th (Veterans Day), the fourth Thursday in November (Thanksgiving), and December 25th (Christmas). If January 1st, July 4th, November 11th or December 25th falls on a Sunday, the following Monday is a holiday." 6 -7.4 Working Hours. Normal working hours are limited to 7:00 a.m. to 4:30 p.m. Monday through Thursday, and 7:00 a.m. to 3:30 p.m. on Fridays. Should the Contractor elect to work later outside normal working hours, he must first obtain special permission from the Engineer. A request for working during any of these hours must be made at least 72 hours in advance of the desired time period. A separate request must be made for each work shift. The Engineer reserves the right to deny any or all such requests. Additionally, the Contractor shall pay for supplemental inspection costs of $50.00 per hour when such time periods are approved. 6 -9 LIQUIDATED DAMAGES. Revise sentence three to read, "For each consecutive calendar day after the seventy consecutive working days specified for completion of the work, the time specified for completion of Work, whichever occurs first, as adjusted in accordance with subsection 6 -6, the Contractor shall pay to the City or have withheld from moneys due it, the daily sum of $500.00. Revise paragraph two, sentence one, to read, "Execution of the Contract shall constitute agreement by the Agency and Contractor that $500 per day is the minimum value of the costs and actual damage caused by the failure of the Contractor to complete the Work within the allotted time." The intent of this section is to emphasize to the Contractor the importance of prosecuting the work in an orderly preplanned continuous sequence so as to minimize the disruption time to the public. SECTION 7 - -- RESPONSIBILITIES OF THE CONTRACTOR 7 -7 COOPERATION AND COLLATERAL WORK Add to this section, "City forces will perform all shut downs of water facilities as required. The Contractor shall give the City seven calendar days notice of the time he desires the shut down of facilities to take place. A four -hour shut down of water facilities during the daytime hours of 10:00 a.m. to 2:00 p.m. or a six -hour shut down between the hours of 11:00 p.m. to 5:00 a.m. will be allowed. The Contractor will be responsible for completing all water connections within the time period allowed. The times and dates of any utility to be shut down must be coordinated with the City of Newport Beach, Utilities Division. The City must approve any nighttime work in advance. The Contractor shall provide and install new water meter and valve boxes. All existing water meter or valve box frames and covers shall be salvaged. Salvaged meter or valve boxes and water pipe shall be delivered to the City's Utilities Yard at 949 West 16th Street. SP 10 OF 23 r 0 FEDERAL MINIMUM WAGE RATES GENERAL DECISION CA010035 06/01/01 CA35 General Decision Number CA010035 Superseded General Decision No. CA000035 State: California Construction Type: BUILDING DREDGING HEAVY HIGHWAY County(ies): ORANGE BUILDING CONSTRUCTION PROJECTS; DREDGING PROJECTS (does not include hopper dredge work); HEAVY CONSTRUCTION PROJECTS (does not include water well drilling) ; HIGHWAY CONSTRUCTION PROJECTS Modification Number Publication Date 0 03/02/2001 1 03/09/2001 2 03/16/2001 3 03/23/2001 4 04/13/2001 5 04/27/2001 6 06/01/2001 COUNTY(ies): ORANGE ASBE0005B 01/01/2000 Rates Fringes INSULATOR /ASBESTOS WORKER Includes the application of all insulating materials, protective coverings, coatings, and finishings to all types of mechanical systems 30.46 7.65 --------------------------------------------------------------- ASBE0208B 06/01/1996 Rates Fringes ASBESTOS REMOVAL WORKER/ HAZARDOUS MATERIAL HANDLER Includes preparation, wetting, stripping, removal, scrapping, vacuuming, bagging and disposing of all insulation materials from mechanical systems, whether they contain asbestos or not 19.70 4.81 _ ______________ BOIL0092F 10/01/2000 ___________ Rates Fringes BOILERMAKER 30.06 9.81 TUBE WELDER 31.56 ___ 9.81 ______________________ * BRCA0004T 05/01/2001 _ BRICKLAYER; MARBLE SETTER MARBLE FINISHER Rates Fringes 28.06 6.40 15.50 1.25 17 --------------------- l --------------------------------- � • BRCA0018H 01/01/2001 Rates Fringes TILE SETTER 22.00 3.23 TILE FINISHER 14.00 3.23 ---------------------------------------------------------------- BRCA0018K 03/01/2000 Rates Fringes TERRAZZO WORKER 25.78 5.05 TERRAZZO FINISHER 19.83 5.05 ---------------------------------------------------------------- CARP0002A 07/01/2000 FOOTNOTE: Work of forming in the construction of open cut sewers or storm drains, on operations in which horizontal lagging is used in conjunction with steel H -Beams driven or placed in pre - drilled holes, for that portion of a lagged trench against which concrete is poured, namely, as a substitute for back forms (which work is performed by piledrivers): $0.13 per hour additional. CARP0002B 07/01/2000 Rates Fringes DIVERS: Diver, wet 470.08 per day 6.38 Diver, stand -by 235.04 per day 6.38 Diver tender 227.04 per day 6.38 ---------------------------------------------------------------- CARP0002Q 07/01/1999 Rates Fringes DRYWALL INSTALLERS: Work on wood - framed apartment buildings under 4 stories 19.00 6.33 All other work 25.75 6.33 DRYWALL STOCKER /SCRAPPER 10.00 5.32 CARP0003H 07/01/1999 Rates Fringes MODULAR FURNITURE INSTALLER 13.08 3.98 LOW WALL MODULAR TECHNICIAN 17.80 3.98 FULL WALL TECHNICIAN 21.88 3.98 ---------------------------------------------------------------- ELECOOIII 12/01/2000 ILI Rates Fringes CARPENTERS: Carpenter, cabinet installer, insulation installer, floor worker and acoustical installer 26.75 6.38 Shingler 26.88 6.38 Roof loader of shingles 18.82 6.38 Saw filer 26.83 6.38 Table power saw operator 26.85 6.38 Pneumatic nailer or power stapler 27.00 6.38 Millwright 27.25 6.38 Pile driver; Derrick barge; Bridge or dock carpenter; Cable splicer; Heavy framer; Rockslinger 26.88 6.38 Head rockslinger 26.96 6.38 Rock barge or scow 26.78 6.38 Scaffold builder 21.00 6.36 FOOTNOTE: Work of forming in the construction of open cut sewers or storm drains, on operations in which horizontal lagging is used in conjunction with steel H -Beams driven or placed in pre - drilled holes, for that portion of a lagged trench against which concrete is poured, namely, as a substitute for back forms (which work is performed by piledrivers): $0.13 per hour additional. CARP0002B 07/01/2000 Rates Fringes DIVERS: Diver, wet 470.08 per day 6.38 Diver, stand -by 235.04 per day 6.38 Diver tender 227.04 per day 6.38 ---------------------------------------------------------------- CARP0002Q 07/01/1999 Rates Fringes DRYWALL INSTALLERS: Work on wood - framed apartment buildings under 4 stories 19.00 6.33 All other work 25.75 6.33 DRYWALL STOCKER /SCRAPPER 10.00 5.32 CARP0003H 07/01/1999 Rates Fringes MODULAR FURNITURE INSTALLER 13.08 3.98 LOW WALL MODULAR TECHNICIAN 17.80 3.98 FULL WALL TECHNICIAN 21.88 3.98 ---------------------------------------------------------------- ELECOOIII 12/01/2000 ILI • Rates Frino COMMUNICATIONS AND SYSTEMS WORK: COMMUNICATIONS & SYSTEMS: Installer 21.08 3% + 4.25 Technician 23.93 3% + 4.25 Alarm technician (duties limited to pulling wire to and terminating devices; not to install devices that interface with other contractors (mounting waterflow, duct detectors, dampers or connecting control panels)) 15.60 3% + 3.70 SCOPE OF WORK: Installation, testing, service and maintenance of systems utilizing the transmission and /or transference of voice, sound, vision and digital for commercial, educational, security and entertainment purposes for the following: Tv monitoring and surveillance, background- foreground music, intercom and telephone interconnect, inventory control systems, microwave transmission, multi- media, multiplex, nurse call systems, radio page, school intercom and sound, burglar alarms, fire alarm (see last paragraph below) and low voltage master clock systems in commercial buildings. Communication Systems that transmit or receive information and /or control systems that are intrinsic to the above listed systems; inclusion or exclusion of terminations and testings of conductors determined by their function; excluding all other data systems or multiple systems which include control function or power supply; excluding installation of raceway systems, conduit systems, line voltage work, and energy management systems. ELEC0441A 12/04/2000 Rates Fringes ELECTRICIANS: Electrician 29.10 3% +7.85 Cable splicer 30.44 3% +7.85 LINE CONSTRUCTION: Line technician; Heavy Equipment Operator 26.15 3% +6.09 Cable splicer 27.35 3% +6.09 Ground person 22.57 3% +6.09 ------- --- - - -- -- - _-- __- _- _-------- _- _---- ______ ELEC0441D 12/04/2000 LIGHTING RETROFIT ELECTRICIAN OUTDOOR LIGHTING TECHNICIAN Rates Fringes 29.60 3% + 7.85 20.72 3% + 7.85 FOOTNOTES: Re- ballasting: $.95 per hour additional. High time: Work 40' to 70' from the ground or supporting structures (such as trusses, stacks, towers, tanks, bosun's chairs, swinging, standing or rolling scaffolding, silos, and open platforms) which are not securely safeguarded, and the worker is at risk of a direct fall, or where the worker has to work 40' to 70' from the ground on a ladder or other type of support on a platform, which is within 5' of an unprotected direct fall opening: one and one -half times the regular straight time rate of pay. Work 70' or more from the ground or supporting structures as above: three times the regular straight time rate of pay. ELEC1245C 06/01/2000 19 Rates Frinle OUTSIDE UTILITY TRANSMISSION WORK: Line worker; Cable splicer 31.26 4.5% GROUP + 7.35 26.25 Powder worker 29.70 2 4.5% 10.95 + 7.46 3 Ground person 20.32 GROUP 4.5% 28.21 + 7.58 GROUP Equipment specialist (operates 28.43 10.95 GROUP 6 29.53 10.95 crawler tractors, commercial 7 28.54 10.95 GROUP 8 29.64 motor vehicles, backhoes, GROUP 9 28.66 10.95 GROUP 10 trenchers, cranes (50 tons 10.95 GROUP 11 28.83 10.95 GROUP and below), and overhead and 28.93 10.95 GROUP 13 28.96 10.95 underground distribution line 14 29.04 10.95 GROUP 15 29.16 equipment) 26.57 16 4.5% 10.95 + 7.07 17 Line worker, welding 32.82 GROUP 4.5% 29.54 + 7.53 GROUP SCOPE OF WORK: All outside work on electrical transmission lines, switchyards and substations, and outside work in electrical utility distribution systems owned, maintained and operated by electrical utility companies, municipalities, or governmental agencies. ----- -- ----- -- --- - -- -- -- ELEV0018A 09/15/2000 Rates Fringes ELEVATOR MECHANIC 32.805 7.195 FOOTNOTE: Vacation Pay: 8% with 5 or more years of service, 6% for 6 months to 5 years service. Paid Holidays: New Years Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Friday after, and Christmas Day. * ENGIO012C 07/01/2000 Rates Fringes POWER EQUIPMENT OPERATORS: GROUP 1 26.25 10.95 GROUP 2 27.03 10.95 GROUP 3 27.32 10.95 GROUP 4 28.21 10.95 GROUP 5 28.43 10.95 GROUP 6 29.53 10.95 GROUP 7 28.54 10.95 GROUP 8 29.64 10.95 GROUP 9 28.66 10.95 GROUP 10 29.76 10.95 GROUP 11 28.83 10.95 GROUP 12 28.93 10.95 GROUP 13 28.96 10.95 GROUP 14 29.04 10.95 GROUP 15 29.16 10.95 GROUP 16 29.33 10.95 GROUP 17 29.43 10.95 GROUP 18 29.54 10.95 GROUP 19 29.66 10.95 GROUP 20 29.83 10.95 GROUP 21 30.93 10.95 GROUP 22 30.04 10.95 GROUP 23 30.16 10.95 GROUP 24 30.83 10.95 CRANES, PILEDRIVING & HOISTING EQUIPMENT: GROUP 1 27.00 10.95 GROUP 2 28.78 10.95 GROUP 3 28.07 10.95 GROUP 4 28.21 10.95 GROUP 5 28.43 10.95 GROUP 6 28.54 10.95 GROUP 7 28.66 10.95 GROUP 8 28.83 10.95 20 GROUP 9 • 29.00 10.959 GROUP 10 30.00 10.95 GROUP 11 31.00 10.95 GROUP 12 32.00 10.95 GROUP 13 33.00 10.95 TUNNEL WORK: GROUP 1 27.50 10.95 GROUP 2 28.28 10.95 GROUP 3 28.57 10.95 GROUP 4 28.71 10.95 GROUP 5 28.93 10.95 GROUP 6 29.04 10.95 GROUP 7 29.16 10.95 FOOTNOTES: Workers required to suit up and work in a hazardous material environment: $1.00 per hour additional. Combination mixer and compressor operator on gunite work shall be classified as a concrete mobile mixer operator. POWER EQUIPMENT OPERATORS CLASSIFICATIONS GROUP 1: Barge, brake, compressor operator, Ditch Witch, with seat or similar type equipment, elevator operator - inside, engineer oiler, generator operator, generator, pump or compressor plant operator, pump operator, signal, switch GROUP 2: Asphalt -rubber plant operator (nurse tank operator), concrete mixer operator - skip type, conveyor operator, fire person, hydrostatic pump operator, oiler crusher (asphalt or concrete plant), skiploader (wheel type up to 3/4 yd. without attachment), tar pot fire person, temporary heating plant operator, trenching machine oiler GROUP 3: Asphalt -rubber blend operator, equipment greaser (rack), Ford Ferguson (with dragtype attachments), helicopter radio (ground), stationary pipe wrapping and cleaning machine operator GROUP 4: Asphalt plant fire person, backhoe operator (mini -max or similar type), boring machine operator, box or mixer (asphalt or concrete), chip spreading machine operator, concrete cleaning decontamination machine operator, concrete pump operator (small portable), drilling machine operator, small auger types (Texoma super economatic or similar types - Hughes 100 or 200 or similar types - drilling depth of 30' maximum), equipment greaser (grease truck), guard rail post driver operator, highline cableway signal, hydra - hammer -aero stomper, power concrete curing machine operator, power concrete saw operator, power- driven jumbo form setter operator, power sweeper operator, roller operator (compacting), screed operator (asphalt or concrete), trenching machine operator (up to 6 ft.) GROUP 5: Equipment greaser (grease truck /multi- shift) GROUP 6: Asphalt plant engineer, batch plant operator, bit sharpener, concrete joint machine operator (canal and similar type), concrete planer operator, deck engine operator, derrick (oilfield type), drilling machine operator, bucket or auger types (Calweld 100 bucket or similar types - Watson 1000 auger or similar types - Texoma 330, 500 or 600 auger or similar types - drilling depth of 45' maximum), drilling machine operator (including water wells incidental to building, heavy or highway construction), hydrographic seeder machine operator (straw, pump or seed), Jackson track maintainer, or similar type, Kalamazoo switch tamper, or similar type, machine tool operator, Maginnis internal full slab vibrator, mechanical berm, curb or gutter (concrete or asphalt), mechanical finisher operator (concrete, Clary- Johnson - Bidwell or similar), pavement breaker operator (truck mounted), road oil mixing machine operator, roller 21 orarnr fasnhalr or O sh). rubber -tired earth moving e*ment (single engine, up to and including 25 yds. struck), self - propelled tar pipelining machine operator, skiploader operator (crawler and wheel type, over 3/4 yd. and up to and including 1- 1/2 yds.), slip form pump operator (power driven hydraulic lifting device for concrete forms), tractor operator - bulldozer, tamper- scraper (single engine, up to 100 h.p. flywheel and similar types, up to and including D -5 and similar types), tugger hoist operator (1 drum), ultra high pressure waterjet cutting tool system operator, vacuum blasting machine operator GROUP 7: Asphalt or concrete spreading operator (tamping or finishing), asphalt paving machine operator (Barber Greene or similar type), asphalt - rubber distribution operator, backhoe operator (up to and including 3/4 yd.), small Ford, Case or similar, cast -in -place pipe laying machine operator, combination mixer and compressor operator (gunite work), compactor operator (self - propelled), concrete mixer operator (paving), crushing plant operator, drill doctor, drilling machine operator, bucket or auger types (Calweld 150 bucket or similar types - Watson 1500, 2000 2500 auger or similar types - Texoma 700, 800 auger or similar types - drilling depth of 60' maximum), elevating grader operator, grade checker, gradall operator, grouting machine operator, heavy -duty repair person, heavy equipment robotics operator, Kalamazoo balliste regulator or similar type, Kolman belt loader and similar type, Le Tourneau blob compactor or similar type, loader operator ( Athey, Euclid, Sierra and similar types), pneumatic concrete placing machine operator (Hackley- Presswell or similar type), pumperete gun operator, rotary drill operator (excluding caisson type), rubber -tired earth- moving equipment operator (single engine, caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds. up to and including 50 cu. yds. struck), rubber -tired earth - moving equipment operator (multiple engine up to and including 25 yds. struck), rubber -tired scraper operator (self - loading paddle wheel type - John Deere, 1040 and similar single unit), self - propelled curb and gutter machine operator, skiploader operator (crawler and wheel type over 1 -1/2 yds. up to and including 6 -1/2 yds.), soil remediation plant operator, surface heaters and planer operator, tractor compressor drill combination operator, tractor operator (any type larger than D -5 - 100 flywheel h.p. and over, or similar - bulldozer, tamper, scraper and push tractor single engine), tractor operator (boom attachments), traveling pipe wrapping, cleaning and bending machine operator, trenching machine operator (over 6 ft. depth capacity, manufacturer's rating), ultra high pressure waterjet cutting tool system mechanic GROUP 8: Heavy -duty repair person (multi- shift) GROUP 9: Drilling machine operator, bucket or auger types (Calweld 200 B bucket or similar types - Watson 3000 or 5000 auger or similar types - Texoma 900 auger or similar types - drilling depth of 105' maximum), dual drum mixer, dynamic compactor LDC350 (or similar types), heavy -duty repair - welder combination, monorail locomotive operator (diesel, gas or electric), motor patrol - blade operator (single engine), multiple engine tractor operator (Euclid and similar type - except Quad 9 cat.), rubber -tired earth - moving equipment operator (single engine, over 50 yds. struck), rubber -tired earth - moving equipment operator (multiple engine, Euclid, caterpillar and similar over 25 yds. and up to 50 yds. struck), tower crane repair person, tractor loader operator (crawler and wheel type over 6 -1/2 yds.), Woods mixer operator (and similar Pugmill equipment) GROUP 10: Heavy -duty repair - welder combination (multi - shift) 22 GROUP 11: Auto graderorator, automatic slip form opera* drilling machine operator, bucket or auger types (Calweld, auger 200 CA or similar types - Watson, auger 6000 or similar types - Hughes Super Duty, auger 200 or similar types - drilling depth of 175' maximum), hoe ram or similar with compressor, mass excavator operator, mechanical finishing machine operator, mobile form traveler operator, motor patrol operator (multi- engine), pipe mobile machine operator, rubber -tired earth- moving equipment operator (multiple engine, Euclid, Caterpillar and similar type, over 50 cu. yds. struck), rubber -tired self - loading scraper operator (paddle - wheel -auger type self - loading - two (2) or more units) GROUP 12: Rubber -tired earth - moving equipment operator operating equipment with push -pull system (single engine, up to and including 25 yds. struck) GROUP 13: Canal liner operator, canal trimmer operator, remote - control earth - moving equipment operator (operating a second piece of equipment: $1.00 per hour additional), wheel excavator operator GROUP 14: Rubber -tired earth - moving equipment operator, operating equipment with push -pull system (single engine, Caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds. and up to and including 50 yds. struck), rubber -tired earth- moving equipment operator, operating equipment with push -pull system (multiple engine - up to and including 25 yds. struck) GROUP 15: Rubber -tired earth- moving equipment operator, operating equipment with push -pull system (single engine, over 50 yds. struck), rubber -tired earth - moving equipment operator, operating equipment with push -pull system (multiple engine, Euclid, Caterpillar and similar, over 25 yds. and up to 50 yds. struck) GROUP 16: Rubber -tired earth - moving equipment operator, operating equipment with push -pull system (multiple engine, Euclid, Caterpillar and similar, over 50 cu. yds. struck), tandem tractor operator (operating crawler type tractors in tandem - Quad 9 and similar type) GROUP 17: Rubber -tired earth - moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units - single engine, up to and including 25 yds. struck) GROUP 18: Rotex concrete belt operator (or similar types), rubber -tired earth - moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units - single engine, Caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds.and up to and including 50 cu. yds. struck), rubber -tired earth - moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units - multiple engine, up to and including 25 yds. struck) GROUP 19: Rubber -tired earth - moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units - single engine, over 50 yds. struck), rubber -tired earth - moving equipment operator, operating in tandem (scrapers, belly dumps, and similar types in any combination, excluding compaction units - multiple engine, Euclid, Caterpillar and similar, over 25 yds. and up to 50 yds. struck) 23 GROUP 20: Rubber- tireArth- moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units - multiple engine, Euclid, Caterpillar and similar type, over 50 cu. yds. struck) GROUP 21: Rubber -tired earth - moving equipment operator, operating equipment with the tandem push -pull system (single engine, up to and including 25 yds, struck) GROUP 22: Rubber -tired earth - moving equipment operator, operating equipment with the tandem push -pull system (single engine, Caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds. and up to and including 50 yds, struck), rubber -tired earth - moving equipment operator, operating with the tandem push -pull system (multiple engine, up to and including 25 yds. struck) GROUP 23: Rubber -tired earth - moving equipment operator, operating equipment with the tandem push -pull system (single engine, over 50 yds. struck), rubber -tired earth - moving equipment operator, operating equipment with the tandem push -pull system (multiple engine, Euclid, Caterpillar and similar, over 25 yds. and up to 50 yds. struck) GROUP 24: Concrete pump operator - truck mounted, rubber -tired earth - moving equipment operator, operating equipment with the tandem push -pull system (multiple engine, Euclid, Caterpillar and similar type, over 50 cu. yds. struck) CRANES, PILEDRIVING AND HOISTING EQUIPMENT CLASSIFICATIONS GROUP 1: Engineer oiler; Fork lift operator (includes loed, lull or similar types) GROUP 2: Truck crane oiler GROUP 3: A -frame or winch truck operator; Ross carrier operator (jobsite) GROUP 4: Bridge -type unloader and turntable operator; Helicopter hoist operator GROUP 5: Stinger crane (Austin- Western or similar type); Tugger hoist operator (1 drum) GROUP 6: Bridge crane operator; Cretor crane operator; Hoist operator (Chicago boom and similar type); Lift mobile operator; Lift slab machine operator (Vagtborg and similar types); Material hoist operator; Polar gantry crane operator; Shovel, backhoe, dragline, clamshell operator (over 3/4 yd. and up to 5 cu. yds. mrc); Tugger hoist operator GROUP 7: Pedestal crane operator; Shovel, backhoe, dragline, clamshell operator (over 5 cu. yds. mrc); Tower crane repair; Tugger hoist operator (3 drum) GROUP 8: Crane operator (up to and including 25 ton capacity); Crawler transporter operator; Derrick barge operator (up to and including 25 ton capacity); Hoist operator, stiff legs, Guy derrick or similar type (up to and including 25 ton capacity); Shovel, backhoe, dragline, clamshell operator (over 7 cu. yds. mrc) GROUP 9: Crane operator (over 25 tons and up to and including 50 tons mrc); Derrick barge operator (over 25 tons up to and including 50 tons mrc); Highline cableway operator; Hoist operator, stiff legs, Guy derrick or similar type (over 25 tons up to and including 50 tons mrc); K -crane operator; Polar crane operator 24 0 0 GROUP 10: Crane operator (over 50 tons and up to and including 100 tons mrc); Derrick barge operator (over 50 tons up to and including 100 tons mrc); Hoist operator, stiff legs, Guy derrick or similar type (over 50 tons up to and including 100 tons mrc), Mobile tower crane operator (over 50 tons, up to and including 100 tons M.R.C.); Tower crane operator and tower gantry GROUP 11: Crane operator (over 100 tons and up to and including 200 tons mrc); Derrick barge operator (over 100 tons up to and including 200 tons mrc); Hoist operator, stiff legs, Guy derrick or similar type (over 100 tons up to and including 200 tons mrc); Mobile tower crane operator (over 100 tons up to and including 200 tons mrc) GROUP 12: Crane operator (over 200 tons up to and including 300 tons mrc); Derrick barge operator (over 200 tons up to and including 300 tons mrc); Hoist operator, stiff legs, Guy derrick or similar type (over 200 tons, up to and including 300 tons mrc); Mobile tower crane operator (over 200 tons, up to and including 300 tons mrc) GROUP 13: Crane operator (over 300 tons); Derrick barge operator (over 300 tons); Helicopter pilot; Hoist operator, stiff legs, Guy derrick or similar type (over 300 tons); Mobile tower crane operator (over 300 tons) TUNNEL CLASSIFICATIONS GROUP 1: Skiploader (wheel type up to 3/4 yd. without attachment) GROUP 2: Power- driven jumbo form setter operator GROUP 3: Dinkey locomotive or motorperson (up to and including 10 tons) GROUP 4: Bit sharpener; Equipment greaser (grease truck); Slip form pump operator (power- driven hydraulic lifting device for concrete forms); Tugger hoist operator (1 drum); Tunnel locomotive operator (over 10 and up to and including 30 tons) GROUP 5: Backhoe operator (up to and including 3/4 yd.); Small Ford, Case or similar; Drill doctor; Grouting machine operator; Heading shield operator; Heavy -duty repairperson; Loader operator (Athey, Euclid, Sierra and similar types); Mucking machine operator (1/4 yd., rubber- tired, rail or track type); Pneumatic concrete placing machine operator (Hackley- Presswell or similar type); Pneumatic heading shield (tunnel); Pumperete gun operator; Tractor compressor drill combination operator; Tugger hoist operator (2 drum); Tunnel locomotive operator (over 30 tons) GROUP 6: Heavy -duty repair /welder combination GROUP 7: Tunnel mole boring machine operator ---------------------------------------------------------------- ENGI0012D 08/01/1999 Rates Fringes POWER EQUIPMENT OPERATORS: DREDGING: Lever person 31.85 10.35 Dozer operator 28.38 10.35 Welder; Deckmate 28.27 10.35 Winch operator (stern winch on dredge) 27.72 10.35 Fire person - oiler; Leveehand; Deckhand; Barge person 27.18 10.35 Barge mate 27.79 10.35 25 FOOTNOTE: GUNITE PREMIUM PAY: Workers working from a Bosn'n -s Chair or suspended from a rope or cable shall receive 40 cents per hour above the foregoing applicable classification rates. Workers doing gunite and /or shotcrete work in a tunnel shall receive 35 cents per hour above the foregoing applicable classification rates, paid on a portal -to- portal basis. Any work performed on, in or above any smoke stack, silo, storage elevator or similar type of structure, when such structure is in excess of 75' -0" above base level and which work must be performed in whole or in part more than 75' -0" above base level, that work performed above the 75' -0" level shall be compensated for at 35 cents per hour above the applicable classification wage rate. LABORER CLASSIFICATIONS GROUP 1: Cleaning and handling of panel forms; Concrete screeding for rough strike -off; Concrete, water curing; Demolition laborer, the cleaning of brick if performed by a worker performing any other phase of demolition work, and the cleaning of lumber;fence builder; Fire watcher, limber, brush loader, piler and debris handler; Flag person; Gas, oil and /or water pipeline laborer; Laborer, asphalt -rubber material loader; Laborer, general or construction; Laborer, general clean -up; Laborer,landscaping; Laborer, jetting; Laborer, temporary water and air lines; Material hose operator (walls, slabs, floors and decks); Plugging, filling of shee bolt holes; Dry packing of concrete; post hole digger (manual); [BRailroad maintenance, repair track person and road beds; Streetcar and railroad 26 • IRON0001T 07/01/2000 Rates Fringes IRONWORKERS: Fence erector 25.19 14.575 Ornamental, reinforcing and structural 26.08 14.575 ___ _ _______ LAB00001B 09/01/2000 ____- _______ - Rates Fringes BRICK TENDER 19.67 9.10 FORK LIFT OPERATOR 19.82 9.10 ______________________ • LABO0002H 07/01/2000 ________- __________________ Rates Fringes LABORERS: GROUP 1 18.82 9.65 GROUP 2 19.27 9.65 GROUP 3 19.62 9.65 GROUP 4 20.92 9.65 GROUP 5 21.17 9.65 TUNNEL LABORERS: GROUP 1 _ 21.73 9.65 GROUP 2 21.95 9.65 GROUP 3 22.21 9.65 GROUP 4 22.65 9.65 GUNITE LABORERS: GROUP 1 21.69 11.88 GROUP 2 20.74 11.88 GROUP 3 17.20 11.88 HOUSEMOVERS (ONLY WHERE HOUSEMOVING IS INCIDENTAL TO A CONSTRUCTION CONTRACT): Housemover 15.50 8.38 Yard maintenance person 15.25 8.38 FOOTNOTE: GUNITE PREMIUM PAY: Workers working from a Bosn'n -s Chair or suspended from a rope or cable shall receive 40 cents per hour above the foregoing applicable classification rates. Workers doing gunite and /or shotcrete work in a tunnel shall receive 35 cents per hour above the foregoing applicable classification rates, paid on a portal -to- portal basis. Any work performed on, in or above any smoke stack, silo, storage elevator or similar type of structure, when such structure is in excess of 75' -0" above base level and which work must be performed in whole or in part more than 75' -0" above base level, that work performed above the 75' -0" level shall be compensated for at 35 cents per hour above the applicable classification wage rate. LABORER CLASSIFICATIONS GROUP 1: Cleaning and handling of panel forms; Concrete screeding for rough strike -off; Concrete, water curing; Demolition laborer, the cleaning of brick if performed by a worker performing any other phase of demolition work, and the cleaning of lumber;fence builder; Fire watcher, limber, brush loader, piler and debris handler; Flag person; Gas, oil and /or water pipeline laborer; Laborer, asphalt -rubber material loader; Laborer, general or construction; Laborer, general clean -up; Laborer,landscaping; Laborer, jetting; Laborer, temporary water and air lines; Material hose operator (walls, slabs, floors and decks); Plugging, filling of shee bolt holes; Dry packing of concrete; post hole digger (manual); [BRailroad maintenance, repair track person and road beds; Streetcar and railroad 26 construction track labers; Rigging and signaling; Scalerolip form raiser; Slurry seal crew (mixer operator, applicator operator, squeegee person, shuttle person, top person), filling of cracks by any method on any surface; Tar and mortar; Tool crib or tool house laborer; Traffic control by any method; Window cleaner; Wire mesh pulling - all concrete pouring operations GROUP 2: Asbestos abatement; Asphalt shoveler; Cement dumper (on 1 yd. or larger mixer and handling bulk cement); Cesspool digger and installer; Chucktender; Chute handler, pouring concrete, the handling of the chute from readymix trucks, such as walls, slabs, decks, floors, foundation, footings, curbs, gutters and sidewalks; Concrete curer, impervious membrane and form oiler; Cutting torch operator (demolition); Fine grader, highways and street paving, airport, runways and similar type heavy construction; Gas, oil and /or water pipeline wrapper - pot tender and form person; Guinea chaser; Headerboard person - asphalt; Laborer, installation of all asphalt overlay fabric materials used fro reinforcing asphalt; packing rod steel and pans; Membrane vapor barrier installer; Power broom sweeper (small); Riprap stonepaver, placing stone or wet sacked concrete; Roto scraper and tiller; Sandblaster (pot tender); Septic tank digger and installer (lead); Tank scaler and cleaner; Tree climber, faller, chain saw operator, Pittsburgh chipper and similar type brush shredder; Underground laborer, including caisson bellower GROUP 3: Buggymobile person; Concrete cutting torch; Concrete pile cutter; Driller, jackhammer, 2 -1/2 ft. drill steel or longer; Dri- pak -it machine; Gas, oil and /or water pipeline wrapper, 6 -in. pipe and over, by any method, inside and out; High scaler (including drilling of same); Hydro seeder and similar type; Impact wrench multi - plate; Kettle person, pot person and workers applying asphalt, lay -kold, creosote, lime caustic and similar type materials ( "applying" means applying, dipping, brushing or handling of such materials for pipe wrapping and waterproofing); Operator of pneumatic, gas, electric tools, vibrating machine, pavement breaker, air blasting, come - alongs, and similar mechanical tools not separately classified herein; Pipelayer's backup person, coating, grouting, making of joints, sealing, caulking, diapering and including rubber gasket joints, pointing and any and all other services; Rock slinger; Rotary scarifier or multiple head concrete chipping scarifier; Steel headerboard and guideline setter; Tamper, Barko, Wacker and similar type; Trenching machine, hand - propelled Power p[ost hole digger GROUP 4:Any worker exposed to raw sewage; Asphalt raker, lute person, ironer, asphalt dump person, and asphalt spreader boxes (all types); concrete core cutter (walls, floors or ceilings), grinder or sander; Concrete saw person, cutting walls or flat work, scoring old or new concrete; Cribber, shorer, lagging, sheeting and trench bracing, hand - guided lagging hammer; Head rock slinger; Laborer, asphalt - rubber distributor boot person; Laser beam in connection with laborers' work; Oversize concrete vibrator operator, 70 lbs. and over; Pipelayer performing all services in the laying and installation of pipe from the point of receiving pipe in the ditch until completion of operation, including any and all forms of tubular material, whether pipe, metallic or non - metallic, conduit and any other stationary type of tubular device used for the conveying of any substance or element, whether water, sewage,solid gas, air, or other product whatsoever and without regard to the nature of material from which the tubular material is fabricated; No -joint pipe and stripping of same; Prefabricated manhole installer; Sandblaster (nozzle person), water blasting, Porta Shot - Blast; welding in connection with laborers' work 27 GROUP 5: Blaster pow,* all work of loading holes, placifand blasting of all powder and explosives of whatever type, regardless of method used for such loading and placing; Directional boring driller; Driller: All power drills, excluding jackhammer, whether core, diamond, wagon, track, multiple unit, and any and all other types of mechanical drills without regard to the form of motive power; Toxic waste removal; TUNNEL LABORER CLASSIFICATIONS GROUP 1: Batch plant laborer; Bull gang mucker, track person; Changehouse person; Concrete crew, including rodder and spreader; Dump person; Dump person (outside); Swamper (brake person and switch person on tunnel work); Tunnel materials handling person GROUP 2: Chucktender, cabletender; Loading and unloading agitator cars; Nipper; Pot tender, using mastic or other materials (for example, but not by way of limitation, shotcrete, etc.); Vibrator person, jack hammer, pneumatic tools (except driller) GROUP 3: Blaster, driller, powder person; Chemical grout jet person; Cherry picker person; Grout gun person; Grout mixer person; Grout pump person; Jackleg miner; Jumbo person; Kemper and other pneumatic concrete placer operator; Miner, tunnel (hand or machine); Nozzle person; Operating of troweling and /or grouting machines; Powder person (primer house); Primer person; Sandblaster; Shotcrete person; Steel form raiser and setter; Timber person, retimber person, wood or steel; Tunnel Concrete finisher GROUP 4: Diamond driller; Sandblaster; Shaft and raise work GUNITE LABORER CLASSIFICATIONS GROUP 1: Nozzle person and rod person GROUP 2: Gun person GROUP 3: Rebound person ---------------------- ----------------------------------------- * LAB00300A 08/02/2000 Rates Fringes PLASTER TENDER: Plaster Tender 21.08 9.62 Plaster Clean Tender 18.53 9.62 ---------------------------------------------------------------- * LABOO682A 01/01/2001 Rates Fringes ASBESTOS REMOVAL LABORER 20.12 5.25 SCOPE OF WORK: includes site mobilization, initial site clean -up, site preparation, removal of asbestos - containing material and toxic waste (including lead abatement and any other toxic materials), encapsulation, enclosure and disposal of asbestos - containing materials and toxic waste (including lead abatement and any other toxic materials) by hand or with equipment or machinery; scaffolding, fabrication of temporary wooden barriers, and assembly of decontamination stations. LABO1184A 08/01/2000 W Rates Fringes LABORERS - STRIPING: GROUP 1 19.60 7.76 GROUP 2 20.15 7.76 GROUP 3 21.97 7.76 GROUP 4 23.22 7.76 W LABORERS - STRIPIALASSIFICATIONS • GROUP 1: Protective coating, pavement sealing, including repair and filling of cracks by any method on any surface in parking lots, game courts and playgrounds; carstops; operation of all related machinery and equipment; equipment repair technician GROUP 2: Traffic surface abrasive blaster; pot tender - removal of all traffic lines and markings by any method (sandblasting, waterblasting, grinding, etc.) and preparation of surface for coatings. Traffic control person: controlling and directing traffic through both conventional and moving lane closures; operation of all related machinery and equipment GROUP 3: Traffic delineating device applicator: Layout and application of pavement markers, delineating signs, rumble and traffic bars, adhesives, guide markers, other traffic delineating devices including traffic control. This category includes all traffic related surface preparation (sandblasting, waterblasting, grinding) as part of the application process. Traffic protective delineating system installer: removes, relocates, installs, permanently affixed roadside and parking delineation barricades, fencing, cable anchor, guard rail, reference signs, monument markers; operation of all related machinery and equipment; power broom sweeper GROUP 4: Striper: layout and application of traffic stripes and markings; hot thermo plastic; tape traffic stripes and markings, including traffic control; operation of all related machinery and equipment • PAIN0036A 08/01/2000 Rates Fringes PAINTER (includes lead abatement): Work on service stations and and car washes; Small new commercial work (defined as construction up to and including 3 stories in height, such as small shopping centers, small stores, small office buildings and small food establishments); Small new industrial work (defined as light metal buildings, small warehouses, small storage facilities and tilt -up buildings); Repaint work (defined as repaint of any structure with the exception of work involving the aerospace industry, breweries, commercial recreational facilities, hotels which operate commercial establishments as part of hotel service, and sports facilities); Tenant improvement work (defined as tenant improvement work not included in conjunction with the construction of the building, and all repainting of tenant improvement projects 20.75 4.53 All other work 24.02 4.53 29 --------------------- 1 --------------------------------- PAIN0036H 10/01/1999 Rates Fringes DRYWALL FINISHERS: Work on wood frame structures 18.00 3.71 All other work 24.33 6.88 ---------------------------------------------------------------- PAIN0636B 06/01/1999 Rates Fringes GLAZIER 26.10 7.23 FOOTNOTES: Work in a condor, from the third (3rd) floor and up: $1.25 per hour additional. work on the outside of the building from a swing stage or any suspended contrivance, from the ground up: $1.25 per hour additional. --- - -- - ----- ------ --- ----- ---- -- PAIN1247B 01/01/2001 Rates Fringes SOFT FLOOR LAYER 25.45 6.22 ---------------------------------------------------------------- PLAS0200D 08/06/1997 Rates Fringes PLASTERER 24.13 4.04 * PLAS0500B 08/01/2000 FOOTNOTE: Work on a swinging stage, bosun chair, or suspended scaffold, 30 Rates Fringes CEMENT MASONS: Work on projects where the total permit value of the general and all subcontracts is $12 million or less: Cement Mason; curb and gutter machine; Clary and similar type of screed operator (cement only); grinding machine (all types); Jackson vibratory, Texas screed and similar type screed operator; scoring machine operator 19.85 8.90 Cement mason (magnesite, magnesite - terrazzo and mastic composition, epoxy, urethanes and exotic coatings, Dex -O -Tex) 19.97 8.90 Cement mason, floating and troweling machine operator 20.10 8.90 All other work: Cement mason; curb and gutter machine operator; Clary and similar type of screed operator (cement only); grinding machine (all types); Jackson vibratory, Texas screed and similar type screed operator; scoring machine operator 21.81 10.90 Cement mason (magnesite, magnesite - terrazzo and mastic composition, epoxy, urethanes and exotic coatings, Dex -O -Tex) 21.93 10.90 Cement Mason - floating and troweling machine operator 22.06 10.90 FOOTNOTE: Work on a swinging stage, bosun chair, or suspended scaffold, 30 whether swinging or rod, above or below ground: $0.25 pour additional. ____ _ ___ __________________ PLUM0016A 07/01/2000 Rates Fringes PLUMBER & PIPEFITTER, REFRIGERATRION & AIR CONDITIONING FITTER 25.78 11.87 SEWER AND STORM DRAIN WORK 17.46 10.76 SERVICE and REPAIR ______ 24.93 11.32 _______________ PLUM0250B 03/01/2001 ___________________ Rates Fringes REFRIGERATION & AIR CONDITIONING 29.65 11.85 _____ ____________ PLUM0345A 07/01/2000 ______ __________ Rates Fringes LANDSCAPE & IRRIGATION FITTER 20.23 11.10 __________________________ ROOF0036B 02/01/1999 _ ___ __- _______ Rates Fringes ROOFERS: Roofer 23.27 5.40 Preparer (duties limited to the following: Roof removal of any type of roofing or roofing material; or spudding, or sweeping; and /or clean -up; and /or preload in, or in preparing the roof for application of roofing, damp and /or waterproofing materials 16.24 1.00 FOOTNOTE: Pitch premium: Work on which employees are exposed to pitch fumes or required to handle pitch, pitch base or pitch impregnated products, or any material containing coal tar pitch, the entire roofing crew shall receive $1.75 per hour "pitch premium- pay. ---------------- --------------- ---------------- — - ------------- SFCA0669H 04/01/2001 Rates Fringes DOES NOT INCLUDE SAN CLEMENTE ISLAND, THE CITY OF SANTA ANA, AND THAT PART OF ORANGE COUNTY WITHIN 25 MILES OF THE CITY LIMITS OF LOS ANGELES: SPRINKLER FITTER (FIRE) 26.50 6.00 SFCA0709C 09/01/2000 Rates Fringes SAN CLEMENTE ISLAND, THE CITY OF SANTA ANA, AND THAT PART OF ORANGE COUNTY WITHIN 25 MILES BEYOND THE CITY LIMITS OF LOS ANGELES: SPRINKLER FITTER (FIRE) 30.83 10.40 _________________________________ ____________________________ ___ SHEE0102B 02/01/2001 Rates Fringes COMMERCIAL SHEET METAL WORKER: Work on all commercial HVAC for creature comfort and computers clean rooms, architectural metals, metal roofing and lagging, over insulation 28.60 10.39 _________________________________ _______________________________ SHEE0102C 02/01/2001 Rates Fringes INDUSTRIAL SPECIALTIES SHEET METAL WORKER: 31 Work on all air poloon control • systems, noise abatement panels, blow pipe, air -veyor systems, dust collecting, baghouses, heating, air conditioning, and ventilating (other than creature comfort) and all other industrial work, including metal insulated ceilings ________________ 24.91 13.62 __ __________ ________ TEAM0011E 07/01/1999 ________ _ __ __ Rates Fringes TRUCK DRIVERS: GROUP 1 20.19 11.89 GROUP 2 20.34 11.89 GROUP 3 20.47 11.89 GROUP 4 20.66 11.89 GROUP 5 20.60 11.89 GROUP 6 20.72 11.89 GROUP 7 20.97 11.89 GROUP 8 21.22 11.89 GROUP 9 21.42 11.89 GROUP 10 21.72 11.89 GROUP 11 22.22 11.89 TRUCK DRIVER CLASSIFICATIONS GROUP 1: Truck driver GROUP 2: Driver of vehicle or combination of vehicles - 2 axles; Traffic control pilot car excluding moving heavy equipment permit load; Truck - mounted broom GROUP 3: Driver of vehicle or combination of vehicles - 3 axles; Boot person; Cement mason distribution truck; Fuel truck driver; Water truck - 2 axle; Dump truck, less than 16 yds. water level; Erosion control driver GROUP 4: Driver of transit mix truck, under 3 yds.; Dumperete truck, less than 6 -1/2 yds. water level GROUP 5: Water truck, 3 or more axles; Truck greaser and tire person ($0.50 additional for tire person); Pipeline and utility working truck driver, including winch truck and plastic fusion, limited to pipeline and utility work; Slurry truck driver GROUP 6: Transit mix truck, 3 yds. or more; Dumperete truck, 6 -1/2 yds. water level and over; vehicle or combination of vehicles - 4 or more axle; Oil spreader truck; Dump truck, 16 yds. to 25 yds. water level GROUP 7: A Frame, Swedish crane or similar; Forklift driver; Ross carrier driver GROUP 8: Dump truck, 25 yds. to 49 yds. water level; Truck repair person; water pull - single engine; Welder GROUP 9: Truck repair person /welder; Low bed driver, 9 axles or over GROUP 10: Dump truck - 50 yds. or more water level; Water pull - single engine with attachment GROUP 11: Water pull - twin engine; Water pull - twin engine with attachments; Winch truck driver - $1.25 additional when operating winch or similar special attachments ---------------------------------------------------------------- WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. 32 Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29 CFR 5.5(a)(1)(v)). ________________________________ In the listing above, the "SU" designation means that rates listed under that identifier do not reflect collectively bargained wage and fringe benefit rates. Other designations indicate unions whose rates have been determined to be prevailing. WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis -Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations wage and Hour Division U. S. Department of Labor 200 Constitution Avenue, N. W. Washington, D. C. 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N. W. Washington, D. C. 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the wage Appeals Board). Write to: Administrative Review Board U. S. Department of Labor 200 Constitution Avenue, N. W. Washington, D. C. 20210 4.) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION 33 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SAN MIGUEL DRIVE PAVEMENT REHABILITATION CONTRACT NO. 3374 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 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. Certificate(s) of Insurance, General Liability Insurance Endorsement, and Automobile Liability Insurance Endorsement shall be provided as required by the Contract documents and delivered to the Engineer within ten (10) days (not including Saturday, Sunday and Federal holidays) after the date of receipt Notice of Award to the successful bidder. The Labor and Materials Payment Bond and Faithful Performance Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. Pursuant to Public Contract Code Section 22300, appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. Insurance companies affording coverage shall be (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) assigned Policyholders' Rating A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property - Casualty. Coverages shall be provided as specified in the Standard Specifications for Public Works Construction, except as modified by the Special Provisions. Certificates of Insurance and additional insured endorsements shall be on the insurance company's forms, fully executed and delivered with the Contract. The Notice to Proceed will not be issued until all contract documents have been received and approved by the City. CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SAN MIGUEL DRIVE PAVEMENT REHABILITATION CONTRACT NO. 3374 CONTRACT THIS AGREEMENT, entered into this _ day of , 2001, by and between the CITY OF NEWPORT BEACH, hereinafter "City," and All American Asphalt hereinafter "Contractor;' is made with reference to the following facts: WHEREAS, City has advertised for bids for the following described public work: SAN MIGUEL DRIVE PAVEMENT REHABILITATION Project Description Contract No. 3374 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. 3374, 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 • r perform all activities, at no extra cost to City which are reasonably inferable from the Contract Documents as being necessary to produce the intended results. C. COMPENSATION As full compensation for the performance and completion of the Project as required by the Contract Documents, City shall pay to Contractor and Contractor accepts as full payment the sum of seven hundred fifteen thousand, fifty -one and 181100 Dollars ($715,051.18). 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: Steve Luy (949) 644 -3311 CONTRACTOR All American Asphalt P.O. Box 2229 Corona, CA 92878 909 - 736 -7600 F. LABOR CODE 3700 LIABILITY INSURANCEContractor, by executing this Contract, hereby certifies: "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers' Compensation or undertake self- insurance in accordance with the provisions of the Code, and I will comply with such provisions before commencing the performance of the work of this Contract." G. INSURANCE Insurance is to be placed with insurers with a Best's rating of no less than A:VII and insurers must be a California Admitted Insurance Company. 0 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 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. 1 i c) Workers' Compensation and Employers Liability: Workers' compensation limits as required by the Labor Code of the State of California and Employers Liability. 3. Deductibles and Self- Insured Retentions Any deductibles or self- insured retentions must be declared to and approved by City. At the option of City, either: the insurer shall reduce or eliminate such deductibles or self- insured retentions as respects City, its officers, officials, employees and volunteers; or Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. 4. Other Insurance Provisions The policies are to contain, or be endorsed to contain, the following provisions: a) General Liability and Automobile Liability Coverages City, its officers, officials, employees and volunteers are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of Contractor, including the insured's general supervision of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor; or automobiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded to City, its officers, officials, employees or volunteers. ii. Contractor's insurance coverage shall be primary insurance and /or primary source of recovery as respects City, its officers, officials, employees and volunteers. Any insurance or self- insurance maintained by City, its officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with it. iii. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its officers, officials, employees and volunteers. iv. Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. v. The insurance afforded by the policy for contractual liability shall include liability assumed by contractor under the indemnification /hold harmless provision contained in this Contract. b) Workers' Compensation and Employers Liability Coverage i 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 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 0 6 and all claims asserted by Contractor's subcontractors or suppliers on the project, and shall include reasonable attomeys' 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. 0 • J. CONFLICT If there is a conflict between provisions of this Contract and any other Contract Document, the provisions of this Contract shall prevail. K. WAIVER A waiver by City or any term, covenant, or condition in the Contract Documents shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the day and year first written above. ATTEST: CITY CLERK APP AS TO FORM: +_ i CITY OF NEWPORT BEACH A Municipal Corporation By:"simm %''C Mayor Garold B. Adams All American Asphalt By: Authorized Signature and Title VICE PRESIDENT Y W .. CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California ref V E%ZSi f7fi ss. County of N On $ 6 before me, V �I�/U/ S JONES, iilar.4Ry �q L%C ale Ti Name and The of Officer (e g 1 'Jane Doe. Notary Public ") personally appeared _E=0 :personally known to me `6WAeflCe, to be the personal whose nameJ,.s'J is�iarA ,..,.1 subscribed to the within instrument and DE?4NIS JONES acknowledged to me that he/sMrsft1iey executed Commiztion # 12Cn094 the same in his44eTj0ieir authorized Notary Public - Colifornio ii ca acit Riven de County p yUef and that by his /Jaerft1� n � signature(Won the instrument the personal, or _. {,- ,-- _ - - -,( the entity upon behalf of which the personal acted, executed the instrument. r WITNESS �myhand and - ic official seal. , ' Place Notary Seal Above Signature of Not Public r. OPTIONAL tThough the information below is not required by law, it may prove valuable to persons relying on the document rand could prevent fraudulent removal and reattachment of this form to another document. A5 Description of Attached Document Title or Type of Document: j_A1 U_C?r r kF -E j EA-rrJV d iPAR:r H n1 AR, 33 r r5 Document Date: 2rh /,I/ Number of Pages.' nA/FPAF,F r Signer(s) Other Than Named Above: AlO V F' r Capacityf etf Claimed by Sign 5 Signer's Name: —JLP-1 kA D LZ� t Individual 0 Corporate Officer— Title(4: VICE PRESIDENT mpDnnumbnere rS L Partner Limited :. General r 0 Attorney in Fact t7 Trustee Ll Guardian or Conservator rS L Other: N, Signer Is Representing: ALL AMERICAN ASPHALT 01999 National Notary 4eaaii • 9360 Oe Solo Ave.. P.O. Box 2402 • Cbatawonh. CA 91313-2402 • w raucnalne ery.org Prod. No. 5907 neoNer. Call To6Ftee b696676-6627 Cf��OF INSURANCE DATE I DD:IY VI ­ M : P R 0 D C 9 P THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATIUN- Calco Ins Brokers & Agent ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Lic. No. OB29370 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE 600 City Pkwy West #500/600 COMPANY Orange CA 92868-2946 (714) 937-1824 A Royal Surplus Lines Ins. Co. INSURED COMPANY All American Asphalt B Hartford Fire Insurance Co. COMPANY PO Box 2229 Corona, CA 92878-2229 C Great American Insurance Cc COMPANY Eagle Pacific Insurance Co. ... . . . . ... .. . . .. . .. .. .. . . QYRN . .... I ..... . .. .. �0: Al, THIS IS TO CERTIFY THAT THEPOLIC(ES OF WSURANCELISTED BELO W HA VEBEENISSUED TO THE INSURED NAMED ABO VEFOR THE POLICYPERIOD INDICATED,NOTWITHSTANDING ANY REOUIREMENT,TERMOR CONDITION OF ANYCONTRACT OROTHER DOCUMENT WITHRESPECT TOWHICHTHIS 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 LTR TYPEOPINSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MMIDONY) POLICY EXPIRATION DATE (MMIDDIYY) LIMITS A GENERAL LIABILITY KZB517647 8/01101 8/01/02 GENERAL AGGREGATE S 2.000,000 X COMMERCIAL GENERAL LIABILITY ADDITIONAL INSURED PRODUCTS-COMP/OP AGG S 2,000,000 = CLAIMS MADE 7X OCCUR APPLIES PER C62070 PERSONAL ADV INJURY S 1,000,000 EACH OCCURRENCE $ 1,000,000 OWNER'S & CONTRACTOR'S PROT ATTACHED X FIRE DAMAGE (Any one fire) S 5D,000 $10,000 SIR MED EXP (Any one person) S B AUTOMOBLELIABILMY 72UENGK5491 8/01/01 8101102 COMBINED SINGLE LIMIT X ANY AUTO 1,000,000 BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS BODILY INJURY $ NON-OWNED AUTOS (Per ac dent) X $10,000 Dad PROPERTY DAMAGE GARAGELIABILITY AUTO ONLY , EA ACCIDENT S OTHER THAN AUTO ONLY: ANY AUTO N/A EACH ACCIDENT $ AGGREGATE $ —1 C EXCESS LIABILITY TUU3577202 8/01101 8101102 EACH OCCURRENCE $ 10,000,000 UMBRELLA FORM AGGREGATE $ 10,000,000 $ OTHER THAN UMBRELLA FORM D WORKERS COMPENSATION AND 450100304 ADR 6/08/01 6108102 X �STATUTORY LIMITS EMPLOYERS' LIABILITY WAIVER OF SUBROGATION EACH ACCIDENT S 1,000,000 THE PROPRIETOR/ NCL PARTNERSIEXECUTIVE APPLIES-TO BE ISSUED BY DISEASE - POLICY LIMIT $ 1,000,000 DISEASE -EACH EMPLOYEE $ 1,000,000 OFFICERS ARE: EXCL CARRIER OTHER DESCRIPTION OF OPERATIONS&OCATIONSIVEHICLESISPECIAL ITEMS Re: San Miguel Drive Pavement Rehabilitation •10 days notice for non - payment of premium 2axp w* jm CERTIFICATEH.EILEIE:R SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City of Newport Beach EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENd@lgQ=XXXMA1L Public Works Department 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMEDTo THE LEFT, 3300 Newport Blvd PO Box 1768 OFXXMXXXMXXWA)MXXM)WRMeAMXXXKXA)MXM)(g(RX)PARWANKRRKVAM= Newport Beach, CA 92658-8915 ALIT RIZED REPRESENTATIVE 1 1U_1_tX_L_44 053011 .......... I ........... .. .. ... . .. .......... ........... 191016 fl Ofl14�'fiG1H 111 CERTIFICATE' 11010011 (1176A POLICY NUMBER: KZB517647 COMMERCIAL GENERAL LIABILITY INSURED: All American Asphalt EFFECTIVE: 8/1/01 THIS ENDORSEMENT CHANGES THIS 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 Organization: The City of Newport Beach, its officers, officials, employees and volunteers 3300 Newport Blvd P.O. Box 1768 Newport Beach, Ca 92658 -8915 Project San Miguel Drive Pavement Rehabilitation (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 respect to liability arising out of "your work" for that insured by or for you. It is agreed that such insurance as afforded by this policy for the benefit of the additional insured shall be primary insurance as respects any claim, loss, liability arising directly or indirectly from the insureds operations and any other insurance maintained by the additional insured shall be noncontributory with the insurance provided hereunder. CG 20 10 11 85 ©Copyright, Insurance Services Office, Inc., 1984 endome2mpd 0 0 Policy Number: 72UENGkK5491 Insured: All American Asphalt Effective: 8/1/01 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED AND RIGHTS OF RECOVERY AGAINST OTHERS This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM A. Any person or organization whom you are required by contract to name as additional insured is an "insured" for LIABILITY COVERAGE but only to the extent that person or organization qualifies as an "insured" under the WHO IS AN INSURED provision of Section II - LIABILITY COVERAGE. B. For any person or organization for whom you are required by contract to provide a waiver of subrogation, the Loss Condition - TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US is applicable. The City of Newport Beach, its officers, officials, employees and volunteers 3300 Newport Blvd P.O. Box 1768 Newport Beach, Ca 92658 -8915 Project San Miguel Pavement Rehabilitation It is agreed that such insurance as afforded by this policy for the benefit of the additional insured shall be primary insurance as respects any claim, loss, liability arising directly or indirectly from the insureds operations and any other insurance maintained by the additional insured shall be noncontributory with the insurance provided hereunder. Form HA 99 13 01 87 Printed in U.S.A. SECTION 14. FEDEI*REQUIREMENTS FOR FEDERAL- AIDOSTRUCTION PROJECTS GENERAL. —The work herein proposed will be financed in (This form need not be filled in if all joint venture firms are whole or in part with Federal funds, and therefore all of the minority owned.) statutes, rules and regulations promulgated by the Federal Gov- ernment and applicable to work financed in whole or in part with Federal funds will apply to such work. The 'Required Contract 1. Name of joint venture Provisions, Federal -Aid Construction Contracts, 'Form FHWA 1273, are included in this Section 14. Whenever in said required contract provisions references are made to "SHA contracting officer ", "SHA resident engineer', or "authorized representative of 2. Address of joint venture 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- 3. Phone number of joint venture dition to the provisions in Section II, "Nondiscrimination," and Section VII, "Subletting or Assigning the Contract," of the re- quired contract provisions, the Contractor shall comply with the following: 4. Identify the firms which comprise the joint venture. (The The bidder shall execute the CERTIFICATION WITH RE- MBE partner must complete Schedule A.) 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 $10,000 will be considered under the provisions of Section VII of the a. Describe the role of the MBE firm in the joint venture, 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 .b. Describe very briefly the experience and business Aid Secondary projects. Title 23, United States Code, Section 112, requires as a condi- qualifications of each non -MBE joint venturer: 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 5. Nature of the joint venture's business 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 6. Provide a copy of the joint venture agreement. sworn statement as permitted by 28, USC, Sec. 1746, is included in the proposal. 7. What is the claimed percentage of MBE ownership? — PARTICIPATION BY MINORITY BUSINESS EN- TERPRISES IN SUBCONTRACTING. —Part 26, 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 FR -1 8. Ownership of joint venture: (This need not be filled in if described in the joint venture agreement, provided by question 6.). Revised }95 08-07 -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 (and their titles) who are responsible for day -to -day management and policy decision making, including, but not limited to, those with prime responsibility for: a. Financial decisions b. Management decisions, such as: 1. 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. lf, after filing this Schedule B and before the comple- tion of the joint ventures 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 pemut 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." Revised 3-95 0&07 -95 FR -2 • ........................................................... ............................... Name of Firm Name of Firm ....................................................................... ............................... Signamre Signature Name Name .................................................... ............................... Title Title Date Date State of _ County of .... ............................... Date On this _ day of 19 _, before me appeared (Name) to me personally known, who, being duly sworn, did execute the foregoing affi- davit, and did state that he or she was properly authorized by (Name of firm) to execute the affidavit and did so as his or her free act and deed. Notary Public Commission expires [Sea]] Date State of County of On this — day of , 19 _, before me appeared (Name) to me personally known, who, being duly sworn, did execute the foregoing affidavit, and did state that he or she was properly authorized by (Name of firm) to execute the affidavit and did so as his or her free act and deed. Notary Public Commission expires [Seal] REQUIRED CONTRACT PROVISIONS FEDERAL -AD) CONSTRUCTION CONTRACTS (Exclusive of Appalachian Contracts) Page I. General ....................................... ............................... 3 H. Nondiscrimination ............ ........................................ 3 III. Nonsegregated Facilities ............ ............................... 5 IV. Payment of Predetermined Minimum Wage .............. 6 V. Statements and Payrolls .............. ............................... 8 VI. Record of Materials, Supplies, and Labor ................. 9 VII. Subletting or Assigning the Contract ........................ 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 ..................... 1 I XII. Certification Regarding Use of Contract Funds for Lobbying.................................... ............................... 12 ATTACHMENTS A. Employment Preference for Appalachian Contracts (included in Appalachian contracts only) I. 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 mm 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 1, paragraph 2; Section IV, paragraphs 1, 2, 3, 4, and 7; Section V, paragraphs 1 and 2a through 2g. 5. Disputes arising out of the labor standards provisions of Section IV (except paragraph 5) and Section V of these Required Contract Provisions shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accor- 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. II. NONDISCRIMINATION (Applicable to all Federal -aid construction contracts and to all related subcontracts of $10,000 or more.) 1. Equal Employment Opportunity: Equal employment opportunity (EEO) requirements not to discriminate and to take affirmative action to assure equal opportunity as set forth under laws, executive orders, rules, regulations (28 CFR 35, 29 CFR 1630, and 41 CFR 60) and orders of the Secretary of Labor as modified by the provisions prescribed herein, and im- posed pursuant to 23 U.S.C. 140 shall constitute the EEO and specific affirmative action standards for the contractor's project activities under this contract. The Equal Opportunity Construction Contract Specifications set forth under 41 CFR 60-4.3 and the provisions of the American Disabilities Act of 1990 (42 U.S.C. 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 Company to assure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, sex color, national origin, age or disability. Such action shall include: employment, upgrading, demotion, or transfer; recruitment or recruitment ad- vertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprentice- ship, preapprenticeship, 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 Form 1273 — Revised 3 -95 08 -07 -95 FR -3 0 administering and promoting an active contractor 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 minimum: a. Periodic meetings of supervisory and personnel office employees will be conducted before the start of work and then not less often than once every six months, at which time the contractor's EEO policy and its implementation will be reviewed and explained. The meetings will be conducted by the EEO Officer. b. All new supervisory or personnel 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 Forth 1273 — Revised 3.95 Oa OZ95 FR -4 40 refer minority group 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. 0 7. Unions: If the contractor relies in whole or in part upon unions as a source of employees, the contractor will use his/her best efforts to obtain the cooperation of such unions to increase opportunities for minority groups and women within the unions, and to effect referrals by such unions of minority and female employees. Actions by the contractor either directly or through a contractor's association acting as agent will include the procedures set forth below: a. The contractor will use best efforts to develop, in coop- eration with the unions, joint training programs aimed toward qualifying more minority group members and women for membership in the unions and increasing the skills of minority group employees and women so that they may qualify for higher paying employment. b. The contractor will use best efforts to incorporate an EEO clause into each union agreement to the end that such union will be contractually bound to refer applicants without regard to their race, color, religion, sex, national origin, age or disability. c. The contractor is to obtain information as to the referral practices and policies of the labor union except that to the extent such information is within the exclusive possession of the labor union and such labor union refuses to furnish such information to the contractor, the contractor shall so certify to the SHA and shall set forth what efforts have been made to obtain such information. d. In the event the union is unable to provide the contractor with a reasonable flow of minority and women referrals within the time limit set forth in the collective bargaining agreement, the contractor will, through independent recruitment efforts, fill the employment vacancies without regard to race, color, religion, sex, national origin, age or disability; making full efforts to obtain qualified and/or qualifiable minority group persons and women. (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 26, 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 0 records as necessary to document compliance with the EEO requirements. Such records shall be retained for a period of three years following completion of the contract work and shall be available at reasonable times and places for inspection by au- thorized representatives of the SHA and the FHWA. a. The records kept by the contractor shall document the following: (1)The number of minority and non - minority group members and women employed in each work classification on the project; (2) The progress and efforts being made in cooperation with unions, when applicable, to increase employment op- 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. The contractors will submit an annual report to the SHA each July for the duration of the project, indicating the number of minority, women, and non - minority group employees currently engaged in each work classification required by the contract work. This information is to be reported on Form FHWA -1391. If on- the -job training is being required by special provision, the contractor will be required to collect and report training data. III NONSEGREGATED FACILITIES (Applicable to all Federal -aid construction contracts and to all related subcontracts of $10,000 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 disability. b. As used in this certification, the term "segregated facilities' means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating areas, time clocks, locker rooms, and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive, or 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). Foam 1273 — Revised 3 -95 08 -07 -95 0 c- The contractor agrees that it has 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 $2,000 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 1(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 perforated. c. All rulings and interpretations of the Davis -Bacon Act and related acts contained in 29 CFR 1, 3, and 5 are herein incorporated by reference in this contract. Fmm 1273 — Revised 3 -95 Oa -07 95 WIMI 0 2. Classification: a. The SHA contracting officer shall require that any class of laborers or mechanics employed under the contract, which is not listed in the wage determination, shall be classified in conformance with the wage deternmation. b. The contracting officer shall approve an additional classification, wage rate and fringe benefits only when the following criteria have been met: (1) the work to be performed by the additional classifi- cation requested is not performed by a classification in the wage determination; (2) the additional classification is utilized in the area by the construction industry; (3) the proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination; and (4) with respect to helpers, when such a classification prevails in the area in which the work is performed. c. If the contractor or subcontractors, as appropriate, the laborers and mechanics (if known) to be employed in the addi- tional classification or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the DOL, Administrator of the Wage and Hour Division, Employment Standards Administration, Washington, D.C. 20210. The Wage and Hour Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30 -day period that additional time is necessary. d. In the event the contractor or subcontractors, as appro- priate, the laborers or mechanics to be employed in the addi- tional classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Wage and Hour Administrator for determination. Said Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary e. 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 as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly case equivalent thereof. b. If the contractor or subcontractor, as appropriate, does not make payments to a trustee or other third person, he/she may consider as a part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, provided, that the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis -Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. 4. Apprentices and Trainees (Programs of the U.S. DOL) and Helpers: a. Apprentices: (1) Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the DOL, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State apprenticeship agency recognized by the Bureau, or if a person is employed in his/her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State apprenticeship agency (where appropriate) to be eligible for probationary employment as an 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 (4) In the event the Bureau of Apprenticeship and Training, or a State apprenticeship agency recognized by the Bureau, withdraws approval of an apprenticeship program, the contractor or subcontractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the comparable work performed by regular employees until an acceptable program is approved. b. Trainees: (1) Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the DOL, Employment and Training Administration. (2) The ratio of trainees to journeyman-level employees on the job site shall not be greater than permitted under the plan approved by the Employment and 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- ceive the same fringe benefits as apprentices. (4) In the event the Employment and Training Adminis- tration withdraws approval of a training program, the con- tractor or subcontractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. c. Helpers: Helpers will be permitted to work on a project if the helper classification is specified and defined on the applicable wage determination or is approved pursuant to the conformance procedure set forth in Section IV.2. Any worker listed on a payroll at a helper wage rate, who is not a helper under an approved definition, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. Fmm 1273 — Revised 3.95 0807 -95 0 5. Apprentices and Trainees (Programs of the U.S. DOT): Apprentices and trainees working under apprenticeship and skill training programs which have been certified by the Secretary of Transportation as promoting EEO in connection with Federal -aid highway construction programs are not subject to the requirements of paragraph 4 of this Section IV. The straight time hourly wage rates for apprentices and trainees under such programs will be established by the particular programs. The ratio of apprentices and trainees to journeymen shall not be greater than permitted by the terms of the particular program. 6. Withholding: The SHA shall upon its own action or upon written request of an authorized representative of the DOL withhold, or cause to be withheld, from the contractor or subcontractor under this contract or any other Federal contract with the same prime contractor, or any other Federally- assisted contract subject to Davis -Bacon prevailing wage requirements which is held by the same prime contractor, as much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work, all or part of the wages required by the contract, the SHA contracting officer may, after written notice to the contractor, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. 7. Overtime Requirements: 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 $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. Form 1273 — Revised 3 -95 08 -07 -95 FR -8 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 $2,000 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. 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 l(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 1. Whenever the Secretary of Labor, pursuant to Sec- tion IV, paragraph 3b, 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. 0 c. Each contractor and subcontractor shall furnish, each week in which any contract work is performed, to the SHA resident engineer a payroll of wages paid each of its employees (including apprentices, trainees, and helpers, described in Section IV, paragraphs 4 and 5, and watchmen and guards en- gaged on work during the preceding weekly payroll period). The payroll submitted shall set out accurately and completely all of the information required to be maintained under paragraph 2b of this Section V. This information may be submitted in any form desired. Optional Form WH -347 is available for this purpose and may be purchased from the Superintendent of Documents (Federal stock number 029 - 005- 0014 -1), U.S. Government Printing Office, Washington, D.C. 20402. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. d. Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or sub- contractor or his/her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (1) that the payroll for the payroll period contains the information required to be maintained under paragraph 2b of this Section V and that such information is correct and complete; (2) that such laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in the Regulations, 29 CFR 3; (3) that each laborer or mechanic has been paid not less that the applicable wage rate and fringe benefits or cash equivalent for the classification of worked performed, as specified in the applicable wage determination incorporated into the contract. e. The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH -347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph 2d of this Section V. f. The falsification of any of the above certifications may subject the contractor to civil or criminal prosecution under 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- spection, copying, or transcription by authorized representatives of the SHA, the FHWA, or the DOL, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the re- quired records or to make them available, the SHA, the FHWA, the DOL, or all may, after written notice to the contractor, sponsor, applicant, or owner, take such actions as may be nec- essary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available 0 may be grounds for debarment action pursuant to 29 CFR 5.12. VI. RECORD OF MATERIALS, SUPPLIES, AND LABOR 1. On all Federal -aid contracts on the National Highway System, except those which provide solely for the installation of protective devices at railroad grade crossings, those which are constructed on a force account or direct labor basis, highway beautification contracts, and contracts for which the total final construction cost for roadway and bridge is less than $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 are to be limited to minor components of the overall contract. Form 1273 — Revised 3 -95 0&07 -95 0 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 constmction 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. VHL SAFETY: ACCIDENT PREVENTION 1. 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 Safety Standards Act (40 U.S.C. 333). IX. FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS In order to assure high quality and durable construction in conformity with approved plans and specifications and a high degree of reliability on statements and representations made by engineers, contractors, suppliers, and workers on Federal -aid highway projects, it is essential that all persons concerned with the project perform their functions as carefully, thoroughly, and honestly as possible. Willful falsification, distortion, or mis- representation with respect to any facts related to the project is a violation of Federal law. To prevent any misunderstanding re- Form 1273 — Reviud 3 -95 08-07 -95 0 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 HIGHWAY PROJECTS 18 U.S.C. 1020 reads as follows: "Whoever being an officer, agent, or employee of the United States, or any State or Territory, or whoever, whether a person, association, firm, or corporation, knowingly makes any false statement, false representation, or false report as to the character, quality, quantity, or cost of the material used or to be used, 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 submitted for approval to the Secretary of Transportation; or Whoever knowingly makes any false statement, false repre- sentation, false report or false claim with respect to the character, quality, quantity, or cost of any work per or to be per- formed, or materials furnished or to be furnished, in connection with the construction of any highway or related project approved by the Secretary of Transportation; or Whoever knowingly makes any false statement or false repre- sentation as to material fact in any statement, certificate, or report submitted pursuant to provisions of the Federal -aid Roads Act approved July 1, 1916, (39 Star. 355), as amended and sup- plemented; Shall be fined not more that $10,000 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: 1. 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 1 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 famish a certification or an explanation shall disqualify such a person from participation in this transaction. c. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause of default. d. The prospective primary participant shall provide im- mediate written notice to the department or agency to whom this proposal is submitted if any time the prospective primary participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. e. 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. I. The prospective primary participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. FR -11 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 Nonprocumment 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 pmdent person in the ordinary course of business dealings. j. Except for transactions authorized under paragraph f of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the de- partment or agency may terminate this transaction for cause or default. xssss Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion —Primary Covered Transactions 1. 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 perforating 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 conunission of any of the offenses enumerated in paragraph I of this certification; and Fmm 1273 — Revised 3 -95 08 -07 -95 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. s * :.+ 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 certification set out below. b. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment c. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant leams 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. I. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. g. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the el- igibility of its principals. Each participant may, but is not Fom 1273— Revised 3 -95 08-07 -95 Ll 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 a of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the de- partment or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. rrrss Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transactions 1. 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. rsrss XII. 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) 1. The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: a. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to 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 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 be subject to a civil penalty of not less than $10,000 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 II, "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 (applies nationwide (percent) 6.9 CA Placer, CA Sacramento; The following are goals for minority utilization: CALIFORNIA ECONOMIC AREA 174 Redding, CA: Non -SMSA Counties ............. CA Lassen; CA Madre; CA Plumas; CA Shasta; CA Siskiyou; CA Tehama. 175 Eureka, CA: Non -SMSA Counties .................. CA Del Norte; CA Humboldt; CA Trinity. 176 San Francisco- Oakland -San Jose, CA: SMSA Counties: 7120 Salinas-Seaside- Monterey, CA ............. ............................... CA Monterey. 7360 San Francisco - Oakland, CA ................. CA Alameda; CA Contra Costa; CA Marin; CA San Francisco; CA San Mateo. 7400 San Jose. CA ......... ............................... CA Santa Clara 7485 Santa Cruz, CA ...... ............................... CA Santa Cruz. 7500 Santa Rosa, CA ..... ............................... CA Sonoma. 8720 Vallejo- Fairflield- Napa, CA ................. CA Napa; CA Solana Non -SMSA Counties ................. CA Lake; CA Mendocino; CA San Benito. Goal (Percent) Non -SMSA Counties ......... ............................... 14.3 CA Butte; CA Colusa; CA El Dorado; CA Glenn; CA Nevada; CA Sierra; CA Sutter, CA Yuba. 178 Stockton- Modesto, CA: FR -13 Form 1273 — Revised 3 -95 08 -07 -95 SMSA Counties: 6.8 5170 Modesto, CA ........ ............................... 12 -3 CA Stanislaus. 8120 Stockton, CA ....... ............................... 24.3 CA San Joaquin. Non -SMSA Counties ......... ............................... 19.8 CA Alpine; CA Amador, CA Calaveras; CA Mariposa; 6.6 CA Merced; CA Tuolumne. 179 Fresno-Bakersfield, CA: SMSA Counties: 0680 Bakersfield, CA ... ............................... 19.1 CA Kern. 28.9 2840 Fresno, CA ........... ............................... 26.1 CA Fresno. 25.6 Non -SMSA Counties ......... ............................... 23.6 CA Kings; CA Madera; CA Tulare. 19.6 180 Los Angeles, CA: SMSA Counties: 14.9 0360 Anaheim -Santa Ana - Garden Grove. CA .................. ............................... 11.9 9.1 CA Orange. 4480 Los Angeles -Long 17.1 Beach, CA .................. ............................... 28.3 CA Los Angeles. 6000 Oxnard -Simi Valley - 23.2 Ventura, CA ............... ............................... 21.5 CA Ventura. FR -13 Form 1273 — Revised 3 -95 08 -07 -95 • w F m 1273 — Revised 3 -95 08 -07 -95 FR -14 181 San Diego, CA: 6780 Riverside -San Bernardino- Ontario, CA ................ ............................... 19.0 SMSA Counties CA Riverside; 7320 San Diego, CA ..... ............................... 16.9 CA San Bernardino. CA San Diego. 7480 Santa Barbara -Santa Maria- Non -SMSA Counties ......... ............................... 18.2 Lompoc, CA ............... ............................... 19.7 CA Imperial. CA Santa Barbara. Non -SMSA Counties ......... ............................... 24.6 In addition to the reporting requirements set forth elsewhere in CA Inyo; CA Mono; this contract the Contractor and subcontractors holding CA San Luis Obispo. subcontracts, not including material suppliers, of $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. F m 1273 — Revised 3 -95 08 -07 -95 FR -14 10 0 (To be used, when applicable, in Federal -aid projects) •Insert number of trainees. FEDERAL REQUIREMENT TRAINING SPECIAL PROVISIONS FEDERAL REQUIREMENT TRAINING SPECIAL PROVISION. -- As part of the Contractor's equal employment opportunity affirmative action program, training shall be provided as follows'. The Contractor shall provide on-the-job training to develop full journeymen in the types of trades or job classification involved. The goal for the number of trainees or apprentices to be trained under the requirements of this special provision will be In the event the Contractor subcontracts a portion of the contract work, he shall determine how many, if any, of the trainees or apprentices are to be trained by the subcontractor, provided however, that the Contractor shall retain the primary responsibility for meeting the training requirements imposed by this special provision. The Contractor shall also insure that this Training Special Provision is made applicable to such subcontract. Where feasible, 25 percent of trainees or apprentices in each occupation shall be in their first year of apprenticeship or training. The number of trainees or apprentices shall be distributed among the work classifications on the basis of the Contractor's needs and the availability of journeymen in the various classifications within a reasonable area of recruitment. Prior to commencing work, the Contractor shall submit to the Department for approval the number of trainees or apprentices to be trained in each selected classification and training program to be used. Furthermore, the Contractor shall specify the starting time for training in each of the classifications. The Contractor will be credited for each trainee or apprentice employed by him on the contract work who is currently enrolled or becomes enrolled in an approved program and will be reimbursed for such trainees or apprentices as provided hereinafter. Training and upgrading of minorities and women toward journeymen status is a primary objective of this Training Special Provision. Accordingly, the Contractor shall make every effort to enroll minority and women trainees or apprentices (e.g., by conducting systematic and direct recruitment through public and private sources likely to yield minority and women trainees or apprentices) to the extent such persons are available within a reasonable area of recruitment. The Contractor will be responsible for demonstrating the steps that he has taken in pursuance thereof, prior to a determination as to whether the Contractor is in compliance with this Training Special Provision. This training commitment is not intended, and shall not be used, to discriminate against any applicant for training, whether a member of a minority group or not. FR -15 No employee shall be employed as a trainee or apprentice in any classification in which he has successfully completed a training course leading to journeyman status or in which he has been employed as a journeyman. The Contractor should satisfy this requirement by including appropriate questions in the employee application or by other suitable means. Regardless of the method used the Contractor's records should document the findings in each case. The minimum length and type of training for each classification will be as established in the training program selected by the Contractor and approved by both the Department and the Federal Highway Administration. The Department and the Federal Highway Administration will approve a program if it is reasonably calculated to meet the equal employment opportunity obligations of the Contractor and to qualify the average trainee or apprentice for journeyman status in the classification concerned by the end of the training period. Furthermore, apprenticeship programs registered with the U.S. Department of labor, Bureau of Apprenticeship and Training, or with the State of California, Department of Industrial Relations, Division of Apprenticeship Standards recognized by the Bureau and training programs approved but not necessarily sponsored by the U.S. Department of tabor, Manpower Administration, Bureau of Apprenticeship and Training shall also be considered acceptable provided it is being administered in a manner consistent with the equal employment obligations of Federal -aid highway construction contracts. Approval or acceptance of a training program shall be obtained from the State prior to commencing work on the classification covered by the program. It is the intention of these provisions that training is to be provided in the construction crafts rather than clerk - typists or secretarial -type positions. Training is permissible in lower level management positions such as office engineers, estimators, timekeepers, etc., where the training is oriented toward construction applications. Training in the laborer classification may be permitted provided that significant and meaningful training is provided and approved by the division office. Some offsite training is permissible as long as the training is an integral part of an approved training program and does not comprise a significant part of the overall training. Except as otherwise noted below, the Contractor will be reimbursed 80 cents per hour of training given an employee on this contract in accordance with an approved training program. As approved by the Engineer, reimbursement will be made for training of persons in excess of the number specified herein. This reimbursement will be made even though the Contractor receives additional training program funds from other sources, provided such other source does not specifically prohibit the Contractor from receiving other reimbursement. Reimbursement for offsite training indicated above may only be made to the Contractor where he does one or more of the following and the trainees or apprentices are concurrently employed on a Federal -aid project; contributes to the cost of the training, provides the instruction to the trainee or apprentice or pays the trainee's or apprentice's wages during the offsite training period. No payment shall be made to the Contractor if either the failure to provide the required training, or the failure to hire the trainee or apprentice as a journeyman, is caused by the Contractor and evidences a lack of good faith on the part of the Contractor in meeting the requirements of this Training Special Provision. It is normally expected that a trainee or apprentice will begin his training on the project as soon as feasible after start of work utilizing the skill involved and remain on the project as long as training opportunities exist in his work classification or until he has completed his training program. It is not required that all trainees or apprentices be on board for the FR -16 0 entire length of the contract. A Contractor will have fulfilled his responsibilities under this Training Special Provision if he has provided acceptable training to the number of trainees or apprentices specified. The number trained shall be determined on the basis of the total number enrolled on the contract for a significant period. Only trainees or apprentices registered in a program approved by the State of California's State Administrator of Apprenticeship may be employed on thhe project and said trainees or apprentices shall be paid the standard wage specified under the regulations of the craft or trade at which they are employed. The Contractor shall furnish the trainee or apprentice a copy of the program he will follow in providing the training. The Contractor shall provide each trainee or apprentice with a certification showing the type and length of training satisfactorily completed.The Contractor will provide for the maintenance of The Contractor will provide for the maintenance of records and furnish periodic reports documenting his performance under this Training Special Provision. CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL SAN MIGUEL DRIVE PAVEMENT REHABILITATION CONTRACT NO. 3374 To the Honorable City Council City of Newport Beach 3300 Newport Boulevard, P. O. Box 1768 Newport Beach, California 92663 -8915 Gentlemen: The undersigned declares that he has carefully examined the location of the work, has read the Instructions to the 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. 3374 in accord with the Plans and Special Provisions, and will take in full payment therefore the following unit and lump sum 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 Lump Sum Mobilization @ Dollars and Cents Per Lump Sum 2. Lump Sum Traffic Control @ Dollars and Cents Per Lump Sum 3. 835 C.Y. Remove Failed Asphalt Pavement @ Dollars and Cents Per Cubic Yard PR 1of5 $iT 0 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 4. 1,243 C.Y. Remove Aggregate Base l.1 7 [Q 91 @ Dollars and Per Cubic Yard 3,051 Tons Construct New Full Depth Structural Section $ ro -3� $ 5�3'Ssr) " @ Dollars and Cents $ q4- ' $ 1 ? zZ •`n Per Ton 51,060 S.Y. Cold Mill A/C @ Dollars and Cents $ 1Mot $ Per Square Yard 8,197 S.F. Remove and Construct P.C.C. Sidewalk @ Dollars and Cents $ �' $ 32 rNG Per Square Foot 158 L.F. Remove and Construct Type "A" PCC Curb, 8" CF @ Dollars and Cents $ �°is�(' 7-0 Per Lineal Foot 867 S.F. Remove and Construct Type "C" P.C.C. Curb @ Dollars and Cents Per Lineal Foot PR 2of5 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 10. 3,852 S.F. Remove and Construct P.C.C. Access Ramps @ Dollars and Cents Per Square Foot 11. 20 Ea. Root Prune Tree @ Dollars and Cents Per Each 12. 870 L.F. Install Root Barrier @ Dollars and Cents Per Lineal Foot 13. 870 S.F. Remove and Construct P.C.C. Mow Strip @ Dollars and Cents Per Square Foot 14. 2 Ea. Remove and Construct P.C.C. Median Noses @ Dollars and Cents Per Each 15. 176 S.F. Remove Colored Stamped Concrete @ Dollars and Cents Per Square Foot PR 3of5 $ 1I3° $ 14 ;mI `� $ &r X12 co $ 9,q° $ `l-74 L 4a' 0 0 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 16. 17,020 S.Y. Crack Seal Cold Milled A.C. Pavement @ Dollars and Cents Per Square Yard 17. 270 L.F. Gap Seal P.C.C. Curb and Sidewalk @ Dollars and Cents Per Lineal Foot 18. 31 Ea. Adjust Manholes to Grade G and Per Each 19. 36 Ea. Adjust Valve & Other Covers to Grade @ Dollars and Cents Per Each 20. 46 Ea. Install Traffic Signal Loops @ Dollars and Cents Per Each 21. 1 L.S. Install Traffic Striping and Pavement Markings @ Dollars and Cents Per Lump Sum PR 4of5 $ 120 $ `I(Lf25.20 $ S•j° $ P13`11 $ 175 f" $ 6r600, ©o ✓9+ ' Win, . • :�,� ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 22. 2 Ea. Survey and Replace Monuments Q FIVa %3C�� Dollars and op CL� Cents $ $ Per Each � 23. 5,608 Tons Construct 0.15' Thick ARHM Overlay Gap Graded Q El Dollars and )� Cents $ ��C° $ 2°II��i(a °o Per Ton TOTAL PRICE IN WRITTEN �IV•oORDN� Dollars andgc-11T'G�D'' Cents 7/6 to Dat &9 m -7600 b9) %3� -7GYro Bidder's Telephone and rax Numbers f "70`73 , A C-la- Bidder's Lice e No(s). and Classification(s) Total Price (Figures) ALL AMERICAN ASPHALT Bidder Bidder's PR 5 of 5 Signature VICE PRESIDEN I PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS SAN MIGUEL DRIVE PAVEMENT REHABILITATION CONTRACT NO. 3374 INTRODUCTION PART 1— GENERAL PROVISIONS SECTION 2 SCOPE AND CONTROL OF THE WORK 1 2 -6 WORK TO BE DONE 1 2 -9 SURVEYING 1 2 -9.3 Surveying Services 1 2 -12 FEDERAL REQUIREMENTS 1 2 -12.1 Federal Lobbying Restrictions 1 2 -12.2 Disadvantaged Business Enterprise (DBE) 2 2 -12.3 DBE Goal For This Project 4 2 -12.4 Submission of DBE Information 4 2 -12.5 Award and Execution of Contract 5 2 -12.6 Labor Nondiscrimination 5 2 -12.7 Prevailing Wage 5 2 -12.8 Subcontractor and DBE Records 6 2 -12.9 DBE Certification Status 6 2 -12.10 Performance of DBE Subcontractors and Suppliers 6 2 -12.11 Subcontracting 7 SECTION 3 CHANGES IN WORK 8 3 -3 EXTRA WORK 8 3 -3.2 Payment 8 3 -3.2.3 Markup 8 SECTION 4 CONTROL OF MATERIALS 8 4-1 MATERIALS AND WORKMANSHIP 8 4 -1.3 Inspection Requirements 8 4 -1.3.4 Inspection and Testing 8 SECTION 5 UTILITIES 9 5 -7 ADJUSTMENTS TO GRADE 9 5 -8 SALVAGED MATERIALS 9 69" PART 2— CONSTRUCTION MATERIALS SECTION 201 CONCRETE, MORTAR AND RELATED MATERIALS 17 201 -1 PORTLAND CEMENT CONCRETE 17 201 -1.1.2 Concrete Specified by Class 17 SECTION 214 PAVEMENT MARKERS 17 214-4 NON - REFLECTIVE PAVEMENT MARKERS 17 214 -5 REFLECTIVE PAVEMENT MARKERS 17 SP - ii SECTION 6 PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 9 6 -1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF THE WORK 9 6 -7 TIME OF COMPLETION 9 6 -7.1 General 9 6 -7.2 Working Days 10 6 -7.4 Working Hours 10 6 -9 LIQUIDATED DAMAGES 10 SECTION 7 RESPONSIBILITIES OF THE CONTRACTOR 10 7 -7 COOPERATION AND COLLATERAL WORK 10 7-8 PROJECT SITE MAINTENANCE 11 7-8.5 Temporary Light, Power and Water 11 7 -8.6 Water Pollution Control 11 7 -8.8 Steel Plates 11 7 -10 PUBLIC CONVENIENCE AND SAFETY 11 7 -10.1 Traffic and Access 11 7 -10.2 Storage of Equipment and Materials in Public Streets 11 7 -10.3 Street Closures, Detours and Barricades 11 7 -10.4 Public Safety 12 7- 10.4.1 Safety Orders 12 7 -10.5 "No Parking" Signs 12 7 -10.7 Notice to Residents 12 7 -15 CONTRACTOR'S LICENSES 12 7 -16 CONTRACTOR'S RECORDS /AS BUILT DRAWINGS 12 SECTION 9 MEASUREMENT AND PAYMENT 13 9-3 PAYMENT 13 9 -3.1 General 13 9 -3.2 Partial and Final Payment 16 PART 2— CONSTRUCTION MATERIALS SECTION 201 CONCRETE, MORTAR AND RELATED MATERIALS 17 201 -1 PORTLAND CEMENT CONCRETE 17 201 -1.1.2 Concrete Specified by Class 17 SECTION 214 PAVEMENT MARKERS 17 214-4 NON - REFLECTIVE PAVEMENT MARKERS 17 214 -5 REFLECTIVE PAVEMENT MARKERS 17 SP - ii PART 3— CONSTRUCTION METHODS SECTION 300 EARTHWORK 17 300 -1 CLEARING AND GRUBBING 17 300 -1.3 Removal and Disposal of Materials 17 300 -1.3.1 General 17 300 -1.3.2 Requirements 17 300 -1.5 Solid Waste Diversion 17 SECTION 302 ROADWAY SURFACING 18 302 -5 ASPHALT CONCRETE PAVEMENT 18 302 -5.1 General 18 302 -5.4 Tack Coat 18 302 -6 PORTLAND CEMENT CONCRETE PAVEMENT 18 302 -6.6 Curing 18 SECTION 303 CONCRETE AND MASONRY CONSTRUCTION 18 303 -5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 18 303 -5.1 Requirements 18 303 -5.1.1 General 18 303 -5.5 Finishing 19 303 -5.5.2 Curb 19 303 -5.5.4 Gutter 19 SECTION 307 STREET LIGHTING AND TRAFFIC SIGNALS 19 307-4 TRAFFIC SIGNAL CONSTRUCTION 19 307 -4.9.3 Inductive Loops 19 SECTION 308 LANDSCAPE AND IRRIGATION INSTALLATTION 19 308-1 GENERAL 19 308-2 EARTHWORK AND TOPSOIL PLACEMENT 20 308 -2.3 Topsoil Preparation and Conditioning 20 308 -2.3.1 General 20 SECTION 310 PAINTING 20 310-5 PAINTING VARIOUS SURFACES 20 310 -5.6 Painting Traffic Striping, Pavement Markings, and Curb Markings 20 310 -5.6.7 Layout, Alignment and Spotting 20 310 -5.6.8 Application of Paint 21 310 - 5.6.8.1 Application of Thermoplastic 21 SP - iii 0 • SECTION 312 PAVEMENT MARKER PLACEMENT AND REMOVAL 21 312 -1 PLACEMENT 21 PART 4 SECTION 400 ALTERNATE ROCK PRODUCTS, ASPHALT CONCRETE, PORTLAND CEMENT CONCRETE AND UNTREATED BASE MATERIAL 21 400-2 UNTREATED BASE MATERIALS 21 400 -2.1 General 21 400 -2.1.1 Requirements 21 PART 6 SECTION 600 MODIFIED ASPHALTS, PAVEMENTS, AND PROCESSES 22 600 -2 CRUMB RUBBER MODIFIED (CRM) BINDERS AND PAVEMENTS - WET PROCESS 22 600 -2.1 Asphalt- Rubber 22 600 -2.1.1 General 22 600 -2.6 Asphalt- Rubber Hot Mix Gap- Graded 22 600 -2.6.1 General 22 600 -2.6.2 Distribution and Spreading 22 600 -2.6.3 Rolling 22 SP - iv 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS 0 SAN MIGUEL DRIVE PAVEMENT REHABILITATION CONTRACT NO. 3374 INTRODUCTION %.45 776 Exo. vs CivIL ©rr��irEi` ; All work necessary for the completion of this contract shall be done in accord with (1) these Special Provisions; (2) the Plans (Drawing No. R- 5764 -S & T- 5848 -S); (3) the City's Standard Special Provisions and Standard Drawings for Public Works Construction. (1994 edition), including Supplements; (4) Standard Specifications for Public Works Construction (1997 edition), including supplements. Copies of the Standard Special Provisions and Standard Drawings may be purchased at the Public Works Department. Copies of the Standard Specifications may be purchased from Building News, Inc., 3055 Overland Avenue, Los Angeles, California, 90034, telephone (310) 202 -7775. The following Special Provisions supplement or modify the Standard Specifications for Public Works Construction as referenced and stated hereinafter: PART 1 GENERAL PROVISIONS SECTION 2 —SCOPE AND CONTROL OF THE WORK WORK TO BE DONE Add to this section, "The work necessary for the completion of this contract consists of removing existing damaged/shifted sidewalk, median curb, median mow strip, median nose, curb access ramps, curb and gutter, structural sections, cold- milling existing roadway, pruning conflicting tree roots, and crack sealing structural section cracks; constructing P.C.C. sidewalk, median curb, median mow strip, median nose, curb access ramps, curb and gutter, asphalt overlays, placing asphalt pavement crack repair membrane, adjusting utility frames and covers to finished grade; and constructing other incidental items of work. 2 -9 SURVEYING 2 -9.3 Survey Service Add to this section, "The Engineer will provide construction staking as required to construct the improvements. Any additional stakes or any restaking or costs thereof shall be the responsibility of the Contractor. The Contractor shall notify the City in writing two working days in advance of the time that the stakes are needed." 2 -12 FEDERAL REQUIREMENTS 2 -12.1– FEDERAL LOBBYING RESTRICTIONS.– Section 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 SP 1 OF 23 • • 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. 2 -12.2 DISADVANTAGED BUSINESS ENTERPRISE (DBE).- This project is subject to Part 26, Title 49, Code of Federal Regulations entitled "Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance 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 Enterprise (DBE) program developed pursuant to the Regulations; particular attention is directed to the following matters: A. A DBE must be a small business concern as defined pursuant to Section 3 of U.S. Small Business Act and relevant regulations promulgated pursuant thereto; B. A DBE may participate as a prime contractor, subcontractor, joint venture partner with a prime or subcontractor, vendor of material or supplies, or as a trucking company; C. A DBE bidder, not bidding as a joint venture with a non -DBE, will be required to document one or a combination of the following: I. The bidder will meet the goal by performing work with its own forces. 2. The bidder will meet the goal through work performed by DBE subcontractors, suppliers or trucking companies. 3. The bidder, prior to bidding, made adequate good faith efforts to meet the goal. D. A DBE joint venture partner must be responsible for specific contract items of work, or portions thereof. Responsibility means actually performing, managing and supervising the work with its own forces. The DBE joint venture partner must share in the capital contribution, control, management, risks and profits of the joint venture. The DBE joint venturer must submit the joint venture agreement with the proposal or the DBE Information form required in the Section entitled "Submission of DBE Information" of these special provisions; E. A DBE must perform a commercially useful function, i.e., must be responsible for the execution of a distinct element of the work and must carry out its responsibility by actually performing, managing and supervising the work; F DBEs must be cenifted by either the California Department of Transportation, or by a participating agency which certifies in conformance with Tide 49, Code of Federal Regulations, Part 26, as of the date of bid opening. It is SP2OF23 0 0 the Contractor's responsibility to verify that DBEs are certified. Listings of certified DBEs are available from the following sources: I . The Department's DBE Directory, which is published quarterly. This 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; 2. The Department's Electronic Information Bulletin Board Service, which is accessible by modem and is updated weekly. The Bulletin Board may be accessed by first contacting the Department's Business Enterprise Program at Telephone: (916) 227 -8937 and obtaining a user identification and password; 3. The Department's web site at http: / /www.dot.ca.gov/hgfbep /index.htm; G. Credit for materials or supplies purchased from DBEs will be as follows: 1. If the materials or supplies are obtained from a DBE manufacturer, 100 percent of the cost of the materials or supplies will count toward the DBE goal. A DBE manufacturer is a firm that operates or maintains a factory or establishment that produces, on the premises, the materials, supplies, articles, or equipment required under the contract and of the general character described by the specifications. 2. If the materials or supplies are purchased from a DBE regular dealer, 60 percent of the cost of the materials or supplies will count toward the DBE goal. A DBE regular dealer is a firm that owns; operates, or maintains a store, warehouse, or other establishment in which the materials, supplies, articles or equipment of the general character described by the specifications and required under the contract are bought, kept in stock, and regularly sold or leased to the public in the usual course of business. To be a DBE regular dealer, the firm must be an established, regular business that engages, as its principal business and under its own name, in the purchase and sale or lease of the products in question. A person may be a DBE regular dealer in such bulk items as petroleum products, steel, cement, gravel, stone, or asphalt without owning, operating, or maintaining a place of business as provided in this paragraph G.2. if the person both owns and operates distribution equipment for the products. Any supplementing of regular dealers' own distribution equipment shall be by a long-term lease agreement and not on an ad hoc or contract -by- contract basis. Packagers, brokers, manufacturers' representatives, or other persons who arrange or expedite transactions are not DBE regular dealers within the meaning of this paragraph G.2. 3. Credit for materials or supplies purchased from a DBE which is neither a manufacturer nor a regular dealer will be limited to the entire amount of fees or commissions charged for assistance in the procurement of the materials and supplies, or fees or transportation charges for the delivery of materials or supplies required on a job site, provided the fees are reasonable and not excessive as compared with fees charged for similar services. H. Credit for DBE trucking companies will be as follows: 1. The DBE must be responsible for the management and supervision of the entire trucking operation for which it is responsible on a particular contract, and there cannot be a contrived arrangement for the purpose of meeting the DBE goal; 2. The DBE must itself own and operate at least one fully licensed, insured, and operational truck used on the contract; 3. The DBE receives credit for the total value of the transportation services it provides on the contract using trucks its owns, insures, and operates using drivers it employs; 4. The DBE may lease trucks from another DBE firm, including an owner- operator who is certified as a DBE. The DBE who leases trucks from another DBE receives credit for the total value of the transportation services the lessee DBE provides on the contract; 5. The DBE may also lease trucks from a non -DBE firm, including an owner - operator. The DBE who leases trucks from a non -DBE is entitled to credit only for the fee or commission it receives as a result of the lease arrangement. The DBE does not receive credit for the total value of the transportation services provided by the lessee, since these services are not provided by a DBE; 6. For the purposes of this paragraph H, a lease must indicate that the DBE has exclusive use of and control over the truck. This does not preclude the leased truck from working for others during the term of the lease with the consent of the DBE, so long as the lease gives the DBE absolute priority for use of the leased truck. Leased trucks must display the name and identification number of the DBE. I. Noncompliance by the Contractor with the requirements of the regulations constitutes a breach of this contract and may result in termination of the contract or other appropriate remedy for a breach of this contract; J. Bidders are encouraged to use services offered by financial institutions owned and controlled by DBEs. SP3OF23 • w 2 -12.3 DBE GOAL FOR THIS PROJECT The City has established the following goal for Disadvantaged Business Enterprise (DBE) participation for this project: Disadvantaged Business Enterprise (DBE): 11.5% percent Caltrans has engaged the services of a contractor to provide supportive services to contractors and subcontractors to assist in obtaining DBE participation on federally funded construction projects. Bidders and potential subcontractors should check the Caltrans website at http: / /www.dot.ca.gov /hQ/bep to verify the current availability of this service. 2 -12.4 SUBMISSION OF DBE INFORMATION The required DBE information shall be submitted on the "LOCAL AGENCY BIDDER - DBE INFORMATION" form included in the Proposal. If the DBE information is not submitted with the bid, the DBE Information form shall be removed from the documents prior to submitting the bid. It is the bidder's responsibility to make enough work available to DBEs and to select those portions of the work or material needs consistent with the available DBEs to meet the goal for DBE participation or to provide information to establish that, prior to bidding, the bidder made adequate good faith efforts to do so. If DBE information is not submitted with the bid, the apparent successful bidder (low bidder), the second low bidder and the third low bidder shall submit DBE information to the City of Newport Beach address so the information is received by the City Newport Beach no later than 4:00 p.m. on the fourth day, not including Saturdays, Sundays and legal holidays, following bid opening. DBE information sent by U.S. Postal Service certified mail with return receipt and certificate of mailing and mailed on or before the third day, not including Saturdays, Sundays and legal holidays, following bid opening will be accepted even if it is received after the fourth day following bid opening. Failure to submit the required DBE information by the time specified will be grounds for finding the bid or proposal nonresponsive. Other bidders need not submit DBE information unless requested to do so by the City of Newport Beach The bidder's DBE information shall establish that good faith efforts to meet the DBE goal have been made. To establish good faith efforts, the bidder shall demonstrate that the goal will be met or that, prior to bidding, adequate good faith efforts to meet the goal were made. Bidders are cautioned that even though their submittal indicates they will meet the stated DBE goal, their submittal should also include their adequate good faith efforts information along with their DBE goal information to protect their eligibility for award of the contract in the event the City of Newport Beach, in its review, finds that the goal has not been met. The bidder's DBE information shall include the names, addresses and phone numbers of DBE firms that will participate, with a complete description of work or supplies to be provided by each, the dollar value of each DBE transaction, and a written confirmation from the DBE that it is participating in the contract. A copy of the DBE's quote will serve as written confirmation that the DBE is participating in the contract. When 100 percent of a contract item of work is not to be performed or furnished by a DBE, a description of the exact portion of that work to be performed or furnished by that DBE shall be included in the DBE information, including the planned location of that work. The work that a DBE prime contractor has committed to performing with its own forces as well as the work that it has committed to be performed by DBE subcontractors, suppliers and trucking companies will count toward the goal. The information necessary to establish the bidder's adequate good faith efforts to meet the DBE goal should include: SP 4 OF 23 0 A. The names and dates of each publication in which a request for DBE participation for this project was placed by the bidder. B. The names and dates of written notices sent to certified DBEs soliciting bids for this project and the dates and methods used for following up initial solicitations to determine with certainty whether the DBEs were interested. C. The items of work which the bidder made available to DBE firms, including, where appropriate, any breaking down of the contract work items (including those items normally performed by the bidder with its own forces) into economically feasible units to facilitate DBE participation. It is the bidder's responsibility to demonstrate that sufficient work to meet the DBE goal was made available to DBE firms. D. The names, addresses and phone numbers of rejected DBE firms, the firms selected for that work, and the reasons for the bidder's choice. E. Efforts made to assist interested DBEs in obtaining bonding, lines of credit or insurance, and any technical assistance or information related to the plans, specifications and requirements for the work which was provided to DBEs. F. Efforts made to assist interested DBEs in obtaining necessary equipment, supplies, materials, or related assistance or services, excluding supplies and equipment the DBE subcontractor purchases or leases from the prime contractor or its affiliate. G. The names of agencies contacted to provide assistance in contacting, recruiting and using DBE firms. H.. Any additional data to support a demonstration of good faith efforts. 2 -12.5 AWARD AND EXECUTION OF CONTRACT The bidder's attention is directed to the provisions in Section 3, "Award and Execution of Contract," of the Standard Specifications and these special provisions for the requirements and conditions concerning award and execution of contract. The award of the contract, if it be awarded, will be to the lowest responsible bidder whose proposal complies with all the requirements prescribed and who has met the goal for DBE participation or has demonstrated, to the satisfaction of the City /County, adequate good faith efforts to do so. Meeting the goal for DBE participation or demonstrating to the satisfaction of the City /County, adequate good faith efforts to do so is a condition for being eligible for award of contract. 2 -12.6 LABOR NONDISCRIMINATION. -- Attention is directed to the following Notice that is required by Chapter 5 of Division 4 of Title 2, California Code of Regulations. Your attention is called to the "Nondiscrimination Clause", set forth in Section 7 -1.01 A(4), "Labor Nondiscrimination," of the Standard Specifications, which is applicable to all nonexempt state contracts and subcontracts, and to the "Standard California Nondiscrimination Construction Contract Specifications" set forth therein. The Specifications are applicable to all nonexempt state construction contracts and subcontracts of $5,000 or more. 2 -12.7 PREVAILING WAGE. -- Attention is directed to Section 7 -1.01 A(2), "Prevailing Wage,° of the Standard Specifications. The general prevailing wage rates determined by the Director of Industrial Relations, for the county or counties in which the work is to be done, are available at the City of Newport Beach, 3300 Newport Boulevard address. These wage rates are not included in the Proposal and Contract for the project. Changes, if any, to the general prevailing wage rates will be available at the same location. SP5OF23 0 0 2 -12.8 SUBCONTRACTOR AND DBE RECORDS The Contractor shall maintain records showing the name and business address of each first -tier subcontractor. The records shall also show the name and business address of every DBE subcontractor, DBE vendor of materials and DBE trucking company, regardless of tier. The records shall show the date of payment and the total dollar figure paid to all of these firms. DBE prime contractors shall also show the date of work performed by their own forces along with the corresponding dollar value of the work. Upon completion of the contract, a summary of these records shall be prepared on Form CEM -2402 (F) and certified correct by the Contractor or the Contractor's authorized representative, and shall be furnished to the Engineer. The form shall be furnished to the Engineer within 90 days from the date of contract acceptance. $10,000 will be withheld from payment until the Form GEM-2402 (F) is submitted. The amount will be returned to the Contractor when a satisfactory Form CEM -2402 (F) is submitted. Prior to the fifteenth of each month, the Contractor shall submit documentation to the Engineer showing the amount paid to DBE trucking companies listed in the Contractor's DBE information. This monthly documentation shall indicate the portion of the revenue paid to DBE trucking companies which is claimed toward DBE participation. The Contractor shall also obtain and submit documentation to the Engineer showing the amount paid by DBE trucking companies to all firms, including owner - operators, for the leasing of trucks. The DBE who leases trucks from a non -DBE is entitled to credit only for the fee or commission it receives as a result of the lease arrangement. The records must confirm that the amount of credit claimed toward DBE participation conforms with Section 2 -1.02. The Contractor shall also obtain and submit documentation to the Engineer showing the truck number, owner's name, California Highway Patrol CA number, and if applicable, the DBE certification number of the owner of the truck for all trucks used during that month for which DBE participation will be claimed. This documentation shall be submitted on Form CEM -2404 (F). 2 -12.9 DBE CERTIFICATION STATUS If a DBE subcontractor is decertified during the life of the project, the decertified subcontractor shall notify the Contractor in writing with the date of decertification. If a subcontractor becomes a certified DBE during the life of the project, the subcontractor shall notify the Contractor in writing with the date of certification. The Contractor shall furnish the written documentation to the Engineer. Upon completion of the contract, Form CEM -2403 (F) indicating the DBE's existing certification status shall be signed and certified correct by the Contractor. The certified form shall be furnished to the Engineer within 90 days from the date of contract acceptance. 2 -12.10 PERFORMANCE OF DBE SUBCONTRACTORS AND SUPPLIERS The DBEs listed by the Contractor in response to the provisions in Section 2- 1.028, "Submission of DBE Information," and Section 3, "Award and Execution of Contract," of these special provisions, which are determined by the City /County 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. SP6OF23 Authorization to use other forces or sources of materials may be requested for the following reasons: A. The listed DBE, after having had a reasonable opportunity to do so, fails or refuses to execute a written contract, when such written contract, based upon the general terns, conditions, plans and specifications for the project, or on the terms of such subcontractor's or supplier's written bid, is presented by the Contractor. B. The listed DBE becomes bankrupt or insolvent. C. The listed DBE fails or refuses to perform the subcontract or furnish the listed materials. D. The Contractor stipulated that a bond was a condition of executing a subcontract and the listed DBE subcontractor fails or refuses to meet the bond requirements of the Contractor. E. The work performed by the listed subcontractor is substantially unsatisfactory and is not in substantial conformance with the plans and specifications, or the subcontractor is substantially delaying or disrupting the progress of the work. F. It would be in the best interest of the City /County. The Contractor shall not be entitled to any payment for such work or material unless it is performed or supplied by the listed DBE or by other forces (including those of the Contractor) pursuant to prior written authorization of the Engineer. 2 -12.11 SUBCONTRACTING Attention is directed to the provisions in Section 8 -1.01, "Subcontracting," and Section 2, "Proposal Requirements and Conditions," and Section3, "Award and Execution of Contract," of the Standard Specifications and these special provisions. Pursuant to the provisions in Section 1777.1 of the Labor Code, the Labor Commissioner publishes and distributes a list of contractors ineligible to perform work as a subcontractor on a public works project. This list of debarred contractors is available from the Department of Industrial Relations web site a htto: / /www.dir.ca.gov. /dir /Labor law /SLSE/Debar.html. The provisions in the third paragraph of Section 8 -1.01, "Subcontracting," of the Standard Specifications, that the Contractor shall perform with the Contractor's own organization contract work amounting to not less than 50 percent of the original contract price, (is or is not) changed by the Federal Aid requirement specified under "Required Contract Provisions Federal -Aid Construction Contracts" in Section 14 of these special provisions that the Contractor perform not less that 30 percent of the original contract work with the Contractor's own organization. Each subcontract and any lower tier subcontract that may in turn be shall include the "Required Contract Provisions Federal -Aid Construction Contracts" in Section 14 of these special provisions. This requirement shall be enforced as follows: A. Noncompliance shall be corrected. Payment for subcontracted work involved will be withheld from progress payments due, or to become due, until correction is made. Failure to comply may result in termination of the contract. SP7OF23' 0 0 SECTION 3— CHANGES IN WORK K1m*t{i ATit[e]:11 3 -3.2 Payment 3 -3.2.3 Markup Replace this section with," (a) Work by Contractor. The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits: 1) Labor ............. ............................... 20 2) Materials ........ ............................... 15 3) Equipment Rental ........................... 15 4) Other Items and Expenditures ........... 15 To the sum of the costs and markups provided for in this subsection, 1 percent shall be added for compensation for bonding. (b) Work by Subcontractor. When all or any part of the extra work is performed by a Subcontractor, the markup established in 3- 3.2.3(a) shall be applied to the Subcontractor's actual cost of such work. A markup of 10 percent on the first $5,000.00 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000.00 of the subcontracted portion of the extra work may be added by the Contractor. This Section only applies to work in excess of the estimated quantities shown in the Proposal." SECTION 4-- CONTROL OF MATERIALS 4 -1 MATERIALS AND WORKMANSHIP 4-1.3 Inspection Requirements 4 -1.3.4 Inspection and Testing. All material and articles furnished by the Contractor shall be subject to rigid inspection, and no material or article shall be used in the work until it has been inspected and accepted by the Engineer. The Contractor shall furnish the Engineer full information as to the progress of the work in its various parts and shall give the Engineer timely (48 hours minimum) notice of the Contractor's readiness for inspection. The Engineer shall select an independent testing laboratory and pay for all testing as specified in the various sections of the Standard Special Provisions and these Special Provisions. When, in the opinion of the Engineer, additional tests and retesting due to failed tests or inspections are required because of unsatisfactory results in the manner in which the Contractor executed his work, such tests and inspections shall be paid for by the Contractor. SP8OF23 0 0 SECTION 5— UTILITIES 5 -7 ADJUSTMENTS TO GRADE. The Contractor shall adjust to finish grade City -owned water meter boxes, water valve covers, sewer manholes, sewer cleanouts and survey monuments. The Contractor shall coordinate the adjustment of Southern California Edison, Southern California Gas Co., Pacific Bell, Orange County Sanitation District, and Cox Communications to the finish grade with the appropriate utility company. 5 -8 SALVAGED MATERIALS. The Contractor shall salvage all existing meter or valve box covers. The Contractor shall salvage all removed cast iron pipes. Salvaged materials shall be delivered to the City's Utility Yard at 949 West 16th Street. The Contractor shall make arrangements for the delivery of salvaged materials by contacting Mr. Ed Burt, Utilities Superintendent, at (949) 718 -3402. SECTION 6 -- PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6 -1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Add to this section, "The time for completion as specified in Section 6-7, shall commence at the time of City Council award. The Contractor shall furnish City with certificates of insurance with original endorsements effecting coverage required by this contract (Section G) to the City for processing and approval prior to City permitting any work on site to commence. No work shall begin until a schedule of work has been approved by the Engineer. The Contractor shall submit a construction schedule to the Engineer for approval a minimum of five working days prior to commencing any work. Schedule maybe bar chart or CPM style. The Engineer will review the schedule and may require the Contractor to modify the schedule to conform to the requirements of the Contract Documents. If work falls behind the approved schedule, the Contractor shall be prohibited from starting additional work until he has exerted extra effort to meet his original schedule and has demonstrated that he will be able to maintain his approved schedule in the future. Such stoppages of work shall in no way relieve the Contractor from his overall time of completion requirement, nor shall it be constructed as the basis for payment of extra work because additional personnel and equipment were required on the job." The term "work" as used herein shall include all removals, adjustments and replacements, removing existing damaged/shifted sidewalk, median curb, median mow strip, median nose, curb access ramps, curb and gutter, structural sections, cold - milling existing roadway, pruning conflicting tree roots, and crack sealing structural section cracks; constructing P.C.C. sidewalk, median curb, median nose, curb access ramps, curb and gutter, asphalt overlays, placing asphalt pavement crack repair membrane, adjusting utility frames and covers to finished grade; and constructing other incidental items of work. 6 -7 TIME OF COMPLETION. 6 -7.1 General. Add to this section, "After City Council award, the Contract shall complete all work under the Contract within seventy consecutive working days. This schedule includes ten days for processing of contract, bonds, and insurance documents. SP9OF23 It will be the Contractor's responsibility to ensure the availability of all material prior to the start of work. Unavailability of material will not sufficient reason to grant the Contractor an extension of time for 100 percent completion of work." 6-7.2 Working Days. Revise 3) to read, "any City holiday, defined as January 1 st, the third Monday in February (President's Day), the last Monday in May (Memorial Day), July 4th, the first Monday in September (Labor Day), November 11th (Veterans Day), the fourth Thursday in November (Thanksgiving), and December25th (Christmas). If January 1st, July 4th, November 11th or December 25th falls on a Sunday, the following Monday is a holiday." 6-7.4 Working Hours. Normal working hours are limited to 7:00 a.m. to 4:30 p.m. Monday through Thursday, and 7:00 a.m. to 3:30 p.m. on Fridays. Should the Contractor elect to work later outside normal working hours, he must first obtain special permission from the Engineer. A request for working during any of these hours must be made at least 72 hours in advance of the desired time period. A separate request must be made for each work shift. The Engineer reserves the right to deny any or all such requests. Additionally, the Contractor shall pay for supplemental inspection costs of $50.00 per hour when such time periods are approved. 6 -9 LIQUIDATED DAMAGES. Revise sentence three to read, "For each consecutive calendar day after the forty five consecutive working days specified for completion of the work, the time specified for completion of Work, whichever occurs first, as adjusted in accordance with subsection 6 -6, the Contractor shall pay to the City or have withheld from moneys due it, the daily sum of $500.00. Revise paragraph two, sentence one, to read, "Execution of the Contract shall constitute agreement by the Agency and Contractor that $500 per day is the minimum value of the costs and actual damage caused by the failure of the Contractor to complete the Work within the allotted time." The intent of this section is to emphasize to the Contractor the importance of prosecuting the work in an orderly preplanned continuous sequence so as to minimize the disruption time to the public. SECTION 7— RESPONSIBILITIES OF THE CONTRACTOR 7 -7 COOPERATION AND COLLATERAL WORK Add to this section, "City forces will perform all shut downs of water facilities as required. The Contractor shall give the City seven calendar days notice of the time he desires the shut down of facilities to take place. A four -hour shut down of water facilities during the daytime hours of 10:00 a.m. to 2:00 p.m. or a six -hour shut down between the hours of 11:00 p.m. to 5:00 a.m. will be allowed. The Contractor will be responsible for completing all water connections within the time period allowed. The times and dates of any utility to be shut down must be coordinated with the City of Newport Beach, Utilities Division. The City must approve any nighttime work in advance. The Contractor shall provide and install new water meter and valve boxes. All existing water meter or valve box frames and covers shall be salvaged. Salvaged meter or valve boxes and water pipe shall be delivered to the City's Utilities Yard at 949 West 16th Street. SP 10 OF 23 The Contractor shall make arrangements for the delivery of salvaged materials by contacting Mr. Ed Burt, Utilities Superintendent, at (949) 718 - 3402." 7 -8 PROJECT SITE MAINTENANCE. 7 -8.5 Temporary Light, Power and Water. Add to this section, "If the Contractor elects to use the City's water, he shall arrange for a meter and tender a $750 meter deposit with the City. Upon return of the meter to the City, the deposit will be returned to the Contractor, less a quantity charge for water usage and repair charges for damage to the meter." 7 -8.6 Water Pollution Control. Add to this section, "Surface runoff water containing mud, silt or other deleterious material due to the construction of this project shall be treated by filtration or retention in settling basin(s) sufficient to prevent such material from migrating into any catch basin or the bay." 7 -8.8 Steel Plates. The City can provide a limited quantity of steel plates. These plates may be obtained for a rental charge of $15.00 per plate per week or part thereof. In addition the Contractor shall deposit $100.00 for the use of the City's lifting eye fitting and for the use of trench plates. The Contractor shall obtain plates from and return plates to the City's Utilities Yard at 949 West 16th Street. To determine the number of plates available and to reserve the plates, the Contractor must call the City's Utilities Superintendent, Mr. Ed Burt, at (949) 718 -3402. 7 -10 PUBLIC CONVENIENCE AND SAFETY. 7 -10.1 Traffic and Access. Add to this section, "The Contractor shall provide traffic control and access in accord with Section 7 -10 of the Standard Specifications and the Work Area Traffic Control Handbook (WATCH) also published by Building News, Inc." 7 -10.2 Storage of Equipment and Materials in Public Streets. Delete the first paragraph and add the following: "Construction materials shall not be stored in streets, roads, or sidewalk areas." 7 -10.3 Street Closures, Detours and Barricades. Add to this section "The Contractor shall submit to the Engineer at least five working days prior to the pre- construction meeting a traffic control plan and detour plan(s) for each street and parking lot. The Contractor will be responsible for processing and obtaining approval of a traffic control plan from the City's Traffic Engineer. The Contractor shall adhere to the conditions of the traffic control plan. All traffic control plans shall be prepared by a licensed Traffic Engineer and conform to the provisions of the WORK AREA TRAFFIC CONTROL HANDBOOK (W.A.T.C.H.), 1996 Edition. The traffic control and detour plans must meet the following requirements: 1. Emergency vehicle access shall be maintained at all times. 2. The locations and wordings of all barricades, signs, delineators, lights, warning devices, parking restrictions, and any other required details shall ensure that all pedestrian and vehicular traffic will be handled in a safe manner with a minimum of inconvenience to the public. 3. All advanced warning sign installations shall be reflectorized and/or lighted. SP 11 OF 23 4. At least one throfh traffic lane in each direction musVemain open at all times during construction. 5. Two traffic lanes of at least 10 feet in width shall be open in each direction and all turn lanes shall be open during non - working hours. 6. Signs shall be posted to indicate the bike lanes are closed during construction. 7. If traffic lanes in the same direction differ in elevation by more than 1" then delineators shall be placed at 100' intervals along the lane line to separate the traffic lanes and "Uneven Pavement" (C41) signs shall be posted every 200'. 7 -10.4 Public Safety 7- 10.4 -1 Safety Orders. Add to this section, "The Contractor shall be solely and completely responsible for conditions of the job -site, including safety of all persons and property during performance of the work, and the Contractor shall fully comply with all State, Federal and other laws, rules, regulations, and orders relating to the safety of the public and workers. The right of the Engineer or the City's Representative to conduct construction review or observation of the Contractor's performance shall not include review or observation of the adequacy of the Contractor's safety measures in, on, or near the construction site." 7 -10.5 "No Parking" Signs. The Contractor shall furnish, install, and maintain in place "NO PARKING -TOW AWAY" signs (even if streets have posted "NO PARKING" signs) which he shall post at least forty -eight hours in advance of the need for enforcement. In addition, it shall be the Contractor's responsibility to notify the City's Police Department, Traffic Division at (949) 644 -3717, for verification of posting at least forty-eight hours in advance of the need for enforcement. The signs shall (1) be made of white card stock; (2) have minimum dimensions of 12- inches wide and 18- inches high; and (3) be similar in design and color to sign R -38 of the Caltrans Uniform Sign Chart. The Contractor shall print the hours and dates of parking restriction on the "NO PARKING - TOW AWAY" sign in 2 -inch high letters and numbers. A sample of the completed sign shall be reviewed and approved by the Engineer prior to posting. 7 -10.7 Notices to Residents. Forty-eight hours before the start of any construction, the Contractor shall distribute to adjacent residents within 500 feet of the project, a written notice stating when construction operations will start and what disruptions may occur and approximately when construction will be complete. The written notices will be prepared by the Engineer. The Contractor shall insert the applicable dates and times when the notices are distributed. Errors in distribution, false starts, acts of God, strikes or other alterations of the schedule will require Contractor re- notification using an explanatory letter furnished by the Engineer. 7 -15 CONTRACTOR'S LICENSES. At the time of the award and until completion of work, the Contractor shall possess a General Engineering Contractor "A" License. At the start of work and until completion of work, the Contractor shall possess a Business License issued by the City of Newport Beach. 7 -16 CONTRACTOR'S RECORDWAS BUILT DRAWINGS. A stamped set of approved plans and specifications shall be on the job site at all times. In addition, the Contractor shall maintain "As- Built" drawings of all work as the job progresses. A separate set of drawings SP 12 of 23 Ll shall be maintained for this purpose. These drawings shall be up -to -date and so verified by the Engineer at the time each progress bill is submitted. Upon completion of the project, the Contractor shall provide "As- Built' corrections upon a copy of the Plans. The "As- Built" correction plans shall be verified by the Engineer prior to final payment or release of any bonds. The Contractor shall maintain books, records, and documents in accord with generally accepted accounting principles and practices. These books, records, and documents shall be retained for at least three years after the date of completion of the project. During this time, the material shall be made available to the Engineer. Suitable facilities are to be provided for access, inspection, and copying of this material. SECTION 9— MEASUREMENT AND PAYMENT 9-3 PAYMENT 9 -3.1 General. Revise paragraph two to read, "The unit and lump sum prices bid for each item of work shown on the proposed shall include full compensation for furnishing the labor, materials, tools; and equipment and doing all the work to complete the work in place and no other compensation will be allowed thereafter. Payment for incidental items of work not separately listed shall be included in the prices shown for the other related items of work. The following items of work pertain to the bid items included within the Proposal: Item No. 1 Mobilization: Work under this item shall include all preparation and scheduling of materials and equipment necessary to complete the work under this contract. Item No. 2 Traffic Control: Work under this item shall include providing the traffic control required by the project including, but not limited to, preparation of traffic control plans, signs, barricades, temporary striping, and all other work necessary to comply with the W.A.T.C.H. Manual, 1996 edition, and City of Newport Beach Requirements. Item No. 3 Remove Failed Asphalt Pavement: Work under this item shall include the saw cutting, removal and disposal of existing failed A.C. pavement at the locations shown on the plans for replacement in accordance with item No. 5. Item No. 4 Remove Aggregate Base: Work under this item shall include the removal and disposal of existing aggregate base at areas of failed A.C. pavement (Item No. 3) at the locations shown on the plans for replacement in accordance with Item No. 5. Item No. 5 Construct New Full Depth Structural Section: Work under this item shall include the construction of 0.85' Full Depth A.C. pavement over native soil or aggregate base at the locations shown on the plans complete and in place. Item No. 6 Cold Mill A.C.: Work under this item shall include the cold milling of the existing A.C. roadway pavement below existing finished grade and all other work necessary to cold mill the existing A.C. roadway pavement below existing finished grade at the locations shown on the plans complete and in place. Item No. 7 Remove and Construct P.C.C. Sidewalk: Work under this item shall include the sawcutting, removal and disposal of-existing improvements, subgrade compaction and the construction of P.C.C. sidewalk, and all other work necessary to remove the SP 13 OF 23 0 0 existing improvements and construct the sidewalk at the locations shown on the plans complete and in place. Item No. 8 Remove and Construct Type "A" P.C.C. Curb and Gutter 8" CF: Work under this item shall include the sawcutting, removal and disposal of existing improvements, subgrade compaction, reconstruction of curb openings for existing curb drains, and the construction of P.C.C. curb and gutter, type "A ", with 8" curb face, rechiseling of curb face for existing underground utilities and all other work necessary to remove the existing improvements and construct the P.C.C. curb and gutter at the locations shown on the plans complete and in place. Item No. 9 Remove and Construct Type "C" P.C.C. Curb and Gutter: Work under this item shall include the sawcutting, removal and disposal of existing improvements, subgrade compaction, and the construction of P.C.C. curb and gutter, type "C ", and all other work necessary to remove the existing improvements and construct the P.C.C. curb and gutter at the locations shown on the plans complete and in place. Item No. 10 Remove and Construct P.C.C. Access Ramps: Work under this item shall include the sawcutting, removal and disposal of existing improvements, subgrade compaction, and the construction of P.C.C. access ramps in accordance with modified City Standard Plan STD - 181 -L -A and STD - 181 -L -B, and all other work necessary to remove the existing improvements and construct the access ramps at the locations shown on the plans complete and in place. Item No. 11 Root Prune Tree: Work under this item shall include pruning of conflicting tree roots per specifications and as designated by the city engineer, and all other work necessary to prune conflicting tree roots at the locations shown on the plans complete and in place. Item No. 12 Install Root Barrier: Work under this item shall include installation of root barrier as supplied by Deep Root Inc., model no. LB 18 -2, adjacent to new P.C.C. improvements, and all other work necessary to install root barriers at locations shown on the plans complete and in place. Item No. 13 Remove and Construct P.C.C. Mow Strip: Work under this item shall include the sawcutting, removal of existing damaged/uplifted P.C.C. mow strip and the construction of P.C.C. mow strip to match /join existing, and all other work necessary to remove the existing improvements and construct the P.C.C. mow strip complete and in place. Item No. 14 Remove and Construct P.C.C. Median Noses: Work under this item shall include the sawcutting, removal of existing damaged P.C.C. median noses and the construction of P.C.C. median noses per plans, and all other work necessary to construct P.C.C. median nose at locations shown on plan complete and in place. Item No. 15 Remove Colored Stamped Concrete: Work under this item shall include the removal of existing improvements of colored stamped concrete and regrading for future landscaping by others, and all other work necessary to remove the existing improvements shown on the plans complete and in place. SP 14 OF 23 0 Item No. 16 Crack Seal Cold Milled A.C. Pavement: Work under this item shall include the sealing of cracks greater than '/4 inch in the existing asphalt roadway and all other work necessary to complete the crack seal work under this contract. Item No. 17 Gap Seal P.C.C. Sidewalk and Curb: Work under this item shall include installation of joint filler /backer -rods and the elastomeric joint sealing of gap between existing P.C.C. curb and sidewalk at location shown on the plans and all other work necessary to complete the gap seal work under this contract. Item No. 18 Adjust Manholes to Grade: Work under this item shall include the adjustment of manholes to grade in the project limits, at the locations shown on the plans complete and in place. Item No. 19 Adjust Valve and Other Covers to Grade: Work under this item shall include the adjustment of valve and covers to grade in the project limits, at the locations shown on the plans complete and in place. Item No. 20 Install Traffic Signal Loops: Work under this item shall include installation of traffic signal loops and splicing new loops to existing detector lead cable (DLC) in existing pull boxes, and all other work necessary to install traffic signal loops at locations shown on the plans at the locations shown on the plans complete and in place. Reference Specifications and Standard Plans All work necessary for the completion of this contract shall be done in accordance with (1) these special Provisions; (2) the Plans; (3) the City of Newport Beach Design Criteria, Standard Special Provisions and Standard Drawings for Public Works Construction, 1994 Edition; (4) State of California, Department of Transportation (Caltrans) Standard Specifications and Standard Plans, dated July 1992, hereinafter referred to as State Standard; (5) the Standard Specifications for Public Works Construction, 1994 Edition, inclusive of all supplements; and (6) the Work Area Traffic Control Handbook, 1996 Edition. Copies of the Design Criteria Standard Special Provision and Standard Drawings may be purchased at the Public Works Department for ten dollars ($10.00). Copies of the Work Area Traffic Control Handbook may be purchased at the Public works Department for $ Copies of the Standard Specifications may be purchased from Building News, Inc., 1612 South Clementine Street, Anaheim, CA 92802 -2901; Telephone Number 1- 800 - 873 -6397. If there is a conflict in the methods of measurement of payment between the City's Standard Specifications and the California Standard Specifications, the City's Standard Specifications shall take precedence. Scheduling of Work No materials or equipment shall be stored at the job sites until receipt of said notification by the Engineer. The job sites shall be maintained in neat and orderly condition at all times. All striping, pavement markings and signing shall be in place prior to opening of street to public travel. The location of proposed striping and crosswalks shall be marked in the field for approval by the Engineer prior to installation of signal detector loops. SP 15 OF 23 Detectors Loop wire shall be type 1. Lead -in wire cable shall be Type B. The Contractor shall test the detectors with a motor - driven cycle, as defined in the California Vehicle Code, which is licensed for street use by the Department of Motor Vehicles of the State of California. The un -laden weight of the vehicles shall not exceed 220 pounds and the engine displacement shall not exceed 100 cubic centimeters. Special features, components, or vehicles designed to activate the detector will not be permitted. The Contractor shall provide an operator who shall drive the motor - driven cycle through the response or detection area of the detector at not less than 3 miles per hour, nor more than 7 miles per hour. The number of lead -in cables required to achieve the specified detection shall be installed. Item No. 21 Install Traffic Striping and Pavement Markings: Work under this item shall include restoring existing traffic striping, including the installation of raised pavement markers, and pavement markings, and all work necessary to install traffic striping, raised pavement markers, and pavement markings at the locations shown on the plans complete and in place. Item No. 22 Survey and Replace Monuments: Work under this item shall include the surveying of existing monuments to be replaced, placing new monuments and processing approval of new corner records in the project limits, at the locations shown on the plans complete and in place by a Land Surveyor or Civil Engineer licensed to perform surveying in the State of California. Item No. 23 Construct 0.15' Thick ARHM Overlay Gap Graded: Work under this item shall include the construction of 0.15' thick ARHM (Asphalt Rubber Hot Mix) gap - graded overlay and all other work necessary to construct 0.15' thick ARHM gap - graded overlay at the locations shown on the plans complete and in place. 9 -3.2 Partial and Final Payment: Add to this section,, °Partial payments for mobilization and traffic control shall be made in accordance with Section 10264 of the Calif omia Public Contract Code." SP 16 OF 23 0 9 PART 2 CONSTRUCTION MATERIALS SECTION 201 - -- CONCRETE, MORTAR, AND RELATED MATERIALS 201 -1 PORTLAND CEMENT CONCRETE SECTION 201 - 1.1.2: Concrete Specified by Class. Add to this section, 'Portland Cement concrete for construction shall be Class 560 -C- 3250." SECTION 214 -- PAVEMENT MARKERS 214 -4 NON - REFLECTIVE PAVEMENT MARKERS: Add to the section, "All new non - reflective pavement markers Types A and AY shall be ceramic. 214-5 REFLECTIVE PAVEMENT MARKERS: Add to this section, "All new reflective pavement markers shall have glass- covered reflective faces or be 3M Series 290 markers." PART 3 CONSTRUCTION METHODS SECTION 300 -- EARTHWORK 300-1 CLEARING AND GRUBBING 300 -1.3 Removal and Disposal of Materials 300 -1.3.1 General. Add to this section, "The work shall be done in accordance with Section 300 -1.3.2 of the Standard Specifications except as modified and supplemented herein. Joins to existing pavement lines shall be full depth sawcuts. Final removal between the sawcut lines may be accomplished by the use of jackhammers or sledgehammers. Pavement breakers or stoppers will not be permitted on the job. The Engineer must approve final removal accomplished by other means. The Contractor shall maintain the job site in a clean and safe condition. The Contractor will remove any broken concrete, debris or other deleterious material from the job site at the end of each work day." 300 -1.3.2 Requirements. (c) Concrete Curb, Walk, Gutters, Cross Gutters, Driveways, and Alley Intersections. Replace the first sentence of this Section with, "Saw cuts shall be neatly made to a minimum of two (2) inches." And replace the words "1 1/i inch" of the last sentence with the words "two (2) inches ". 300 -1.5 Solid Waste Diversion. Non - reinforced concrete and asphalt wastes generated from the job site shall be disposed of at a facility which crushes such materials for reuse. Excess soil and other recyclable solid wastes shall not be disposed of at a sanitary landfill. SP 17 OF 23 • i The Contractor shall maintain monthly tonnage records of total solid wastes generated and solid wastes disposed of at a sanitary landfill. The Contractor shall report said tonnage monthly to the Engineer on a form provided by the Engineer. SECTION 302 - -- ROADWAY SURFACING 302 -5 ASPHALT CONCRETE PAVEMENT 302 -5.1 General: Add to this section "The asphalt concrete base course (A.C.) used shall be III -C3 -AR -4000. All cracks 1/4 inch or greater in width shall be cleaned and sealed with a hot - applied crack sealant. Holes, spalls, and cracks greater than 1 -inch in width shall be filled and compacted with an F -AR 4000 asphalt concrete mix. The pavement shall then be cleaned with a power broom." The crack sealant shall be a Type °D" Joint Sealant per section 201 -3.7 of the Standard Specifications and shall be ROADSAVER II by Crafto or approved equal. The contractor shall submit for approval the material he intends to use prior to its incorporation into the work. All pavement cracks '/4" and larger shall be cleaned using a wand and compressed air. Air cleaning shall be performed immediately before the application of the crack sealant and shall remove all dust, dirt, oil, and other foreign matter. The sealant shall be applied at the manufacturer's recommended pour temperature using either a wand equipped with an applicator disk or a squeegee. The joint shall be filled to the top without the formation of voids. The top of the finish joint seal shall be between '/4" 3/8" below the finish surface. 302 -5.4 Tack Coat. Add to this section, "Prior to placing the asphalt concrete patches, a tack coat of Type SS -1h asphaltic emulsion at a rate not to exceed one —tenth (1/10) of a gallon per square yard shall be uniformly applied to existing A.C. and P.C.C. surfaces and edges against which asphalt concrete is to be placed." 302 -6 PORTLAND CEMENT CONCRETE PAVEMENT 302 -6.6 Curing. Add to this section, "The Contractor shall not open street improvements to vehicular use until P.C.C. has attained the minimum compressive strength specified in Section 201 -1.1 -2 of the Standard Specifications. Said strength may be attained more rapidly, to meet the time constraints in Section 6 -7.1 herein, by the use of additional Portland cement or admixtures with prior approval of the Engineer." SECTION 303 -- CONCRETE AND MASONRY CONSTRUCTION 303 -5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 303 -5.1 Requirements. 303 -5.1.1 General. Add to this section, "Sidewalk and curb access ramps shall be opened to pedestrian access on the day following concrete placement. In addition, all forms shall be removed, irrigation systems shall be repaired, and backfill or patch -back shall be placed SP 18 OF 23 0 0 within 72 hours following concrete placement. Newly poured P.C.C. improvements subject to vehicle loads shall not be opened to vehicle traffic until the concrete has cured to a minimum strength of 2,000 PSI." 303 -5.5 Finishing. 303 -5.5.2 Curb. Add to this section, "The Contractor shall install or replace curb markings that indicate sewer lateral or water valve location on the face of the curb. The Contractor shall mark the curb with a chiseled "S" for sewer lateral and a chiseled "V -X" for water valve locations. "X" shall indicate the number of feet from the curb face to the valve. To determine the location of sewer laterals and water services, the Contractor must call the City's Utilities Superintendent, Mr. Ed Burt, at (714) 718 - 3402." 303 -5.5.4 Gutter. Add to this section, "The Contractor shall hold the flow line tolerances to within 0.01 feet of those elevations shown on the plan." SECTION 307 — STREET LIGHTING AND TRAFFIC SIGNALS 307 -4: TRAFFIC SIGNAL CONSTRUCTION 307 -4.9.3 Inductive Loops: Amend this Section to include, "traffic signal loop detectors shall be replaced per Caltrans Standard Plans ES -5A and ES -5B and shall be Type A or type e. the new loop detectors shall be installed within the AC pavement final course. All installed loop detectors shall be completely functional to the satisfaction of the Engineer within five (5) consecutive working days of AC pavement final course placement. SECTION 308 - -- LANDSCAPE AND IRRIGATION INSTALLATION 308 -1 General. Add to this section, "The Contractor is responsible for clearing and grubbing, pruning and removing tree roots that interfere with the work. The Contractor shall arrange for this work with the City's Urban Forester, Mr. John Conway at (949) 644- 3083, a minimum of five work days prior to beginning work. Method of pruning and removing tree roots shall be determined, approved, and inspected by the City's Urban Forester as follows: 1. Root Pruning a. The City's Urban Forester shall review and approve all proposed pruning prior to the start of the work. He may inspect any and all work sites as necessary. b. Whenever possible, root pruning shall only be done on one side of the tree unless specifically authorized by the City's Urban Forester. c. Roots shall be cleanly severed using a root pruning machine, ax or comparable tool. 2. Arbitrary Root Cut a. A straight cut with a root - cutting machine shall be made. b. The cut shall be a maximum 14" below grade for sidewalks and 26" for curbs, and shall be made as far away from the tree base as possible. SP 19 OF 23 0 0 3. Selective Root Pruning a. This process involves selectively removing offending roots when a tree trunk of root flare is less than 2 feet from the sidewalk and/or the size, species or condition of the tree warrants a root cut to be hazardous to the tree or when there is only one minor offending root to be removed and/or the damage is minimal (i.e., only one panel uplifted, etc.). b. Selective root pruning shall be performed with an ax or stump grinding machine instead of a root pruning machine. c. All tree roots that are within the sidewalk construction area shall be removed or shaved down. d. Roots greater than two inches in diameter that must be removed, must be pre - approved by the City's Urban Forester. e. Roots shall be. selected for removal on the basis that will have the least impact on the health and stability for the tree. 4. Root Barriers a. Root Barriers shall be installed adjacent to the new PCC curb in those areas where disruptive tree roots have been observed as designated by the Engineer. The tree root barrier shall be a linear barrier as supplied by Deep Root Inc., model # LB 18- 2. (See Exhibit A) b. The City's Urban Forester will determine the location and length of the root barrier to be installed. 308 -2 EARTHWORK AND TOPSOIL PLACEMENT 308 -2.3 Topsoil Preparation and Conditioning. 308 -2.3.1 General. Add to this section, "The Contractor shall remove weeds and other extraneous materials to a depth of 12 inches below finished grade before topsoil work." SECTION 310 --- PAINTING 310-5 PAINTING VARIOUS SURFACES. 310 -5.6 Painting Traffic Striping, Pavement Markings, and Curb Markings. 310 -5.6.7 Layout, Alignment, and Spotting. Add to this section, "The Contractor shall perform all layout, alignment, and spotting. The Contractor shall be responsible for the completeness and accuracy of all layout alignment and spotting. Traffic striping shall not vary more than 1/2 inch in 40 feet from the alignment shown on the plans. The Contractor shall mark or otherwise delineate the new traffic lanes and pavement markings within 24 hours after the removal or covering of existing striping or markings. No street shall be without the proper striping over a weekend or holiday. Stop bars shall not remain unpainted overnight." SP 20 OF 23 • 310 -5.6.8 Application of Paint: Modify and amend this Section to read, "Temporary painted traffic striping and markings shall be applied as follows: One application of temporary paint shall be applied for all striping and markings within 24 -hours after final paving has been placed. Paint for temporary traffic striping and pavement markings shall be white Formula Number 2600A9 and yellow Formula Number 2601A9 as manufactured by Morton. These temporary paints shall be applied at 15 mils wet. The final striping shall be spray -able reflectorized thermoplastic. The spray -able reflectorized thermoplastic pavement striping shall not be applied until the paving has been in place for at least 15 days. The thermoplastic shall be applied at 0.45 mm minimum thickness for all striping except crosswalks, which shall be 0.90 mm minimum thickness. If the Contractor fails to perform striping as specified herein, the Contractor shall cease all contract work until the striping has been properly performed. Such termination of work shall require the Contractor to re- install NO PARKING, TOW - AWAY" signs and re- notify the affected residents, at the Contractors sole expense. In addition, if the Contractor removes /covers /damages any existing striping and/or raised pavement markers outside of the work area, he shall re- stripe /replace such work items at no cost to the City. The Contractor shall paint or otherwise delineate, to the satisfaction of the Engineer, temporary traffic lanes when (1) two opposing traffic lanes are adjacent or (2) there is more than one lane in any one direction, for more than three consecutive calendar days. Dependent upon construction phasing, the Engineer may require the contractor to apply two applications of paint to maintain adequate delineation on base pavement surfaces, at no additional cost to the City." 310 - 5.6.8.1 Application of Thermoplastic: Add this Section to read, "Thermoplastic traffic striping and pavement markings shall be Alkyd type and be installed per Plan by the Contractor in accordance with Section 84 -2 "Thermoplastic Traffic Stripes and Pavement Markings "" of the Caltrans Standard. The Contractor shall warrant Thermoplastic against blistering, bleeding, excessive cracking, staining, discoloring, chipping, and poor adhesion for one year from the date of project acceptance." SECTION 312 -- PAVEMENT MARKER PLACEMENT AND REMOVAL 312 -1 PLACEMENT: Amend this Section with "All raised markers to be installed must be installed between 10 and 30 calendar days after the final AC course has been placed. The raised markers shall be placed directly over the striping where applicable" PART 4 SECTION 400 --- ALTERNATE ROCK PRODUCTS, ASPHALT CONCRETE, PORTLAND CEMENT CONCRETE AND UNTREATED BASE MATERIAL 400 -2 UNTREATED BASE MATERIALS 400 -2.1 General: 400 -2.1.1 Requirements: Add to this section, `The Contractor shall use crushed aggregate base as base materials." SP 21 OF 23 PART 6 SECTION 600 -- MODIFIED ASPHALTS, PAVEMENTS AND PROCESES 600 -2 CRUMB RUBBER MODIFIED (CRM) BINDERS AND PAVEMENTS -WET PROCESS. 600 -2.1 Asphalt- Rubber 600 -2.1. General Add to this section, "Asphalt- rubber shall be type B." 600 -2.6 Asphalt- Rubber Hot Mix Gap- Graded 600 -2.6.1 General Add to this section, "Asphalt concrete surface courses shall be Asphalt Rubber Hot Mix, ARHM -GG -C, wet process, as specified in Section 600 -2.6 of the Standard Specifications and shall conform to the following: a. The Contractor shall submit the final mix design to the City for approval prior to use b. The asphalt concrete shall not be spread when underlying layers of A.C. are above 150 degrees F. C. The wet mixing cycle shall be 50 seconds." 600 -2.6.2 Distribution and Spreading Add to this section, "Asphalt concrete shall be placed with paving machine equipped with Preco attachment or similar device for use in obtaining constant cross -slope and maximum joint quality. Apply SS -1 H tack coat at a rate not to exceed on -tenth (1/10) gallon per square yard uniformly in one coat on all vertical joins of AC patching and P.C.C. surfaces and edges against which ARHM is to be placed. Asphalt leveling courses shall be placed as necessary over ground areas to achieve uniform ARHM surface" 600 -2.6.3 Rolling Add to this section, "Asphalt- Rubber Hot Mix Gap Graded material shall be compacted at or above 290 degrees Fahrenheit. Due to this requirement, the Contractor shall maintain three large self - propelled, vibrating steel wheel rollers, in working condition, on site to facilitate the initial breakdown rolling and intermediate rolling. The third roller will act as a stand -by in case of breakdown by one of the other rollers. Rubber tire rollers are not permitted. A minimum relative compaction of 95% is required. For each percentile less than the required 95% compaction, the unit price for Item No.16, Construct 0.15' Thick ARHM Overlay Gap Graded, will be reduced by 10 %. Any areas of roadway that do not have 90% relative compaction shall be removed, reinstalled, and properly compacted at the Contractor's sole expense. Rolling shall comply with Sections 600 -2.6.3 and 302 -5.6 of the Standard Specifications Rolling along a joint shall be such that the widest part of the roller is on the hot side of the joint. Join lines between successive runs shall be within 6 inches of lane lines or a minimum of 12 feet outside of the outer most lane line. All surfaces to be overlaid shall be cleaned by the use of an airblow, water or by hand broom. The overlaid surface shall'be free of water, dust, or foreign material before tack coat is applied. All raised pavement markers shall be removed prior to the placement of any SP 22 OF 23 0 0 asphalt concrete overlay. Removal of all AC slurry seal residue from gutter lip should be completed prior to paving. Diesel fuel shall not be used for cleaning purposed within the limits of this project." SP 23 OF 23 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SAN MIGUEL PAVEMENT REHABILITATION CONTRACT NO. 3374 APPENDIX A MODIFIED STANDARD PLANS AND INFORMATION SHEETS: STD - 181 -L -A (MOD.) STD - 181 -L -B (MOD.) DEEP ROOT INFORMATION NOTES 1. IF DISTF*Xr FROM CLRB TO BMOC OF SIEDaX IS TOO SHORT TO A'CO`MZRTE RA'P FWD 4' PLATFORM R5 IN CPSE 'R', ThE SIDEMEK MY BE DEPRESSED LOWITUDINCUY RS IN CASE "B" OR 'C', OR MY BE NIDEAED RS IN 0T5F 'D'. 2. IF SIDEMiK IS LESS THiV 5' HIDE, TIE FLEE HIDTH OF TW SIDEFFLK SHLL BE DEPRESSED RS 9AWN IN CASE 'C'. 3. RS RV R-TOWE TO 09SE 'R', OAE MW My BE PLACED IN 7}E CENTER OF Tic aRB RETLFaY RS IN CRS£ 'E'. 4. MfN R4P IS LOCRTE17 IN CENTER OF CLRB RET1W, OWSSWaK CONFIG MTION MST BE SIMILAR TO TH7T 9V W ON TIC PLAN TO RCC&MM7E M nCMIRS. S. IF RAVTING R07 HIDTH IS MAR TO OR 07DUER THM ~ LENGTH, Ra'fP SIDE SLOPE 'X' DISDWX - 3' (SEE D%E 'G'). G. FOR GASES 'F' AND 'G', TIE LOVGITWIN9L KRUM OF AE SIDDOLK MY AEED TO BE IEMESSED RS 90WV IN CASE 'B'. 7. IF LOCRTED ON R aRW, TIE SIDES OF TIE WF A® WT BE PAW -LEL, BUT TIE MINI" NIDTH OF TIE WF 94LL BE 4', LNUSS OniMISE MOTED. 8. TIE BOTTOM OF TIE WF SHLL HAVE R 112 IACH LIP A'IELFD RT 45 DEGREES. 9. SrDD#LK R@ ~ THIOIAESS 'T', 9HL BE 4 DOES. 10. 7W RFPF SfLI HAVE' Al 12 -IACH NILE BiGYPDER WITH 114 IACH GROOVES FPPROXIMa7ELY 3i4 IACH 0. C. SEE GRWVIAG DETAIL. IW 9 WFC O' ~ WU FNVE R TRW6VEF7'.5E BROW SCRFACE TEXTLRE ROWER THW TFE 9.RRfX.M11NG SIIEIE" EXCEPT MEN L007TO IN C94TER OF LLRB RETURN. 11. IfEN ~ IS LOCATED IN cDvrER OF qRs FE'RRIV, IT SH;.L BE GROOVED IN R Ff7RRIAGww PRTTERN U1774 1/4 IACH GROOVES ADAWIM9TELY 1 -112 IACH O.C. SEE GTROOVIAG DETAILS. GROOVE.*', 9*XLD BE RLIGED PARFLLEL TO G7 LX STRIPES TO DIRECT BLIM PEDESTRIANS INTO Al2ROPRIRTE CRK. 12. RRIP SIDE SLOPE VARIES UNIFOR'fY FROM R MAXI" OF LP TG , LGWGITLDIAIX .51E AFLK SLOPE RDIRCEN7 TO TOP OF TTE ~, 13. RETROFITS - HIEN R ;+EUChVIR MW IS RDDED TO AV G7OaS ARE PD&l &TED: (R) RRP GZWE IN (ASE 'C MY BE IFCRUSED TO 0. (B) OTMfR NrF GRADES HTYBE IAC WEED 70 Al FWRW OF 11.1 % 0EVERRl:?=, TFEY ShOLLD BE RS FLRT RS FEASIBLE). (C) HCZE THE 4 FELT PLATFORM IS NOT FER,IBLE, PE MINH MY (D) THE PLR7FOW MY BE ELIMIARTED IF TEE QMDE DOES ACT EXC 14. CaWlUE 94LL BE 560 -C -3250. CITY OF NEWPORT BEACH PUBLIC WORKS DEPRRTMENT CURB ACCESS RAMP DRTE NOTES aww IT CM TO CONFORM WIN IN CRSES 'C' Alm 'G'. 7w FO.LCWIAG TO 3 FEET. I0/ Q. " DMCTOP OF RAUC AMS R.C.E. AD.. 12606 28 Sec 1993 N. T. S. rl a I J Y2 n W. N i . V� a it O Q W� � C � Q Shl- • iii ss � YCT1 N (o� s o 1 - 's I fl . Yz U a it O Q W� � C R Shl- • . � YCT1 N (o� o 1 - � I fl . Yz a it O Q W� YY CL'a U a .b E W ^.0 F Q i .•: D vz r '�L co b .}T 3 i Y s I 3i � i4 •: i L- E i a r = w iii, a = yf p as •'�. 2. I;Z a is ♦ F E W t Ii� ii r N s i� No N �i - p3�• E:dd B W.49. CITY OF NEWPORT BEACH DRAWN "` DATE z -' - g PUBLIC WORKS DEPARTMENT M"OVED CURB ACCESS RAMP weuc WORKS DIRECTOR R.E. No. IM" DE TA /L S ]DRAWING NO. STD — 181— L— A eu 0%f% � C R o �3 C � I a YY CL'a U a .b E W ^.0 F Q i .•: D vz r '�L co b .}T 3 i Y s I 3i � i4 •: i L- E i a r = w iii, a = yf p as •'�. 2. I;Z a is ♦ F E W t Ii� ii r N s i� No N �i - p3�• E:dd B W.49. CITY OF NEWPORT BEACH DRAWN "` DATE z -' - g PUBLIC WORKS DEPARTMENT M"OVED CURB ACCESS RAMP weuc WORKS DIRECTOR R.E. No. IM" DE TA /L S ]DRAWING NO. STD — 181— L— A eu 0%f% DeepMot Protect your expensive hardsops Patented DeepRout Barriers prevent tree roots from ceackine wed uplifting aidewa0s curbs, paths and paving. 12" Linear Barrier- DeepRoot Linear Barriers are scientifi -cally designed to LB 12 -2 prevent true roots from damaging surrounding hardscapes 18" Linear Barrier- and landscapes. LB 18-2 trees to&flm For linear style Our linear barriers are used for linear applications such m Plantings and root root priming or planting whet hardscapu come in close pruning applications. proximity with several aces at once, as in parkways and govguion @yield IMdlan strip. 6.3% Pre - assembled with a unique artim -I.red jolter forcasy 14 long length instalhdan. LB 12 -2 & LB 18 -2 are available Notched hod for 12 or 18 inch depths. ideal far use in eoauuercial develop -wants or to preserve D256A nature truns, DeepRoot Linty Barrier contain the added Sewn u M2 feature of patented ground lurks that prevent roar from �-- raising the barrier above grade. In addition DeepRoot D785A Linear Barriers hive a newly redesigned double top edge that adds durability, improved appearance. safety and additional protection 6om root overgrowth. LB 12 -2/LB 18.2 ASRTf TM Dotes: Test -Linea style SPECIFICATIONS plantings of new Method trees to&flm P1'O perd : rocks downward -Root pursing D638 applications to govguion @yield save the beauty 6.3% and value of D790B mnu a ucc Notched hod -Reiterating of haMseepes without D256A protection to Rockwdl Hardness prevent future damage D785A Linear Barrier Dimram.ons; LB 124: 12`H X 24'W LB 18 -2: 24`H x Fromsrs: 24'W Siring adj..bk in 2' modules Both l'ncer Anirnlmed p.- .bledjoiners Barrier ate 1 /2 Inch raised 90° molded toot deflecting ribs factory Gmmd loci: tabs to prevent lifting by tree Preasnmbled and Double top edge farsoength, safety, appearance and tot may be easily overgrowth Protection prorated at any 2' Ultraviolet inhibitors kagsb for cunom Rounded edgy for safrry in handling siring. DeepRoot products are patented undo one or name of the armor at. following D.S. Paseah,4p191-f9W 5,070,647. other patent wading Copolymer Packagirr : PolypruPylcue of LB 12 -2 40 Panels 80 feet ( O.O(r(2.032 mm) 4arcenm 20canons perpallct. appoximaely 43ywdsprs ration thickneN LB 18 -226 Panels (52 IWU per canna - 50%Post. 20 carious per pallor, approximately 43 pounds par canon consumer recycled Instructions on earn. plate -Injection molded twlp.r Tae U- t. Tot. ore.. L- i..av: -• .'. venue.. v. 451h1m Arm -. Sul¢ look Mr:nrev4. Cx Wnla Tea: 6..* rasa -am nv ROOr t4%7W1 F.: 6".. .Na y am frt atpr tin IWJ f -T-41W Spyr ya:am pnnTTFX rY.RTt r-.m gpµp ryprp d:snY vaeCgo: ae.Pmyl Dadbm W Wo.W WDrYe r•4'p YW—+mi w 0 ASRTf TM Value Test CoPOlym<r Method Polypropylene Temte svcu @ ��• yield D638 3800 PS govguion @yield D538 6.3% Flcxuul Modulus D790B 155.000 PSI Notched hod �� D256A ].1 Rockwdl Hardness r sole D785A 68 twlp.r Tae U- t. Tot. ore.. L- i..av: -• .'. venue.. v. 451h1m Arm -. Sul¢ look Mr:nrev4. Cx Wnla Tea: 6..* rasa -am nv ROOr t4%7W1 F.: 6".. .Na y am frt atpr tin IWJ f -T-41W Spyr ya:am pnnTTFX rY.RTt r-.m gpµp ryprp d:snY vaeCgo: ae.Pmyl Dadbm W Wo.W WDrYe r•4'p YW—+mi w 0 vY. ��• twlp.r Tae U- t. Tot. ore.. L- i..av: -• .'. venue.. v. 451h1m Arm -. Sul¢ look Mr:nrev4. Cx Wnla Tea: 6..* rasa -am nv ROOr t4%7W1 F.: 6".. .Na y am frt atpr tin IWJ f -T-41W Spyr ya:am pnnTTFX rY.RTt r-.m gpµp ryprp d:snY vaeCgo: ae.Pmyl Dadbm W Wo.W WDrYe r•4'p YW—+mi w 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SAN MIGUEL PAVEMENT REHABILITATION CONTRACT NO. 3374 APPENDIX B CORING LOGS U li7l/1 0 C � J 0 uInv_ o- N O - m N Q o CO ,11 1^ (OOo It ,n -- - -- - - N �r o O Oi Q m O Ovt��cw�tn u �O 1 N QjU (n aIn O J N V C Q �O N m u tOi,G ,r1 0 D O Q n tL m � N O7 00 O �o-nr O O In Q O uN O l0 O ui a ZIn NcriNV+ - v1 In r M o- to < d - IS O 1 �ZUJ W �9NN In Nt O Nln�ulh O O t N y Ln N �O O N < InIn n0 cq In 10 0 Q 0 1 NH H �- hl+l to _'n�Nmcq t.�cNAN10nN1- Q cQ 'D O P O ACS - .V cDo l� N OInh- v � 2 :t - N Q rt1 H N 4 - U '/' am•p mt9m Bm U \ z np z U Q m LAI 7 va--z NiE_-- wUD..,ar: .. v� J C 2 u 1-- V1p„NCC w¢ ..- Q w Ow�:J••••••K O" U�ZKUOw w O 1-? �� cc 4 a z Z E_ lar /> �¢IC ,v7 �N I.ijXUn crInM Z wK L d. n =¢ ID O a rd Nz,.1 01n O rww_n zNN z In0Z O O L, Z ti: Oomd U W O_ J r LAI �00 U Z r 2'�r d r IL M a N Jr l ci n, tnO O PN Q - _.., •n 0 0 d Ln U'1 OwNU W M X1+1 -wN NOI1dI83S30 SISAIVNV 3A315 1S31 8313YV011eV1S F- U W( 7 OF CL• CE Q s 01 Q CC O O O cv o a:m r NY LL ?- S m r O ,,, N k 0 V J oi- Q J N OOOVO NOV a r w a CZ ZQ T4 tr, t: . m�NwN � V I, 'I In SN J t- tA � s % firul •JO Q n a(nviYsr m� v v ci O Cc Cc LL a CL Z a 'u R O co 4 -� d •S� m�3 Q "'33 za— J h O Z a [ a o- h w mtOmmC9 - C9m U �z UO Q p0 Z 4. ••0 Z nnBnmi4E �wVO a++ Q 4MQ�K X4- 4 t f a < J Q U p � r , —Vn V) 04 K W r U V 2 �cr O 0 ) W w • . . • . 0+ ¢ U � za- WUO� LLI ¢w � Ix W O i uj it a z E oar cr °,wow crW wjxU ma m W z° a' n Z W J (C avwi Z M0ZUo LLo 2 Q zrwZO�maWOO O -vw N z LLJ oz= w r a¢ : -Q, Ucj oa -C) -tnz OQ�trz• - - ri ¢am a.a Na r a U mw - �ov)oo w Ni •"a U�ow%Aix >d00XwWw�XD &4�wV) 3 NOIldIa0S30 SIS�IIVNV 3A31S IIS31 H313YV0I18ViS C July 24, 2001 CITY COUNCIL AGENDA ITEM NO. ii TO: Mayor and Members of the City Council FROM: Public Works Department SUBJECT: SAN MIGUEL DRIVE FROM SAN JOAQUIN HILLS ROAD TO FORD ROAD - AWARD OF CONTRACT NO. 3374 RECOMMENDATIONS: 1. Approve the plans and specifications. 2. Award Contract No. 3374 (Federal Project No. STPL 5151 (013)) to All American Asphalt for the Total Bid Price of $715,051.18, and authorize the Mayor and the City Clerk to execute the contract. 3. Establish an amount of $71,500.00 to cover the cost for testing and unforeseen work. DISCUSSION: At 11:00 A.M on July 10, 2001, the City Clerk opened and read the following bids for this project: *Corrected Amount TOTAL BID AMOUNT $71 5,051.18 $744,212.00 $753,751.75 *$784,784.78 $809,193.00 $821,590.00 $829,786.80 $854,528.00 The low total bid amount is 11 percent below the Engineer's Estimate of $799,000.00. The disparity between the Engineer's Estimate and the Low bidder's bid amount is due to lower asphalt prices and increased competition between contractors. The low bidder, All American Asphalt, possesses a General Classification A contractor's license as required by the project specifications. All American Asphalt has satisfactorily completed similar projects for the City. BIDDER Low All American Asphalt 2 Excel Paving Co. (PALP, Inc.) 3 R.J. Noble Company 4 Industrial Paving Inc. 5 Sully Miller Contracting Co. 6 Orion Contracting Inc. 7 Silvia Construction, Inc. 8 Sequel Contractors, Inc. *Corrected Amount TOTAL BID AMOUNT $71 5,051.18 $744,212.00 $753,751.75 *$784,784.78 $809,193.00 $821,590.00 $829,786.80 $854,528.00 The low total bid amount is 11 percent below the Engineer's Estimate of $799,000.00. The disparity between the Engineer's Estimate and the Low bidder's bid amount is due to lower asphalt prices and increased competition between contractors. The low bidder, All American Asphalt, possesses a General Classification A contractor's license as required by the project specifications. All American Asphalt has satisfactorily completed similar projects for the City. 0 0 Subject: San Miguel Drive from SJHR to Ford road and Ford Road from MacArthur Boulevard to Jamboree Road — Award of Contract No. 3374 July 24, 2001 Page: 2 This project consists of removal and replacement of deteriorated sidewalk, median curb, median mow strip, curb access ramps, curb and gutter, and street pavement. This project was approved by the Orange County Transportation Authority (OCTA) and Caltrans for federal funds through the Arterial Highway Rehabilitation Program (AHRP) funding. There are sufficient funds available in the following account for the work: Account Description Account Number Amount AHRP 7285- C5100585 $159,143.00 Gas Tax 7181- C5100585 $404,282.00 Measure M Turnback 7281- C5100585 $223,126.18 Total: $786,551.18 Respectfully s e , LI KS DEPARTMENT Stepw G. Badum, Director By: Stephen JLuy, P.E. Project Manager Attachment: Project Location Map Bid Summary rip N, OORD ROAD SAN,MIGL'r-:'-�'iD.RiVE-IPEHABIL::ITATI OR r7--, --1 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SAN MIGUEL DRIVE SAN JOAQUIN HILLS ROAD TO FORD ROAD DRAWN I r � DATE APPROVED DRAWING NO. Exhibit A C-3374 2 U Q WM W O a 3 W Z LL `Cy r M U r z W qWq VI �uu U d co a CL O 6 f FW-• Q Q rl W f N 2 U ~ C W Q 0 N W O Y Y � QI ^ W U o u u`~ Z w Q J C a! 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P z O a L) 0 0 0 V .yIN } C} IL LL LL LL Ip LL LL g LL} U H Vl VI J J N W J V1 W 6 A V N n v V Q w U U F- d s�s alo INN 0 W N L rvl� P .y W J C S v ap �j Lu N J VI w !- �V a c mraT12 c >�� >o F Z c °Q E S v° u ��-II NIN N n W n w d rMi V Q N 0 m m m 0 i d N n 0 0 �w d< ..o z � v ~ c v o U LL Y O Y y ICi W U O U .w U z W Q J F Q C (i v Z Q L = J N V L o a m maCn a® 3Y uj W � Z p LL O U H � o 0 J Q t O d K' a � O � d G U N O d. W 0 w O co F K n Z O 551 0 F O cc J Co W dr Cx Z W z NoG�� W W wzZE3 z 09 E3 8 W d n LL LL LL LL LL LL} LL A g N M ry .J J VI W J V1 W V1 IA J W W W J W �y O N ,�.� Y v E o E E f�pp� E > >3 O v Vl V _Q U Q V V m y m d 2 N L d N N V d d U 9 C t > � E v m a > v � 0 0 C N d f U 9 d d 3 0 m U U O U 41 m J Vl lJt a u u 4 p LL Q a m m m m C p m m V m m m m Lo m2: >� �- >o o t5 f o 0 0 o d o 0 0 >> m m p E E c e E E E E o y� E E E m 2:1 NII'1I PIUII �InIOITIOI.y l.yl .�I .r l.y �I.yl �I.yIC N d n n V 6 E 0 m m N C V d A a C v 37q PROFESSIONAL SERVICES AGREEMENT FOR SAN MIGUEL DRIVE FROM SAN JOAQUIN HILLS ROAD TO FORD ROAD FORD ROAD FROM MACARTHUR BOULEVARD TO JAMBOREE ROAD THIS AGREEMENT, entered into this% day of , 2000, by and between CITY OF NEWPORT BEACH , a Municipal Corporation (hereinafter referred to as "City "), and Van Dell and Associates, Inc., of 17801 Cartwright Road, Irvine, California, 92614, (hereinafter referred to as "Consultant "), is made with reference to the following: RECITALS A. City is a Municipal Corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City is planning to implement improvements to San Miguel Drive and Ford Road, hereinafter referred to PROJECT. C. City desires to engage Consultant to provide professional engineering services for roadway rehabilitation improvements on two Arterial Highway Rehabilitation Projects (AHRP): (1) San Miguel Drive from San Joaquin Hills Road to Ford Road (2) Ford Road from MacArthur Boulevard to Jamboree Road upon the terms and conditions contained in this Agreement. de 0 ! D. The principal member for the Consultant for the purpose of this Project is Don McDougald. E. City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant and desires to contract with Consultant under the terms of conditions provided in this Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM The term of this Agreement shall commence on the 26th day of September 2000, and shall terminate on the 30th day of June 2002, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Consultant shall diligently perform all the duties set forth in the scope of services, attached hereto as Exhibit "A" and incorporated herein by reference. 3. COMPENSATION TO CONSULTANT City shall pay Consultant for the services in accordance with the provisions of this Section and the scheduled billing rates set forth in Exhibit "B" attached hereto and incorporated herein by reference. No rate changes shall be made during the term of this Agreement without prior written approval of City. Consultant's compensation for all work performed in accordance with this Agreement shall not exceed the total contract price of sixty-three thousand, eight hundred eighty -eight and 00/100 Dollars ($63,888.00). bZ • The segment on San Miguel Drive is $39,678.00 and the segment on Ford Road is $24,210.00. 3.1 Consultant shall maintain accounting records of its billings which includes the name of the employee, type of work performed, times and dates of all work which is billed on an hourly basis and all approved incidental expenses including reproductions, computer printing, postage and mileage. 3.2 Consultant shall submit monthly invoices to City payable by City within thirty (30) days of receipt of invoice subject to the approval of City. 3.3 Consultant shall not receive any compensation for extra work without prior written authorization of City. Any authorized compensation shall be paid in accordance with the schedule of the billing rates as set forth in Exhibit `B ". 3.4 City shall reimburse Consultant only for those costs or expenses which have been specifically approved in this Agreement, or specifically approved in advance by City. Such cost shall be limited and shall include nothing more than the following costs incurred by Consultant: A. The actual costs of subconsultants for performance of any of the services which Consultant agrees to render pursuant to this Agreement which have been approved in advance by City and awarded in accordance with the terms and conditions of this Agreement. B. Approved computer data processing and reproduction charges. -3- 0 0 C. Actual costs and /or other costs and /or payments specifically authorized in advance in writing and incurred by Consultant in the performance of this Agreement. 4. STANDARD OF CARE 4.1 All of the services shall be performed by Consultant or under Consultant's supervision. Consultant represents that it possesses the professional and technical personnel required to perform the services required by this Agreement and that it will perform all services in a manner commensurate with the community professional standards. All services shall be performed by qualified and experienced personnel who are not employed by City nor have any contractual relationship with City. Consultant represents and warrants to City that it has or shall obtain all licenses, permits, qualifications and approvals required of its profession. Consultant further represents and warrants that it shall keep in effect all such licenses, permits and other approvals during the term of this Agreement. 4.2 Consultant shall not be responsible for delay, nor shall Consultant be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, or acts of God, or the failure of City to furnish timely information or to approve or disapprove Consultant's work promptly, or delay or faulty performance by City, contractors, or governmental agencies, or any other delays beyond Consultant's control or without Consultant's fault. 5. INDEPENDENT PARTIES City retains Consultant on an independent contractor basis and Consultant is not Q an employee of City. The manner and means of conducting the work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. Nothing in this Agreement shall be deemed to constitute Consultant or any of Consultant's employees or agents to be the agents or employees of City. Consultant shall have the responsibility for and control over the details in means of performing the work provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement which may appear to give City the right to direct Consultant as to the details of the performance of the services or to exercise a measure of control over Consultant shall mean that Consultant shall follow the desires of City only in the results of the services. 6. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated Project Administrator, and any other agencies which may have jurisdiction or interest in the work to be performed. City agrees to cooperate with Consultant on Project. 7. PROJECT MANAGER Consultant shall assign Project to a Project Manager, who shall coordinate all phases of Project. This Project Manager shall be available to City at all reasonable times during term of Project. Consultant has designated Don B. McDougald to be its Project Manager. Consultant shall not bill any personnel to Project other than those personnel identified in Exhibit "B" whether or not considered to be key personnel, without City's prior written approval by name and specific hourly billing rate. Consultant shall not remove or reassign any personnel designated in this Section or assign any new or replacement -5- 9 0 person to Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to removal or assignment of non -key personnel. Consultant, at the sole discretion of City, shall remove from Project any of its personnel assigned to the performance of services upon written request of City. Consultant warrants it will continuously furnish the necessary personnel to complete Project on a timely basis as contemplated by this Agreement. 8. TIME OF PERFORMANCE Time is of the essence in the performance of the services under this Agreement and the services shall be performed by Consultant in accordance with the schedule specified below. The failure by Consultant to strictly adhere to the schedule may result in termination of this Agreement by City, and the assessment of damages against Consultant for delay. Notwithstanding the foregoing, Consultant shall not be responsible for delays which are due to causes beyond Consultant's reasonable control. However, in the case of any such delay in the services to be provided for Project, each party hereby agrees to provide notice to the other party so that all delays can be addressed. 8.1 Consultant shall submit all requests for extensions of time for performance in writing to the Project Administrator not later than ten (10) calendar days after the start of the condition, which purportedly causes a delay, and not later than the date upon which performance is due. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays, which are beyond Consultant's control. 8.2 For all time periods not specifically set forth herein, Consultant shall Li Ll respond in the most expedient and appropriate manner under the circumstances, by either telephone, fax, hand delivery or mail. 9. CITY POLICY Consultant will discuss and review all matters relating to policy and project direction with the Project Administrator in advance of all critical decision points in order to ensure that the Project proceeds in a manner consistent with City goals and policies. 10. CONFORMANCE TO APPLICABLE REQUIREMENT All work prepared by Consultant shall conform to applicable city, county, state and federal law, regulations and permit requirements and be subject to approval of the Project Administrator and City Council. 11. PROGRESS Consultant is responsible to keep the Project Administrator and /or his /her duly authorized designee informed on a regular basis regarding the status and progress of the work, activities performed and planned, and any meetings that have been scheduled or are desired. 12. HOLD HARMLESS Consultant shall indemnify, defend, save and hold harmless City, its City Council, boards and commissions, officers and employees from and against any and all loss, damages, liability, claims, allegations of liability, suits, costs and expenses for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, property damages, or any other claims arising from any and all negligent acts or omissions of Consultant, its employees, agents or subcontractors in the performance of -7- services or work conducted or performed pursuant to this Agreement, excepting only the active negligence or willful misconduct of City, its officers or employees, and shall include attorneys' fees and all other costs incurred in defending any such claim. Nothing in this indemnity shall be construed as authorizing, any award of attorneys' fees in any action on or to enforce the terms of this Agreement. 13. INSURANCE Without limiting consultant's indemnification of City, and prior to commencement of work, Consultant shall obtain and provide and maintain at its own expense during the term of this Agreement policy or policies of liability insurance of the type and amounts described below and satisfactory to City. Certification of all required policies shall be signed by a person authorized by that insurer to bind coverage on its behalf and must be filed with City prior to exercising any right or performing any work pursuant to this Agreement. Except workers compensation and errors and omissions, all insurance policies shall add City, its elected officials, officers, agents, representatives and employees as additional insured for all liability arising from Consultant's services as described herein. All insurance policies shall be issued by an insurance company certified to do business in the State of California, with original endorsements, with Best's A- VII or better carriers, unless otherwise approved by City Risk Manager. A. Worker's compensation insurance covering all employees and principals of Consultant, per the laws of the State of California. B. Commercial general liability insurance covering third party liability risks, In 0 0 including without limitation, contractual liability, in a minimum amount of $1 million combined single limit per occurrence for bodily injury, personal injury and property damage. If commercial general liability insurance or other form with a general aggregate is used, either the general aggregate shall apply separately to this Project, or the general aggregate limit shall be twice the occurrence limit. C. Commercial auto liability and property insurance covering any owned and rented vehicles of Consultant in a minimum amount of $1 million combined single limit per accident for bodily injury and property damage. D. Professional errors and omissions insurance which covers the services to be performed in connection with this Agreement in the minimum amount of one million Dollars ($1,000,000). Said policy or policies shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days' prior notice has been given in writing to City. Consultant shall give City prompt and timely notice of claim made or suit instituted arising out of Consultant's operation hereunder. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. Consultant agrees that in the event of loss due to any of the perils for which it has agreed to provide comprehensive general and automotive liability insurance, that Consultant shall look solely to its insurance for recovery. Consultant hereby grants to City, on behalf of any insurer providing comprehensive general and automotive liability Ra 0 0 insurance to either Consultant or City with respect to the services of Consultant herein, a waiver of any right of subrogation which any such insurer of said Consultant may acquire against City by virtue of the payment of any loss under such insurance. 14. PROHIBITION AGAINST TRANSFERS Consultant shall not assign, sublease, hypothecate or transfer this Agreement or any of the services to be performed under this Agreement, directly or indirectly, by operation of law or otherwise without prior written consent of City. Any attempt to do so without consent of City shall be null and void. The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or co- tenant if Consultant is a partnership or joint- venture or syndicate or co- tenancy, which shall result in changing the control of Consultant, shall be construed as an assignment of this Agreement. Control means fifty percent (50 %) or more of the voting power, or twenty -five percent (25 %) or more of the assets of the corporation, partnership orjoint- venture. 15. OWNERSHIP OF DOCUMENTS Each and every report, draft, work product, map, record and other document reproduced, prepared or caused to be prepared by Consultant pursuant to or in connection with this Agreement shall be the exclusive property of City. Documents, including drawings and specifications, prepared by Consultant pursuant to this Agreement are not intended or represented to be suitable for reuse by City or others on any other project. Any use of completed documents for other projects -10- 0 E and any use of incomplete documents without specific written authorization from Consultant will be at City's sole risk and without liability to Consultant. Further, any and all liability arising out of changes made to Consultant's deliverables under this Agreement by City or persons other than Consultant is waived as against Consultant and City assumes full responsibility for such changes unless City has given Consultant prior notice and has received from Consultant written consent for such changes. Consultant shall, at such time and in such forms as City may require, furnish reports concerning the status of services required under this Agreement. 16. CONFIDENTIALITY The information, which results from the services in this Agreement, is to be kept confidential unless the release of information is authorized by City. 17. CITY'S RESPONSIBILITIES In order to assist Consultant in the execution of his responsibilities under this Agreement, City agrees to provide the following: A. City will provide access to and upon request of Consultant, provide one copy of all existing record information on file at City. Consultant shall be entitled to rely upon the accuracy of data information provided by City or others without independent review or evaluation. City will provide all such materials in a timely manner so as not to cause delays in Consultant's work schedule. SEE B. Provide blueprinting, CADD plotting, copying and other services through City's reproduction company for each of the required submittals. Consultant will be required to coordinate the required submittals with City's reproduction company. All other reproduction will be the responsibility of Consultant and as defined above. 18. ADMINISTRATION This Agreement will be administered by the Public Works Department. Bill Patapoff, City Engineer, shall be considered the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator or his /her authorized representative shall represent City in all matters pertaining to the services to be rendered pursuant to this Agreement. 19. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit and make transcripts or copies of such records. Consultant shall allow inspection of all work, data, documents, proceedings and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. -12- 20. WITHHOLDINGS City may withhold payment of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Consultant shall not discontinue work for a period of thirty (30) days from the date of withholding as a result of such withholding. Consultant shall have an immediate right to appeal to the City Manager or his designee with respect to such disputed sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of seven percent (7 %) per annum from the date of withholding of any amounts found to have been improperly withheld. 21. ERRORS AND OMISSIONS In the event of errors or omissions that are due to the negligence or professional inexperience of Consultant which result in expense to City greater than would have resulted if there were not errors or omissions in the work accomplished by Consultant, the additional design, construction and /or a restoration expense shall be borne by Consultant. Nothing in this paragraph is intended to limit City's rights under any other sections of this Agreement. 22. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other consultants in connection with Project. 23. CONFLICTS OF INTEREST A. Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act'), which (1) requires such persons to disclose financial interest that may foreseeably be materially -13- 0 0 affected by the work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. B. If subject to the Act, Consultant shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for termination of this Agreement by City. Consultant shall indemnify and hold harmless City for any and all claims for damages resulting from Consultant's violation of this Section. 24. SUBCONSULTANT AND ASSIGNMENT Except as specifically authorized under this Agreement, the services included in this Agreement shall not be assigned, transferred, contracted or subcontracted without prior written approval of City. 25. NOTICES All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered personally or on the third business day after the deposit thereof in the United States mail, postage prepaid, first class mail, addressed as hereinafter provided. -14- • • All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: Bill Patapoff, City Engineer City of Newport Beach 3300 Newport Boulevard P. O. Box 1768 Newport Beach, CA, 92658 -8915 (949) 644 -3311 Fax (949) 644 -3318 All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: Attention: Don McDougald, Vice President Van Dell and Associates, Inc. 17801 Cartwright Road Irvine, CA 92614 (949) 474 -1400 Fax (949) 261 -8482 26. TERMINATION In the event either part hereto fails or refuses to perform any of the provisions hereof at the time and in the manner required hereunder, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) days, or if more than two (2) days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) days after receipt by defaulting party from the other party of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the -15- M 0 • nondefaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. 26.1 City shall have the option, at its sole discretion and without cause, of terminating this Agreement by giving seven (7) days' prior written notice to Consultant as provided herein. Upon termination of this Agreement, City shall pay to Consultant that portion of compensation specified in this Agreement that is earned and unpaid prior to the effective date of termination. 27. COMPLIANCES Consultant shall comply with all laws, state or federal and all ordinances, rules and regulations enacted or issued by City. 28. WAIVER A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein whether of the same or a different character. 29. INTEGRATED CONTRACT This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions hereon. Any modification of this Agreement will be effective only by written execution signed by both City and Consultant. -16- 30. OPINION OF COST Any opinion of the construction cost prepared by Consultant represents his /her judgment as a design professional and is supplied for the general guidance of City. Since Consultant has no control over the cost of labor and material, or over competitive bidding or market conditions, Consultant does not guarantee the accuracy of such opinions as compared to contractor bids or actual cost to City. 31. COMPUTER DELIVERABLES CADD data delivered to City shall include the professional stamp of the engineer or architect in responsible charge of the work. City agrees that Consultant shall not be liable for claims, liabilities or losses arising out of, or connected with (a) the modification or misuse by City, or anyone authorized by City, of CADD data; (b) the decline of accuracy or readability of CADD data due to inappropriate storage conditions or duration; or (c) any use by City, or anyone authorized by City, of CADD data for additions to this Project, for the completion of this Project by others, or for any other project, excepting only such use as is authorized, in writing, by Consultant. By acceptance of CADD data, City agrees to indemnify Consultant for damages and liability resulting from the modification or misuse of such CADD data. All drawings shall be transmitted to the City in Auto Cad version 14 in ".dwg" file format. All written documents shall be transmitted to the City in Microsoft Word 97 and Microsoft Excel 97 and be consistent with Microsoft Office 97. -17- 0 9 32. PATENT INDEMNITY Consultant shall indemnify City, its agents, officers, representatives and employees against liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in Consultant's drawings and specifications provided under this Agreement. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. APPROVED AS TO FORM: ,l -.: AT By: LaVonne Harkless City Clerk CITY OF NEWPORT BEACH A Municipal C poration By: May City of Newport Beach Van Dell and Associates, Inc. f : \users\pbWshared\agreements \fy OMI % vandelf- ford- sanmiguel ahrp.doc M Cs-s� �. �. :. Vice President I • 0 PROPOSAL TO PROVIDE PROFESSIONAL ENGINEERING SERVICES FOR THE FY 2000 -01 ARTERIAL HIGHWAY REHABILITATION PROGRAM (AHRP) SAN MIGUEL DRIVE: SAN JOAQUIN HILLS ROAD TO FORD ROAD FORD ROAD: MACARTHUR BOULEVARD TO JAMBOREE ROAD September 7, 2000 (Revision) Submitted to: CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 3300 Newport Boulevard Newport Beach, CA 92668 Attn: Mr. Bill Patapoff, P.E., City Engineer Submitted by: VAN DELL AND ASSOCIATES, INC. Engineers • Planners • Surveyors 17801 Cartwright Road Irvine, Califomia 92614 (949) 474 -1400 (949) 261-8482 (Fax) Exhibit A Van Dell and Associates, Inc. Proposal to Provide Professional Engineering Services for the Arterial Highway Rehabilitation Program at San Miguel Drive and Ford Road TABLE OF CONTENTS Letter of Transmittal 1.0 INTRODUCTION .................................................................. ............................1 -1 2.0 PROJECT UNDERSTANDING ......................................... ............................2 -1 3.0 FIRM ........................................................................................ ............................3 -1 VanDell and Associates ...................................................... ............................3 -1 Relevant VA Experience and References ............................ ............................3 -2 4.0 PERSONNEL ........................................................................ ............................4 -1 KeyPersonnel ...................................................................... ............................4 -1 OrganizationChart ............................................................... ............................4 -2 5.0 SCOPE OF SERVICES ...................................................... ............................5 -1 6.0 SCHEDULE ........................................................................... ............................6 -1 GantChart ............................................................................ ............................6 -1 HoursAllocation Matrix ......................................................... ............................6 -3 7.0 FEES & EXPENSES ........................................................... ............................7 -1 September 6, 2000 0 SECTION 1.0 INTRODUCTION 0 Van Dell and Associates, Inc. 1.0 INTRODUCTION 0 Proposal to Provide Professional Engineering Services for Arterial Highway Rehabilitation Program at San Miguel Drive and Ford Road Van Dell and Associates, Inc. (VA) is pleased to submit this proposal in response to the City of Newport Beach request at our meeting on August 29, 2000. In accordance with the format of the request for proposals for FY 2000 -01 Arterial Highway Rehabilitations Program (AHRP) work issued July 26, 2000, this proposal is prepared for the resurfacing design of San Miguel Drive from San Joaquin Hills Road to Ford Road and Ford Road from MacArthur Boulevard to Jamboree Road. The Ford Road plans will exclude an approximately 700' segment previously done by others. Each of the two roadways will have separate plans, specifications and estimates (PS & E). Based on VA's experience on similar projects, a review of City documents relevant to this project and a visit to the site, the following sections of this proposal provide descriptions of: the project understanding, the firm's qualifications and experience, the personnel selected for the project team, the scope of services required to successfully complete the assignment, the schedule and allocation of time to the various tasks and the proposed fees and expenses for this project. N:WARKE nN% Prop2DOO %newporWftchZJNTRODUCnON.dw 1 -1 0 0 SECTION 2.0 PROJECT UNDERSTANDING 9 Van Deli and Associates, Inc. 2.0 PROJECT UNDERSTANDING n �J Proposal to Provide Professional Engineering Services for Arterial Highway Rehabilitation Program at San Miguel Drive and Ford Road The purpose of the proposed assignment is to prepare plans, specifications and costs for the pavement rehabilitation of two roadway segments: San Miguel Drive from San Joaquin Hills Road to Ford Road, a segment length of 7800'; and Ford Road from MacArthur Boulevard to Jamboree Road, which has a segment length of 4000', less a 700' segment recently resurfaced, for a net length of approximately 3300'. New digital topographic plans will be prepared at 40 scale for the two roadways and the pavement rehabilitation designs will be based on the geotechnical reports done by the County of Orange PFRD. The AC pavement rehabilitation will be comprised of identified areas for removal and reconstruction, and the remainder for 0.15 feet cold planning and overlay. All at- surface utility access lids and facilities will be identified as being protected in place or, where necessary, adjusted to grade. All concrete curb, gutter, sidewalk, driveways and access ramps will be inspected and, where required, repairs will be incorporated into the design. Any "median overlays" will be removed and a typical 6" median curb height maintained throughout. Existing longitudinal flow lines will be maintained or repaired and to the extent possible a minimum cross -fall slope of 1.7% maintained. No other drainage improvements are required for this project. If missing or nonstandard, access ramps will be added or modified at intersection curb returns. A separate set of 40 scale striping plans will be prepared with traffic signal loop replacement details. If the timing is appropriate, the striping and loop details will be added for the new traffic signals being constructed along San Miguel Drive by other City of Newport Beach plans. No pavement changes from AC to PCC at current bus stop locations are required at this time because of possible changes to bus routes and bus stops in the area. N:%M ARKETMWmp2OOftewporft =hZiPROJEOT_UNDERSTANDING.dw 2-1 Van Dell and Associates, Inc. • • Proposal to Provide Professional Engineering Services for Arterial Highway Rehabilitation Program at San Miguel Drive and Ford Road 3.0 FIRM VA will be the prime consultant on this project responsible for field surveys, roadway design, traffic engineering and utilities coordination. Following in this section is a brief description of VA and the firm's relevant experience. K eMIFT;rWrrT-T;tnr,T-1m M, Van Dell and Associates, Inc. was established in 1974 and currently has staff of 35 to provide high - quality engineering, planning, and surveying services to public agency and private sector clients throughout Southern California. The firm, which operates out of a single office located in Irvine, is medium -sized with the ability to do large complex projects. Over the past several years, our work mix has included a substantial amount of public infrastructure design and rehabilitation. Our technical staff consists of professional engineers and land surveyors with the broad range of expertise needed for creative solutions to complicated projects. VA applies the latest technical systems on its projects and this, coupled with our experienced staff, has helped VA accumulate an impressive record of accomplishments in the fields of: • Streets and Highways Design and Rehabilitation • Transportation and Traffic Engineering • Flood Control and Storm Drain Design • Bridges and Retaining Structures • Domestic Water Systems Design • Assessment and Fee Districts Engineering • Land Development Engineering • Photogrammetric and Topographic Surveying • Records of Survey and Monumentation • Tract Maps Preparation • Construction Staking • Boundary and ALTA Surveys • Right -of -Way Engineering • Construction Management • Reclaimed Water Systems • Traffic Signal Design • Site Planning and Design • Wastewater Facilities Design VA's commitment to client service relies heavily upon the personal involvement of our principals in each project. This approach has ensured success in achieving client objectives while maintaining the quality and the attention to detail necessary to obtain acceptance and approval from applicable authorities and agencies. VA's involvement on such engineering assignments is typically as the prime consultant. As required, we are able to supplement our own skill base with similarly well - qualified sub - consultants in complementary fields such as geotechnical engineering and landscape architecture. N:NARKFM%Pmp2000 mpw aac MIRM $.doe 3 -1 Van Dell and Associates, Inc. • • Proposal to Provide Professional Engineering Services for Arterial Highway Rehabilitation Program at San Miguel Drive and Ford Road The following are detailed descriptions of some of Van Dell and Associates' relevant projects successfully completed by our staff that demonstrate our competence to perform work similar in scope and magnitude to that required for the City of Newport Beach. ALICIA PARKWAY AND JERONIMO PARKWAY INTERSECTION WIDENING PROJECT Mission Viejo, California VA was selected by the City of Mission Viejo to design and prepare PS &E for improvements to the Alicia Parkway and Jeronimo Parkway intersection. This intersection is being designed to include additional left and right turn lanes on all approaches. The project also includes designing a dual left -turn lane on eastbound Alicia Parkway at Via Fabricante. The project involves close coordination with utility companies and the Santa Margarita Water District. Design of new curbs and gutters as well as pavement replacement/resurfacing will be included in this project. Traffic signal modifications and striping plan preparation is also included in the scope of work. Client: City of Mission Viejo Contact: Mark Chagnon 25909 Pala, Suite 200 Project Manager Mission Viejo, CA 92691 (949) 470 -3091 ACCELERATED ROAD CONSTRUCTION PROGRAM (ARCP) County of Los Angeles, CA VA is currently in the process of finalizing construction plans and specifications for the Los Angeles County Department of Public Works Street Rehabilitation Program. The project includes street resurfacing design, traffic signal upgrades, traffic loop restoration, striping plan preparation, and utilities coordination for Rosecrans Avenue, Avalon Boulevard, and Wilmington Avenue. Client: Los Angeles County Contact: Farhad Agahi Public Works Department (626) 458 -7871 9005 S. Fremont Avenue Alhambra, CA 91803 LA PAZ ROAD PAVEMENT REHABILITATION AND ROADWAY RESTR/P/NG Mission Viejo, California VA was selected by the City of Mission Viejo to prepare PS &E for application of a slung seal and the re- striping of on- street bike lanes along a 1.4 -mile section of La Paz Road from east of Marguerite Parkway to Olympiad Road. Areas of existing roadway pavement were also identified for removal and reconstruction. In addition, the plans included a seal coat for an adjacent off - street bike trail along La Paz Road. As part of this project, VA performed a field survey to determine existing roadway geometrics for the project base sheets created in AutoCAD. N:4MRKE-nNXPMP2000VMW P WboaCa.FIRMS.Cx 3 -2 Van Dell and Associates, Inc. • Client. City of Mission Viejo 25909 Pala, Suite 200 Mission Viejo, CA 92691 • Proposal to Provide Professional Engineering Services for Arterial Highway Rehabilitation Program at San Miguel Drive and Ford Road Contact: Mark Chagnon Project Manager (949) 470 -3091 MEASURE M PROJECT APPLICATION PREPARATION Santa Ana, California VA was responsible for conceptual design, operational analysis, and preliminary construction cost estimates for City of Santa Ana intersection widening and roadway projects to be included in the Combined Transportation Funding Program (CTFP). This program is part of Measure M and is administered by the Orange County Transportation Authority (OCTA). These projects have included such intersections as Main Street and MacArthur Boulevard, Seventeenth Street and Tustin Avenue, Bristol Street and MacArthur Boulevard, and McFadden and Main Street, all arterial highways. VA also prepared a conceptual design and construction cost estimate for the widening of Dyer Road from Main Street to the Route 55 southbound on -ramp, and Main Street widening from Dyer Road to Goetz Avenue. Client: City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92702 N RKETWrop200o "pods a02WIRMS.tl c 3 -3 Contact: Joyce Amerson Transportation Mgr. (714) 647 -5655 Van Dell and Associates, Inc. • • Proposal to Provide Professional Engineering Services for Arterial Highway Rehabilitation Program at San Miguel Drive and Ford Road STREET REHABILITATION /RESURFACING - GROUP 3 ( Calle Puente), GROUP 4 (Rosa), GROUP 7 (El Levante) San Clemente, CA VA prepared construction plans and specifications for Group 3 (1998- 1999), Group 4 (1997- 1998) and Group 7 (1996 -1997) street rehabilitation projects for the City of San Clemente. Street improvement plans consisted of design for pavement overlay and reconstruction based upon the design recommendation by VA subsequent to the pavement boring and deflection testing results conducted by the VA team geotechnical sub - consultant. Comprehensive field survey was conducted to identify damaged curbs and gutters as well as localized drainage problem areas. Plans and specifications for water main replacement were prepared for final document submittal which also identified all valve, manhole covers, and other appurtenances which needed to be raised to grade for Group 4 and Group 7. Client: City of San Clemente Public Works Department 910 Calle Negocio, Suite 100 San Clemente, CA 92673 SUNKIST AVENUE DRAIN Los Angeles County, CA Contact: Hamid Torkamanha (949) 361 -6139 VA prepared final plans for the construction of two new storm drain mains as part of a project that is planned by the County of Los Angeles Department of Public Works. The proposed storm drain will be constructed in Sunkist Avenue between Homeward Street and Nelson Avenue in the City of La Puente and also in Amar Road and Sunkist Avenue within the County of Los Angeles' unincorporated boundaries. As part of this project, all existing slotted cross gutters along the proposed storm drain alignment will be replaced with non - slotted cross gutters or they will be eliminated. Client: Los Angeles County Department of Public Works 900 S. Fremont Alhambra, CA 90813 Contact: Carl Chow Project Manager (626) 458 -7853 LOWER PETERS CANYON ROADWAY TRAFFIC IMPROVEMENTS City of Tustin, City of Irvine, California VA prepared traffic PS &E for improvement of roadways as part of development by the Irvine Community Development Company of the Lower Peters Canyon area in the Cities of Irvine and Tustin. As part of design of roadway improvements to Jamboree Road and Irvine Boulevard, both major arterial highways, and to new roadways to serve commercial development, VA prepared traffic signing and striping plans, traffic signal plans, and traffic control plans. The traffic improvements were part of two separate PS &E packages, one for each agency. The traffic signal plans included design of eight signal modifications and design of one new signal. The traffic control plans were designed for two phases of project construction. NN.IARKETWmp2000N WrlbeachZFIRMS.doc 3 -4 Van Dell and Associates, Inc. • • Proposal to Provide Professional Engineering Services for Arterial Highway Rehabilitation Program at San Miguel Drive and Ford Road Client. Irvine Community Development Company Contact. Doug Anderson P. O. Box 6370 Transportation Eng. Newport Beach, CA 92658 City of Tustin (714) 573 -3172 THE GROVES STORM DRAIN TRAFFIC CONTROL DESIGN Irvine, California VA was responsible for the preparation of traffic control plans for the construction of a new 36- inch storm drain line from The Groves Mobile Home Park to Trabuco Road in the City of Irvine. The storm drain line has an alignment length of approximately 4,200 feet and will be constructed in Remington Street, a residential street, and Eastwood, a Secondary Highway, and will cross Bryan Avenue, a primary arterial highway. The traffic control will be staged in four phases on Eastwood, and two phases each on Trabuco Road and Bryan Avenue and requires six sheets of plans. Client: City of Irvine One Civic Center Plaza Irvine, CA 92623 -9575 Contact: Mike Loving Senior Project Manager (949) 724 -6315 COUNTY STORM DRAIN FACILITY - IRVINE SPECTRUM 6 Irvine, CA VA prepared the hydrology report, hydraulic analysis, construction drawings and estimates for 1,600 lineal feet of 48 inch mainline storm drain along Laguna Canyon Road including all the catch basins and laterals and onsite drainage systems as part of street improvement plans for the proposed development in Spectrum 6. The scope of work included design of the connection of the mainline storm drain to the existing outfall to San Diego Creek. VA also prepared the plans for the second phase of this project which includes extension of the 48 inch storm drain. Client: Irvine Industrial & Business Properties Division 550 Newport Center Drive Newport Beach, CA 92660 TRAFFIC SIGNAL INVENTORY REPORT Garden Grove, California Contact., Tom Lee Dir. of Project Mgmt. (949) 720 -2243 VA was responsible for a field inventory and analysis of 105 city operated traffic signals within the City of Garden Grove as part of a study to determine the cost of upgrading all signals within the City to current standard. All equipment, including the signal cabinet, controller, pole standards, signal heads, luminaries, detection, and type of interconnection were inventoried at each location. The project also included updating the record drawing for each signal based on the field inventory, a photographic survey of each signal, and recording the existing timings set in the controller. A summary report was prepared identifying the required upgrades at each signal location and their cost. The estimated cost to upgrade all signals within the City to current City of Garden Grove standard is $5.3 million. W: RKE W.P20001newport ach IRMS,d. 3 -5 Van Dell and Associates, Inc. 0 Proposal to Provide Professional Engineering Services for Arterial Highway Rehabilitation Program at San Miguel Drive and Ford Road Client. City of Garden Grove Contact., George L. Allen, P.E. 11222 Acacia Parkway City Traffic Engineer Garden Grove, CA 92842 (714) 741 -5190 NWARKETMWMp20D01na Mp acY2TIRMS.Eoc 3 -6 0 0 SECTION 4.0 PERSONNEL Van Dell and Associates, Inc. 4.0 PERSONNEL 4.1 ORGANIZATION CHART 0 Proposal to Provide Professional Engineering Services for Arterial Highway Rehabilitation Program at San Miguel Drive and Ford Road The efficient and successful design completion of the proposed San Miguel Drive and Ford Road improvements will be accomplished by the assignment of highly qualified and experienced engineering staff. The personnel selected for the VA team have extensive experience in projects similar to the proposed street improvement project and understand its requirements. The team Organization Chart on the following page presents the individual assignments, reporting relationships, and key personnel assembled for this project. The professionals listed are currently available to the extent proposed for the duration of the proposed assignment, and no person designated as key to this project shall be removed or replaced without the prior written concurrence of the City of Newport Beach. Additional staff members are available to meet peak workload requirements and to support the assigned professionals in the timely completion of their project responsibilities. 4.2 KEY PERSONNEL Don McDougald will be the Project Manager for the VA team. Farhad Mohammadi will be the Roadway Design Engineer responsible for street pavement rehabilitation design. Keith Rutherfurd will be responsible for preparation of striping plans and traffic signal loop reconstruction plans. Steve Dopudja will be responsible for utility coordination. Don Gordon will be responsible for field surveys and base topographic map preparation. Brief descriptions of these individuals are provided below. DON B. McDOUGALD PROJECT MANAGER Don McDougald will be the Project Manager responsible for the project administration, client coordination and design team supervision. Mr. McDougald has over 30 years of experience in the field of transportation planning and engineering, with an emphasis on project management of transportation and public works projects. He was the Project Manager of the VA team participating on the surveying, roadway design and right of way engineering of the San Joaquin Hills Transportation Corridor. Miscellaneous other Orange County roadway, traffic signal and pavement design projects that he has managed are: • La Paz Road Pavement Rehabilitation and Roadway Restriping, Mission Viejo • Pacific Coast Highway Widening, Newport Beach and Huntington Beach • State Route 55 Widening, Walnut Avenue to Taft Avenue, Orange • Lake Forest Drive Highway Improvements, Irvine • Portola Parkway /Jeffrey Road /Sand Canyon Avenue, Orange County N:% MARKET IMPmp200RXnewportbeach2LOERSONNELdx 4 -1 O O 0 0 < z < 6W CL u z 0 6W E Ec 0 Cd < La Z CL 6W Z >o V 3 z F- 0 u z 0 6W E < La Z c 6W Z >o V 3 z 0 o 0 0 0 Van Dell and Associates, Inc. FARHAD MOHAMMADI 0 Proposal to Provide Professional Engineering Services for Arterial Highway Rehabilitation Program at San Miguel Drive and Ford Road ROADWAY DESIGN ENGINEER Farhad Mohammadi will be Roadway Design Engineer and the key person responsible for street design, and construction plan and specification preparation for the City of Newport Beach project. He has over 12 years civil engineering experience and a comprehensive background in infrastructure design, and construction management. Mr. Mohammadi's civil engineering experience includes: highway and street improvements design, storm drain and flood control facilities, sewer systems; construction management, and engineering cost estimates. He has served as project engineer or lead engineer for several significant street and highway projects completed by VA, including: • Rosecrans Avenue, Avalon Boulevard, Wilmington Avenue Street Rehabilitation/ Resurfacing, Los Angeles County Department of Public Works • Calle Puente Street Rehabilitation /Resurfacing, San Clemente • Portola Parkway /Jeffrey Road /Sand Canyon Avenue Design and Construction Engineering Support, Irvine • Barranca Parkway, Irvine • 1 -405 Northbound Harbor Boulevard Off -ramp, Costa Mesa • State Route 55 Widening, Walnut Avenue to Taft Avenue, Orange KEITH R. RUTHERFURD, TE TRAFFIC ENGINEER Keith Rutherfurd, a registered traffic engineer, will be responsible for the striping plans and traffic signal loop reconstruction designs. His involvement in street and highway design on numerous projects has afforded him a comprehensive knowledge of local and state code requirements and design standards. Mr. Rutherfurd has been the lead design engineer on signing, striping, and traffic signal improvements for a long list of projects in Southern California. He has worked on several assignments involving Caltrans and has extensive experience in traffic engineering plan design, transportation /traffic studies and reports, traffic/parking data collection and analysis, and computer applications. Relevant projects on which Mr. Rutherfurd has provided similar support include: • Rosecrans Avenue, Avalon Boulevard, Wilmington Avenue Street Rehabilitation/ Resurfacing, Los Angeles County Department of Public Works (currently in design) • El Levante Street rehabilitation /resurfacing, San Clemente (Group 7) • Rosa Street Rehabilitation /Resurfacing, San Clemente (Group 3) • Calle Puente Street Rehabilitation /Resurfacing, San Clemente (Group 4) • La Paz Road Pavement Rehabilitation and Roadway Restriping, Mission Viejo • Pacific Coast Highway Widening, Newport Beach and Huntington Beach • State Route 55 Widening, Walnut Avenue to Taft Avenue, Orange • Lake Forest Drive Highway Improvements, Irvine • Warner Avenue Widening and Improvements, Irvine • Portola Parkway /Jeffrey Road /Sand Canyon Avenue, Orange County N:WARKEnNXProp2UMne rftach2%PERSONNEL.E 4 -2 Van Dell and Associates, Inc. Proposal to Provide Professional Engineering Services for Arterial Highway Rehabilitation Program at San Miguel Drive and Ford Road STEVE DOPUDJA UTILITIES COORDINATOR Steve Dopudja will be responsible for utilities coordination. Mr. Dopudja has worked on numerous utility projects as well as residential development and roadway projects. He is experienced in utility projects ranging from master plans to design and construction support. This experience has brought him familiarity with utility companies in general, their perspective and requirements. Projects on which Mr. Dopudja has worked include: • Planning Area 12 Oak Creek Infrastructure Improvements, Irvine, CA • Portola Parkway Infrastructure Improvements, Irvine, CA • Newport Coast Planning Areas 5 & 6 Concept Study and Design of Utilities, • Shady Canyon Development Water Facilities Planning and Design • Ladera Sewer Feasibility Study • Crescenta Valley Water Master Plan DON R. GORDON, PE SURVEY COORDINATOR Don Gordon will be responsible for field survey coordination and base topographic map preparation. As a civil engineer, Mr. Gordon has over 31 years of consulting experience with broad public works expertise including street widening and overlay projects and highway and freeway design and construction. He has a strong background in all aspects of roadway and pavement rehabilitation design including the requirements for and delivery of design surveys and topographic mapping. Projects on which Mr. Gordon has had extensive involvement include: • El Toro Road Widening and Pavement Overlay, County of Orange • Culver Drive Widening and Overlay, Irvine • Ranch Viejo Road Widening and Re- alignment, San Juan Capistrano • San Joaquin Hill Transportation Corridor Program Management • Oso Parkway Interchange with Foothill Transportation Corridor NIMARKEfMWmp2DOMnewpordmeh2 %PERSONNEL.dw 4 -3 0 0 SECTION 5.0 SCOPE OF SERVICES i Van Dell and Associates, Inc. 5.0 SCOPE OF SERVICES • Proposal to Provide Professional Engineering Services for Arterial Highway Rehabilitation Program at San Miguel Drive and Ford Road 5.1 Data Collection / Site Reconnaissance Upon receipt of the notice to proceed, a kick -off meeting will be held with the City to finalize project content and schedule details. All relevant project data including City provided as -built plans, photographs and geotechnical reports will be assembled and assessed for possible incorporation into the design. A site reconnaissance will be done: to assess the condition of the existing pavement relative to the geotechnical report; to assess the condition of the PCC curb, gutter, sidewalks, driveways and access ramps; and to document the types and locations of all at grade or above utility features. Photographing and videotaping of site details and unique features will be done for reference during the design. 5.2 Field Survey Based on available County of Orange horizontal and vertical control for the area, a field survey will be done to check cross slopes for both roadway segments and to check longitudinal flow line elevations at locations were curb and gutter repairs are necessary. The areas requiring surveys will be determined from the site reconnaissance in task 5.1. In areas surveyed the xyz location of above ground utilities (manholes, vault lids, etc.) will be determined to supplement the utility location work in task 5.1. The cross slope confirmation measurements will be done from curb to curb. The collected survey point data will be reduced to fit the project coordinates and plotted for reference during the design. 5.3 Utility Coordination VA will prepare and distribute first and second utility notices and follow up with appropriate action based on utility company responses. Utility plans and atlases will be reviewed before the task 5.1 site reconnaissances to identify existing surface utility locations to be confirmed in the field. Utility plans and atlases will be reviewed again after the site reconnaissance to compare the existing documentation with the findings from the field. Potential utility conflicts with proposed roadway improvements will be determined, reviewed with the affected utility company and resolved. Determined utility adjustment requirements resulting from the proposed roadway resurfacing will be documented on the plans. 5.4 Design Confirmation Based on reviews of as -built plans, geotechnical reports, utility documentation, field survey data and site reconnaissance findings, the roadway rehabilitation and PCC modification requirements will be determined and documented for each roadway segment. These determined /documented requirements will be reviewed with the City for confirmation before incorporation into the two designs. 5.5 Base Drawing Preparation Using data from as -built drawings, horizontal layouts for the two roadways will be reconstructed in AutoCAD for the subsequent design. These base drawings will illustrate existing edges of pavement, gutter flow lines, backs of curb, sidewalks, driveways, curb returns and access ramps. N ;WARKETIMpmp20IXMewporftw- hZSCOPE OF_SERMCES.dm 5-1 0 Van Dell and Associates, Inc. Proposal to Provide Professional Engineering Services for Arterial Highway Rehabilitation Program at San Miguel Drive and Ford Road 5.6 Design Drawings The design plans for San Miguel Drive will be comprised of the following drawings: - Title Sheet (1 sheet) - project title, location map, general notes and sheet index. - Detail Sheet (1 sheets) - typical sections and roadway construction details. - Pavement Rehabilitation Plans (4 sheets) — two strips will be show on each sheet at scale 1" = 40' (plan view only). These layout plans will include: pavement reconstruction, grinding and overlay, utility information and required repairs to gutters, curbs, sidewalks and driveways. Where necessary intersection access ramps will be added or modified in accordance with current Caltrans' standards. - Signing and Striping Plans (4 sheets) — two strips will be shown on each sheet at scale 1" = 40'. These plans will show the reestablishment of all existing roadway striping and pavement markings in addition to the locations and types of existing traffic signs within the project limits. Should VA note the need for additional signs, or the removal of existing ones, these items will also be included on the plans. All signing and striping improvements will be designed according to City of Newport Beach guidelines, and Caltrans standard details and specifications for traffic signing and striping and markings. Traffic signal loop replacements and additions for new signals will also be shown on these plans. The design plans for Ford Road will be comprised of the following drawings: - Title Sheet (1 sheet) - project title, location map, general notes and sheet index. - Detail Sheet (1 sheets) - typical sections and roadway construction details. - Pavement Rehabilitation Plans (2 sheets) — two strips will be show on each sheet at scale 1" = 40' (plan view only). These layout plans will include: pavement reconstruction, grinding and overlay, utility information and required repairs to gutters, curbs, sidewalks and driveways. Where necessary intersection access ramps will be added or modified in accordance with current Caltrans' standards. - Signing and Striping Plans (2 sheets) — two strips will be shown on each sheet at scale 1" = 40'. These plans will show the reestablishment of all existing roadway striping and pavement markings in addition to the locations and types of existing traffic signs within the project limits. Should VA note the need for additional signs, or the removal of existing ones, these items will also be included on the plans. All signing and striping improvements will be designed according to City of Newport Beach guidelines, and Caltrans standard details and specifications for traffic signing and striping and markings. Traffic signal loop replacements and additions for new signals will also be shown on these plans. NAMARKETIN\Prop2OOQV vpmlbe ZSCOPE_OF_SERMESAW 5 -2 Van Dell and Associates, Inc. Proposal to Provide Professional Engineering Services for Arterial Highway Rehabilitation Program at San Miguel Drive and Ford Road The above described plan sets will be submitted for review when they are 50% and 100% complete. Review comments will be addressed and the plans revised, as required. A subsequent Final Plans submittal will be made for City approval prior to the preparation of the mylars for signatures. 5.7 Specifications, Quantities and Cost Estimate Contract specifications including special provisions, standard general provisions, and construction contract agreement documents will be prepared. The City will provide the 'boiler plate" for the specification and bid documents. Quantity take off sheets will be prepared along with both preliminary and final cost estimates for the designed improvements. Quantity take -offs and cost estimates will be prepared to show the splits between AHRP eligible and non - eligible items. AHRP items will be split between Federal and City shares per the approved applications. The specifications will be submitted for review with the 100% complete plans. Review comments will be addressed and the specifications revised, as required. A subsequent final submittal will be made for City approval. 5.8 Caltrans Coordination Subsequent to completion of the design for the City of Newport Beach, VA will coordinate with Caltrans District 12 to obtain the E -76 "permission to advertise" authorization from Caltrans/FHWA. 5.9 Construction Services During the post- design bidding and construction phases, VA will assist the City with clarification of the design, as required, including plan modifications for changed site conditions, and the preparation of "record" drawings from redlines provided by the contractor and /or City personnel. 5.10 Meetings and Coordination VA will be responsible for the quality, schedule and budget control of the subject assignment. Progress meetings will be held with the City as often as is deemed necessary to provide status updates and to address specific design issues. Minutes will be prepared and circulated to attendees. Other communications including telephone calls, faxes, and a -mails will supplement the meetings as necessary, with hard copy records prepared and circulated to the individuals involved. The following items are excluded from this Scope of Services: - Drainage Design - Potholing - Rubberized AC - Traffic Control - Roadway Profiles - Geotechnical Reports - Right -of -Way Documentation - Landscaping and Irrigation N:NARKEnN%Pmp200NnewpoMeacA PE5 OF SERVICES.dw 5 -3 0 Van Dell and Associates, Inc. 5.0 SCOPE OF SERVICES P Proposal to Provide Professional Engineering Services for Arterial Highway Rehabilitation Program at San Miguel Drive and Ford Road 5.1 Data Collection / Site Reconnaissance Upon receipt of the notice to proceed, a kick -off meeting will be held with the City to finalize project content and schedule details. All relevant project data including City provided as -built plans, photographs and geotechnical reports will be assembled and assessed for possible incorporation into the design. A site reconnaissance will be done: to assess the condition of the existing pavement relative to the geotechnical report; to assess the condition of the PCC curb, gutter, sidewalks, driveways and access ramps; and to document the types and locations of all at grade or above utility features. Photographing and videotaping of site details and unique features will be done for reference during the design. 5.2 Field Survey Based on available County of Orange horizontal and vertical control for the area, a field survey will be done to check cross slopes for both roadway segments and to check longitudinal flow line elevations at locations were curb and gutter repairs are necessary. The areas requiring surveys will be determined from the site reconnaissance in task 5.1. In areas surveyed the xyz location of above ground utilities (manholes, vault lids, etc.) will be determined to supplement the utility location work in task 5.1. The cross slope confirmation measurements will be done from curb to curb. The collected survey point data will be reduced to fit the project coordinates and plotted for reference during the design. 5.3 Utility Coordination VA will prepare and distribute first and second utility notices and follow up with appropriate action based on utility company responses. Utility plans and atlases will be reviewed before the task 5.1 site reconnaissances to identify existing surface utility locations to be confirmed in the field. Utility plans and atlases will be reviewed again after the site reconnaissance to compare the existing documentation with the findings from the field. Potential utility conflicts with proposed roadway improvements will be determined, reviewed with the affected utility company and resolved. Determined utility adjustment requirements resulting from the proposed roadway resurfacing will be documented on the plans. 5.4 Design Confirmation Based on reviews of as -built plans, geotechnical reports, utility documentation, field survey data and site reconnaissance findings, the roadway rehabilitation and PCC modification requirements will be determined and documented for each roadway segment. These determined /documented requirements will be reviewed with the City for confirmation before incorporation into the two designs. 5.5 Base Drawing Preparation Using data from as -built drawings, horizontal layouts for the two roadways will be reconstructed in AutoCAD for the subsequent design. These base drawings will illustrate existing edges of pavement, gutter flow lines, backs of curb, sidewalks, driveways, curb returns and access ramps. NIMARKET1MProp2OOa,m. o ch2ZMPE_OF SERVICES.da 5 -1 Exhibit A 0 Van Dell and Associates, Inc. 5.6 Design Drawings The design plans for San drawings: 0 Proposal to Provide Professional Engineering Services for Arterial Highway Rehabilitation Program at San Miguel Drive and Ford Road Miguel Drive will be comprised of the following Title Sheet (1 sheet) - project title, location map, general notes and sheet index. Detail Sheet (1 sheets) - typical sections and roadway construction details. Pavement Rehabilitation Plans (4 sheets) — two strips will be show on each sheet at scale 1" = 40' (plan view only). These layout plans will include: pavement reconstruction, grinding and overlay, utility information and required repairs to gutters, curbs, sidewalks and driveways. Where necessary intersection access ramps will be added or modified in accordance with current Caltrans' standards. Signing and Striping Plans (4 sheets) — two strips will be shown on each sheet at scale 1" = 40'. These plans will show the reestablishment of all existing roadway striping and pavement markings in addition to the locations and types of existing traffic signs within the project limits. Should VA note the need for additional signs, or the removal of existing ones, these items will also be included on the plans. All signing and striping improvements will be designed according to City of Newport Beach guidelines, and Caltrans standard details and specifications for traffic signing and striping and markings. Traffic signal loop replacements and additions for new signals will also be shown on these plans. The design plans for Ford Road will be comprised of the following drawings: - Title Sheet (1 sheet) - project title, location map, general notes and sheet index. - Detail Sheet (1 sheets) - typical sections and roadway construction details. - Pavement Rehabilitation Plans (2 sheets) — two strips will be show on each sheet at scale 1" = 40' (plan view only). These layout plans will include: pavement reconstruction, grinding and overlay, utility information and required repairs to gutters, curbs, sidewalks and driveways. Where necessary intersection access ramps will be added or modified in accordance with current Caltrans' standards. - Signing and Striping Plans (2 sheets) — two strips will be shown on each sheet at scale 1" = 40'. These plans will show the reestablishment of all existing roadway striping and pavement markings in addition to the locations and types of existing traffic signs within the project limits. Should VA note the need for additional signs, or the removal of existing ones, these items will also be included on the plans. All signing and striping improvements will be designed according to City of Newport Beach guidelines, and Caltrans standard details and specifications for traffic signing and striping and markings. Traffic signal loop replacements and additions for new signals will also be shown on these plans. N WARNETN1Prop2OW .n �pwtbe ZSCOPE OF SERVICES.do 5-2 0 0 Van Dell and Associates, Inc. Proposal to Provide Professional Engineering Services for Arterial Highway Rehabilitation Program at San Miguel Drive and Ford Road The above described plan sets will be submitted for review when they are 50% and 100% complete. Review comments will be addressed and the plans revised, as required. A subsequent Final Plans submittal will be made for City approval prior to the preparation of the mylars for signatures. 5.7 Specifications, Quantities and Cost Estimate Contract specifications including special provisions, standard general provisions, and construction contract agreement documents will be prepared. The City will provide the "boiler plate" for the specification and bid documents. Quantity take off sheets will be prepared along with both preliminary and final cost estimates for the designed improvements. Quantity take -offs and cost estimates will be prepared to show the splits between AHRP eligible and non - eligible items. AHRP items will be split between Federal and City shares per the approved applications. The specifications will be submitted for review with the 100% complete plans. Review comments will be addressed and the specifications revised, as required. A subsequent final submittal will be made for City approval. 5.8 Caltrans Coordination Subsequent to completion of the design for the City of Newport Beach, VA will coordinate with Caltrans District 12 to obtain the E -76 "permission to advertise" authorization from Caltrans/FHWA. 5.9 Construction Services During the post- design bidding and construction phases, VA will assist the City with clarification of the design, as required, including plan modifications for changed site conditions, and the preparation of "record" drawings from redlines provided by the contractor and /or City personnel. 5.10 Meetings and Coordination VA will be responsible for the quality, schedule and budget control of the subject assignment. Progress meetings will be held with the City as often as is deemed necessary to provide status updates and to address specific design issues. Minutes will be prepared and circulated to attendees. Other communications including telephone calls, faxes, and a -mails will supplement the meetings as necessary, with hard copy records prepared and circulated to the individuals involved. The following items are excluded from this Scope of Services: - Drainage Design - Potholing - Rubberized AC - Traffic Control - Roadway Profiles - Geotechnical Reports - Right -of -Way Documentation - Landscaping and Irrigation NIMARKEn Pmp2000VwwpatDeachM =PE_OF_SERVICES.doc 5 -3 Van Dell and Associates, Inc. • • Proposal to Provide Professional Engineering Services for the Arterial Highway Rehabilitation Program at San Miguel Drive and Ford Road 6.0 PROJECT SCHEDULE The City's timetable calls for completion of the design by the end of January 2001. Based on the Notice to Proceed being received by the end of September, there are 14 weeks available to complete the PS &E by the end of December. The schedule below indicates the timing of the various tasks in accordance with a 14 week schedule. Tasks 8 & 9: Caltrans Coordination and Bidding, Awarding and Construction Support Services, will follow design. DESIGN SCHEDULE Task Description Months 2000 Months 2001 Oct I Nov I Dec IJanl Feb Mar A r Ma Jun Jul Aug Seo Oct 1 2 3 4 5 6 7 8 Notice to Proceed DATA COLLECTION / SITE RECON. FIELD SURVEYS UTILITY COORDINATION DESIGN CONFIRMATION BASE TOPOGRAPHY PREPARATION DESIGN DRAWINGS 3 submittals SPECS QUANTITY & COST ESTIMATES CALTRANS COORDINATION ... ... 9 BIDDING PROCESS _. ................. ........_....- .......... ...... .. ... _ ... -. .... ....... ...............__.. 10 CONTRACT AWARDING CONSTRUCTION SUPPORT SERVICES MEETINGS & COORDINATION ♦ ...... .... ......- _ ..._... Meet with City to Confirm Design Details Submit to City for 50% Plan Review _ _ Submit to City for 100% PS &E Review ._....._. ........ ....... Submit Final PS &E .. - City Reviews and Comments ...... ........... ...... VA Responses to City Comments N.W KEY: EVENTS .♦ DESIGN AND CONSTRUCTION SUPPORT SERVICES MEETINGS /COORDINATION CITY REVIEWS m 6-1 Van Dell and Associates. Inc• 6.1 PERSONNEL TIME ALLOCATIONS • Proposal to Provide Professional Engineering Services for the Arterial Highway Rehabilitation Program at San Miguel Drive and Ford Road The following matrix lists the time allocations by task and named personnel / classifications. This Personnel Time Allocation matrix indicates the anticipated level of effort required by each task and the proposed involvement by key personnel and others. N.\MARKETIN \Prop2000\new nbeach2 \TIMEALLOC.dm 6 -2 HOURS ALLOCATION MATRIX San Miguel Drive: San Joaquin Hills Road to Ford Road N.W. KUINWmp2W nervporibe h2gTIME LOT2.xls]ford 9/7/00 0 ° on E E E `- b�D C L CO C m "O O C A ° T d °- U O N p �n a fn 3 N W ° >, m c 'O c TASK ° 0- ` M Y F- 0 Z) °° fn a o U U) TOTALS Data Collection 2 6 4 12 Field Surveys 2 4 12 18 Utility Coordination 8 4 12 Design Confirmation 2 4 4 8 18 Base Topo Prep. 2 16 18 Pavement Plans 8 22 44 38 112 Striping & Signal Loops 2 16 32 50 Specs/ Quants/ Estimates 2 2 2 8 8 22 Caltrans Coordination 8 16 24 Bid & Constr. Services 8 12 6 8 8 42 Meetings /Coordination 16 8 4 4 32 TOTAL 48 54 32 12 4 28 112 46 12 12 360 N.W. KUINWmp2W nervporibe h2gTIME LOT2.xls]ford 9/7/00 HOURS ALLOCATION MATRIX Ford Road: MacArthur Boulevard to Jamboree Road 0 N:VA40.NETIN W mp20001ner�oM each2�fTIMEALOT2.sls�foN 9/7/00 o a y A E E .S D C N_ (n YO C O O m O W b0 p_ U o p U o U TASK ° a` �° Y t`— rn °° c'n a` co N TOTALS Data Collection 2 6 4 12 Field Surveys 2 2 8 12 Utility Coordination 6 3 9 Design Confirmation 2 4 4 10 Base Topo Prep. 2 8 10 Pavement Plans 4 12 24 22 62 Striping & Signal Loops 2 8 16 26 Specs/ Quants/ Estimates 2 3 6 6 17 Caltrans Coordination 4 8 12 Bid & Constr. Services 6 8 4 8 8 34 Meetings /Coordination 8 4 2 1 2 16 TOTAL 30 37 14 1 8 4 16 64 30 9 8 220 N:VA40.NETIN W mp20001ner�oM each2�fTIMEALOT2.sls�foN 9/7/00 0 0 SECTION 7.0 FEES & EXPENSES 0 Van Dell and Associates, Inc. 7.0 FEES Proposal to Provide Professional Engineering Services for Arterial Highway Rehabilitation Program at San Miguel Drive and Ford Road Based on VA's understanding of the project and the scope of services, as described, fees and expenses of $39,678.00 and $24,210.00 are proposed, for the San Miguel Drive and Ford Road segments, respectively. The total for both projects which includes all labor, materials, reprographics, and meetings required to prepare final PS &E, coordinate with Caltrans and provide construction support services for the pavement rehabilitation projects is $63,888.00. The Tables on pages 7 -2 and 7 -3 list the total hours by tasks and individual as well as the associated fees and expenses for the two projects. The VA Fee Schedule for the proposed work is provided on page 7 -4. The proposed fees and expenses for the subject assignment are valid for a period of ninety days from the date of this proposal. NtlMARKETIN \Prop2000�ewponbeach2\FEES.Eoc 7 -1 v 0 0 cc N VD 0 n E cc w lb t o m m ` L W °o. a U y 3 m Z N � W Z W w � w � O ¢° °z Q �'O y W U u°. LL 0 0 N y C y m r m y O N m C E 3 n g� 3 � 0 0 N d3 y f9 (9 N (9 N (H H) N N n m f9 f9 (7 y N i9 r f9 C (9 i9 IA m r NfA C N 6 � 19 W M Vf i9 f9 i9 M f9 M M f9 W W O fA O mfA O O M(Ah O O O f9M O O d3� O O fA O (flQ O O O O O r O fA O fAN N O fA 0 mfA 0 0 W 0 f9O 0 0 fA 0 4i 0 (A 0 d3 N m m O n H O F O r O N O m O m 0 0 0 0 N N 6 r 22 m m O O fO U LM N m m a'OQ o m (n fA y L t O N O f y L W o � � y Q U v a m aQmm m Arno fn y m O N m m m 0 OW r m d L � m m Q N N N n m m N m (O N m � L � N N N Q N N Q m m CN, N O y ' O N N m W 3 a y y W C a 3 Z m � NW W S2 z o w a V ¢ m z O O Q a w u V! = Z O F 7 Q m Z o z O m m ¢ a ¢ z c m Z .W y 1= r > to v g =O z y 0 > >, o ¢ O O O m.o y z U V c Q rnZ Ir O O fi Z ZZ y E O W r m U ro L G f O m O i U H Nm OO tZ OQ d N QW N y C y m r m y O N m C E 3 n g� 3 � IN v m 0 0 LL Q 0 IM A L V � � w f0 m M Q c � t m m O (� W 0.0 w 3 a Z Z m w 0 o carn c w U n M d N 0 c E i o ❑ co Z) X W 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O m O m fAmfA (h F»m fA� fn i� fA f9 V N O O)f9 f9 NfAm f9m fA0 EA f9 fA N3 O A fA f� O H 6 ` M F L N N O O CJ w o L N � V m N O O m (n N V O O O H N L C W 6ro m m m m m n vmo o y m L � p U v m m vmmm m Imo (n N taD p L O p m m N O O m N O a L of co L N N N m N N m m m O N O 2 12 N a L co e a o a N m C � 3 � w V 1- 0 Z Q m W m W m � m m m0 U Z Z > A O V w a O m m m $ Q e w w z O y ~ r 'w w z a m ¢ z O z O m a a a Q z rn c d Z m _ M O z > 0 ¢ v w ¢ ¢ U o m z W w O Z O a z m n Z O ¢ 0 o> _ 0 O m O Z Z uo '� (n ~ O N N, O Q r w `6 m o n F Q w w a w w ro` o ❑ m w o O In ❑ m trim O m C7 Q a m H d N 0 c E i VAN DELL AND ASSOCIATES, & 17801 Cartwright Road Irvine, California 92614 949/474 -1400 FAX 949/261 -8482 VAN DELL AND ASSOCIATES, INC. For City of Newport Beach Professional Engineering Services Staff Classification Flnurly Rata Clerical /Support Staff $ 40.00 Engineering Technical Support $ 50.00 CADD Operator /Drafter $ 85.00 Design /Survey Staff $ 95.00 Professional Staff $110.00 Senior Professional Staff /Project Manager $125.00 Two -Man Survey Crew $170.00 Three -Man Survey Crew $200.00 Notes: Engineers Planners Surveyors 1. Billing will be every four weeks. Invoices are due and payable on presentation. 2. Overtime, when requested by the client, will be surcharged at a rate of 135% of the standard hourly rates. Sundays and holidays will be surcharged at a rate of 170% of the standard hourly rates. N:WARKEnMVmp200ft . vpoft a hZCNBfonCMC .doe Exhibit B September 26, 2000 - CITY COUNCIL AGENDA ITEM NO. 8 APPROVED TO: Mayor and Members of the City Council FROM: Public Works Department SUBJECT: SAN MIGUEL DRIVE FROM SAN JOAQUIN HILLS ROAD TO FORD ROAD AND FORD ROAD FROM MACARTHUR BOULEVARD TO JAMBOREE ROAD REHABILITATION, CONTRACT NO. 3374 — APPROVAL OF PROFESSIONAL SERVICES AGREEMENT RECOMMENDATION: Approve a Professional Services Agreement with Van Dell and Associates, Inc., of Irvine, California for $63,888. DISCUSSION: As a part of the City's adopted FY 00 -01 Capital Improvement Program, staff invited five engineering firms to submit their proposals to provide engineering design services for the following Federal Arterial Highway Rehabilitation Program (AHRP) projects: • San Miguel Drive from San Joaquin Hills Road to Ford Road • Ford Road from MacArthur Boulevard to Jamboree Road The construction is anticipated to start in July 2001, and estimated costs for these projects are $580,000 and $240,000 respectively. Professional services required for the projects will include: survey, utility coordination, design, specifications, cost estimates, and working with Caltrans to obtain Federal approval to advertise for bids. Four firms responded to the City's request for proposals. • Berryman & Henigar • Huitt- Zollars • KFM Engineering • Van Dell Staff reviewed the firms' qualifications, past experience on similar projects, and availability before choosing Van Dell and Associates to provide design services. Upon selection staff negotiated with Van Dell and Associates to provide the necessary scope of services for a fee of $63,888. SUBJECT: SAN MIGUEL DRIVE F SAN JOAQUIN HILLS ROAD TO FORD ROAD A ORD ROAD FROM MACARTHUR BOULEVARD TO JAMB EE ROAD REHABILITATION, CONTRCT NO. 33 APPROVAL OF PROFESSIONAL SERVICES AGREEMENT September 26, 2000 Page 2 Van Dell and Associates have completed engineering services on similar projects for other local agencies in Southern California. Funds for this project are available in the following accounts: Account Name Account Number Amount San Miguel Drive – San Joaquin Hills Road to Ford Road 7181- C5100585 $39,678 Ford Road – MacArthur Boulevard to Jamboree Road 7181- C5100589 $24,210 Total $63,888 Respectfulllly su�bitte , PUBLIC WORKS DEPARTMENT Don Webb, Director By: 0—A Bill Patapoff City Engineer Attachments: Project Location Map Professional Services Agreement Exhibit "A" - Scope of Services Exhibit 'B" – Scope of Services 0 9 N� SAN MIGUEL DRIVE SAN JOAQUIN HILLS ROAD TO FORD ROAD c NOT TO SCALE 1 c�y GIASS HILL Q U Rid � v � m Q �? FORD ROAD ox JAMBOREE ROAD TO MACARTHUR BOULEVARD �m NOT TO SCALE / ' • i - ' - ` FORD s ROAD 11 • PROFESSIONAL SERVICES AGREEMENT FOR SAN MIGUEL DRIVE FROM SAN JOAQUIN HILLS ROAD TO FORD ROAD FORD ROAD FROM MACARTHUR BOULEVARD TO JAMBOREE ROAD THIS AGREEMENT, entered into this day of 2000, by and between CITY OF NEWPORT BEACH , a Municipal Corporation (hereinafter referred to as "City "), and Van Dell and Associates, Inc., of 17801 Cartwright Road, Irvine, California, 92614, (hereinafter referred to as "Consultant'), is made with reference to the following: RECITALS A. City is a Municipal Corporation duly organized and validly existing under the iaws of the Siaie of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City is planning to implement improvements to San Miguel Drive and Ford Road, hereinafter referred to PROJECT. C. City desires to engage Consultant to provide professional engineering services for roadway rehabilitation and drainage system improvements on two Arterial Highway Rehabilitation Projects (AHRP): (1) San Miguel Drive from San Joaquin Hills Road to Ford Road (2) Ford Road from MacArthur Boulevard to Jamboree Road upon the terms and conditions contained in this Agreement. -1- 0 0 D. The principal member for the Consultant for the purpose of this Project is Don McDougald. E. City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant and desires to contract with Consultant under the terms of conditions provided in this Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM The term of this Agreement shall commence on the 26th day of September 2000, and shall terminate on the 30th day of June 2002, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Consultant shall diligently perform all the duties set forth in the scope of services, attached hereto as Exhibit "A" and incorporated herein by reference. 3. COMPENSATION TO CONSULTANT City shall pay Consultant for the services in accordance with the provisions of this Section and the scheduled billing rates set forth in Exhibit `B" attached hereto and incorporated herein by reference. No rate changes shall be made during the term of this Agreement without prior written approval of City. Consultant's compensation for all work performed in accordance with this Agreement shall not exceed the total contract price of sixty -three thousand, eight hundred eighty -eight and 001100 Dollars ($63,888.00). -2- 0 0 The segment on San Miguel Drive is $39,678.00 and the segment on Ford Road is $24,210.00. 3.1 Consultant shall maintain accounting records of its billings which includes the name of the employee, type of work performed, times and dates of all work which is billed on an hourly basis and all approved incidental expenses including reproductions, computer printing, postage and mileage. 3.2 Consultant shall submit monthly invoices to City payable by City within thirty (30) days of receipt of invoice subject to the approval of City. 3.3 Consultant shall not receive any compensation for extra work without prior written authorization of City. Any authorized compensation shall be paid in accordance with the schedule of the billing rates as set forth in Exhibit "B ". 3.4 City shall reimburse Consultant only for those costs or expenses which have been specifically approved in this Agreement, or specifically approved in advance by City. Such cost shall be limited and shall include nothing more than the following costs incurred by Consultant: A. The actual costs of subconsultants for performance of any of the services which Consultant agrees to render pursuant to this Agreement which have been approved in advance by City and awarded in accordance with the terms and conditions of this Agreement. B. Approved computer data processing and reproduction charges. -3- E 0 C. Actual costs and /or other costs and /or payments specifically authorized in advance in writing and incurred by Consultant in the performance of this Agreement. 4. STANDARD OF CARE 4.1 All of the services shall be performed by Consultant or under Consultant's supervision. Consultant represents that it possesses the professional and technical personnel required to perform the services required by this Agreement and that it will perform all services in a manner commensurate with the community professional standards. All services shall be performed by qualified and experienced personnel who are not employed by City nor have any contractual relationship with City. Consultant represents and warrants to City that it has or shall obtain all licenses, permits, qualifications and approvals required of its profession. Consultant further represents and warrants that it shall keep in effect all such licenses, permits and other approvals during the term of this Agreement. 4.2 Consultant shall not be responsible for delay, nor shall Consultant be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, or acts of God, or the failure of City to furnish timely information or to approve or disapprove Consultant's work promptly, or delay or faulty performance by City, contractors, or governmental agencies, or any other delays beyond Consultant's control or without Consultant's fault. 5. INDEPENDENT PARTIES City retains Consultant on an independent contractor basis and Consultant is not 13 0 0 an employee of City. The manner and means of conducting the work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. Nothing in this Agreement shall be deemed to constitute Consultant or any of Consultant's employees or agents to be the agents or employees of City. Consultant shall have the responsibility for and control over the details in means of performing the work provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement which may appear to give City the right to direct Consultant as to the details of the performance of the services or to exercise a measure of control over Consultant shall mean that Consultant shall follow the desires of City only in the results of the services. 6. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated Project Administrator, and any other agencies which may have jurisdiction or interest in the work to be performed. City agrees to cooperate with Consultant on Project. 7. PROJECT MANAGER Consultant shall assign Project to a Project Manager, who shall coordinate all phases of Project. This Project Manager shall be available to City at all reasonable times during term of Project. Consultant has designated Don B. McDougald to be its Project Manager. Consultant shall not bill any personnel to Project other than those personnel identified in Exhibit "B" whether or not considered to be key personnel, without City's prior written approval by name and specific hourly billing rate. Consultant shall not remove or reassign any personnel designated in this Section or assign any new or replacement -5- 0 0 person to Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to removal or assignment of non -key personnel. Consultant, at the sole discretion of City, shall remove from Project any of its personnel assigned to the performance of services upon written request of City. Consultant warrants it will continuously furnish the necessary personnel to complete Project on a timely basis as contemplated by this Agreement. 8. TIME OF PERFORMANCE Time is of the essence in the performance of the services under this Agreement and the services shall be performed by Consultant in accordance with the schedule specified below. The failure by Consultant to strictly adhere to the schedule may result in termination of this Agreement by City, and the assessment of damages against Consultant for delay. Notwithstanding the foregoing, Consultant shall not be responsible for delays which are due to causes beyond Consultant's reasonable control. However, in the case of any such delay in the services to be provided for Project, each party hereby agrees to provide notice to the other party so that all delays can be addressed. 8.1 Consultant shall submit all requests for extensions of time for performance in writing to the Project Administrator not later than ten (10) calendar days after the start of the condition, which purportedly causes a delay, and not later than the date upon which performance is due. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays, which are beyond Consultant's control. 8.2 For all time periods not specifically set forth herein, Consultant shall la 0 0 respond in the most expedient and appropriate manner under the circumstances, by either telephone, fax, hand delivery or mail. 9. CITY POLICY Consultant will discuss and review all matters relating to policy and project direction with the Project Administrator in advance of all critical decision points in order to ensure that the Project proceeds in a manner consistent with City goals and policies. 10. CONFORMANCE TO APPLICABLE REQUIREMENT All work prepared by Consultant shall conform to applicable city, county, state and federal law, regulations and permit requirements and be subject to approval of the Project Administrator and City Council. 11. PROGRESS Consultant is responsible to keep the Project Administrator and /or his /her duly authorized designee informed on a regular basis regarding the status and progress of the work, activities performed and planned, and any meetings that have been scheduled or are desired. 12. HOLD HARMLESS Consultant shall indemnify, defend, save and hold harmless City, its City Council, boards and commissions, officers and employees from and against any and all loss, damages, liability, claims, allegations of liability, suits, costs and expenses for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, property damages, or any other claims arising from any and all negligent acts or omissions of Consultant, its employees, agents or subcontractors in the performance of 10 • • services or work conducted or performed pursuant to this Agreement, excepting only the active negligence or willful misconduct of City, its officers or employees, and shall include attorneys' fees and all other costs incurred in defending any such claim. Nothing in this indemnity shall be construed as authorizing, any award of attorneys' fees in any action on or to enforce the terms of this Agreement. 13. INSURANCE Without limiting consultant's indemnification of City, and prior to commencement of work, Consultant shall obtain and provide and maintain at its own expense during the term of this Agreement policy or policies of liability insurance of the type and amounts described below and satisfactory to City. Certification of all required policies shall be signed by a person authorized by that insurer to bind coverage on its behalf and must be filed with City prior to exercising any right or performing any work pursuant to this Agreement. Except workers compensation and errors and omissions, all insurance policies shall add City, its elected officials, officers, agents, representatives and employees as additional insured for all liability arising from Consultant's services as described herein. All insurance policies shall be issued by an insurance company certified to do business in the State of California, with original endorsements, with Best's A- VII or better carriers, unless otherwise approved by City Risk Manager. A. Worker's compensation insurance covering all employees and principals of Consultant, per the laws of the State of California. B. Commercial general liability insurance covering third party liability risks, In E • including without limitation, contractual liability, in a minimum amount of $1 million combined single limit per occurrence for bodily injury, personal injury and property damage. If commercial general liability insurance or other form with a general aggregate is used, either the general aggregate shall apply separately to this Project, or the general aggregate limit shall be twice the occurrence limit. C. Commercial auto liability and property insurance covering any owned and rented vehicles of Consultant in a minimum amount of $1 million combined single limit per accident for bodily injury and property damage. D. Professional errors and omissions insurance which covers the services to be performed in connection with this Agreement in the minimum amount of one million Dollars ($1,000.00). Said policy or policies shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days' prior notice has been given in writing to City. Consultant shall give City prompt and timely notice of claim made or suit instituted arising out of Consultant's operation hereunder. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. Consultant agrees that in the event of loss due to any of the perils for which it has agreed to provide comprehensive general and automotive liability insurance, that Consultant shall look solely to its insurance for recovery. Consultant hereby grants to City, on behalf of any insurer providing comprehensive general and automotive liability M i • insurance to either Consultant or City with respect to the services of Consultant herein, a waiver of any right of subrogation which any such insurer of said Consultant may acquire against City by virtue of the payment of any loss under such insurance. 14. PROHIBITION AGAINST TRANSFERS Consultant shall not assign, sublease, hypothecate or transfer this Agreement or any of the services to be performed under this Agreement, directly or indirectly, by operation of law or otherwise without prior written consent of City. Any attempt to do so without consent of City shall be null and void. The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or co- tenant if Consultant is a partnership or joint- venture or syndicate or co- tenancy, which shall result in changing the control of Consultant, shall be construed as an assignment of this Agreement. Control means fifty percent (50 %) or more of the voting power, or twenty -five percent (25 %) or more of the assets of the corporation, partnership orjoint- venture. 15. OWNERSHIP OF DOCUMENTS Each and every report, draft, work product, map, record and other document reproduced, prepared or caused to be prepared by Consultant pursuant to or in connection with this Agreement shall be the exclusive property of City. Documents, including drawings and specifications, prepared by Consultant pursuant to this Agreement are not intended or represented to be suitable for reuse by City or others on any other project. Any use of completed documents for other projects -10- • i and any use of incomplete documents without specific written authorization from Consultant will be at City's sole risk and without liability to Consultant. Further, any and all liability arising out of changes made to Consultant's deliverables under this Agreement by City or persons other than Consultant is waived as against Consultant and City assumes full responsibility for such changes unless City has given Consultant prior notice and has received from Consultant written consent for such changes. Consultant shall, at such time and in such forms as City may require, furnish reports concerning the status of services required under this Agreement. 16. CONFIDENTIALITY The information, which results from the services in this Agreement, is to be kept confidential unless the release of information is authorized by City. 17. CITY'S RESPONSIBILITIES In order to assist Consultant in the execution of his responsibilities under this Agreement, City agrees to provide the following: A. City will provide access to and upon request of Consultant, provide one copy of all existing record information on file at City. Consultant shall be entitled to rely upon the accuracy of data information provided by City or others without independent review or evaluation. City will provide all such materials in a timely manner so as not to cause delays in Consultant's work schedule. -11- 0 B. Provide blueprinting, CADD plotting, copying and other services through City's reproduction company for each of the required submittals. Consultant will be required to coordinate the required submittals with City's reproduction company. All other reproduction will be the responsibility of Consultant and as defined above. 18. ADMINISTRATION This Agreement will be administered by the Public Works Department. Bill Patapoff, City Engineer, shall be considered the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator or his /her authorized representative shall represent City in all matters pertaining to the services to be rendered pursuant to this Agreement. 19. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit and make transcripts or copies of such records. Consultant shall allow inspection of all work, data, documents, proceedings and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. -12- 0 0 20. WITHHOLDINGS City may withhold payment of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Consultant shall not discontinue work for a period of thirty (30) days from the date of withholding as a result of such withholding. Consultant shall have an immediate right to appeal to the City Manager or his designee with respect to such disputed sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of seven percent (7 %) per annum from the date of withholding of any amounts found to have been improperly withheld. 21. ERRORS AND OMISSIONS In the event of errors or omissions that are due to the negligence or professional inexperience of Consultant which result in expense to City greater than would have resulted if there were not errors or omissions in the work accomplished by Consultant, the additional design, construction and /or a restoration expense shall be bome by Consultant. Nothing in this paragraph is intended to limit City's rights under any other sections of this Agreement. 22. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other consultants in connection with Project. 23. CONFLICTS OF INTEREST A. Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act "), which (1) requires such persons to disclose financial interest that may foreseeably be materially NIKE 0 0 affected by the work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. B. If subject to the Act, Consultant shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for termination of this Agreement by City. Consultant shall indemnify and hold harmless City for any and all claims for damages resulting from Consultant's violation of this Section. 24. SUBCONSULTANT AND ASSIGNMENT Except as specifically authorized under this Agreement, the services included in this Agreement shall not be assigned, transferred, contracted or subcontracted without prior written approval of City. 25. NOTICES All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered personally or on the third business day after the deposit thereof in the United States mail, postage prepaid, first class mail, addressed as hereinafter provided. -14- i 0 All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: Bill Patapoff, City Engineer City of Newport Beach 3300 Newport Boulevard P. O. Box 1768 Newport Beach, CA, 92658 -8915 (949) 644 -3311 Fax (949) 644 -3318 All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: Attention: Don McDougald, Vice President Van Dell and Associates, Inc. 17801 Cartwright Road Irvine, CA 92614 (949) 474 -1400 Fax (949) 261 -8482 26. TERMINATION In the event either part hereto fails or refuses to perform any of the provisions hereof at the time and in the manner required hereunder, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) days, or if more than two (2) days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) days after receipt by defaulting party from the other parry of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the -15- 0 0 nondefaulting parry may terminate the Agreement forthwith by giving to the defaulting parry written notice thereof. 26.1 City shall have the option, at its sole discretion and without cause, of terminating this Agreement by giving seven (7) days' prior written notice to Consultant as provided herein. Upon termination of this Agreement, City shall pay to Consultant that portion of compensation specified in this Agreement that is earned and unpaid prior to the effective date of termination. 27. COMPLIANCES Consultant shall comply with all laws, state or federal and all ordinances, rules and regulations enacted or issued by City. 28. WAIVER A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein whether of the same or a different character. 29. INTEGRATED CONTRACT This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions hereon. Any modification of this Agreement will be effective only by written execution signed by both City and Consultant. -16- 0 0 30. OPINION OF COST Any opinion of the construction cost prepared by Consultant represents his /her judgment as a design professional and is supplied for the general guidance of City. Since Consultant has no control over the cost of labor and material, or over competitive bidding or market conditions, Consultant does not guarantee the accuracy of such opinions as compared to contractor bids or actual cost to City. 31. COMPUTER DELIVERABLES CADD data delivered to City shall include the professional stamp of the engineer or architect in responsible charge of the work. City agrees that Consultant shall not be liable for claims, liabilities or losses arising out of, or connected with (a) the modification or misuse by City, or anyone authorized by City, of CADD data; (b) the decline of accuracy or readability of CADD data due to inappropriate storage conditions or duration; or (c) any use by City, or anyone authorized by City, of CADD data for additions to this Project, for the completion of this Project by others, or for any other project, excepting only such use as is authorized, in writing, by Consultant. By acceptance of CADD data, City agrees to indemnify Consultant for damages and liability resulting from the modification or misuse of such CADD data. All drawings shall be transmitted to the City in Auto Cad version 14 in ".dwg" file format. All written documents shall be transmitted to the City in Microsoft Word 97 and Microsoft Excel 97 and be consistent with Microsoft Office 97. -17- 0 9 32. PATENT INDEMNITY Consultant shall indemnify City, its agents, officers, representatives and employees against liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in Consultant's drawings and specifications provided under this Agreement. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. APPROVED AS TO FORM: By: Robin Clauson Assistant City Attorney ATTEST: By: LaVonne Harkless City Clerk CITY OF NEWPORT BEACH A Municipal Corporation Bv: Mayor City of Newport Beach Van Dell and Associates, Inc. Don B. McDougald Vice President f: \users\pbvAshared\agreements \fy 00- 0lWandell- ford - sanmiguel ahrp.doc M Ll 0 PROPOSAL TO PROVIDE PROFESSIONAL ENGINEERING SERVICES FOR THE FY 2000 -01 ARTERIAL HIGHWAY REHABILITATION PROGRAM (AHRP) SAN MIGUEL DRIVE: SAN JOAQUIN HILLS ROAD TO FORD ROAD FORD ROAD: MACARTHUR BOULEVARD TO JAMBOREE ROAD September 7, 2000 (Revision) Submitted to: CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 3300 Newport Boulevard Newport Beach, CA 92658 Attn: Mr. Bill Patapoff, P.E., City Engineer Submitted by: VAN DELL AND ASSOCIATES, INC. Engineers • Planners • Surveyors 17801 Cartwright Road Irvine, California 92614 (949) 474 -1400 (949) 261 -8482 (Fax) Exhibit A 0 Van Dell and Associates, Inc. E Proposal to Provide Professional Engineering Services for the Arterial Highway Rehabilitation Program at San Miguel Drive and Ford Road TABLE OF CONTENTS Letter of Transmittal 1.0 INTRODUCTION ........ ...................................................................................... 1 -1 2.0 PROJECT UNDERSTANDING ......................................... ............................2 -1 3.0 FIRM ........................................................................................ ............................3 -1 Van Dell and Associates ...................................................... ............................3 -1 Relevant VA Experience and References ............................ ............................3 -2 4.0 PERSONNEL ........................................................................ ............................4 -1 KeyPersonnel ...................................................................... ............................4 -1 OrganizationChart ............................................................... ............................4 -2 5.0 SCOPE OF SERVICES ...................................................... ............................5 -1 6.0 SCHEDULE ........................................................................... ............................6 -1 GantChart ............................................................................ ............................6 -1 Hours Allocation Matrix ............................................................... ...................... 6 -3 7.0 FEES & EXPENSES .. ..................................................................................... 7 -1 September 6, 2000 0 0 0 Van Dell and Associates, Inc. 1.0 INTRODUCTION 0 Proposal to Provide Professional Engineering Services for Arterial Highway Rehabilitation Program at San Miguel Drive and Ford Road Van Dell and Associates, Inc. (VA) is pleased to submit this proposal in response to the City of Newport Beach request at our meeting on August 29, 2000. In accordance with the format of the request for proposals for FY 2000 -01 Arterial Highway Rehabilitations Program (AHRP) work issued July 26, 2000, this proposal is prepared for the resurfacing design of San Miguel Drive from San Joaquin Hills Road to Ford Road and Ford Road from MacArthur Boulevard to Jamboree Road. The Ford Road plans will exclude an approximately 700' segment previously done by others. Each of the two roadways will have separate plans, specifications and estimates (PS & E). Based on VA's experience on similar projects, a review of City documents relevant to this project and a visit to the site, the following sections of this proposal provide descriptions of: the project understanding, the firm's qualifications and experience, the personnel selected for the project team, the scope of services required to successfully complete the assignment, the schedule and allocation of time to the various tasks and -- the proposed fees and expenses for this project. N.VAARKETIMP.p2ODUner rftachZJNTRODUCT10N.dac 1 -1 0 0 Van Dell and Associates, Inc. Proposal to Provide Professional Engineering Services for Arterial Highway Rehabilitation Program at San Miguel Drive and Ford Road 2.0 PROJECT UNDERSTANDING The purpose of the proposed assignment is to prepare plans, specifications and costs for the pavement rehabilitation of two roadway segments: San Miguel Drive from San Joaquin Hills Road to Ford Road, a segment length of 7800'; and Ford Road from MacArthur Boulevard to Jamboree Road, which has a segment length of 4000', less a 700' segment recently resurfaced, for a net length of approximately 3300'. New digital topographic plans will be prepared at 40 scale for the two roadways and the pavement rehabilitation designs will be based on the geotechnical reports done by the County of Orange PFRD. The AC pavement rehabilitation will be comprised of identified areas for removal and reconstruction, and the remainder for 0.15 feet cold planning and overlay. All at- surface utility access lids and facilities will be identified as being protected in place or, where necessary, adjusted to grade. All concrete curb, gutter, sidewalk, driveways and access ramps will be inspected and, where required, repairs will be incorporated into the design. Any "median overlays" will be removed and a typical 6" median curb height maintained throughout. Existing longitudinal flow lines will be maintained or repaired and to the extent possible a minimum cross -fall slope of 1.7% maintained. No other drainage improvements are required for this.project. If missing or nonstandard, access ramps will be added or modified at intersection curb returns. A separate set of 40 scale striping plans will be prepared with traffic signal loop replacement details. If the timing is appropriate, the striping and loop details will be added for the new traffic signals being constructed along San Miguel Drive by other City of Newport Beach plans. No pavement changes from AC to PCC at current bus stop locations are required at this time because of possible changes to bus routes and bus stops in the area. N:VAARKETMPm 200.Tneryortbeach2%PROJEO7 UNDERSTANDING.dx 2 -1 n u 0 0 0 Van Dell and Associates, Inc. Proposal to Provide Professional Engineering Services for Arterial Highway Rehabilitation Program at San Miguel Drive and Ford Road 3.0 FIRM VA will be the prime consultant on this project responsible for field surveys, roadway design, traffic engineering and utilities coordination. Following in this section is a brief description of VA and the firm's relevant experience. WITTMMUR ME Van Dell and Associates, Inc. was established in 1974 and currently has staff of 35 to provide high - quality engineering, planning, and surveying services to public agency and private sector clients throughout Southern California. The firm, which operates out of a single office located in Irvine, is medium -sized with the ability to do large complex projects. Over the past several years, our work mix has included a substantial amount of public infrastructure design and rehabilitation. Our technical staff consists of professional engineers and land surveyors with the broad range of expertise needed for creative solutions to complicated projects. VA applies the latest technical systems on its projects and this, coupled with our experienced staff, has helped VA accumulate an impressive record of accomplishments in the fields of: • Streets and Highways Design and Rehabilitation • Transportation and Traffic Engineering • Flood Control and Storm Drain Design • Bridges and Retaining Structures • Domestic Water Systems Design • Assessment and Fee Districts Engineering • Land Development Engineering • Photogrammetric and Topographic Surveying • Records of Survey and Monumentation • Tract Maps Preparation • Construction Staking • Boundary and ALTA Surveys • Right -of -Way Engineering • Construction Management • Reclaimed Water Systems • Traffic Signal Design • Site Planning and Design • Wastewater Facilities Design VA's commitment to client service relies heavily upon the personal involvement of our principals in each project. This approach has ensured success in achieving client objectives while maintaining the quality and the attention to detail necessary to obtain acceptance and approval from applicable authorities and agencies. VA's involvement on such engineering assignments is typically as the prime consultant. As required, we are able to supplement our own skill base with similarly well - qualified sub - consultants in complementary fields such as geotechnical engineering and landscape architecture. NWARRETNIProp2000 B.P tUBacl TIRMS.00L 3 -1 0 Van Dell and Associates, Inc. . � 3'7�TTffTTT�� - .TiL�•77 - • � � •. 11 Proposal to Provide Professional Engineering Services for Arterial Highway Rehabilitation Program at San Miguel Drive and Ford Road The following are detailed descriptions of some of Van Dell and Associates' relevant projects successfully completed by our staff that demonstrate our competence to perform work similar in scope and magnitude to that required for the City of Newport Beach. ALICIA PARKWAY AND JERONIMO PARKWAY INTERSECTION WIDENING PROJECT Mission Viejo, California VA was selected by the City of Mission Viejo to design and prepare PS &E for improvements to the Alicia Parkway and Jeronimo Parkway intersection. This intersection is being designed to include additional left and right turn lanes on all approaches. The project also includes designing a dual left -turn lane on eastbound Alicia Parkway at Via Fabricante. The project involves close coordination with utility companies and the Santa Margarita Water District. Design of new curbs and gutters as well as pavement replacement/resurfacing will be included in this project. Traffic signal modifications and striping plan preparation is also included in the scope of work. Client: City of Mission Viejo Contact: Mark Chagnon 25909 Pala, Suite 200 Project Manager — - - -- Mission Viejo, CA 92691 (04%470 -3091 ACCELERATED ROAD CONSTRUCTION PROGRAM (ARCP) County of Los Angeles, CA VA is currently in the process of finalizing construction plans and specifications for the Los Angeles County Department of Public Works Street Rehabilitation Program. The project includes street resurfacing design, traffic signal upgrades, traffic loop restoration, striping plan preparation, and utilities coordination for Rosecrans Avenue, Avalon Boulevard, and Wilmington Avenue. Client: Los Angeles County Contact: Farhad Agahi Public Works Department (626) 458 -7871 9005 S. Fremont Avenue Alhambra, CA 91803 LA PAZ ROAD PAVEMENT REHABILITATION AND ROADWAY RESTR/P/NG Mission Viejo, California VA was selected by the City of Mission Viejo to prepare PS &E for application of a slung seal and the re- striping of on- street bike lanes along a 1.4 -mile section of La Paz Road from east of Marguerite Parkway to Olympiad Road. Areas of existing roadway pavement were also identified for removal and reconstruction. In addition, the plans included a seal coat for an adjacent off - street bike trail along La Paz Road. As part of this project, VA performed a field survey to determine existing roadway geometrics for the project base sheets created in AutoCAD. N:WARKEMM MP200 ewpoMeacf TIRMS.dm 3 -2 Van Dell and Associates, Inc. Proposal to Provide Professional Engineering Services for Arterial Highway Rehabilitation Program at San Miguel Drive and Ford Road Client. City of Mission Viejo Contact: Mark Chagnon 25909 Pala, Suite 200 Project Manager Mission Viejo, CA 92691 (949) 470 -3091 MEASURE M PROJECT APPLICATION PREPARATION Santa Ana, California VA was responsible for conceptual design, operational analysis, and preliminary construction cost estimates for City of Santa Ana intersection widening and roadway projects to be included in the Combined Transportation Funding Program (CTFP). This program is part of Measure M and is administered by the Orange County Transportation Authority (OCTA). These projects have included such intersections as Main Street and MacArthur Boulevard, Seventeenth Street and Tustin Avenue, Bristol Street and MacArthur Boulevard, and McFadden and Main Street, all arterial highways. VA also prepared a conceptual design and construction cost estimate for the widening of Dyer Road from Main Street to the Route 55 southbound on -ramp, and Main Street widening from Dyer Road to Goetz Avenue. Client: City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92702 N V. IARKETNTw2000New no adi2TIRMSAM 3 -3 Contact: Joyce Amerson Transportation Mgr. (714) 647 -5655 0 0 Van Dell and Associates, Inc. Proposal to Provide Professional Engineering Services for Arterial Highway Rehabilitation Program at San Miguel Drive and Ford Road STREET REHABILITATION /RESURFACING - GROUP 3 ( Calle Puente), GROUP 4 (Rosa), GROUP 7 (El Levante) San Clemente, CA VA prepared construction plans and specifications for Group 3 (1998- 1999), Group 4 (1997- 1998) and Group 7 (1996 -1997) street rehabilitation projects for the City of San Clemente. Street improvement plans consisted of design for pavement overlay and reconstruction based upon the design recommendation by VA subsequent to the pavement boring and deflection testing results conducted by the VA team geotechnical sub - consultant. Comprehensive field survey was conducted to identify damaged curbs and gutters as well as localized drainage problem areas. Plans and specifications for water main replacement were prepared for final document submittal which also identified all valve, manhole covers, and other appurtenances which needed to be raised to grade for Group 4 and Group 7. Client: City of San Clemente Contact: Hamid Torkamanha Public Works Department (949) 361 -6139 910 Calle Negocio, Suite 100 San Clemente, CA 92673 SUNIQST AVENUE DRAIN Los Angeles County, CA VA prepared final plans for the construction of two new storm drain mains as part of a project that is planned by the County of Los Angeles Department of Public Works. The proposed storm drain will be constructed in Sunkist Avenue between Homeward Street and Nelson Avenue in the City of La Puente and also in Amar Road and Sunkist Avenue within the County of Los Angeles' unincorporated boundaries. As part of this project, all existing slotted cross gutters along the proposed storm drain alignment will be replaced with non - slotted cross gutters or they will be eliminated. Client: Los Angeles County Contact: Carl Chow Department of Public Works Project Manager 900 S. Fremont (626) 458 -7853 Alhambra, CA 90813 LOWER PETERS CANYON ROADWAY TRAFFIC IMPROVEMENTS City of Tustin, City of Irvine, California VA prepared traffic PS &E for improvement of roadways as part of development by the Irvine Community Development Company of the Lower Peters Canyon area in the Cities of Irvine and Tustin. As part of design of roadway improvements to Jamboree Road and Irvine Boulevard, both major arterial highways, and to new roadways to serve commercial development, VA prepared traffic signing and striping plans, traffic signal plans, and traffic control plans. The traffic improvements were part of two separate PS &E packages, one for each agency. The traffic signal plans included design of eight signal modifications and design of one new signal. The traffic control plans were designed for two phases of project construction. N VAARKETMPmp2000NewpoMeeM2�IRM5 Ex 3 -4 L Van Dell and Associates, Inc. Client: Irvine Community Development Company P. O. Box 6370 Newport Beach, CA 92658 Proposal to Provide Professional Engineering Services for Arterial Highway Rehabilitation Program at San Miguel Drive and Ford Road Contact: Doug Anderson Transportation Eng. City of Tustin (714) 573 -3172 THE GROVES STORM DRAIN TRAFFIC CONTROL DESIGN Irvine, California VA was responsible for the preparation of traffic control plans for the construction of a new 36- inch storm drain line from The Groves Mobile Home Park to Trabuco Road in the City of Irvine. The storm drain fine has an alignment length of approximately 4,200 feet and will be constructed in Remington Street, a residential street, and Eastwood, a Secondary Highway, and will cross Bryan Avenue, a primary arterial highway. The traffic control will be staged in four phases on Eastwood, and two phases each on Trabuco Road and Bryan Avenue and requires six sheets of plans. Client. City of Irvine One Civic Center Plaza Irvine, CA 92623 -9575 Contact: Mike Loving Senior Project Manager (949) 724 -6315 COUNTY STORM nRAIN FACfI rTY - IRVINE SPECTRUM 6 Irvine, CA VA prepared the hydrology report, hydraulic analysis, construction drawings and estimates for 1,600 lineal feet of 48 inch mainline storm drain along Laguna Canyon Road including all the catch basins and laterals and onsite drainage systems as part of street improvement plans for the proposed development in Spectrum 6. The scope of work included design of the connection of the mainline storm drain to the existing outfall to San Diego Creek. VA also prepared the plans for the second phase of this project which includes extension of the 48 inch storm drain. Client: Irvine Industrial & Business Properties Division 550 Newport Center Drive Newport Beach, CA 92660 TRAFFIC SIGNAL INVENTORY REPORT Garden Grove, California Contact: Tom Lee Dir. of Project Mgmt. (949) 720 -2243 VA was responsible for a field inventory and analysis of 105 city operated traffic signals within the City of Garden Grove as part of a study to determine the cost of upgrading all signals within the City to current standard. All equipment, including the signal cabinet, controller, pole standards, signal heads, luminaries, detection, and type of interconnection were inventoried at each location. The project also included updating the record drawing for each signal based on the field inventory, a photographic survey of each signal, and recording the existing timings set in the controller. A summary report was prepared identifying the required upgrades at each signal location and their cost. The estimated cost to upgrade all signals within the City to current City of Garden Grove standard is $5.3 million. N U/ARKE"MP2000YI Wwp acft2lFIRMS .GOP 3 -5 Van Dell and Associates, Inc. Proposal to Provide Professional Engineering Services for Arterial Highway Rehabilitation Program at San Miguel Drive and Ford Road Client. City of Garden Grove Contact: George L. Allen, P.E. 11222 Acacia Parkway City Traffic Engineer Garden Grove, CA 92842 (714) 741 -5190 NWARKETI".P200Ww. na aC TIRMS.am 3 -6 11 Van Dell and Associates, Inc. 4.0 PERSONNEL 4.1 ORGANIZATION CHART • Proposal to Provide Professional Engineering Services for Arterial Highway Rehabilitation Program at San Miguel Drive and Ford Road The efficient and successful design completion of the proposed San Miguel Drive and Ford Road improvements will be accomplished by the assignment of highly qualified and experienced engineering staff. The personnel selected for the VA team have extensive experience in projects similar to the proposed street improvement project and understand its requirements. The team Organization Chart on the following page presents the individual assignments, reporting relationships, and key personnel assembled for this project. The professionals listed are currently available to the extent proposed for the duration of the proposed assignment, and no person designated as key to this project shall be removed or replaced without the prior written concurrence of the City of Newport Beach. Additional staff members are available to meet peak workload requirements and to support the assigned professionals in the timely completion of their project responsibilities. 4.2 KEY PERSONNEL Don McDougald will be the Project Manager for the VA team. Farhad Mohammadi will be the Roadway Design Engineer responsible for street pavement rehabilitation design. Keith Rutherfurd will be responsible for preparation of striping plans and traffic signal loop reconstruction plans. Steve Dopudja will be responsible for utility coordination. Don Gordon will be responsible for field surveys and base topographic map preparation. Brief descriptions of these individuals are provided below. DON B. McDOUGALD PROJECT MANAGER Don McDougald will be the Project Manager responsible for the project administration, client coordination and design team supervision. Mr. McDougald has over 30 years of experience in the field of transportation planning and engineering, with an emphasis on project management of transportation and public works projects. He was the Project Manager of the VA team participating on the surveying, roadway design and right of way engineering of the San Joaquin Hills Transportation Corridor. Miscellaneous other Orange County roadway, traffic signal and pavement design projects that he has managed are: • La Paz Road Pavement Rehabilitation and Roadway Restriping, Mission Viejo • Pacific Coast Highway Widening, Newport Beach and Huntington Beach • State Route 55 Widening, Walnut Avenue to Taft Avenue, Orange • Lake Forest Drive Highway Improvements, Irvine • Portola Parkway /Jeffrey Road /Sand Canyon Avenue, Orange County MWARNEfW1Prop200Vmowport .Q%PERSONNEL.dm 4 -1 H Q 2 V Z O Cie Q N_ Z Q V O 0 Van Dell and Associates, )no. FARHAD MOHAMMADI Proposal to Provide Professional Engineering Services for Arterial Highway Rehabilitation Program at San Miguel Drive and Ford Road ROADWAY DESIGN ENGINEER Farhad Mohammadi will be Roadway Design Engineer and the key person responsible for street design, and construction plan and specification preparation for the City of Newport Beach project. He has over 12 years civil engineering experience and a comprehensive background in infrastructure design, and construction management. Mr. Mohammadi's civil engineering experience includes: highway and street improvements design, storm drain and flood control facilities, sewer systems; construction management, and engineering cost estimates. He has served as project engineer or lead engineer for several significant street and highway projects completed by VA, including: • Rosecrans Avenue, Avalon Boulevard, Wilmington Avenue Street Rehabilitation/ Resurfacing, Los Angeles County Department of Public Works • Calle Puente Street Rehabilitation /Resurfacing, San Clemente • Portola Parkway /Jeffrey Road /Sand Canyon Avenue Design and Construction Engineering Support, Irvine • Barranca Parkway, Irvine • 1- 405_1jorthbound Harbor Boulevard Off -ramp, Costa Mesa • State Route 55 Widening, Walnut Avenue to Taft Avenue, Orange KEITH R. RUTHERFURD, TE TRAFFIC ENGINEER Keith Rutherfurd, a registered traffic engineer, will be responsible for the striping plans and traffic signal loop reconstruction designs. His involvement in street and highway design on numerous projects has afforded him a comprehensive knowledge of local and state code requirements and design standards. Mr. Rutherfurd has been the lead design engineer on signing, striping, and traffic signal improvements for a long list of projects in Southern California. He has worked on several assignments involving Caltrans and has extensive experience in traffic engineering plan design, transportation/traffic studies and reports, traffic/parking data collection and analysis, and computer applications. Relevant projects on which Mr. Rutherfurd has provided similar support include: • Rosecrans Avenue, Avalon Boulevard, Wilmington Avenue Street Rehabilitation/ Resurfacing, Los Angeles County Department of Public Works (currently in design) • El Levante Street rehabilitation /resurfacing, San Clemente (Group 7) • Rosa Street Rehabilitation /Resurfacing, San Clemente (Group 3) • Calle Puente Street Rehabilitation /Resurfacing, San Clemente (Group 4) • La Paz Road Pavement Rehabilitation and Roadway Restriping, Mission Viejo • Pacific Coast Highway Widening, Newport Beach and Huntington Beach • State Route 55 Widening, Walnut Avenue to Taft Avenue, Orange • Lake Forest Drive Highway Improvements, Irvine • Warner Avenue Widening and Improvements, Irvine • Portola Parkway /Jeffrey Road /Sand Canyon Avenue, Orange County N KEnN\Prop20W ewport chTPERS NNR.E 4 -2 0 0 Van Dell and Associates, Inc. Proposal to Provide Professional Engineering Services for Arterial Highway Rehabilitation Program at San Miguel Drive and Ford Road STEVE DOPUDJA UTILITIES COORDINATOR Steve Dopudja will be responsible for utilities coordination. Mr. Dopudja has worked on numerous utility projects as well as residential development and roadway projects. He is experienced in utility projects ranging from master plans to design and construction support. This experience has brought him familiarity with utility companies in general, their perspective and requirements. Projects on which Mr. Dopudja has worked include: • Planning Area 12 Oak Creek Infrastructure Improvements, Irvine, CA • Portola Parkway Infrastructure Improvements, Irvine, CA • Newport Coast Planning Areas 5 & 6 Concept Study and Design of Utilities, • Shady Canyon Development Water Facilities Planning and Design • Ladera Sewer Feasibility Study • Crescenta Valley Water Master Plan DON R. GORDON, PE SURVEY COORDINATOR Gorden �4 T tie responsible for field survey coordination and base topographic map_ —_ preparation. As a civil engineer, Mr. Gordon has over 31 years of consulting experience with broad public works expertise including street widening and overlay projects and highway and freeway design and construction. He has a strong background in all aspects of roadway and pavement rehabilitation design including the requirements for and delivery of design surveys and topographic mapping. Projects on which Mr. Gordon has had extensive involvement include: • El Toro Road Widening and Pavement Overlay, County of Orange • Culver Drive Widening and Overlay, Irvine • Ranch Viejo Road Widening and Re- alignment, San Juan Capistrano San Joaquin Hill Transportation Corridor Program Management • Oso Parkway Interchange with Foothill Transportation Corridor N:WARKEnNW,v2WO�e.pptbe 2%PERSONNET.da 4 -3 0 Van Dell and Associates, Inc. 5.0 SCOPE OF SERVICES i Proposal to Provide Professional Engineering Services for Arterial Highway Rehabilitation Program at San Miguel Drive and Ford Road 5.1 Data Collection / Site Reconnaissance Upon receipt of the notice to proceed, a kick -off meeting will be held with the City to finalize project content and schedule details. All relevant project data including City provided as -built plans, photographs and geotechnical reports will be assembled and assessed for possible incorporation into the design. A site reconnaissance will be done: to assess the condition of the existing pavement relative to the geotechnical report; to assess the condition of the PCC curb, gutter, sidewalks, driveways and access ramps; and to document the types and locations of all at grade or above utility features. Photographing and videotaping of site details and unique features will be done for reference during the design. 5.2 Field Survey Based on available County of Orange horizontal and vertical control for the area, a field survey will be done to check cross slopes for both roadway segments and to check longitudinal flow line elevations at locations were curb and gutter repairs are necessary. The areas requiring surveys will be determined from the site reconnaissance in task 5.1. In areas surveyed the xyz location of above ground utilities (manholes, vault lids, etc.) will be determined to supplement the utility location work in task 5.1. The cross slope confirmation measurements will be done from curb to curb. The collected survey .point data will_bft_reduced to fit the project coordinates and plotted for reference during the design. 5.3 Utility Coordination VA will prepare and distribute first and second utility notices and follow up with appropriate action based on utility company responses. Utility plans and atlases will be reviewed before the task 5.1 site reconnaissances to identify existing surface utility locations to be confirmed in the field. Utility plans and atlases will be reviewed again after the site reconnaissance to compare the existing documentation with the findings from the field. Potential utility conflicts with proposed roadway improvements will be determined, reviewed with the affected utility company and resolved. Determined utility adjustment requirements resulting from the proposed roadway resurfacing will be documented on the plans. 5.4 Design Confirmation Based on reviews of as -built plans, geotechnical reports, utility documentation, field survey data and site reconnaissance findings, the roadway rehabilitation and PCC modification requirements will be determined and documented for each roadway segment. These determined /documented requirements will be reviewed with the City for confirmation before incorporation into the two designs. 5.5 Base Drawing Preparation Using data from as -built drawings, horizontal layouts for the two roadways will be reconstructed in AutoCAD for the subsequent design. These base drawings will illustrate existing edges of pavement, gutter flow lines, backs of curb, sidewalks, driveways, curb returns and access ramps. N WARNETIMPW200a em4rtheacMSCOPE Of SERVICES.dw 5-1 • 0 Van Dell and Associates, Inc. Proposal to Provide Professional Engineering Services for Arterial Highway Rehabilitation Program at San Miguel Drive and Ford Road 5.6 Design Drawings The design plans for San Miguel Drive will be comprised of the following drawings: - Title Sheet (1 sheet) - project title, location map, general notes and sheet index. - Detail Sheet (1 sheets) - typical sections and roadway construction details. - Pavement Rehabilitation Plans (4 sheets) — two strips will be show on each sheet at scale 1"= 40' (plan view only). These layout plans will include: pavement reconstruction, grinding and overlay, utility information and required repairs to gutters, curbs, sidewalks and driveways. Where necessary intersection access ramps will be added or modified in accordance with current Caltrans' standards. - Signing and Striping Plans (4 sheets) — two strips will be shown on each sheet at scale 1" = 40'. These plans will show the reestablishment of all existing roadway striping and pavement markings in addition to the locations and types of existing traffic signs within the project limits. Should VA note the need for additional signs, or the removal of existing ones, these items will also be included on the plans. All signing and striping improvements will be designed according to City of Newport Beach guidelines, and Caltrans standard details and specifications for traffic signing and striping and markings. Traffic signal loop replacements and additions for new signals will also be shown on these plans. The design plans for Ford Road will be comprised of the following drawings: - Title Sheet (1 sheet) - project title, location map, general notes and sheet index. - Detail Sheet (1 sheets) - typical sections and roadway construction details. - Pavement Rehabilitation Plans (2 sheets) — two strips will be show on each sheet at scale 1" = 40' (plan view only). These layout plans will include: pavement reconstruction, grinding and overlay, utility information and required repairs to gutters, curbs, sidewalks and driveways. Where necessary intersection access ramps will be added or modified in accordance with current Caltrans' standards. - Signing and Striping Plans (2 sheets) — two strips will be shown on each sheet at scale 1" = 40'. These plans will show the reestablishment of all existing roadway striping and pavement markings in addition to the locations and types of existing traffic signs within the project limits. Should VA note the need for additional signs, or the removal of existing ones, these items will also be included on the plans. All signing and striping improvements will be designed according to City of Newport Beach guidelines, and Caltrans standard details and specifications for traffic signing and striping and markings. Traffic signal loop replacements and additions for new signals will also be shown on these plans. N:VAARNET1MPmp20W�na«po c�PE_OF SERVICEStl 5 -2 0 Van Dell and Associates, Inc. Proposal to Provide Professional Engineering Services for Arterial Highway Rehabilitation Program at San Miguel Drive and Ford Road The above described plan sets will be submitted for review when they are 50% and 100% complete. Review comments will be addressed and the plans revised, as required. A subsequent Final Plans submittal will be made for City approval prior to the preparation of the mylars for signatures. 5.7 Specifications, Quantities and Cost Estimate Contract specifications including special provisions, standard general provisions, and construction contract agreement documents will be prepared. The City will provide the "boiler plate" for the specification and bid documents. Quantity take off sheets will be prepared along with both preliminary and final cost estimates for the designed improvements. Quantity take -offs and cost estimates will be prepared to show the splits between AHRP eligible and non - eligible items. AHRP items will be split between Federal and City shares per the approved applications. The specifications will be submitted for review with the 100% complete plans. Review comments will be addressed and the specifications revised, as required. A subsequent final submittal will be made for City approval. 5.8 Caltrans Coordination Subsequent to completion of the design for the City of Newport Beach, VA will coordinate with Caltrans District 12 to obtain the E -76 "permission to advertise" authorization from Calirars /FHWA. 5.9 Construction Services During the post- design bidding and construction phases, VA will assist the City with clarification of the design, as required, including plan modifications for changed site conditions, and the preparation of "record" drawings from redlines provided by the contractor and /or City personnel. 5.10 Meetings and Coordination VA will be responsible for the quality, schedule and budget control of the subject assignment. Progress meetings will be held with the City as often as is deemed necessary to provide status updates and to address specific design issues. Minutes will be prepared and circulated to attendees. Other communications including telephone calls, faxes, and a -mails will supplement the meetings as necessary, with hard copy records prepared and circulated to the individuals involved. The following items are excluded from this Scope of Services: - Drainage Design - Potholing - Rubberized AC - Traffic Control - Roadway Profiles - Geotechnical Reports - Right -of -Way Documentation - Landscaping and Irrigation N: VAARKETIN%ProP20OQmmvPoM ChZSWPE_O�- SERVrES.dm 5 -3 0 Van Dell and Associates, Inc. 5.0 SCOPE OF SERVICES E Proposal to Provide Professional Engineering Services for Arterial Highway Rehabilitation Program at San Miguel Drive and Ford Road 5.1 Data Collection / Site Reconnaissance Upon receipt of the notice to proceed, a kick -off meeting will be held with the City to finalize project content and schedule details. All relevant project data including City provided as -built plans, photographs and geotechnical reports will be assembled and assessed for possible incorporation into the design. A site reconnaissance will be done: to assess the condition of the existing pavement relative to the geotechnical report; to assess the condition of the PCC curb, gutter, sidewalks, driveways and access ramps; and to document the types and locations of all at grade or above utility features. Photographing and videotaping of site details and unique features will be done for reference during the design. 5.2 Field Survey Based on available County of Orange horizontal and vertical control for the area, a field survey will be done to check cross slopes for both roadway segments and to check longitudinal flow line elevations at locations were curb and gutter repairs are necessary. The areas requiring surveys will be determined from the site reconnaissance in task 5.1. In areas surveyed the xyz location of above ground utilities (manholes, vault lids, etc.) will be determined to supplement the utility location work in task 5.1. The cross slope confirmation measurements will be done from curb to curb. The collected survey point data will be reduced to fit tlra - -- project coordinates and plotted for reference during the design. 5.3 Utility Coordination VA will prepare and distribute first and second utility notices and follow up with appropriate action based on utility company responses. Utility plans and atlases will be reviewed before the task 5.1 site reconnaissances to identify existing surface utility locations to be confirmed in the field. Utility plans and atlases will be reviewed again after the site reconnaissance to compare the existing documentation with the findings from the field. Potential utility conflicts with proposed roadway improvements will be determined, reviewed with the affected utility company and resolved. Determined utility adjustment requirements resulting from the proposed roadway resurfacing will be documented on the plans. 5.4 Design Confirmation Based on reviews of as -built plans, geotechnical reports, utility documentation, field survey data and site reconnaissance findings, the roadway rehabilitation and PCC modification requirements will be determined and documented for each roadway segment. These determined /documented requirements will be reviewed with the City for confirmation before incorporation into the two designs. 5.5 Base Drawing Preparation Using data from as -built drawings, horizontal layouts for the two roadways will be reconstructed in AutoCAD for the subsequent design. These base drawings will illustrate existing edges of pavement, gutter flow lines, backs of curb, sidewalks, driveways, curb returns and access ramps. N:WARKELIW"2000k m.p�ZSCOPE_OF- SERVICES. O 5 -1 Exhibit A 0 0 Van Dell and Associates, Inc- Proposal to Provide Professional Engineering Services for Arterial Highway Rehabilitation Program at San Miguel Drive and Ford Road 5.6 Design Drawings The design plans for San Miguel Drive will be comprised of the following drawings: - Title Sheet (1 sheet) - project title, location map, general notes and sheet index. - Detail Sheet (1 sheets) - typical sections and roadway construction details. - Pavement Rehabilitation Plans (4 sheets) — two strips will be show on each sheet at scale 1" = 40' (plan view only). These layout plans will include: pavement reconstruction, grinding and overlay, utility information and required repairs to gutters, curbs, sidewalks and driveways. Where necessary intersection access ramps will be added or modified in accordance with current Caltrans' standards. - Signing and Striping Plans (4 sheets) — two strips will be shown on each sheet at scale 1" = 40'. These plans will show the reestablishment of all existing roadway striping and pavement markings in addition to the locations and types of existing traffic signs within the project limits. Should VA note the need for additional signs, or the removal of existing ones, these items will also be included on the plans. All signing and striping improvements will be designed according to City of Newport Beach guidelines, and Caltrans standard details and specifications for traffic signing and. stripiu2_and -_ ... _. . . markings. Traffic signal loop replacements and additions for new signals will also be shown on these plans. The design plans for Ford Road will be comprised of the following drawings: - Title Sheet (1 sheet) - project title, location map, general notes and sheet index. - Detail Sheet (1 sheets) - typical sections and roadway construction details. - Pavement Rehabilitation Plans (2 sheets) — two strips will be show on each sheet at scale 1" = 40' (plan view only). These layout plans will include: pavement reconstruction, grinding and overlay, utility information and required repairs to gutters, curbs, sidewalks and driveways. Where necessary intersection access ramps will be added or modified in accordance with current Caltrans' standards. - Signing and Striping Plans (2 sheets) — two strips will be shown on each sheet at scale 1" = 40'. These plans will show the reestablishment of all existing roadway striping and pavement markings in addition to the locations and types of existing traffic signs within the project limits. Should VA note the need for additional signs, or the removal of existing ones, these items will also be included on the plans. All signing and striping improvements will be designed according to City of Newport Beach guidelines, and Caltrans standard details and specifications for traffic signing and striping and markings. Traffic signal loop replacements and additions for new signals will also be shown on these plans. N ;WARKETIM W200MnewP"dC achTfC OF_SERVICES,tl Cl -i 0 0 Van Dell and Associates, Inc. Proposal to Provide Professional Engineering Services for Arterial Highway Rehabilitation Program at San Miguel Drive and Ford Road The above described plan sets will be submitted for review when they are 50% and 100% complete. Review comments will be addressed and the plans revised, as required. A subsequent Final Plans submittal will be made for City approval prior to the preparation of the mylars for signatures. 5.7 Specifications, Quantities and Cost Estimate Contract specifications including special provisions, standard general provisions, and construction contract agreement documents will be prepared. The City will provide the "boiler plate" for the specification and bid documents. Quantity take off sheets will be prepared along with both preliminary and final cost estimates for the designed improvements. Quantity take -offs and cost estimates will be prepared to show the splits between AHRP eligible and non - eligible items. AHRP items will be split between Federal and City shares per the approved applications. The specifications will be submitted for review with the 100% complete plans. Review comments will be addressed and the specifications revised, as required. A subsequent final submittal will be made for City approval. 5.8 Caltrans Coordination Subsequent to completion of the design for the City of Newport Beach, VA will coordinate with Caltrans District 12 to obtain the F -76 "permission to advertise" authorization from Caltrans /FHWA. 5.9 Construction Services During the post- design bidding and construction phases, VA will assist the City with clarification of the design, as required, including plan modifications for changed site conditions, and the preparation of "record" drawings from redlines provided by the contractor and /or City personnel. 5.10 Meetings and Coordination VA will be responsible for the quality, schedule and budget control of the subject assignment. Progress meetings will be held with the City as often as is deemed necessary to provide status updates and to address specific design issues. Minutes will be prepared and circulated to attendees. Other communications including telephone calls, faxes, and a -mails will supplement the meetings as necessary, with hard copy records prepared and circulated to the individuals involved. The following items are excluded from this Scope of Services: - Drainage Design - Potholing - Rubberized AC - Traffic Control - Roadway Profiles - Geotechnical Reports - Right -of -Way Documentation - Landscaping and Irrigation N KET rW200 ewporlb h2�5 PEA OF SERVICES.0 5 -3 0 SECTION 6.0 SCHEDULE Van Dell and Associates, Inc. • • Proposal to Provide Professional Engineering Services for the Arterial Highway Rehabilitation Program at San Miguel Drive and Ford Road 6.0 PROJECT SCHEDULE The City's timetable calls for completion of the design by the end of January 2001. Based on the Notice to Proceed being received by the end of September, there are 14 weeks available to complete the PS &E by the end of December. The schedule below indicates the timing of the various tasks in accordance with a 14 week schedule. Tasks 8 & 9: Caltrans Coordination and Bidding, Awarding and Construction Support Services, will follow design. DESIGN SCHEDULE Task Description Months 2000 Months 2001 Oct Nov I Dec Jan Feb Mar ADdMayl Jun I Jul A uRSeDI Oct 1 2 3 4 5 6 7 8 Notice to Proceed DATA COLLECTION / SITE RECON. FIELD SURVEYS UTILITY COORDINATION DESIGN CONFIRMATION BASE TOPOGRAPHY PREPARATION DESIGN DRAWINGS 3 submittals SPECS, QUANTITY & COST ESTIMATES CALTRANS COORDINATION 9 BIDDING PROCESS 10 CONTRACT AWARDING __ _ CONSTRUCTION SUPPORT SERVICES MEETINGS & COORDINATION ♦ _ _ __ __ __ _ ♦ _ ___ Meet with City to Confirm Design Details Submit to City for 50% Plan Review _ Submit to City for 100% PS &E Review _ _ __ __ Submit Final PS &E City Reviews and Comments VA Responses to City Comments KEY: EVENTS DESIGN AND CONSTRUCTION SUPPORT SERVICES - MEETINGS l COORDINATION CITY REVIEWS m 6 -1 0 Van Dell and Associates, Inc. 6.1 PERSONNEL TIME ALLOCATIONS Proposal to Provide Professional Engineering Services for the Arterial Highway Rehabilitation Program at San Miguel Drive and Ford Road The following matrix lists the time allocations by task and named personnel / classifications. This Personnel Time Allocation matrix indicates the anticipated level of effort required by each task and the proposed involvement by key personnel and others. N \MARKETIN \Prop2000\new Wbeao 2\TIMEALLOC.dm 6 -2 0 0 HOURS ALLOCATION MATRIX San Miguel Drive: San Joaquin Hills Road to Ford Road N KETINWMP2�POMro h2vTIMMOT2.tis)tord 9/7/00 E OD o —° to E C m O 'j n O _ 0 m o W w m o U o 'O c N M N N T N j O 0 O a Y N . D j V 0 = C} N w m ° O Q C N O L — N > O o TASK ° Y ~ `A ° ° CO a ° `n N TOTALS Data Collection 2 6 4 12 Field Surveys 2 4 12 18 Utility Coordination 8 4 12 Design Confirmation 2 4 4 8 18 Base Topo Prep. 2 16 18 Pavement Plans 8 22 44 38 112 Striping & Signal Loops 2 16 32 50 Specs/ Quants/ Estimates 2 2 2 8 8 22 Caltrans Coordination 8 16 24 Bid & Constr. Services 8 12 6 8 8 42 Meetings /Coordination 16 8 4 4 32 TOTAL 48 54 32 12 4 28 112 46 12 12 360 N KETINWMP2�POMro h2vTIMMOT2.tis)tord 9/7/00 0 HOURS ALLOCATION MATRIX Ford Road: MacArthur Boulevard to Jamboree Road 0 N,V RKETINWmp2DOft � ach2vTIMEAl01 .a1x)lok 9/7/00 E m C o C N N m m E 110 C m "O o U) o m ` o w .0 to p_ rj c -OO o w a in m w 0 o r v > o m TASK ° a ` A Y ~ N ° ° ° < N TOTALS Data Collection 2 6 4 12 Field Surveys 2 2 8 12 Utility Coordination 6 3 9 Design Confirmation 2 4 4 10 Base Topo Prep. 2 8 10 Pavement Plans 4 12 24 22 62 Striping & Signal Loops 2 8 16 26 Specs/ Quants/ Estimates 2 3 6 6 17 Caltrans Coordination 4 8 12 Bid & Constr. Services 6 8 4 8 8 34 Meetings /Coordination 8 4 2 2 16 TOTAL 30 37 14 8 4 16 64 30 1 9 8 220 N,V RKETINWmp2DOft � ach2vTIMEAl01 .a1x)lok 9/7/00 0 0 Van Dell and Associates, Inc. Proposal to Provide Professional Engineering Services for Arterial Highway Rehabilitation Program at San Miguel Drive and Ford Road 7.0 FEES Based on VA's understanding of the project and the scope of services, as described, fees and expenses of $39,678.00 and $24,210.00 are proposed, for the San Miguel Drive and Ford Road segments, respectively. The total for both projects which includes all labor, materials, reprographics, and meetings required to prepare final PS &E, coordinate with Caltrans and provide construction support services for the pavement rehabilitation projects is $63,888.00. The Tables on pages 7 -2 and 7 -3 list the total hours by tasks and individual as well as the associated fees and expenses for the two projects. The VA Fee Schedule for the proposed work is provided on page 7 -4. The proposed fees and expenses for the subject assignment are valid for a period of ninety days from the date of this proposal. N \MARKETIN\ rop2000\newpodbe ch2 \FEES.tloc 7 -1 c0 O cc N SD O E m L o V > w m > m m � w 0 w 3 m z m � w Z .6 a W 0 ° t0 O O �z Y O N w U �0 LL 0 0 E °z a € m $ o $ m E O 3 Z i$ O N co D lal N W M N N n Ih f9 19 lh W N W r f9 Q i9 19 M M r 0 Vi N K M m W (9 K (9 N 19 N N 19 W W (9 M W 19 M ✓ � N 2 W (A 0 0 c0 IA 0 0 M fA 0 0 r (9 0 0 (7 fA 0 0 (fl 0 f9 0 0 V 0 0 O 0 r fA 0 f9 0 ifI N 0 (9 0 l° 0 fA 0 O� 0 fA 0 O 0 fA 0 f9 0 fA 0 f9 N (� N O r fN O N m m o m r n U1 N <O O a OfA fA � fA fA !M FA M vi N vi Hi t9 (A to C C] � O � F O N O N O W O O O O O O N V w N O O O N m m � L ]01N ro U Cli t N !9 M w m V O O W L O O f L W (O of m p O N O � N O L fA U R V of in m O ❑ L � N O m O O p r r (n N a L � CO m 0 N L � N N N R N N O f° QI m N p m O at � r N N (O 3 a � N W C Q m U � O y z z o m w m a O r ¢ c W p z ti m `N O U ~ LL m r z z ¢ „9 m i v m 0 Cc v O LL O w O CL S V c m m F Cfl n c m N 0 U N 3 > z y p` w n Z N w w o a� a a+ C y w fU in LL N m O s° 5 9 d g Z �o z � m m cn � m N N f9 0.0N0 N I9 N (9 [ N O 19 O Q O f9 N M O 19 O tli CI N N N m Q 1D O O W O IA 01 N O M N N O !9 Q OI 0 fA 0 m 0 M 0 M 0 tli 0 M m � 6 Vi M tli M M M tli � � Hr e9 M e9 n W 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O m O m d3 N tAM(9 <O f9�Mh fA (fl d• N 001 d3 fA mf»tO fA W fAOl9 (A fA f9 O 1� 4f 1q l7 O 1� �_ m Q N m O C O W 1� w Aq N A d3 N N d3 w d3 N (9 fA f9 N fA r fA N f9 fA N N d3 43 w fA m w m m O yj F O N O m O N O m O m O O N n N O O N O N 0 NN O N 0 0 0 0 a N m A N � L Q U N ' O L N lA m N O O r Q m m m N L » O O O N � d F N r L C W zE O O m O p � " m p L fy ¢ U Q m (O Y W M m m N N r Q) p C p t O co f2 m m m N N�mm Q m (O 00N O (n N � L N N N m N N m m m N N p m " � N at � a, 9 o m y C A ¢ w � O Z ¢ N W m w 0) m y � U A Z z0 > w a z m O¢ = w o z d aYUi H w w m O U O LL N Q 1- Z o Z o ¢ a " m�< N Z¢ ¢ ¢ Z C W Z Q Q 2 m O O z p 5 ¢ > N N L Z 0 Z m p ¢ < Z '- o m z o OU O m o m° ¢ r ¢ w0 _ 'm c O O Z U c ¢ W Z nZ j O Z ¢ m m N m — O O Z O Z o E c o m 7 N (w 7 W m H ¢ wo o = o¢ o O o m . m 0 N 0¢ a rn r N m O s° 5 9 d g Z �o z � VAN DELL AND ASSOCIATES, to • 17801 Cartwright Road Irvine, California 92614 949/474 -1400 FAX 949/261 -8482 VAN DELL AND ASSOCIATES, INC. For City of Newport Beach Professional Engineering Services Staff Classification Hourly Ra P Clerical /Support Staff $ 40.00 Engineering Technical Support $ 50.00 CADD Operator/Drafter $ 85.00 Design /Survey Staff $ 95.00 Professional Staff $110,00 Senior Professional Staff /Project Manager $125.00 Two -Man Survey Crew $170.00 Three -Man Survey Crew $200.00 Notes: 1. Billing will be every four weeks. Invoices are due and payable on presentation. Engineers Planners Surveyors 2. Overtime, when requested by the client, will be surcharged at a rate of 135% of the standard hourly rates. Sundays and holidays will be surcharged at a rate of 170% of the standard hourly rates. N:WARKEnN%Ptop200Miewpo ch2\CNa1eesched.do Exhibit B • i CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3005 August 20, 2001 Excel Paving Company 2230 Lemon Avenue Long Beach, CA 90806 Gentlemen: Thank you for your courtesy in submitting a bid for the San Miguel Drive Pavement Rehabilitation (Contract No. 3374) 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, J rd m 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 20, 2001 R. J. Noble Company 15505 E. Lincoln Avenue Orange, CA 92865 Gentlemen: Thank you for your courtesy in submitting a bid for the San Miguel Drive Pavement Rehabilitation (Contract No. 3374) in the City of Newport Beach. Enclosed is the Bid Bond which accompanied your proposal for the above mentioned project. Your cooperation in working with us on this matter is greatly appreciated, and we hope that you will accept future opportunities to bid on projects of a similiar nature. Enclosure Sincerely, LaVonne M. Harkless, CMC /AAE City Clerk 3300 Newport Boulevard, Newport Beach 0 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3005 August 20, 2001 Industrial Paving, Inc. 4938 -A Azusa Canyon Road Irwindale, CA 91706 Gentlemen: Thank you for your courtesy in submitting a bid for the San Miguel Drive Pavement Rehabilitation (Contract No. 3374) in the City of Newport Beach. Enclosed is the Bid Bond which accompanied your proposal for the above mentioned project. Your cooperation in working with us on this matter is greatly appreciated, and we hope that you will accept future opportunities to bid on projects of a similiar nature. Enclosure Sincerely, LaVonne M. Harkless, CMC /AAE City Clerk 3300 Newport Boulevard, Newport Beach 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3005 August 20, 2001 Sully - Miller Contracting Company 1100 E. Orangethorpe Avenue, #200 Anaheim, CA 92801 Gentlemen: Thank you for your courtesy in submitting a bid for the San Miguel Drive Pavement Rehabilitation (Contract No. 3374) 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, m,d'tw� 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 20, 2001 Orion Contracting, Inc. 806 E. Ave. Pico, Suite I, #337 San Clemente, CA 92672 Gentlemen: Thank you for your courtesy in submitting a bid for the San Miguel Drive Pavement Rehabilitation (Contract No. 3374) 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 i • CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3005 August 20, 2001 Silvia Construction, Inc. 9007 Center Avenue Rancho Cucamonga, CA 91730 Gentlemen: Thank you for your courtesy in submitting a bid for the San Miguel Drive Pavement Rehabilitation (Contract No. 3374) 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, , 6,1", M. 'U� LaVonne M. Harkless, CMC /AAE City Clerk 3300 Newport Boulevard, Newport Beach 0 • CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3005 August 20, 2001 Sequel Contractors, Inc. 12240 S. Woodruff Avenue Downey, CA 90241 Gentlemen: Thank you for your courtesy in submitting a bid for the San Miguel Drive Pavement Rehabilitation (Contract No. 3374) 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