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HomeMy WebLinkAboutC-3525 - Jamboree Road Street Rehabilitation from Bison Avenue to University DriveCITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK LaVonne M. Harkless, MMC December 9, 2004 All American Asphalt P. O. Box 2229 Corona, CA 92878 -229 Subject: Jamboree Road Street Rehabilitation (C -3525) To Whom It May Concern: On December 9, 2003, the City Council of Newport Beach accepted the work of the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 35 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code and to release the Faithful Performance Bond one year after Council acceptance. The Labor & Materials Bond was released on February 3, 2004. The Surety for the contract is Fidelity and Deposit Company of Maryland, and the bond number is 086 -74 -638. Enclosed is the Faithful Performance Bond. Sincerely, c4 "M . W LaVonne M. Harkless, MMC City Clerk cc: Public Works Department R. Gunther, Project Manager enclosure 3300 Newport Boulevard • Post Office Box 1768 Newport Beach, California 92658 -8915 Telephone: (949) 644 -3005 - Fax: (949) 644 -3039 - www.city.newport- beach.ca.us EXECUTED IN FOUR (4) PARTS CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT JAMBOREE ROAD REHABILITATION PROJECT FROM BISON AVENUE TO UNIVERSITY DRIVE CONTRACT NO. 3525 BOND NO. 086 74 638 FAITHFUL PERFORMANCE BOA The premium charges on this Bond is $ 2.655.00 being at the rate of $ 4.00 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 "Principar, a contract for construction of JAMBOREE ROAD REHABILITATION PROJECT, Contract No. 3525 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. 3525 and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract; NOW, THEREFORE, we, the Principal, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND , duly authorized to transact business under the laws of the State of California as Surety (hereinafter `Surety'), are held and firmly bound unto the City of Newport Beach, In the sum of six hundred sixty -three thousand, six hundred sbdythree and 001100 Dollars ($663,663.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the 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 shalt become null and void. As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attomeys fees, incurred by the City, only in the event the City Is required to bring an action In law or equity against Surety to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or to the specifications accompanying the same shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by the Ctty. 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 18th day of APRIL , 2003. All American Asphalt (Principal) FIDELITY AND DEPOSIT COMPANY OF MARYLAND Name of Surety 225 SO. LAKE AVE, #700 PASADENA, CA. 91101 Address of Surety SURETY: 626 - 792 -2311 AGENT: 714- 935 -1112 Telephone Authorized Signature/Trtle [ _ v1(elpt9id �Aafhorized Age Signature OWEN M. BROWN, ATTORNEY -IN -FACT Print Name and Tale NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California ORANGE ss. County of JJJ On 4 -18 -03 before me, BARBARA J. BENDER, NOTARY PUBLIC Date Neme and Title AI Ofte, (a.p., *Jam Dm. Notary PuNlc) personally appeared OWEN M. BROWN yYc Few Noary SAM Abme XXXpersonally known to me RIMM deF. to be the person(§Q whose name(l) isO tmc subscribed to the within instrument and acknowledged to me that he executed the same in his /RI'iCt4Dit authorized capacity(VO,r and that by hisA signatureNTon the instrument the person(A9, or the en ' upon behalf of which the person() act a ecuted the instrument. OPTIONAL Though the informelion 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. 086 74 638 Document Date: 4 -18 -03 Number of Pages: TWO (2 ) Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: OWEN M. BROWN ❑ Individual Top of thumb here ❑ Corporate Officer— Title(s): ❑ Partner —❑ Limited ❑ General XXXAttomey in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: FIDELITY AND DEPOSIT COMPANY OF MARYLAND O ISPS WETY NOtl1rMQI. IM' V. UO p1SOIp AN.. F.O. BM i10$'C�.m.WE1.Wa1J1SlWJ AN.NI T.M {Ir.01p PRd. W. Mr • W TC<Lrl.e,d06aTada = r CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of Califomia SS. County of R `d: -,r e Cif On ! ''''', ✓ () J before me, vi lnwOz i�jl rt — - �i1 e (_l r ? 1: �'•. D. Nam u TN. d Oftw (a4,'.bn. D.a Nwwy Rbkl personalty appeared Ricty7f; F6f 1 'sk:?:- ^ N.I*.l dsipiw(N ,91'personally known to me 0 proved to me on the basis of satisfactory evidence TENNILLE MORRIS Commission # 1374628 rz . _�" Notary Public - California Riverside County My Comm. Expires Sep 13, 2006 to be the person whose name istafe subscribed to the within Instrument and acknowledged to me that he/sher'llNey executed the same In his/he~F. authorized capacity(iesj- and that by hisihentheif signature(d) on the Instrument the persono or the snt4 upon behalf of which the pe on,$)' acted, executed the instrument. WITNESS my hand and official seal, W d ND" wbk OPTIONAL Though Me Nloirma r below Is not mqulmd bylaw, it may prom valuable to persons raying on the dreumem and oaudpmv t fraudulent removal and maht hrr r or this form to another document Description of Attached Document Title or Type of Document: Document Date: Number of Pages: a Signer(s) Other Than Named Above: i",(�r?,`1,} i CIr'r, I:C'jl� ;1 (' fr;CG'; t.i r.� '!t t':`;a'tl -r Capacity6es) Claimed by Signer Signer's Name: 0, Individual Corporate 0 Partner -0 0 Attomey -in -F 0 Trustee C3 Guardian or 0 Other. Top of eNmb ham Of ffcar — Title Urn General act Conservator Signer Is Representing:. ^Cs? ^•.; ,_;lam :; /'1'.+ 019N Nidoml Ndwr Aw.Wbe, =0Do 9 An.. R0. Bw 2402• GTrb,wrti, G 913132402• rw mftp bahryary Pm0. Na.59M R.onir. Cj T.IFn. 1 a00076ltQr • 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK LaVonne M. Harkless, CMC February 3, 2004 All American Asphalt P.O. Box 2229 Corona, CA 92878 -2229 Subject: Jamboree Road Street Rehabilitation (C -3525) To Whom It May Concern: On December 9, 2003, the City Council of Newport Beach accepted the work of the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 35 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code, and to release the Faithful Performance Bond one year after Council acceptance. The Notice of Completion was recorded by the Orange County Recorder on December 29, 2003, Reference No. 2003001522848. The Surety for the contract is Fidelity and Deposit Company of Maryland, and the bond number is 086 74 638. Enclosed is the Labor & Materials Payment Bond. Sincerely, LaVonne M. Harkless, CMC City Clerk cc: Public Works Department Fong Tse, Associate Civil Engineer encl. 3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, California 92658 -8915 Telephone: (949) 644 -3005 - Fax: (949) 644 -3039 • www.city.newport- beach.ca.us EXEC= IN FOUR (4) PARTS 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT JAMBOREE ROAD REHABILITATION PROJECT FROM BISON AVENUE TO UNIVERSITY DRIVE CONTRACT NO. 3525 BOND NO. 086 74 638 WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, has awarded to All American Asphalt, hereinafter designated as the - Principal," a contract for constriction of JAMBOREE ROAD REHABILITATION PROJECT, Contract No. 3525 in the City of Newport Beach, in strict conformity with the plans, drawings, specifications and other Contract Documents in the office of the Public Works Department of the City of Newport Beach, all of which are incorporated herein by this reference. . WHEREAS, Principal has executed or is about to execute Contract No. 3525 and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth: NOW, THEREFORE, We the undersigned Principal, and, DELITY AND DEPOSIT COMPANY OF MARYLAND 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 six hundred sixty -three thousand, six hundred sixty -three and 001100 Dollars (5663,663.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, Jointly and severally, firmly by these present THE CONDITION OF THIS OBLIGATION IS SUCH, that it the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the work contracted to be done, or for any other work or tabor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorney's fee, to be fixed by the Court as required by the provisions of Section 3250 of the Civil Code of the State of California. 0 0 The Sond.shall Inure to the benefit of any and all persona, companies, and oorporationa entitled to file claims under Section 3181 of the California Civil Code so as to give a right of action to them or their assigns.in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 3247 et. seq, of the Civil Code of the State of 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 18th day of APRIL 2003, All American Asphalt (Principal) FIDELITY AND DEPOSIT COMPANY OF MARYLAND Name of Surety 225 SO. LAKE AVE, #700 PASADENA, CA. 91101 Address of Surety SURETY: 626 - 792 -2311 AGENT: 714- 935 -1112 Telephone Authorized SignatureMbe oc ,Authorized A gnature z_ OWEN M. BROWN, ATTORNEY -IN -FACT Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED i 0 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of ORANGE I ss. On 4 -18 -03 before me, BARBARA J. BENDER, NOTARY PUBLIC Deft Name and Tide of Mar (e.p.,'Jane Doe, No" Pubikj personally appeared OWE'N M. BROWN Name($) of Sgaga) Plea Nob? Seal Ab" XXXpersonally known to me $A'= .'�:�: R,�:: �):.��:.�i X1,7 lJifhd.3 :: • :7_P31Q�LP- to be the person(§O whose name(S) isdm®c subscribed to the within instrument and acknowledged to me that helt0VAAA1Rexecuted the same in his/Kill authorized capacity(1991 and that by hisARRIPPRIM signaturetgon the instrument the person(Ag, or the a 'ty upon behalf of which the person(g) aqt6d, #xecuted the instrument. 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 Document Title or Type of Document: PAYMENT BOND NO. 086 74 638 Document Date: 4 -18 -03 Number of Pages: TWO (2 ) Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer Signer's Name: OWEN M. BROWN ❑ individual Top of lhumb here • Corporate Officer — Title(s): • Partner — ❑ Limited ❑ General XXXAttomey in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: FIDELITY AND DEPOSIT COMPANY OF MARYLAND V, we.. rr•YI, N-O -RI. .. w.,'..••. i.' WY- .Yw n,"J- ,.- w-.,- •R- .5u,1. -a 1—w. ,.1 A . �,— ,RV•.Oif[, ! • Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by M. P. HAMMOND, Vice President, and L. L. GOUCHER, Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By -Laws of said Company, w Set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof d s �' mate, constitute and appoint Owen M. BROWN, of Anaheim, California, its true and lawf 1 y -' , to make, execute, seal and deliver, for, and on its behalf as surety, and as it6er 1 o ngs and the execution of such bonds or undertakings in pursuance of these aPTMe6r�egolarly ompany, as fully and amply, to all intents and purposes, as if they had be ((�y u elected officers of the Company at its office in Baltim i1�tY owry.pspp � n ower of attorney revokes that issued on behalf of Owen M. BROWN- -date-"u1� 2 0,*. The said Assistant SkcP ar oe t' �-tftythat the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By- C any, and is now in force. IN WITNESS W OF, the said Vice - President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 11th day of February. A.D. 2003. ATTEST: olp OtVOS o c !Qp i J4Wm State of Maryland ss: City of Baltimore FIDELITY AND DEPOSIT COMPANY OF MARYLAND cIL/11 ' c� By: Gk\��'j L. L. Goucher Assistant Secretary M. P. Hammond Vice President On this 11th day of February, A.D. 2003, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came M. P. HAMMOND, Vice President, and L. L. GOUCHER, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duty affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. S �YNMy� m 1-)-�- Sandra Lynn Mooney Notary Public My Commission Expires: January 1, 2004 POA -F 012 -4160 EXTRACT FROM BY -LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice - President, or any of the Senior Vice - Presidents or Vice- Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice - Presidents, Assistant Vice - Presidents and Attorneys -in -Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,... and to affix the seal of the Company thereto." CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that the Vice - President who executed the said Power of Attorney was one of the additional Vice - Presidents specially authorized by the Board of Directors to appoint any Attorney -in -Fact as provided in Article VI, Section 2, of the By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice - President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company this 18th day of APRIL _ 2003 Assistant Secretary 0 0 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of as. ��VC?YSiC�� On AGY11 OC3 before.. 1 ?,001610 ��CYr1j NCtaru t�ll�lv_. D.r Nw w TRwda V (a Q. Iwaw^ W-0 personally appeared Ibex t �Y ld��a w.w.l 1 personally known to me 0 proved to me on the basis of satisfactory evidence TENNILLE MORRIS Commission # 1374628 ..� Notory Public - Colifornio Riverside County My Comm. bores Sep 13.2006 to be the personal whose name() is/are- subscribed to the within instrument and acknowledged to me that he%hefdWexecuted the same In hialheNtheir authorized capacity(leaf. and that by hla/heNtheIr signature on the Instrument the person , or the entttqupon behatt of which the personoll acted, executed the Instrument. WITNESS my hand and official seal. /i%c1L A2&11* � 16 S y samo a No" PLOD OPTIONAL Though Ma InbmMUM bebw Is not repdmd by bar It mayPr � valuable b Pam" MAa on dw documen4 and c*Wpmvem harddod removal and rearmdWoM of Mb lam b &WOW dogrmwd. Description of Attached Document Title or Type of Document: J Document Date: 1�f Y1� LL 3 Number of Pages: Signer(s) Other Than Named Above: 1-16- _ 1 t(j ci nd �U'— `C'(1o1 is i i iL-ai l i rd Capacity090 Claimed by Signer Signer's Name: RC'bL(k 1�YCV�Ieu 0 Individual Top a n.mb hm � Corporate Officer — Tltlef�: V I C C 1�Yrx� 1(�C?r1 � 0 Partner —❑ Limited 0 General ❑ Attomeyin•Fact 0 Trustee ❑ Guardian or Conservator ❑ Other. Signer Is Representing: �l1� Qmenw o PS wYj\� 0 144e Ntl WNOlu4 M1cd55w1.8550 De Sob Am. P.C. 60 2104. CMbwOM, CA 6151 .M. www.OtlbwV wpM NOd Na 5WT Neck COTOWWI 0P5T5e52/ December 11. 2003 Orange County Recorder P. O. Box 238 Santa Ana, CA 92702 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK LaVonne M. Harkless, CMC RE: Notice of Completions for: Jamboree Road, Bison to University Street Rehabilitation (C- 3525); Newport Heights Alley Replacement (C- 3565); Bayside Drive Resurfacing (C- 3556); and Buck Gully, Linda Isle and Carnation Pump Station Rehabilitation (C- 3368). Please record the four enclosed documents and return them to the City Clerk's Office. Thank you. Sincerely, LaVonne M. Harkless, CIVIC City Clerk Enclosures 3300 Newport Boulevard - Post Office Box 1768 - Newport Beach, California 92658 -8915 Telephone: (949) 644 -3005 - Fax: (949) 644 -3039 • www.city.newport- beach.ca.us 4 0 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 to Government Code - Section 6103" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and All American Asphalt, of Corona, California, as Contractor, entered into a Contract on April 22, 2003. Said Contract set forth certain improvements, as follows: Jamboree Road, Bison to University Street Rehabilitation (C -3525) Work on said Contract was completed on November 10. 2003, and was found to be acceptable on December 9. 2003, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Fidelity and Deposit Company of Maryland. VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on M City Clerk , at Newport Beach, California. �- .3 5�S CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 17 December 9, 2003 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department R.Gunther, P.E. 949 - 644 -3311 rgunther@city.newport-beach.ca.us SUBJECT: JAMBOREE ROAD, BISON TO UNIVERSITY STREET REHABILITATION — COMPLETION AND ACCEPTANCE OF CONTRACT NO. 3525 RECOMMENDATIONS: 1. Accept the work. 2. Authorize the City Clerk to file a Notice of Completion. 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 April 22, 2003, the City Council authorized the award of the Jamboree Road, Bison to University Street Rehabilitation contract to All American Asphalt. The contract provided for work on Jamboree Road from Bison Avenue to University Drive, consisting of two major components. The first component of the project provided for the 2 -inch deep grinding and removal of the existing roadway surface and the construction of asphalt concrete pavement. The second component of the project provided the reconstruction of the existing median curbs throughout the project length to restore the median curb face height that was reduced by previous pavement overlay projects. In addition, integrally colored stamped concrete was constructed adjacent to the new curbs to enhance the median appearance. New pavement striping was installed and curb access ramps were reconstructed as a part of the project. This project was approved by the Orange County Transportation Authority for competitive Federal Arterial Highway Rehabilitation Program (AHRP) funds. The funding obligation and reimbursement from the Federal Highway Administration are processed through Caltrans. The contract has now been completed to the satisfaction of the Public Works Department. A summary of the contract cost is as follows: SUBJECT: Jamboree Road, Bil o University Street Rehabilitation - Completion And Sptance of Contract No. 3525 December 9, 2003 Page 2 Original bid amount: $664,013.00 Actual amount of bid items constructed: $588,633.70 Total amount of change orders: $21,779.75 Final contract cost: $610,413.45 The decrease in the amount of actual bid items constructed under the original bid amount resulted from a reduction in the quantity rubberized asphalt surface. The final overall construction cost including Change Orders was 8.07 percent below the original bid amount. Two Change Orders totaling $21,779.75 provided for additional aggregate base and traffic loop replacement. Environmental Review: To complete the environmental review required for Federal funding an archaeological and historic /cultural study and report was completed for this project, which found no sources of concern. A categorical exemption was filed with the County Clerk on March 31, 2003 to comply with CEQA. No other environmental reviews were required. Funding Availability: Funds for the project were expended from the following accounts: Account Description Account Number Amount Gas Tax 7181- C5100694 $374,125.45 AHRP 7285- C5100694 $236,288.00 Total: $610,413.45 The original contract completion date was September 16, 2003. Due to extra change order work the completion date was extended to November 10, 2003. All work was completed by the revised completion date. Prepared by R. Gunther, P.E. Construction Engineer Submitted by to en, adum (��Iic,,V&ks Director f: \users\pbMshared \council \fy03- 04 \dec- 9yamboree rehab - bison - university- noc- c- 3525.doc • 3� C_35a5 CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 4 April 22, 2003 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Fong Tse, Associate Civil Engineer 949 - 644 -3340 ftse@city.newport-beach.ca.us By THE CITY SUBJECT: JAMBOREE ROAD STREET REHABILITATION, CONTRACT NO. 3525 — AWARD OF CONTRACT RECOMMENDATIONS: 1. Approve the plans and specifications. 2. Affirm Categorical Exemption for the work. 3. Award Contract No. 3525 to All American Asphalt for the Total Bid Price of $664,013.00, and authorize the Mayor and the City Clerk to execute the contract. 4. Establish an amount of $66,000.00 to cover the cost of unforeseen work. DISCUSSION: At 11:00 A.M on April, 10, 2003, the City Clerk opened and read the following bids for this project: * Corrected Bid Amount is $664,013.00 The low total bid amount is twenty -seven percent (27 %) below the Engineer's Estimate of $910,000.00. The disparity between the Engineer's estimate and the low total bid amount is mainly due to the lower asphalt concrete and portland cement concrete prices BIDDER BID AMOUNT Low All American Asphalt of Corona $663,663.00 2 R.J. Noble Company of Orange $695,282.50 3 Ben's Asphalt of Santa Ana $795,746.00 4 Palp, Inc. DBA Excel Paving Company of Long Beach $799,585.00 5 EBS, Inc. of Corona $814,322.50 6 Orion Contracting, Inc. of San Clemente $816,676.00 7 Los Angeles Engineering Inc. of Rosemead $827,908.00 8 Olivas Valdez, Inc. of Covina $976,555.00 * Corrected Bid Amount is $664,013.00 The low total bid amount is twenty -seven percent (27 %) below the Engineer's Estimate of $910,000.00. The disparity between the Engineer's estimate and the low total bid amount is mainly due to the lower asphalt concrete and portland cement concrete prices Subject: Jamboree Road AN Rehabilitation, Contract No. 3525 — Award of ntract April 22, 2003 Page: 2 bid. The low bidder, All American Asphalt, possesses a General Engineering Classification "A" contractor's license as required by the project specifications. All American has satisfactorily completed similar roadway rehabilitation projects for the City. The work, on Jamboree Road from Bison Avenue to University Drive, consists of two (2) major components. The first component of this project provides for the 2 -inch deep grinding and removal of the existing roadway surface and the construction of 7,800 tons of asphalt concrete pavement. The second component of this project provides for the reconstruction of the existing 6,000 linear feet of median curbs throughout the project length to restore the median curb face height that was reduced by previous pavement overlay projects. In addition, approximately 8,700 square feet of integrally colored stamped concrete will be constructed adjacent to the new curbs to enhance the median appearance. New pavement striping will be installed and ten (10) curb access ramps will be reconstructed as a part of this project. In order to minimize inconvenience to the community, All American Asphalt is required to complete all construction work and install temporary pavement striping within 65 workdays. After a 15 -day curing period All American will return to the site to install the permanent pavement striping and markings. This project was approved by the Orange County Transportation Authority for competitive Federal Arterial Highway Rehabilitation Program (AHRP) funds. The funding obligation and reimbursement from the Federal Highway Administration are processed through Caltrans. Environmental Review: To complete the environmental review required for Federal funding an archaeological and historic /cultural study and report was completed for this project, which found no resources of concern. A categorical exemption was filed with the County Clerk on March 31, 2003 to comply with CEQA. No other environmental reviews were required. Funding Availability: There are sufficient funds available in the following accounts for the work: Account Description Gas Tax AHRP Prep y: Fon e Associate Civil Engineer Account Number Bid Amount 7181- C5100694 $403,252.00 7285- C5100694 $260,761.00 TOTAL: $664,013.00 Attachments: Project Location Map Bid Summary Submitted Continnencv $39,924.00 $26,076.00 $66,000.00 ;iStepp6n G. 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D. o c c E E o y `o 0 - .+ a .0 a- O u °��c°i aEio�OC"i =i5 mp o�oo`o Q U6cc � r� Q'E °hy o N> U) n yKj N O O r C C p N 0 J 0 "p p¢ Z O O c> C C 0 0 U c S] >) -2 << Q Q w U C CCU N O W CO � p Q) x O x ww x> ,D U n L U V V N C U C3 U c c- O p 7 J j j>> J J_? Q d a a y 0 U C 2 0 0 B°p U C C E E C C C C — O C C 0 0 0 Q p 0 0 0] 0 0 c� 0 0 0 cc 0 0 0 0 0— U� O O O cccc�Qa p o 0 ' O �Nmvv><ormOO�Nt7Ol(J tOrN010 N N Nf�IQ N N N N(O N N 0 d N 3 ° z E 9 J 11 JAMBOREE ROAD REHABILITATION BISON AVENUE TO UNIVERSITY DRIVE LOCATION MAP NOT TO SCALE 2 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Recorded in Official •ords, County of Orange Tom Daly, Clerk- Recorder 11111VI1111111111Nf 11111! 1111ifII1NNIIIf11111111111111flIIfIf111N0 FEE 2003001522848 02:28pm 12129103 213 109 N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 "Exempt om recordingq fees pursuant to Government Code Section 6103" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and All American Asphalt, of Corona, California, as Contractor, entered into a Contract on April 22, 2003. Said Contract set forth certain improvements, as follows: Jamboree Road Bison to University Street Rehabilitation (C -3525) Work on said Contract was completed on November 10. 2003, and was found to be acceptable on December 9, 2003, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Fidelity and Deposit Company of Maryland. VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on /L� �7 at Newport Beach, California. BY r City Clerk GrY OF NEWPORT BEA CITY CLERK NOTICE INVITING BIDS Sealed bids may be received at the office of the City Clerk, 3300 Newport Boulevard, Newport Beach, CA 92663 until 11:00 AM on the 10th day of April 2003, at which time such bids shall be opened and read for JAMBOREE ROAD REHABILITATION PROJECT FROM BISON AVENUE TO UNIVERSITY DRIVE STPL- 5151 -017 Contract No. 3525 $910,00 Engineer's Estimate ,Ohen G. Badum is Works Director O�- <1/ JP� P o aF N��J��y�Jy\e�� DBE Goal for this project is 8.83 percent. Prospective bidders may obtain one set of bid documents at a cost of $60.00 at the office of the Public Works Department, 3300 Newport Boulevard, Newport Beach, CA 92663 Contractor License Classification(s) required for this project: "A" For further information, call Fong Tse, Project Manager at (949) 644 -3340 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT JAMBOREE ROAD REHABILITATION PROJECT FROM BISON AVENUE TO UNIVERSITY DRIVE CONTRACT NO. 3525 INSTRUCTIONS TO BIDDERS The following documents shall be completed, executed and received by the City Clerk in accordance with NOTICE INVITING BIDS: INSTRUCTIONS TO BIDDERS BIDDER'S BOND DESIGNATION OF SUBCONTRACTORS CONTRACTOR'S INDUSTRIAL SAFETY RECORD INFORMATION REQUIRED OF BIDDER ALL ADDENA TO PLANS AND SPECIFICATIONS AS ISSUED BY AGENCY PRIOR TO BID OPENING DATE (if any) TECHNICAL ABILITY AND EXPERIENCE REFERENCES NON - COLLUSION AFFIDAVIT DESIGNATION OF SURETIES PROPOSAL 2. Cash, certified check or cashier's check (sum not less than 10 percent of the total bid price) may be received in lieu of the BIDDER'S BOND. The title of the project and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. 3. The City of Newport Beach will not permit a substitute format for the Contract Documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. 4. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. The successful bidder's security shall be held until the Contract is executed. Bidders' security shall be returned to unsuccessful bidders within a reasonable time not to exceed 60 calendar days after the successful bidder has signed the Contract. 5. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of total bid prices. 6. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of discrepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be 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 • CITY OF NEWPORT BEACH • PUBLIC WORKS DEPARTMENT JAMBOREE ROAD REHABILITATION PROJECT FROM BISON AVENUE TO UNIVERSITY DRIVE CONTRACT NO. 3525 TABLE OF CONTENTS NOTICE INVITING BIDS ............................................ ............................... ..........................Cover 23 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 SECTION 10162 QUESTIONNAIRE ............. ............................... 6 PUBLIC CONTRACT CODE 10232 STATEMENT ...................................... ............................... 7 TECHNICAL ABILITY AND EXPERIENCE REFERENCES ........................ ............................... 8 NON- COLLUSION AFFIDAVIT ................................................................. ............................... 12 DESIGNATION OF SURETIES ................................................................. ............................... 13 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL .............. 14 ACKNOWLEDGEMENT OF ADDENDA .................................................... ............................... 16 INFORMATION REQUIRED OF BIDDER ................................................. ............................... 17 DEBARMENT AND SUSPENSION CERTIFICATION ............................... ............................... 20 NONLOBBYING CERTIFICATION FOR FEDERAL -AID CONTRACTS .... ............................... 21 DISCLOSURE OF LOBBYING ACTIVITIES ............................................. ............................... 22 INSTRUCTIONS FOR COMPLETION OF SF -LLL, DISCLOSURE OF LOBBYING ACTIVITIES ............................................. ............................... 23 LOCAL AGENCY BIDDER - DBE — INFORMATION ................................. ............................... 25 DBE INFORMATION - GOOD FAITH EFFORTS ...................................... ............................... 26 SECTION 2. PROPOSAL REQUIREMENTS AND CONDITIONS ............. ............................... 28 SUBCONTRACTOR AND DBE RECORDS .............................................. ............................... 33 DISADVANTAGED BUSINESS ENTERPRISE CERTIFICATION STATUS CHANGE ............. 34 PERFORMANCE OF DBE SUBCONTRACTORS AND SUPPLIERS ....... ............................... 36 BUY AMERICA REQUIREMENTS ............................................................ ............................... 37 FEDERAL MINIMUM WAGE RATES ........................................................ ............................... 38 NOTICE TO SUCCESSFUL BIDDER ...................................................... ............................... 56 CONTRACT............................................................................................. ............................... 57 LABOR AND MATERIALS PAYMENT BOND ........................................... ............................... 63 FAITHFUL PERFORMANCE BOND ......................................................... ............................... 65 FEDERAL REQUIREMENTS FOR FEDERAL AID CONSTRUCTION PROJECTS ..............FR -1 PROPOSAL.......................................................................................... ............................... PR -1 SPECIAL PROVISIONS ............................................................................. ...........................SP -1 PROJECT FUNDING SIGN DETAIL ..................................................... ............................... SD -1 2 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT JAMBOREE ROAD REHABILITATION PROJECT FROM BISON AVENUE TO UNIVERSITY DRIVE CONTRACT NO. 3525 INSTRUCTIONS TO BIDDERS The following documents shall be completed, executed and received by the City Clerk in accordance with NOTICE INVITING BIDS: INSTRUCTIONS TO BIDDERS BIDDER'S BOND DESIGNATION OF SUBCONTRACTORS CONTRACTOR'S INDUSTRIAL SAFETY RECORD INFORMATION REQUIRED OF BIDDER ALL ADDENA TO PLANS AND SPECIFICATIONS AS ISSUED BY AGENCY PRIOR TO BID OPENING DATE (if any) TECHNICAL ABILITY AND EXPERIENCE REFERENCES NON - COLLUSION AFFIDAVIT DESIGNATION OF SURETIES PROPOSAL 2. Cash, certified check or cashier's check (sum not less than 10 percent of the total bid price; may be received in lieu of the BIDDER'S BOND. The title of the project and the word: "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. The City of Newport Beach will not permit a substitute format for the Contract Documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. 4. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. The successful bidder's security shall be held until the Contract is executed. Bidders' security shall be returned to unsuccessful bidders within a reasonable time not to exceed 60 calendar days after the successful bidder has signed the Contract. 5. The estimated quantities indicated In the PROPOSAL are approximate, and are given solely to allow the comparison of total bid prices. 6. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of discrepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible jor bidder errors and omissions in the PROPOSAL. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at the request and expense of the Contractor, securities shall be permitted in substitution of money withheld by the City to ensure performance under the contract. The securities shall be deposited in a state or federal chartered bank in California, as the escrow agent. 8. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available by calling the prevailing wage hotline number (415) 703 -4774, and requesting one from the Department of Industrial Relations. All parties to the contract shall be governed by all provisions of the California Labor Code relating to prevailing wage rates (Sections 1770 -7981 inclusive). 9. The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5 of the Labor Code Apprenticeship requirements and Section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act ". 10. All documents shall bear signatures and titles of persons authorized to sign on behalf of the bidder. For corporations, the signatures shall be of a corporate officer or an individual authorized by the corporation. For partnerships, the signatures shall be of a general partner. For sole ownership, the signature shall be of the owner. The signature below represents that the above has been reviewed. 'LAIC I' 2 %, 0-IZ Contractor's License No. & Classification ALL AMERICAN ASPHALT Bidder Authorized Signature/Title f CC Date 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT JAMBOREE ROAD REHABILITATION PROJECT FROM BISON AVENUE TO UNIVERSITY DRIVE CONTRACT NO. 3525 BIDDER'S BOND We, the undersigned Principal and Surety, our successors and assigns, executors, heirs and administrators, agree to be jointly and severally held and firmly bound to the City of Newport Beach, a charter city, in the principal sum of Dollars ($ ), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of JAMBOREE ROAD REHABILITATION PROJECT, Contract No. 3525 in the City of Newport Beach, is accepted by the City Council of the City of Newport Beach and the proposed contract is awarded to the Principal, and the Principal fails to duly enter into and execute the Contract Documents and provide the required original insurance documents for the construction of the project within thirty (30) days (not including Saturday, Sunday, and federal holidays) after the date of the mailing of "Notification of Award ", otherwise this obligation shall become null and void. If the undersigned Principal executing this Bond is executing this Bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. Witness our hands this day of 12003. Name of Surety Address of Surety Telephone Authorized Signature/Title Authorized Agent Signature Print Name and Title (Notary acknowledgment of Principal & Surety must be attached) 5 BOND NO. 085 97 423 9 0 CITY OF NEWPORT BEACH PUBUC WORKS DEPARTMENT JAMBOREE ROAD REHABILITATIgN PROJECT FROM BISON AVENUE TO UNIVERSITY DRIVE CONTRACT NO -3525 BIDDER'S BOND We, the undersigned Principal and Surety, our successors and assigns, executors, heirs and administrators, agree to be jointly and severely held and firmly bound to the City of Newport Beach, a charter city, in the principal sum of TEN PERCENT OF TOTAL BID PRICE IN DOLLARS Dollars ($ 10% of Bid I, to be paid and forfeited to the City of Newport Beach 9 the bid proposal of the undersigned Principal for the construction of JAMBOREE ROAD REHABILITATION PROJECT, Contract No. 3525 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 ate Contract Documents and provide the required original insurance documents for the construction of the project within thirty (30) days (not Including Saturday, Sunday, and federal holidays) after the date of the mailing of "Notification of Award, otherwise this obligation shall become null and void. If the undersigned Principal executing this Bond is executing this Bond as an individual, d is agreed that the death of any such Principal shalt not exonerate the Surety from its obligations under this Bond. Witness our hands this 3rd day of APRIL 2003 ALL AMERICAN ASPHALT (Principal) FIDELITY AND DEPOSIT COMPANY OF MARYLAND Name of Surety 225 SO. LAKE AVE, #700 - PASADENA, CA. 91101 Address of Surety SURETY: 626 - 792 -2311 AGENT: 714 - 935 -1112 Telephone Authorized SigneturarTnle z . i i� `ll �'l(l` I >C'u kJT' J� Authorized Agent Signature OWEN M. BROWN, ATTORNEY -IN -FACT Print Name and Title (Notary acknowledgment of Principal & Surety must be attached) BID DATE: APRIL 10, 2003 STATE OF CALIFORNIA COUA7YOF ORANGE I SS. On 4 -3 -03 before me, BARBARA J. BENDER, NOTARY PUBLIC pERSONALLYAPPEARED OWEN M. BROWN personally brown to me }OIKid8lil) to be the person60 whose namefsl i0mc subscribed to the within instrument and acknowledged to me that WAK*ba executed the sane in hLvhmbw authorized capacity(iiat and that by his/i adwr signature(s*on the instrument the person(, or the entity upon behalf of which the person(,V acted executed the instrument. YMNESS Signature OPTIONAL � A This area for Official Notarial Seal Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ® ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIA1,47CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: DESCRIPTION OF ATTACHED DOCUMENT BID BOND TITLE OF TYPE OF DOCUMENT ONE (1) NUMBER OF PAGES 4 -3 -03 DATE OF DOCUMENT MW aF Fetsou(sl aR omn(ER Fidelity and Deposit Company of Maryland ALL AMERICAN SIGNER(SI 1&1=(REV.51011 ALL- PURPOSE ACKNOWLEDGEMENT T 0 Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by M. P. HAMMOND, Vice President, and L. L. GOUCHER, Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By -Laws of said Company, whiff set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof d s nate, constitute and appoint Owen M. BROWN, of Anaheim, California, its true and law f ey- �n=�ac , to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and 7ack, 0 ngs and the execution of such bonds or undertakings in pursuance of these as b - ompany, as fully and amply, to all intents and purposes, as if they had be y ae e regularly elected officers of the Company at its office in Baltimtg�:J Z u power of attorney revokes that issued on behalf of Owen M. BROWN,.datcsfi4 uik2 The said AssistantcieYar oaSECr[If}ffhat the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By- Npt any, and is now in force. IN WITNESS W R OF, the said Vice - President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this I 1 th day of February, A.D. 2003. ATTEST: '�o otvosr a o ttre i r4wm. State of Maryland ss: City of Baltimore FIDELITY AND DEPOSIT COMPANY OF MARYLAND V Il/� 3' By. L. L. Goucher Assistant Secretary M. P. Hanunond Vice President On this 11th day of February, A.D. 2003, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came M. P. HAMMOND, Vice President, and L. L. GOIICHER, Assistant Secretary of the FIDELIIY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. CJWF^rw l�tn� Ntwu�� Sandra Lvnn Moonev Notary Public Nly Commission Expires: January 1, 2004 POA -F 012 -4160 0 0 EXTRACT FROM BY -LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice - President, or any of the Senior Vice - Presidents or Vice- Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice - Presidents, Assistant Vice- Presidents and Attorneys -in -Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages.... and to affix the seal of the Company thereto." CERTIFICATE I, the undersiLned. Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that the Vice - President who executed the said Power of Attorney was one of the additional Vice - Presidents specially authorized by the Board of Directors to appoint any Attorney -in -Fact as provided in Article VI, Section 2, of the By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice - President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this 3rd day of APRIL 2003 .4ui.nnne .Se( refwN 0 0 EXTRACT FROM BY -LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice- President. or any of the Senior Vice - Presidents or Vice - Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice - Presidents, Assistant Vice - Presidents and Attorneys -in -Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages.... and to affix the seal of the Company thereto." CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that the Vice - President who executed the said Power of Attorney was one of the additional Vice - Presidents specially authorized by the Board of Directors to appoint any Attorney -in -Fact as provided in Article VI, Section 2, of the By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10Th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice - President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company this 3rd day of APRIL 2003 -�7 �Z AmStant Seeretan' 0 0 CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT State of California ss. County of On ihDYI t %,7 before me, e1�h'��� 1v1C \Yl �C YG LAUtC Data Name and Title of OMice {a.g.,'J a Ooe. Notary Pu personally appeared TENNILLE MORRIS Commission If 1374625 y� Notary Public - Calif©rrtid Riverside Courtly my Comm. f.5.zres:ep' D3, 2� X personally known to me D proved to me on the basis of satisfactory evidence to be the persons)' whose name is /are subscribed to the within instrument and acknowledged to me that he /sheAhey executed the same in his /ka� authorized capacity(ies), and that by hislherl#+eir signaturq,W'on the instrument the persolA), or the entity upon behalf of which the person' acted, executed the instrument. WITNESS my hand and official seal. Signature of Nei 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 Document Title or Type of Document: i)1(. , in, S C 1, 4�.3 Document Date: I \ cc, Number of Pages: Signer(s) Other Than Named Above: l l C1 i, d D�4r'"1i l,t i ca'wl j it; 1 ' ✓I�'7 i J J Capacity(ies) Claimed by Signer Signer's Name: . e 0 Individual top or thumb here ,2 Corporate Officer — Title): �11C4� �YtS+I�1111 Partner — C Limited 0 General Attorney -in -Fact Q Trustee 0 Guardian or Conservator 0 Other: Signer Is Representing: T��� k\� - e_ Y1C_cLi i' Sj�51i i l� C 1999 National Notary Association • 9353 De Soto Ave.. P.O. Box 2402 • Chatsi CA 91313 -2402 • www.nationalnotary org Pra4. No 5907 Beortler: Call Toll Free IsMB76.6027 F CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 0 JAMBOREE ROAD REHABILITATION PROJECT FROM BISON AVENUE TO UNIVERSITY DRIVE CONTRACT NO. 3525 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. (Use additional sheets if needed) Subcontractor's Information Bid Item Description of Work %of Number Total Bid Name: 6ASC' Z,4v0 �.�:_✓2� % ✓ems 5-' I Address: S;�>✓AL �f� L[ Phone: State License Number: ZS 'SY// Name: 5.0JJAkAP_ CM1`�;aN� Address: 1 A t-f V Phone: State License Number: 75 23G >'a Name: �r�ltti Ce,✓ �7�uC /i iJ S�Zi 7 L��f1.vv Address: c L13I -7L4I- 2 Z Phone: J State License Number: ALL AMERICAN ASPHALT Bidder A horized gna ure/Title -rf-��Ie����� = �rFSiC�Ei� 0 0 EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION The bidder ALL AMERICAN ASPHALT proposed subcontractor , hereby certifies that he has ')� , has not , participated in a previous contract or subcontract subject to the equal opportunity clauses, as required by Executive Orders 10925, 11114, or 11246, and that, where required, he has filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filling requirements. Note: The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor (41 CFR 60- 1.7(b) (1)), and must be submitted by bidders and proposed subcontractors only in connection with contracts and subcontracts _which are subject to the equal opportunity clause. Contracts and subcontracts which are exempt from the equal opportunity clause are set forth in 41 CFR 60 -1.5. (Generally only contracts or subcontracts of $10,000 or under are exempt.) Currently, Standard Form 100 (EEO -1) is the only report required by the Executive Orders or their implementing regulations. Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60- 1.7(b) (1) prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period or such other period specified by the Federal Highway Administration or by the Director, Office of Federal Contract Compliance, U.S. Department of Labor. 7 Nei +e. S ✓Li u'y ti' e n��C <� `ldc�re��5 C a ire phi 7i�/ L qI, Chi L�`Go�'N✓�+ ���c= ��- 5.�, -�;A G 6,4, Z/6 -2- -� 5 I `T o _Z- re Z3 I% 9 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT JAMBOREE ROAD REHABILITATION PROJECT FROM BISON AVENUE TO UNIVERSITY DRIVE CONTRACT NO. 3525 BIDDER'S BOND We, the undersigned Principal and Surety, our successors and assigns, executors, heirs and administrators, agree to be jointly and severally held and firmly bound to the City of Newport Beach, a charter city, in the principal sum of Dollars ($ ), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of JAMBOREE ROAD REHABILITATION PROJECT, Contract No. 3525 in the City of Newport Beach, is accepted by the City Council of the City of Newport Beach and the proposed contract is awarded to the Principal, and the Principal fails to duly enter into and execute the Contract Documents and provide the required original insurance documents for the construction of the project within thirty (30) days (not including Saturday, Sunday, and federal holidays) after the date of the mailing of "Notification of Award ", otherwise this obligation shall become null and void. If the undersigned Principal executing this Bond is executing this Bond as an individual, it is agreed that the death of any such Principal shalt not exonerate the Surety from its obligations under this Bond. Witness our hands this day of 12003. Sully Miller Contracting (Principal) Name of Surety Address of Surety Telephone Authorized Signature/Title Authorized Agent Signature Print Name and Title (Notary acknowledgment of Principal & Surety must be attached) 0 EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION The bidder ALL AMERICAN ASPHALT proposed subcontractor , hereby certifies that he has �Q _, has not _, participated in a previous contract or subcontract subject to the equal opportunity clauses, as required by Executive Orders 10925, 11114, or 11246, and that, where required, he has filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filling requirements. Note: The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor (41 CFR 60- 1.7(b) (1)), and must be submitted by bidders and proposed subcontractors only in connection with contracts and subcontracts .which are subject to the equal opportunity clause. Contracts and subcontracts which are exempt from the equal opportunity clause are set forth in 41 CFR 60 -1.5. (Generally only contracts or subcontracts of $10,000 or under are exempt.) Currently, Standard Form 100 (EEO -1) is the only report required by the Executive Orders or their implementing regulations. Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60- 1.7(b) (1) prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period or such other period specified by the Federal Highway Administration or by the Director, Office of Federal Contract Compliance, U.S. Department of Labor. 7 0 PUBLIC CONTRACT CODE Public Contract Code Section 10285.1 Statement In conformance with Public Contract Code Section 10285.1 (Chapter 376, Stats. 1985), the bidder hereby declares under 1penalty of perjury under the laws of the State of California that the bidder has _, has not been convicted within the preceding three years of any offenses referred to in that section, including any charge of fraud, bribery, collusion, conspiracy, or any other act in violation of any state or Federal antitrust law in connection with the bidding upon, award of, or performance of, any public works contract, as defined in Public Contract Code Section 1101, with any public entity, as defined in Public Contract Code Section 1100, including the Regents of the University of California or the Trustees of the California State University. The term "bidder" is understood to include any partner, member, officer, director, responsible managing officer, or responsible managing employee thereof, as referred to in Section 10285.1. Note: The bidder must place a check mark after "has" or "has not' in one of the blank spaces provided. The above Statement is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Statement. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution. Public Contract Code Section 10162 Questionnaire In conformance with Public Contract Code Section 10162, the Bidder shall complete, under penalty of perjury, the following questionnaire: Has the bidder, any officer of the bidder, or any employee of the bidder who has a proprietary interest in the bidder, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation? �( Yes No / \ If the answer is yes, explain the circumstances in the following space. M 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. W 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. 0 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT JAMBOREE ROAD REHABILITATION PROJECT FROM BISON AVENUE TO UNIVERSITY DRIVE CONTRACT NO. 3525 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this form!!! Please print or type. ALL AMERICAN ASPHALT FAILURE .OF THE BIDDER TO PROVIDE ALL REQUIRED INFORMATION IN A COMPLETE AND ACCURATE MANNER MAY BE CONSIDERED NON- RESPONSIVE. For all public agency projects you have worked on (or are currentl�r workin on in the past 2 years in excess of $15,000, provide the following information:' 0401ACL it Project Name /Number fl I tq li ft lrCI ' oyeOay/ , 6 t, (X- 6 iyoq �h I IS Project Description Approximate Conns'tr�u,cAtion Dates: From/ �j 1C To: Agency Name (A l V► o� � yr� 4' A I ' + I ° Contact Person Mr Chri S (heir Telephone 00) �� 6 Q I Original Contract Amount $ r Final Contract Amount $ 5i o ` 2; y If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. 10 No. 2 Project Name /Number Project Description • i Approximate Construction Dates: From �/ To: Agency Name CAN Q t 1 �0S A W"/v Contact Persona, W (�On " Telephone 0q) 76`1 Original Contract Amount $ Final Contract Amount $ 2J 6LI �/ qC 6. �y If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. Iq v No.3 eCAr A *,S O 5r aM Th r764 Sf Project Name /Number I' Project Description Approximate Construction Dates: From Agency Name of- �Orcv To: q/ o Z Contact Personot 'UC.nP �\ A Telephone ��Q�� �.CJ- -3 �� Original Contract Amount $ Final Contract Amount $ 3' 161�, /17-5 _DD If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. 11 0 0 No. 2 �} I (�� i(f tl Project Name /Number Gc'tl�� " �' j I tCJ Project Description Approximate Construction Dates: From To: gj'2C0:)_. Agency Name Contact Personft' Telephone qtq) 7J`f 1 2 Cz t tCG Original Contract Amount $ Final Contract Amount $ Zr t1q `< < <' L If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. No.3 C- `+ Project Name /Number �����) 1 Project Description Approximate Construction Dates: From Agency Name LAVL'j C cI/ f 'C Z L! 1 I11iiCl �f c✓', Contact Personor 'l ll -�i� K to }7 Telephone Original Contract Amount $ Final Contract Amount $, 1 If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims aga'Qnst youJContractor? If yes, briefly explain and indicate outcome of claims. 11 PNo. ro 4 Project Name /Number Plow Project Description Approximate Construction Dates: From Agency Name oZ Contact Person W D I 06 Clef k%17 +" Telephone (M) Me , f Original Contract Amount $ Final Contract Amount $ 11 DZ4 %S L CO If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims agatn�lyou /Contractor? If yes, briefly explain and indicate outcome of claims. No. 5 "s C - 1 Project Name /Number Project Description Approximate Construction Dates: From Agency Name Contact Person mrr I,Ovls ft''k kK-zq 61.M ha To: I �/D Z Telephone ( Original Contract Amount $ Final Contract Amount $ 525 b5 '34 If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims agair�tyqu /Contractor? If yes, briefly explain and indicate outcome of claims. 12 0 0 No. 6 Project Name /Number Project Description Approximate Construction Dates: From To: Agency Name Contact Person Telephone ( ) Original Contract Amount $ Final Contract Amount If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. M Attach additional sheets if necessary. Attach to this Bid the experience resume of the person who will be designated as General Construction Superintendent or on -site Construction Manager for the Contractor. Upon request, the Contractor shall attach a financial statement and other information sufficiently comprehensive to permit an appraisal of the Contractor's current financial conditions. ALL AMERICAN ASPHALT Bidder Authorized Signature/Title "(t ,�LI,vI ICY l v� r ;iGI to 13 0 No. 6 Project Name /Number Project Description Approximate Construction Dates: From Agency Name Contact Person Telephone ( Original Contract Amount $ Final Contract Amount 0 If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. F�C Attach additional sheets if necessary. Attach to this Bid the experience resume of the person who will be designated as General Construction Superintendent or on -site Construction Manager for the Contractor. Upon request, the Contractor shall attach a financial statement and other information sufficiently comprehensive to permit an appraisal of the Contractor's current financial conditions. ALL AMERICAN ASPHALT Bidder Authorized Signature/Title Ict11 13 0 0 All American Asphalt Past Work References City of Beverlv Hills 455 N. Rexford Drive Beverly Hills. CA 90210 Contact: Mr. Chris Theisen (310) 285 -2511 City of Costa Mesa 77 Fair Drive Costa Mesa, CA 92626 Contact: Mr. Tom Banks (714) 754 -5029 City of Norco 2870 Clark Ave. Norco, CA 91760 Contact: Mr. Gene Klatt (909) 735 -3900 City of Riverside 3900 Main Street Riverside, CA 92502 Contact: Mr. Dick Clelland (909) 836 -5889 City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Contact: Mr. Chris Gray (714) 375.5024 Wilshire Blvd. Overlay Contract: $3,0427428.50 Completed: 5/02 Baker Street Rehabilitation Contract: $2048499.00 Completed: 8/02 Parkridge Ave.,Second Stjirst St. And Third St. Rehabilitation Contract: $388195.00 Completed: 9/02 Minor Street Rehabilitation Ph.1 Contract: $1,024,652.00 Completed: 9/02 NISC -414 Overlay of Residential St Contract. $535,958.39 Completed: 10/02 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT JAMBOREE ROAD REHABILITATION PROJECT FROM BISON AVENUE TO UNIVERSITY DRIVE CONTRACT NO. 3525 NON - COLLUSION AFFIDAVIT State of California j ) ss. County of Rxqey,,%dd beinq first duly sworn, deposes and says that he or she is VICP of (j F the party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any. undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury of the laws of the State of California that the foregoing is true and correct. ALL AMERICAN ASPHALT Bidder IN, oriz Si n � V1 j(,' �f"-)- . Subscribed and swom to before me this 4-AA 1. day of kpy % \ 2003. [SEAL) ti Notary Public fenrnu� tibm�, Notary Pubi�� My Commission Expires: eV- 13, �Ub(v TENNILLE MORRIS Commission # 1374628 Notary Public - California Riverside County OMyComm.WiresSep 13.2006 14 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT JAMBOREE ROAD REHABILITATION PROJECT FROM BISON AVENUE TO UNIVERSITY DRIVE CONTRACT NO. 3525 DESIGNATION OF SURETIES ALL AMERICAN ASPHALT Bidders name Provide the names, addresses, and phone numbers for all brokers and sureties from whom Bidder intends to procure insurance and bonds (list by insurance /bond type): f&A4 N and t Lggy S QF Lta►?�Tarr- Qu a M buo nI k,ti-tow -, Ura - D 17 -WN 15 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT JAMBOREE ROAD REHABILITATION PROJECT FROM BISON AVENUE TO UNIVERSITY DRIVE CONTRACT NO. 3525 DESIGNATION OF SURETIES ALL AMERICAN ASPHALT Bidders name Provide the names, addresses, and phone numbers for all brokers and sureties from whom Bidder intends to procure insurance and bonds (list by insurance /bond type): }1j�[j itil (1fyi ► Ppc� t CCwpg-j e� w C V(L Nlklo f6 15 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT JAMBOREE ROAD REHABILITATION PROJECT FROM BISON AVENUE TO UNIVERSITY DRIVE CONTRACT NO. 3525 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL ALL AMERICAN ASPHALT Bidders Name Record Last Five (5) Full Years Current Year of Record The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary-- Occupational Injuries and Illnesses, OSHA No. 102. 16 Current Record Record Record Record Year of for for for for Record 2002 2001 2000 1998 Total 2003 kRecord No. of contracts 10� ' I�P2 I 113` I-f 1_/_ Uk'ti� OAZ 5149 Total dollar Amount o Contractsf(in I'�I102 154 j 91,3M %j`130 Thousands of $ No. of fatalities No. of lost Workday Cases ® Ct 1 V 22 13 1 /� lY� No. of lost workday cases ®— involving permanent transfer to another job or termination of employment The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary-- Occupational Injuries and Illnesses, OSHA No. 102. 16 0 0 ALL AMERICAN ASPHALT Legal Business Name of Bidder Business Address: PO UV Business Tel. No.: qUA - I -7(a" State Contractor's License No. and ��13 C 12 Classification: Title Y i Ct 1p51 The above information was compiled from the records that are available to me at this time and I declare under penalty of perjury that the information is true and accurate within the limitations of those records. Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title If bidder is an individual, name and signature of individual must be provided, and, if he is doing business under a fictitious name, the fictitious name must be set forth. If bidder is a partnership or joint venture, legal name of partnership /joint venture must be provided, followed by signatures of all of the partners /joint ventures or of fewer than all of the partners /joint ventures if submitted with evidence of authority to act on behalf of the partnership /joint venture. if bidder is a corporation, legal name of corporation must be provided, followed by notarized signatures of the corporation President or Vice President or President and Secretary.or Assistant Secretary, and the corporate seal. Signatures of partners, join venturers, or corporation officers must be acknowledged before a Notary Public, who must certify that such partners /joint venturers, or officers are known to him or her to be such, and, in the case of a corporation, that such corporation executed the instrument pursuant to its bylaws or a resolution of its Board of Directors. 17 ALL AMERICAN ASPHALT Legal Business Name of Bidder Business Address: { l.i:jOY)(L -CO-ng Business Tel. No.: -TY! � '- State Contractor's License No. and Classification:��E�3 2- Title The above information was compiled from the records that are available to me at this time and I declare under penalty of perjury that the information is true and accurate within the limitations of those records. Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title If bidder is an individual, name and signature of individual must be provided, and, if.he is doing business under a fictitious name, the fictitious name must be set forth. If bidder is a partnership or joint venture, legal name of partnership /joint venture must be provided, followed by signatures of all of the partners /joint ventures or of fewer than all of the partners /joint ventures if submitted with evidence of authority to act on behalf of the partnership /joint venture. If bidder is a corporation, legal name of corporation must be provided, followed by notarized signatures of the corporation President or Vice President or President and Secretary or Assistant Secretary, and the corporate seal. Signatures of partners, join venturers, or corporation officers must be acknowledged before a Notary Public, who must certify that such partners /joint venturers, or officers are known to him or her to be such, and, in the case of a corporation, that such corporation executed the instrument pursuant to its bylaws or a resolution of its Board of Directors. 17 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT JAMBOREE ROAD REHABILITATION PROJECT FROM BISON AVENUE TO UNIVERSITY DRIVE CONTRACT NO. 3525 ACKNOWLEDGEMENT OF ADDENDA ALL AMERICAN ASPHALT Bidders name The bidder shall signify receipt of all Addenda here, if any: Addendum No. Date Received Si ature r IR 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT JAMBOREE ROAD REHABILITATION PROJECT FROM BISON AVENUE TO UNIVERSITY DRIVE CONTRACT NO. 3525 INFORMATION REQUIRED OF BIDDER Bidder certifies under penalty of perjury under the laws of the State of California that the following information is true and correct: ALL AMERICAN ASPHALT Name of individual Contractor, Company or Corporation: Business Add Telephone and Fax Number:9011�k la /QM- 73VAAP California State Contractor's License No. and Class: %�f�G��J I C'i2 (REQUIRED AT TIME OF AWARD) Original Date Issued: t/ IA IL Expiration Date: 131 C4 —T List the name and title /position of the person(s) who inspected for your firm the site of the work proposed in these contract documents: ,g(N Lz bx6f q j0 0,qr. The following are the names, titles, addresses, and phone numbers of all individuals, firm members, partners, joint ventures, and company or corporate officers having a principal interest in this proposal: Name Title Address Telephone `114nm /)<l -11T -NIO Don /'rrfr -C, tw h 'j 1, r+ Wad l eve V, C',C XAf1, - W1 AL UOL- J JIot, yre6&w- 0 ( k Corporation organized under the laws of the State of 0 19 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT JAMBOREE ROAD REHABILITATION PROJECT FROM BISON AVENUE TO UNIVERSITY DRIVE CONTRACT NO. 3525 INFORMATION REQUIRED OF BIDDER Bidder certifies under penalty of perjury under the laws of the State of California that the following information is true and correct: Name of individual Contractor, Company or Corporation: Business Add ALL AMERICAN ASPHALT 1-4 Telephone and Fax Number.''"LGl � %is nr.^f,� 0-(2, California State Contractor's License No. and Class: '. 1�, i i (REQUIRED AT TIME OF AWARD) Original Date Issued: V I C Expiration Date: j�Jf List the name and title /position of the person(s) who inspected for your firm the site of the work proposed in these contract documents: The following are the names, titles, addresses, and phone numbers of all individuals, firm members, partners, joint ventures, and company or corporate officers having a principal interest in this proposal: Name Title Address Telephone i`ytst6b rly Z�x rr ( - -)I A�7'J iC-; I Vi k ii Fr = ��.l�l.`.(✓,}v�V ti� "✓ Corporation organized under the laws of the State of 19 0 The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: All company, corporate, or fictitious business names used by any principal having interest in this proposal are as follows: luN�, For all arbitrations, lawsuits, settlements or the like (in or out of court) you have been involved in with public agencies in the past five years (Attach additional Sheets if necessary) provide: Provide the names, addresses and telephone numbers of the parties; Nr.ti� Briefly summarize the parties' claims and defenses; Have you ever had a contract terminated by the owner /agency? If so, explain. N( Have you ever failed to complete a project? If so, explain. For any projects you have been involved with in the last 5 years, did you have any claims or actions by any outside agency or individual for labgr-�mpliance (i.e. failure to pay prevailing wage, falsifying certified payrol(s, etc.)? Yes /(No/ Are any claims or actions unresolved or outstanding? Yes / 20 0 If yes to any of the above, explain. (Attach additional sheets, if necessary) Failure of the bidder to provide ALL requested information in a complete and accurate manner may be considered non - responsive. ALL AMERICAN ASPHALT Bidder Subscribed and sworn to before me this 10 Zh t7 5155 / O f. (Print name of Owner or President of Corporation/Company) Authorized Signature/Title may} VA-' �kk i IPI4- Title -4/lo /c3 Date day of N16 16 L 2003. [SEAL] 21 J 0 If yes to any of the above, explain. (Attach additional sheets, if necessary) Failure of the bidder to provide ALL requested information in a complete and accurate manner may be considered non - responsive. ALL AMERICAN ASPHALT Bidder Subscribed and sworn to before me this I`v (Print name of Owner or President of Corporation /Company) Authorized Signature/Title t Title Date day of ? ' I [ 12003. [SEAL] 21 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 judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past 3 years. If there are any exceptions to this certification, insert the exceptions in the following space. Exceptions will not necessarily result in denial of award, but will be considered in determining bidder responsibility. For any exception noted above, indicate below to whom it applies, initiating agency, and dates of action. Notes: Providing false information may result in criminal prosecution or administrative sanctions. The above certification is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Certification. 22 0 0 NONLOBBYING CERTIFICATION FOR FEDERAL -AID CONTRACTS The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure of Lobbying Activities," in conformance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly. 23 s s NONLOBBYING CERTIFICATION FOR FEDERAL -AID CONTRACTS The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure of Lobbying Activities," in conformance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly. 23 0 DISCLOSURE OF LOBBYING ACTIVITIES uuiyir LCI❑ Inq runivi I U UIJULUJC LUDDTIIVU MU I IV I I I CJ runOUMIN I I a U.0 -I. IaD4 1. Type of Federal 2. Status of Federal 3. Report Type: ction: Action: ❑ a. o"tract ❑ a. bid /offer /aoolication ❑ a. initial b. g nt b. initial award b. material change c. coo erative agreement c. post -award d. loan For Material Change Only: e. loan \Adess year _ quarter f. loan i date of last report 4. Name aporting Entity 5. If Reporting Entity in No. 4 is Subawardee, Enter Name and Address of Prime: ❑ Prim Subawardee I �` Tier fVf kngw ! \ Congressional District, if 6. Federal Department/Agency: 8. Federal Action Number, if known: 10. a. Name and Address of Lobby Entity (If individual, last name, first name, MI) Congressional District, if known 7. Federal Program Name /Description: CFDA Number, if applical 9. Award Amount, if known: b. Individuals Performing Services (including 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. T e of Payment (check all that apply) S Ej Actual ❑ planned retainer one -time fee 12. Form of Payment (check all that apply): c. ommission Ba. cash d. c ntingent fee b. in -kind; specify: nature a deferred Value f. 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 ❑ 16. Information requested through this form is authorized by Title 31 U.S.C. Section 1352. This disclosure of lobbying Signature/ reliance was placed by the tier above when his transaction ! was made or entered into. This disclosure is required Print Name: pursuant to 31 U.S.C. 1352. This information will be reported to Congress semiannually and will be available for 24 L 0 • __ public inspection. Any person who fails to file the required Title: VI l,C disclosure shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Telephone No. Federal Use Only: W 3lVga Date 1 9 Authorized for Local Reproduction Standard Form - LLL 25 0 0 public inspection. Any person who fails to file the required Title: V IU— I P�'VrU •'r disclosure shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Telephone No. �.�tli�•Q, Date "u Authorized for Local Reproduction Federal Use Only: Standard Form - LLL ut 25 9 0 INSTRUCTIONS FOR COMPLETION OF SF -LLL, DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, at the initiation or receipt of covered Federal action or a material change to previous filing pursuant to title 31 U.S.C. section 1352. The filing of a form is required for such payment or agreement to make payment to lobbying entity for influencing or attempting to influence an officer or employee of any agency, a Member of Congress an officer or employee of Congress or an employee of a Member of Congress in connection with a covered Federal action. Attach a continuation sheet for additional information if the space on the form is inadequate. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information. 1. Identify the type of covered Federal action for which lobbying activity is and /or has been secured to influence, the outcome of a covered Federal action. 2. Identify the status of the covered Federal action. 3. Identify the appropriate classification of this report. If this is a follow -up report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last, previously submitted report by this reporting entity for this covered Federal action. 4. Enter the full name, address, city, state and zip code of the reporting entity. Include Congressional District if known. Check the appropriate classification of the reporting entity that designates if it is or expects to be a prime or subaward recipient. Identify the tier of the subawardee, e.g., the first subawardee of the prime is the first tier. Subawards include but are not limited to subcontracts, subgrants and contract awards under grants. 5. If the organization filing the report in Item 4 checks "Subawardee" then enter the full name, address, city, state and zip code of the prime Federal recipient. Include Congressional District, if known. 6. Enter the name of the Federal agency making the award or loan commitment. Include at least one organization level below agency name, if known. For example, Department of Transportation, United States Coast Guard. 7. Enter the Federal program name or description for the covered Federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans and loan commitments. 6. Enter the most appropriate Federal identifying number available for the Federal action identification in item 1 (e.g., Request for Proposal (RFP) number, Invitation for Bid (IFB) number, grant announcement number, the contract grant. or loan award number, the application /proposal control number assigned by the Federal agency). Include prefixes, e.g., "RFP- DE -90- 001." 9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal amount of the award/loan commitments for the prime entity identified in item 4 or 5. 10. (a) Enter the full name, address, city, state and zip code of the lobbying entity engaged by the reporting entity identified in item 4 to influence the covered Federal action. (b) Enter the full names of the individual(s) performing services and include full address if different from 10 (a). Enter Last Name, First Name and Middle Initial (MI). 11. Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity (item 4) to the lobbying entity (item 10). Indicate whether the payment has been made (actual) or will be made (planned). Check all boxes that apply. If this is a material change report, enter the cumulative amount of payment made or planned to be made. 12. Check the appropriate box(es). Check all boxes that apply. If payment is made through an in- kind contribution, specify the nature and value of the in -kind payment. 13. Check the appropriate box(es). Check all boxes that apply. If other, specify nature. 14. Provide a specific and detailed description of the services that the lobbyist has performed or will be expected to perform and the date(s) of any services rendered. Include all preparatory and 26 related activity not just time spent in actual contact with Federal officials. Identify the Federal officer(s) or employee(s) contacted or the officer(s) employee(s) or Member(s) of Congress that were contacted. 15. Check whether or not a continuation sheet(s) is attached. 16. The certifying official shall sign and date the form, print his /her name title and telephone number. Public reporting burden for this collection of information is estimated to average 30 minutes per response, including time for reviewing instruction, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348- 0046), Washington, D.C. 20503. SF -LLL- Instructions Rev.06- 04- 90,ENDIF- 27 E E LOCAL AGENCY BIDDER - DBE - INFORMATION This information may be submitted with your bid proposal. If it is not, and you are the apparent low bidder or the second or third low bidder, it must be submitted and received as specified in Section 2 -1.0213 of the Special Provisions. Failure to submit the required DBE information will be grounds for finding the proposal nonresponsive. C0.- RTE. -K.P.: CONTRACT NO.: BID AMOUNT: $ BID OPENING DATE: BIDDER'S NAME: DBE GOAL FROM CONTRACT: DBE PRIME CONTRACTOR CERTIFICATION 1: CONTRACT ITEM ITEM OF WORK AND DESCRIPTION BE CERT. NO. NAME OF DBEs DOLLAR AMOUNT NO. OR SERVICES TO B (Must be certified on the date bids DBE ' SUBCONTRACTED OR MATERIAL. are earned - include DBE address O BE PROVIDED ° and Phone number) IMPORTANT: Identify all DBE firms being claimed for credit, regardless of tier. Copies of the DBE quotes are required. Names of Total Claimed $ the First Tier DBE Subcontractors and their respective items) of work Participation listed above shall be consistent, where applicable, with the names and items of work in the "List of Subcontractors" submitted with your bid % pursuant to the Subcontractors Listing Law and Section 2 -1.01, "General," of the Special Provisions. I. DBE prime contractors shall enter their DBE certification number. DBE prime contractors shall indicate all work to be performed by DBEs including work performed by its own forces. Signature of Bidder 2. If 100`9: of item is not to be perforated or famished by DBE, describe exact portion of iten to be performed or famished by DBE. 3, See Section 2 -t.02, "Disadvantaged Business Enterprise;' to determine the credit allowed lfor DBE firms. Date (Area Code) Tel. No. Person to Contact _(P ease Type or Print)_ CT Bidder - DBE Inlormution (Rev 09- 28-99) WV 0 DBE INFORMATION - GOOD FAITH EFFORTS The City of Newport Beach established a Disadvantaged Business Enterprise (DBE) goal of 8.83% for this project. The information provided herein shows that adequate good faith efforts were made. A. The names and dates of each publication in which a request for DBE participation for this project 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 toy following up initial solicitations to determine with certainty whether the DBEs were interested (please attach copies of solicitations, telephone records, fax confirmations, etc.): Names of DBEs Date of Inital Follow Up Methods solicited Solicitation and Dates The items of work which the bidder made available to DBE firs, 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 29 0 0 D_ The names, addresses and phone numbers of rejected DBE firms, the reasons for the bidder's rejection of the DBEs, and the firms selected for that work (please attach copies of quotes from the firms involved): Names, addresses and phone numbers of rejected DBEs and the reasons for the bidder's rejection of the DBEs: Names, addresses and phone numbers of firms selected for the work above: E. Efforts made to assist interested DBEs in obtaining bonding, lines of credit or insurance, and any technical assistance or information related to the plans, specifications and requirements for the work which was provided to DBEs: F. Efforts made to assist interested DBEs in obtaining necessary equipment, supplies, materials, or related assistance or services, excluding supplies and equipment the DBE subcontractor purchases or leases from the prime contractor or its affiliate. G. The names of agencies, organizations or groups contacted to provide assistance in contacting, recruiting and using DBE firms (please attach copies of requests to agencies and any responses received, i.e., lists, Internet page download, etc.). Name of Method /Date of Contact Results H. Any additional data to support a demonstration of good faith efforts (use additional sheets if necessary): go 0 0 SECTION 2. PROPOSAL REQUIREMENTS AND CONDITIONS 2 -1.01 GENERAL The bidder's attention is directed to the provisions in Section 2, "Proposal Requirements and Conditions," of the Standard Specifications and these special provisions for the requirements and conditions which the bidder must observe in the preparation of the proposal form and the submission of the bid. In addition to the subcontractors required to be listed in conformance with Section 2- 1.054, "Required Listing of Proposed Subcontractors," of the Standard Specifications, each proposal shall have listed therein the portion of work that will be done by each subcontractor listed. A sheet for listing the subcontractors is included in the Proposal. The form of Bidder's Bond mentioned in the last paragraph in Section 2 -1.07, "Proposal Guaranty," of the Standard Specifications will be found following the signature page of the Proposal. In conformance with Public Contract Code Section 7106, a Noncollusion Affidavit is included in the Proposal. Signing the Proposal shall also constitute signature of the Noncollusion Affidavit. The contractor, sub recipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR part 26 in the award and administration of DOT assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate. Each subcontract signed by the bidder must include this assurance. 2- 1.015 -- FEDERAL LOBBYING RESTRICTIONS.--Section 1352, Title 1352, Title 31, United States Code prohibits Federal funds from being expended by the recipient or any lower tier subrecipient of a Federal -aid contract to pay for any person for influencing or attempting to influence a federal agency or Congress in connection with the awarding of any federal -aid contract, the making of any federal grant or loan, or the entering into of any cooperative agreement. If any funds other than federal funds have been paid for the same purposes in connection with this federal -aid contract, the recipient shall submit an executed certification and, if required, submit a completed disclosure form as part of the bid documents. A certification for federal-aid contracts regarding payment of funds to lobby Congress or a federal agency is included in the Proposal. Standard Form - LLL, "Disclosure of Lobbying Activities," with instructions for completion of the Standard Form is also included in the Proposal. Signing the Proposal shall constitute signature of the Certification. The above referenced certification and disclosure of lobbying activities shall be included in each subcontract and any lower -tier contracts exceeding $100,000. All disclosure forms, but not certifications, shall be forwarded from tier to tier until received by the Engineer. The Contractor, subcontractors and any lower -tier contractors shall file a disclosure form at the end of each calendar quarter in which there occurs any event that requires disclosure or that materially affects the accuracy of the information contained in any disclosure form previously filed by the Contractor, subcontractors and any lower -tier contractors. An event that materially affects the accuracy of the information reported includes: (1) A cumulative increase if $25,000 or more in the amount paid or expected to be paid for influencing or attempting to influence a covered federal action; or (2) A change in the person(s) or individual(s) influencing or attempting to influence a covered federal action; or 31 0 E (3) A change in the officer(s), employees(s), or Member(s) contacted to influence or attempt to influence a covered Federal Action. 2 -1.02 DISADVANTAGED BUSINESS ENTERPRISE (DBE).-- This contract is subject to Part 26, Title 49, Code of Federal Regulations entitled "Participation By Minority Business Enterprise In Department of Transportation Programs." The Regulations in their entirety are incorporated herein by this reference. Bidders shall be fully informed respecting the requirements of the Regulations and the Department's Disadvantaged business (DBE) program developed pursuant to the Regulations; particular attention is directed to the following matters: A. A DBE must be a small business concern as defined pursuant to Section 3 of U.S. Small Business Act and relevant regulations promulgated pursuant thereto; B. A DBE may participate as a prime contractor, subcontractor, joint venture partner with a prime or subcontractor, vendor of material or supplies, or as a trucking company; C. A DBE bidder, not bidding as a joint venture with a non -DBE, will be required to document one or a combination of the following: 1. The bidder will meet the goal by performing work with its own forces. 2. The bidder will meet the goal through work performed by DBE subcontractors, suppliers or trucking companies. 3. The bidder, prior to bidding, made adequate good faith efforts to meet the goal. D. A DBE joint venture partner must be responsible for specific contract items of work, or portions thereof. Responsibility means actually performing, managing and supervising the work with its own forces. The DBE joint venture partner must share in the capital contribution, control, management, risks and profits of the joint venture. The DBE joint venturer must submit the joint venture agreement with the proposal or the DBE Information form required in the Section entitled "Submission of DBE Information" of these special provisions; E. A DBE must perform a commercially useful function, i.e., must be responsible for the execution of a distinct element of the work and must carry out its responsibility by actually performing, managing and supervising the work; F. DBEs must be certified by either the California Department of Transportation, or by a participating agency which certifies in conformance with Title 49, Code of Federal Regulations, Part 26, as of the date of bid opening. It is the Contractor's responsibility to verify that DBEs are certified. Listings of certified DBEs are available from the following sources: 1. The Department's DBE Directory, which is published quarterly. This Directory maybe obtained from the Department of Transportation, Materiel Operations Branch, Publication Distribution Unit,1900 Royal Oaks Drive, Sacramento, California 95815, Telephone: (916) 445 -3520; 2. The Department's Electronic Information Bulletin Board Service, which is accessible by modem and is updated weekly. The Bulletin Board may be accessed by first contacting the Department's Business Enterprise Program at Telephone: (916) 227 -8937 and obtaining a user identification and password; 3. The Department's web site at www.dot.ca. oa v /hq /bep /index.htm; G. Credit for materials or supplies purchased from DBEs will be as follows: 32 0 0 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 tinder 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?. 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. 33 0 1. Noncompliance by the Contractor with the requirements of the regulations constitutes a breach of this contract and may result in termination of the contract or other appropriate remedy for a breach of this contract; J. Bidders are encouraged to use services offered by financial institutions owned and controlled by DBEs. 2 -1.02A DBE GOAL FOR THIS CONTRACT The City has established the following goal for Disadvantaged Business Enterprise (DBE) participation for this contract: Disadvantaged Business Enterprise (DBE): 8.83 percent Caltrans has engaged the services of a contractor to provide supportive services to contractors and subcontractors to assist in obtaining DBE participation on federally funded construction projects. Bidders and potential subcontractors should check the Caltrans website at www.dot.ca.gov /hq[bep to verify the current availability of this service. 2 -1.02B SUBMISSION OF DBE INFORMATION The required DBE information shall be submitted on the "LOCAL AGENCY BIDDER - DBE INFORMATION" form included in the Proposal. If the DBE information is not submitted with the bid, the DBE Information form shall be removed from the documents prior to submitting the bid. It is the bidder's responsibility to make enough work available to DBEs and to select those portions of the work or material needs consistent with the available DBEs to meet the goal for DBE participation or to provide information to establish that, prior to bidding, the bidder made adequate good faith efforts to do so. If DBE information is not submitted with the bid, the apparent successful bidder (low bidder), the second low bidder and the third low bidder shall submit DBE information to the City of Newport Beach Public Works Department, 3300 Newport Boulevard, Newport Beach, California 92658 -8915, so the information is received by the City of Newport Beach no later than 4:00 p.m. on the fourth day, not including Saturdays, Sundays and legal holidays, following bid opening. DBE information sent by U.S. Postal Service certified mail with return receipt and certificate of mailing and mailed on or before the third day, not including Saturdays, Sundays and legal holidays, following bid opening will be accepted even if it is received after the fourth day following bid opening. Failure to submit the required DBE information by the time specified will be grounds for finding the bid or proposal nonresponsive. Other bidders need not submit DBE information unless requested to do so by the City of Newport Beach. The bidder's DBE information shall establish that good faith efforts to meet the DBE goal have been made. To establish good faith efforts, the bidder shall demonstrate that the goal will be met or that, prior to bidding, adequate good faith efforts to meet the goal were made Bidders are cautioned that even though their submittal indicates they will meet the stated DBE goal, their submittal should also include their adequate good faith efforts information along with their DBE goal information to protect their eligibility for award of the contract in the event the City, in its review, finds that the goal has not been met. 34 9 0 The bidder's DBE information shall include the names, addresses and phone numbers of DBE firms that will participate, with a complete description of work or supplies to be provided by each, the dollar value of each DBE transaction, and a written confirmation from the DBE that it is participating in the contract. A copy of the DBE's quote will serve as written confirmation that the DBE is participating in the contract. When 100 percent of a contract item of work is not to be performed or furnished by a DBE, a description of the exact portion of that work to be performed or furnished by that DBE shall be included in the DBE information, including the planned location of that work. The work that a DBE prime contractor has committed to performing with its own forces as well as the work that it has committed to be performed by DBE subcontractors, suppliers and trucking companies will count toward the goal. The information necessary to establish the bidder's adequate good faith efforts to meet the DBE goal should include: A. The names and dates of each publication in which a request for DBE participation for this project was placed by the bidder. B. The names and dates of written notices sent to certified DBEs soliciting bids for this project and the dates and methods used for following up initial solicitations to determine with certainty whether the DBEs were interested. C. The items of work which the bidder made available to DBE firms, including, where appropriate, any breaking down of the contract work items (including those items normally performed by the bidder with its own forces) into economically feasible units to facilitate DBE participation. It is the bidder's responsibility to demonstrate that sufficient work to meet the DBE goal was made available to DBE firms. D. The names, addresses and phone numbers of rejected DBE firms, the firms selected for that work, and the reasons for the bidder's choice. E. Efforts made to assist interested DBEs in obtaining bonding, lines of credit or insurance, and any technical assistance or information related to the plans, specifications and requirements for the work which was provided to DBEs. F. Efforts made to assist interested DBEs in obtaining necessary equipment, supplies, materials, or related assistance or services, excluding supplies and equipment the DBE subcontractor purchases or leases from the prime contractor or its affiliate. G. The names of agencies contacted to provide assistance in contacting, recruiting and using DBE firms. H. Any additional data to support a demonstration of good faith efforts. M Local Assistance Procedure,v nual • EXHIBIT 12 -E PS &E Checklist Instructions Attachment .l 5 -I. SUBCONTRACTOR A1I'D DBE RECORDS. - -The Contractor shall maintain records ofall subcontracts. The records shall show those subcontracts entered into with certified DBE subcontractors and records of materials purchased from certified DBE suppliers. Such records shall show the name and bosincss address of each DBE subcontractor or vendor and the total dollar amount acrually paid each DBE subcontractor or vendor. Upon completion of the contract, a summary of these records shall be prepared on "Final Report — Utilization of Disadvantaged Business Enterprises - (DBE-), First-Tier Subcontractors" (Exhibit 17 -F /Fond CEM -2402) and certified correct by the Contractor or his authorized representative, and shall be furnished to the Engineer. Page 12 -99 LPP 01 -04 33 March 15, 2001 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT JAMBOREE ROAD REHABILITATION PROJECT FROM BISON AVENUE TO UNIVERSITY DRIVE CONTRACT NO. 3525 NOTICE TO SUCCESSFUL BIDDER The following Contract Documents shall be executed and delivered to the Engineer within ten (10) days (not including Saturday, Sunday and Federal holidays) after the date shown on the "Notification of Award" to the successful bidder: • CONTRACT WITH REQUIRED INSURANCE CERTIFICATES AND ENDORSEMENTS • LABOR AND MATERIALS PAYMENT BOND • FAITHFUL PERFORMANCE BOND The City of Newport Beach will not permit a substitute format for these Contract Documents. Bidders are advised to review their content with bonding, insuring and legal agents prior to submission of bid. Original Certificate(s) of Insurance, General Liability Insurance Endorsement, and Automobile Liability Insurance Endorsement shall be provided as required by the Contract documents and delivered to the Public Works Department within ten (10) working days after the date shown on the Notification of Award to the successful bidder. The Labor and Materials Payment Bond and Faithful Performance Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. Pursuant to Public Contract Code Section 22300, appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. Insurance companies affording coverage shall be (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) assigned Policyholders' Rating A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property - Casualty. Coverages shall be provided as specified in the Standard Specifications for Public Works Construction, except as modified by the Special Provisions. Certificates of Insurance and additional insured endorsements shall be on the insurance company's forms, fully executed and delivered with the Contract. The Notice to Proceed will not be issued until all contract documents have been received and approved by the City. 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 0 JAMBOREE ROAD REHABILITATION PROJECT FROM BISON AVENUE TO UNIVERSITY DRIVE CONTRACT NO. 3525 CONTRACT THIS AGREEMENT, entered into this _ day of , 2003, 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: JAMBOREE ROAD REHABILITATION PROJECT Project Description 3525 Contract No. WHEREAS, Contractor has been determined by City to be the lowest responsible bidder and Contractor's bid, and the compensation set forth in this Contract, is based upon Contractor's careful examination of all Contract documents, plans and specifications. NOW, THEREFORE, City and Contractor agree as follows: A. CONTRACT DOCUMENTS The complete Contract for the Project includes all of the following documents: Notice Inviting Bids, Instructions to Bidders, Proposal, Bidder's Bond, Non - Collusion Affidavit, Faithful Performance Bond, Labor and Materials Payment Bond, Permits, General Conditions, Standard Special Provisions and Standard Drawings, Plans and Special Provisions for Contract No. 3525, Standard Specifications for Public Works Construction (current adopted edition and all supplements) and this Agreement, and all modifications and amendments thereto (collectively the "Contract Documents "). The Contract Documents comprise the sole agreement between the parties as to the subject matter therein. Any representations or agreements not specifically contained in the Contract Documents are null and void. Any amendments must be made in writing, and signed by both parties in the manner specified in the Contract Documents. B. SCOPE OF WORK Contractor shall perform everything required to be performed, and shall provide and furnish all the labor, materials, necessary tools, expendable equipment and all utility and transportation services required for the Project: All of the work to be performed and materials to be furnished shall be in strict accordance with the provisions of the Contract Documents. Contractor is required to perform all activities, at no extra cost to City, which are reasonably inferable from the Contract Documents as being necessary to produce the intended results. .• 0 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 six hundred sixty -three thousand, six hundred sixty -three and 00/100 Dollars ($663,663.00). This compensation includes: (1) Any loss or damage arising from the nature of the work, (2) Any loss or damage arising from any unforeseen difficulties or obstructions in the performance of the work, (3) Any expense incurred as a result of any suspension or discontinuance of the work, but excludes any loss resulting from earthquakes of a magnitude in excess of 3.5 on the Richter Scale and tidal waves, and which loss or expense occurs prior to acceptance of the work by City. D. NOTICE OF CLAIMS Unless a shorter time is specified elsewhere in this Contract, before making its final request for payment under the Contract Documents, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Contract. Contractor's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Contract except those previously made in writing and identified by Contractor in writing as unsettled at the time of its final request for payment. E. WRITTEN NOTICE Any written notice required to be given under the Contract Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid, directed to the address of Contractor and to City, addressed as follows: CITY City of Newport Beach Public Works Department 3300 Newport Boulevard Newport Beach, CA 92663 Attention: Fong Tse (949) 644 -3340 F. LABOR CODE 3700 LIABILITY INSURANCE hereby certifies: CONTRACTOR All American Asphalt P.O. Box 2229 Corona, CA 92878 -2229 909 - 736 -7600 Fax: 909 - 736 -7646 Contractor, by executing this Contract, "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers' Compensation or undertake self - insurance in accordance with the provisions of the Code, and I will comply with such provisions before commencing the performance of the work of this Contract." G. INSURANCE Insurance is to be placed with insurers with a Best's rating of no less than A:VII and insurers must be a California Admitted Insurance Company. Contractor shall furnish City with original certificates of insurance and with original endorsements effecting coverage required by this Contract. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that 70 insurer to bind coverage on its behalf. All certificates and endorsements are to be received and approved by City before work commences. City reserves the right to require complete, certified copies of all required insurance policies, at any time. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by Contractor, his agents, representatives, employees or subcontractors. The cost of such insurance shall be included in Contractor's bid. 1. Minimum Scope of Insurance Coverage shall be at least as broad as: a) Insurance Services Office Commercial General Liability coverage "occurrence" form number CG 0002 (Edition 11/85) or Insurance Services Office form number GL 0002 (Edition 1/73) covering Comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. b) Insurance Services Office Business Auto Coverage form number CA 0002 0287 covering Automobile Liability, code 1 "any auto" and endorsement CA 0029 1288 Changes in Business Auto and Truckers Coverage forms - Insured Contract. c) Workers' Compensation insurance as required by the Labor Code of the State of California and Employers Liability insurance. 2. Minimum Limits of Insurance Coverage limits shall be no less than: a) General Liability: $1,000,000.00 combined single limit per occurrence for bodily injury, personal injury and property damage. If Commercial Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. b) Automobile Liability: $1,000,000.00 combined single limit per accident for bodily injury and property damage. c) Workers' Compensation and Employers Liability: Workers' compensation limits as required by the Labor Code of the State of California and Employers Liability. 3. Deductibles and Self- Insured Retentions Any deductibles or self- insured retentions must be declared to and approved by City. At the option of City, either: the insurer shall reduce or eliminate such deductibles or self- insured retentions as respects City, its officers, officials, employees and volunteers; or Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. 71 0 0 4. Other Insurance Provisions The policies are to contain, or be endorsed to contain, the following provisions: a) General Liability and Automobile Liability Coverages City, its officers, agents, officials, employees and volunteers are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of Contractor, including the insured's general supervision of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor; or automobiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded to City, its officers, officials, employees or volunteers. ii. Contractor's insurance coverage shall be primary insurance and /or primary source of recovery as respects City, its officers, officials, employees and volunteers. Any insurance or self- insurance maintained by City, its officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with it. iii. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its officers, agents, officials, employees and volunteers. iv. Contractor's insurance shall apply separately to each insured against whom claim is made or suit Is brought, except with respect to the limits of the insurer's liability. v. The insurance afforded by the policy for contractual liability shall include liability assumed by contractor under the indemnification /hold harmless provision contained in this Contract. b) Workers' Compensation and Employers Liability Coverage The insurer shall agree to waive all rights of subrogation against City, its officers, agents, officials, employees and volunteers for losses arising from work performed by Contractor for City. c) All Coverages Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, rescinded by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to City. All of the executed documents referenced in this contract must be returned within ten (10) working days after the date on the "Notification of Award," so that the City may review and approve all insurance and bonds documentation. 5. Acts of God Pursuant to Public Contract Code Section 7105, Contractor shall not be responsible for the repairing and restoring damage to Work, when damage is determined to have been proximately caused by an Act of God, in excess of 5 percent of the Contract amount provided that the Work damaged is built in accordance with the plans and specifications. 72 0 0 6. Right to Stop Work for Non - Compliance City shall have the right to direct the Contractor to stop work under this Agreement and /or withhold any payment(s), which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements of this article. H. RESPONSIBILITY FOR DAMAGES OR INJURY City and all officers, employees and representatives thereof shall not be responsible in any manner: for any loss or damages that may happen to the Work or any part thereof; for any loss or damage to any of the materials or other things used or employed in performing the Work, for injury to or death of any person either workers or the public; or for damage to property from any cause arising from the construction of the work by Contractor, or its subcontractors, or its workers, or anyone employed by it. 2. Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to property resulting from defects, obstructions or from any cause arising from Contractor's work on the Project, or the work of any subcontractor or supplier selected by the Contractor. 3. Contractor shall indemnify, hold harmless, and defend City, its officers and employees from and against (1) any and all loss, damages, liability, claims, allegations of liability, suits, costs and expenses for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, property damages, or any other claims arising from any and all acts or omissions of Contractor, its employees, agents or subcontractors in the performance of services or work conducted or performed pursuant to this Contract; (2) use of improper materials in construction of the Work; or, (3) any and all claims asserted by Contractor's subcontractors or suppliers on the project, and shall include reasonable attorneys' fees and all other costs incurred in defending any such claim. Contractor shall not be required to indemnify City from the sole negligence or willful misconduct of City, its officers or employees. 4. To the extent authorized by law, as much of the money due Contractor under and by virtue of the Contract as shall be considered necessary by City may be retained by it until disposition has been made of such suits or claims for damages as aforesaid. 5. Nothing in this article, nor any other portion of the Contract Documents shall be construed as authorizing any award of attorneys' fees in any action to enforce the terms of this Contract, except to the extent provided for in H.3, above. 6. The rights and obligations set forth in this Article shall survive the termination of this Contract. EFFECT OF CONTRACTOR'S EXECUTION Execution of this Contract and all other Contract Documents by Contractor is a representation that Contractor has visited the Project Site, has become familiar with the local conditions under which the work is to be performed, and has correlated all relevant observations with the requirements of the Contract Documents. J. CONFLICT If there is a conflict between provisions of this Contract and any other Contract Document, the provisions of this Contract shall prevail. 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. 73 0 IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the day and year first written above. APPROVED AS TO FORM: �Z�- m -w-) CITY ATTORNEY CITY OF NEWPORT BEACH AM ALL AMERICAN ASPHALT By' Au orized ignature a e 74 0 CALIFORNIA ALL-PURPOSE ACKNOWLR'DOMENT State of California ea. Countyof Rkye- ySiC1(�-' 0 on QDn1 2 W3 beforeme, ennllk, Blahs .4ACIV' l V1461iG an M.� N. IftatOa.r( '.rr OO., NOW RW personally appeared R&4;7tk &Qdq Udsww ) TENNILLE MORRIS Commission # 1374628 z .Notary Public - California i Riverside County personally (mown to me proved to me on the basis of satisfactory evidence to be the person whose name istare subscribed to the within Instrument and acknowledged to me that he/epeghey executed the same in hl&Amv wlr authorized capacity(loW, and that by hlsRrergheir skgnsturej on the Instrument the person,(dj, or the entity upon behalf of which the person.0 acted, executed the instrument WITNESS my hand and official official seal. arm.. aNmrynee OPTIONAL ntough me #donnedm maw is roof regwrod by lex; # may pove veweale m prawns m"W on #roe daarmenl and ooWd prevml haudrartt rrnoval and reslmclunent of title loon to antler deeranrtr. Description of Attached Document Title or Type of Document: (' u raci Document Date: Number of Pages: �- Signer(s) Other Than Named Above: Capecity0esKlalmed by Signer Signers Name: RG)X7rk b(d6kaA 0 Individual np of numb nm 21CorporateOfficer— Titlejx� yiCG �C�'SIC�c't�� ❑ Partner — O Umited ❑ General O Attomey -in -Fact 17 Trustee 0 Guardlan or Conservator O Other. p t Signer Is Representing: ��� NMP� lCltfl RS�iyl1� 0 te00 NebW NObn'AoetlIdOmIPRO 0. SOb Am. P.O. 00 207'0.4wOM, Ge13117.0a• rnw`.mee.Ym W.DM Pr" Wsw P. ft CNN TOW" 14006764! 0 0 LOCAL AGENCY BIDDER - DBE - INFORMATION This information may be submitted with your bid proposal. If it is not, and you are the apparent low bidder or the second or third low bidder, it must be submitted and received as specified In Section 2 -1.0213 of the Special Provisions. Failure to submit the required DBE CONTRACT NO.: 3525 BID AMOUNT: $ 663,663.00 BID OPENING DATE: A ril 10, 2003 BIDDER'S NAME: AI AW DBE GOAL FROM CONTRACT: 8.38 % - $58,602.00 DBE PRIME CONTRACTOR CERTIFICATION': O. \TRACT [TE M OF WORK ANO PtaIp 7 EB CERT. No. OF DB DOLLAR AMOUNT O. R SERVICES To B wt be ceraned as the dap E CONTRACTED OR MATERIAL opened - include DBE addrau BE PROVIDED' end phone number #19 Stamped Concrete CT 000475 Sullivan Concrete $42,817.50 1111 Baker Street Costa Mesa, CA 92628 (714) 556 -7633 #24 Striping 6 Markings CCA -9398 Sudhakar Company $11,977.00 1450 Fitzgerald Ave Rialto, CA 92376 (909) 879-2939 #23 Traffic Loops CT- 031277 California Professi nal Engineering Inc. $8,996.00 9316 Mable Ave. South E1 Monte, CA 91733 PrIPORTANT: Identify all DBE times being claimed for credit, ow Claimed $_A3,790.50 regardless of tier. Copies of the DBE quotes are required Names of the First Tier DBE Subcontractors and their respective item(s) of work Participation listed above shall be consistent, where applicable, with the names and items of work in the "List of Subcontractors" submitted with your bid 9.61 % pursuant to the Subcontractors Listing Law and Section 2.1.01, "General," of the Special Provisions. 1. DBE prime comractors sbsll enter their DBE Certification number. DBE prime corm=. shall iudicare ell work to be performed by DBEs including work performed by in own faces. 1pnature of Bidder 2. If 100% of item is not to be performed or famished by DBE, describe exact portion of itern to be performed m furnished by DBE. /�l10 ()3 ,I WO I eJ V t/ 1(Area 3. See Section 2 -1.02, "Disadvantaged Business Enteptise; to determine the credit allows Cats Code) Tel. No. for DBE firms. Pamon to Contact b a T nor PnM cr Rimer. mall rem 2timrn..o A11js 28 r U T Z J n r C. c IW V Z a x U Cl) D En F Q H Z 0 Q U LL F W U W m O W O N Q �a ¢ UJ OW N Z Q Z ¢ W rU O (n z W w Z 2 in- 4 a co o Q ¢Wo oaZ 2 c QQ_ °aw (n U N D U 0 �� � � a 'e � �o to �o •o � �o icUwt a.. 1 i so I° a I 1 �W O i < of (H M EA I E9 E9 F9 EA iR m s I z 0 Q I I 1 I w v � w z O N N Z N 1 m i i i ) a i� 'QN W )EW zP u¢O O< -FN :aw u¢= u Z'D Um >m e� )N u i a e u )F d loF 71 Y O r � Y U) V O O a n. a EXHIBIT 17 -0 �I .Assistance Procedures Manual Disadvantaged Business Enterprises BE) Certification Status Change Form CP -CEM 2403(F) (New 10/99) DISADVANTAGED BUSINESS ENTERPRISES (DBE) CHANGE IN CERTiFIC'ATION STATUS REPORT The top of the form requires specific information regarding the construction project Contract Number. Count}. Route. Post Miles/ Post Kilometers, the Administering Agency, the Contract Completion Date and the Estimated Contract Amount. It requires the Prime Contractor name and Business Address. The focus of the form is to substantiate and verify the actual DBE dollar amount paid to contractors on Federally funded projects that had a change in Certification status during the course of the completion of the contract. The two situations that are being addressed by CP -CE-M 2403(F) are if a firm certified as a DBE and doing work on the contract during the course of the project becomes Decertified, and if a non -DBE firm doing work on the contract during the COUCSe of the project becomes Certified as a DBE. The form has a column to enter the Contract Item No (or Item No's) as well as a column for the Subcontractor Name, Business Address, Business Phone, and contractor's Certification Number. The column entitled Amount Paid While Certified will be used to enter the actual dollar value of the work performed by those contractors who meet the conditions as outlined above during the time period they are Certified as a DBE. This column on the CP -CEM -2403 (F) should only reflect the dollar value of work performed while the firm was Certified as a DBE. The column called Certification /Decertification Date (Letter attached) will reflect either the date of the Decertification Letter sent out by the Civil Rights Program or the date of the Certification Certificate mailed out by the Civil Rights Program. There is a box to check that support documentation is attached to the CP -CEM- 2403(F) form. There is a Comments section for any additional information that may need to be provided regarding any of the above transactions. The CEM -2403 (F) has an area at the bottom where the Contractor and the Resident Engineer sign and date that the information provided is complete and correct. Page 17 -44 March 15, 2001 80 LPP 0 1 -04 Local Assistance Procedures Ma � PSRE Checklist Instructions • EXHIBIT 12 -E Attachment K 5 -1._ PERFORJ TLNC/_ OFD7 ;LSO13 CON TRACTORS.4NDSUPPLIE_RS The DBEs listed by the Contractor in response to the requirements in the section of these special provisions entitled "Submission of DBE- Information, Award, And Execution Of Contract_" which are determined by the Depannient to he certified DBE.s, 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 otter source;. Authorization to utilize other forces or sources of materials may be requested for the following reasons: (1) '1 he listed DBE. after having had a reasonable opportunity to do so, fails or refuses to execute a written contract, Mien such �mncn contract, based upon the general terms, conditions, plans and specifications for the project, or on the terms of such >ubcontractor's or supplier's written bid, is presented by the Contractor. (2) The listed DBE becomes bankrupt or insolvent. (3) The listed DBE fails or refuses to perform his subcontract or furnish the listed materials. (4) The Contractor stipulated that a bond was a condition of executing a subcontract and the listed DBE subcontractor fails or refuses to meet the bond requirements of the Contractor. (5) The work performed by the listed subcontractor is substantially unsatisfactory and is not in substantial accordance �� ith the plans and specifications, or the subcontractor is substantially delaying or disrupting the progress of the work. (6) It would be in the best interest of the State. The Contractor shall not be entitled to any payment for such work or material unless it is performed or supplied by the listed DBE or by other forces (including those of the Contractor) pursuant to prior written authorization of the Engineer. Page 12 -101 LPP 01 -04 '1 March 15, 2001 � Local Assistance Procedur(10anual PS &E Checklist Instructions EXHIBIT 12,E .Attachment ;�1 5 -I._ BUY AMERICA REQUIREMENTS. -- Attention is directed to the "Buy America" requirements of the Surface Transportation Assistance Act of 1982 (Section 165) and the Intennodal Surface Transportation Efficiency Act of 1991 (ISTEA) Sections 1041(a) and 1048(a), and the regulations adopted pursuant thereto. In accordance with said law and regulations, all manufacturing processes for steel and iron materials furnished for incorporation into the work on this proiect shall occur in the United States; with the exception that pig iron and processed, pelletized and reduced iron ore manufactured outside of the United States may be used in the domestic manufacturing process for such steel and iron materials. The application of coatings, such as epoxy coating, galvanizing, painting, and any other coating that protects or enhances the value of such steel or iron materials shall be considered a manufacturing process subject to the "Buy America" requirements. A Certificate of Compliance, conforming to the provisions in Section 6 -1.07, "Certificates of Compliance," of the Standard Specifications, shall be furnished for steel and iron materials. The certificates, in addition to certifying that the materials comply with the specifications, shall also specifically certify that all manufacturing processes for the materials occurred in the United States, except for the exceptions allowed herein. The requirements imposed by said law and regulations do not prevent a minimal use of foreign steel and iron materials if the total combined cost of such materials used does not exceed one -tenth of one percent (0.1 %) of the total contract cost or $2,500, whichever is greater. The Contractor shall fitmish the Engineer acceptable documentation of the quantity and value of any foreign steel and iron prior to incorporating such materials into the work. Pakc 12 -105 LPP 01 -04 il1arch 15, 2001 ffi'L 'IF ! OF 1NSURANCE � � :_ DATE (MMI00 /YY) :. ,;:... .._. 4/25/03 - PRODUCER - - - - THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION 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. 600 City Pkwy West, Ste. 8500 COMPANIES AFFORDING COVERAGE COMPANY Orange CA 92868 -2946 (714) 937 -1824 A Royal Ins Co. of America INSURED COMPANY All American Asphalt B Hartford Fire Insurance Co. PO Box 2229 I COMPANY Corona, CA 92878 -2229 C Great American Insurance Co COMPANY Pacific Eagle Insurance Co OpUERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED,NOT W ITHSTANDING ANY REQUIREMENT,TERMOR CONDITIONOF ANYCONTRACT OROTHER DOCUMENT W ITH RESPECTTO W HICHTHIS 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 LTw TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE IMMIDDIYY) POLICY (EXPIRATION DATE (MMIDDIYY) LIMITS A GENERALLIABLITV K2HA120981 8/01/02 8/01/03 GENERAL AGGREGATE $ 2,000,000 X COMMERCIAL GENERAL LIABILITY ADDITIONAL INSURED & PRODUCTS- COMP /OP AGO $ 2,000,000 CLAIMS MADE a OCCUR PRIMARY WORDING APPLIES PERSONAL & ADV INJURY $ 1,000,000 OWNER'S & CONTRACTOR'S PROT ONLY IF REQUIRED BY EACH OCCURRENCE $ 1,000,000 X , S25,000 SIR CONTRACT FIRE DAMAGE (Any one tire) $ 50,000 MED EXP (Any one person) $ B AUTOMOBILE LIABILITY 72UENGK5491 K2,1' 02 8101103 COMBINED SINGLE LIMIT S X ANY Auto �� 1,000,000 BODILY INJURY $ ALL OWNED AUTOS SCHEDULED AUTOS I HIRED AUTOS NONOWNED AUTOS $10,000 DED /- INSURA J D E E APPROVE ��� RISK MANAGER ' i JURY acci eni) $ X P TY DAMAGE - -- $ OAR AGELIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN AUTO ONLY: EACH ACCIDENT $ AGGREGATE $ C EXCESS LIABILITY TUE5950076 8101102 8101103 EACH OCCURRENCE $ 10,000,000 AGGREGATE $ 10,000,000 —XdUMBRELLA FORM OTHER THAN UMBRELLA FORM $ D WORKERS COMPENSATION AND 4SO200304 6/08/02 6/08/03 X STATUTORY LIMITS EMPLOYERS' LIABILITY EACH ACCIDENT $ 1,000,000 THE PROPRIETOR/ TIVE INCL PARTNERS /EXECU DISEASE -POLICY LIMIT $ 1,000,000 DISEASE EACH EMPLOYEE IS 1,000,000 OFFICERS ARE EXCL OTHER N/A DESCRIPTION OF OPERATIONSILOCATIONSIVEHICLESISPECIAL ITEMS RE: Jamboree Road Rehabilitation Project from Bison Ave. to University Drive; STPL 5151 -017 `10 days notice for nonpayment of pr aml um 2a" sc 4.`ERTIFICATE HOLDER CANCELLATION „ SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City of Newport Beach EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDDAVOINK) AXAI_ 3300 Newport Blvd. 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, P.O. Box 1768 BYOOBWXYRX7 01D( XYA110811DIKXRf 07( i' Y7 NIIMXXNXPAt YY1Ntl (XIB(XYXYNIN(XNKXMOBIYRX'l(XX Newport Beach, CA 92658 -8915 OFXXAORI( XXMXX IBW RXAXWX) MRWA* M (XXWXXXiMM)(WRX)BBBRBBBNW601D1= AUTHORIZED REPRESENTATIVE ( a�r 053011 ACfYRES 85 -5 3183} . (cP1 ACORD�CORP ©RATION 1993 CERTIFICATE: 188/0021 02348 0 POLICY NUMBER: K2HA120981 COMMERCIAL GENERAL LIABILITY INSURED: All American Asphalt EFFECTIVE: 8/1/02 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 Jamboree Road Rehabilitation Project from Bison Ave. to University Dr.; STPL 5151 -017 (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. 1ySURANCE i RISK CG 20 10 11 85 ©Copyright, Insurance Services Office, Inc., 1984 endorse2mpd COMMERCIAL AUTOMOBILE • COVERAGEPART - DECLARATIONS BUSINESS AUTO COVERAGE FORM (Continued) POLICY NUMBER: 72 UEN GK5491 K2 ITEM FIVE - SCHEDULE FOR NON - OWNERSHIP LIABILITY NAMED INSURED'S RATING BASIS NUMBER BUSINESS Other than a Social Service Number of Employees Agency Number of Partners Social Service Agency Number of Employees Number of Volunteers • RATE ADVANCE PREMIUM 25 INCL TOTAL ADVANCE PREMIUM: INCL. IN COMPOSITE RATE INCL. IN COMPOSITE RATE WHO IS INSURED for LIABILITY COVERAGE is extended as indicated below by X�" and a charge shown in the corresponding space for advance premium. Employees .As Insureds Volunteers As Insureds RATING BASIS Number of Employees Number of Volunteers NUMBER TOTAL ADVANCE PREMIUM: Form HA 00 25 02 95 Page 5 RATE ADVANCE PREMIUM This SPECIAL MULTI -FLEX POL.Ss provided by the insurance company(s) We Hartford Insurance Group, shown below. , COMMON POLICY DECLARATIONS POLICY NUMBER: 72 LIEN GK5491 K2 Named Insured and Mailing Address: (No., Street, Town, State, Zip Code) Policy Period: ALL AMERICAN ASPHALT (SEE IH12001185) P.O. BOX 2229 CORONA, CA. 92879 From 08 -01 -02 To 0 i-03 12:01 A.M. Standard time at your mailing address shown above. In return for the payment of the premium, and subject to all of the terms of this policy, we agree with you to provide insurance as stated in this policy. The Coverage Parts that are a part of this policy are listed below. The Advance Premium shown may be subject to adjustment. Coverage Part and Insurance Company Summary Advance Premium COMMERCIAL AUTOMOBILE HARTFORD FIRE INSURANCE COMPANY HARTFORD PLAZA HARTFORD, CT. 06115 Form Numbers of Coverage Parts, Forms and Endorsements that are a part of this policy and that are not listed in the Coverage Parts. HM00010295 IH12001185 (NAMED INSURED) 1H00170295 IL00210498 IL02700799 HAO0250295 AgentlBroker Name: CALCO INS. BROKERS — OR #180649 SDF /08 -12.02 This policy is not binding unless countersigned by our Authorized Representative. Countersigned by Form HM 00 10 02 95 Authorized Representative Date 0 COMMERCIAL AUTOMOBILE COVERAGE PART - DECLARATIONS BUSINESS AUTO COVERAGE FORM POLICY NUMBER: 72 UEN GK5491 K2 This COMMERCIAL AUTOMOBILE COVERAGE PART consists of: 0 A. This Declarations Form; B. Business Auto Coverage Form; and C. Any Endorsements issued to be a part of this Coverage Form and listed below. ITEM ONE - NAMED INSURED AND ADDRESS The Named Insured is stated on the Common Policy Declarations. AUDIT PERIOD: ANNUAL Fi ADVANCE PREMIUM: Except in this Declarations, when we use the word "Declarations" in this Coverage Part, we mean this "Declarations" or the "Common Policy Declarations." Form Numbers of Coverage Forms, Endorsements and Schedules that are part of this Coverage Part: HA00041290 CA00011293 HA21020692 CA99031293 CA21540297 CA01430297 CA03021293 CA03050297 CA20380297 HAO0241290 HA99040187 HA99081290 HA99160793 HAO0120692 IH12011185 (COMPOSITE RATE ENDORSEMENT) IH12011185 (6) -- (EXCLUSION OF NAMED DRIVERS) Form HA. 00 25 02 95 Page 1 (Continued on next page) Includes copyrighted material of Insurance Services Office, Inc., with its permission. Copyright, Insurance Services Office, inc., 1993 COMMERCIAL AUTOMOBILE • • COVERAGE PART - DECLARATIONS BUSINESS AUTO COVERAGE FORM (Continued) POLICY NUMBER: 72 UEN GK5491 K2 ITEM TWO - SCHEDULE OF COVERAGES AND COVERED AUTOS This policy provides only those coverages where a charge is shown in the premium column below. Each of these coverages will apply only to those "autos" shown as covered "autos" "Autos" are shown as covered "autos" for a particular coverage by the entry of one or more of the symbols from the COVERED AUTO Section of the Business Auto Coverage Form next to the name of the coverage. This insurance is subject to all of the terms of the policy that apply. COVERAGES COVERED LIMIT ADVANCE PREMIUM AUTOS THE MOST WE WILL PAY FOR ANY ONE ACCIDENT OR LOSS LIABILITY 1 $ 1,000,000 each "accident" INCL. IN COMPOSITE RATE $ 10,000 DEDUCTIBLE PERSONAL INJURY Separately stated in each Personal Injury PROTECTION Protection Endorsement (or equivalent No -Fault coverage) ADDED PERSONAL Separately stated in each Added Personal INJURY PROTECTION Injury Protection Endorsement (or equivalent added No -Fault coverage) OPTIONAL BASIC $25,000 each eligible injured person per ECONOMIC LOSS "accident' (New York only) PROPERTY PROTECTION Separately stated in the Property INSURANCE Protection Insurance Endorsement (Michigan only) AUTO MEDICAL 2 See Schedule HA0012 For Medical INCL. IN PAYMENTS Payments for "Bodily Injury" Limits for COMPOSITE RATE each "insured" LIMIT: $ 5,000. UNINSURED MOTORISTS 2 $ 60,000. each "accident' INCL. IN COMPOSITE RATE UNDERINSURED MOTORISTS (When not included in Uninsured Motorist Coverage) each "accident' Form HA 00 25 02 95 Page 2 (Continued on next page) COMMERCIAL AUTOMOBILE • • COVERAGE PART - DECLARATIONS BUSINESS AUTO COVERAGE FORM (Continued) POLICY NUMBER: 72 LIEN GK5491 K2 ITEM TWO - SCHEDULE OF COVERAGES AND COVERED AUTOS (Continued) COVERAGES PHYSICAL DAMAGE COMPREHENSIVE COVERAGE SPECIFIED CAUSES OF LOSS COVERAGE COLLISION COVERAGE TOWING AND LABOR (Not available in California) COVERED LIMIT ADVANCE PREMIUM AUTOS THE MOST WE WILL PAY FOR ANY ONE ACCIDENT OR LOSS See ITEM FOUR for hired or borrowed "autos" 7,8 Actual Cash Value, Cost of Repair, or the INCL. IN Stated Amount shown in ITEM COMPOSITE RATE THREE, whichever is smallest, minus any deductible shown in ITEM THREE for each covered "auto." Actual Cash Value, Cost of Repair, or the Stated Amount shown in ITEM THREE, whichever is smallest, minus $25 deductible for each covered "auto" for "loss" caused by mischief or vandalism. 7,8 Actual Cash Value, Cost of Repair, or the INCL. IN Stated Amount shown in ITEM THREE, COMPOSITE RATE whichever is smallest, minus any deductible shown in ITEM THREE for each covered "auto" Refer to Schedule HAO012 for limit for each disablement of a private passenger "auto." Endorsement Premium (Not included above) TOTAL ADVANCE PREMIUM Form HA 00 25 02 95 ^- -- ^ '^ - INCL. IN COMPOSITE RAE $ 79,578. 0 COMMERCIAL AUTOMOBILE COVERAGE PART - DECLARATIONS BUSINESS AUTO COVERAGE FORM (Continued) POLICY NUMBER: 72 UEN GK5491 K2 ITEM THREE - SCHEDULE OF COVERED AUTOS YOU OWN 0 Applicable only if "Schedule of Covered Autos You Own ", Form HA 00 12, is issued to form a part of this policy. ITEM FOUR - SCHEDULE OF HIRED OR BORROWED AUTO COVERAGE AND PREMIUMS LIABILITY COVERAGE -RATING BASIS IS COST OF HIRE. Cost of hire means the total amount you incur for the hire of "autos" you don't own (not including "autos" you borrow or rent from your partners or employees or their family members). Cost of hire does not include charges for services performed by motor carriers of property or passengers. ESTIMATED COST OF HIRE RATE PER EACH $100 COST OF HIRE ADVANCE PREMIUM IF ANY INCL. INCL. IN COMPOSITE RATE INCL. IN COMPOSITE TOTAL ADVANCE PREMIUM: RATE If this box is marked, LIABILITY COVERAGE for hired and borrowed autos applies on a primary basis and for purposes of the condition entitled OTHER INSURANCE, any covered "auto" you hire or borrow is deemed to be a covered "auto" you own. PHYSICAL DAMAGE COVERAGE COVERAGES LIMIT ESTIMATED RATE PER ADVANCE THE MOST WE WILL PAY FOR ANY ONE ACCIDENT TOTAL OF AUTO /DAY PREMIUM OR LOSS AUTO /DAYS OF HIRED AUTOS COMPREHENSIVE $ 50,000, or Actual Cash Value or Cost of Repair, 14 INCL INCL. IN whichever is smallest, minus $ 5,000. deductible for COMPOSITE each covered "auto". No deductible applies to "loss" RATE caused by fire or lightning. SPECIFIED or Actual Cash Value or Cost of Repair, whichever is CAUSES OF LOSS smallest, minus S25 deductible for each covered "auto" for "loss" caused by mischief or vandalism, COLLISION $ 50,000.or Actual Cash Value or Cost of Repair, 14 INCL. INCL. IN whichever is smallest, minus $ 5,000. deductible for COMPOSITE each covered "auto" RATE TOTAL ADVANCE PREMIUM: INCL. IN COMPOSITE RATE If this box is marked, PHYSICAL DAMAGE COVERAGE for hired and borrowed autos applies on a direct primary basis and for purposes of the condition entitled OTHER INSURANCE, any covered "auto" you hire or borrow is deemed to be "auto" you own. Form HA 00 25 02 95 0,,,o a SCHEDULE OF COVET& AUTOS YOU OWN 0 Policy Number: 72 UEN GK5491 K2 This endorsement is effective on the Inception date of the policy unless another date Is indicated below: Effective Date: Covered Auto No. Ide (VIN) n No Identification . ) Description -Year, Model, Trade Name, Body Type tifi ti City or Town and State where the covered "auto" will be principally garaged Original Cost New (Chassis 8 Body Including special Equiprrwt) or Rating Symbct Auto Mad Pay Limit for each Insured Cov. AF Territory Code Tax Code Classification Code Size -GVW or GCW or Vehicle Seating Capacity Radius of Operation L�a21,1= 1n�iata, L0.icng Distance Use S= Service, R= Retail, C= Commercial, Other (Describe) Lessor No. Loss Payee No. Deductible PER SCHEDULE ON FILE WITH COMPANY Garaged: Deductible Stated Amount PIP Premium Cov. AC. Auto Ivied Pay Premium Cov, AF Underinsured Motorists Premium Cov. AGU Radius of Operation: Rate Use: Rate Cov. AT Garaged: INCLUDED $ IN $ COMPOSITE $ RATES $ Coverage Radius of Operation: $ Use: $ $ Garaged: $ $ $ $ $ Radius of Operation: $ Use: $ Garaged: $ $ $ Coverage $ Radius of Operation: Use: $ Premiums and Limits - Absence, if any, of a limit entry below means that the limit entry shown In the corresponding ITEM TWO of the Declarations Limit Column applies instead. Covered Auto No. Liability Premium Gov AA Added PIP Prem. Cov. AD Auto Mad Pay Limit for each Insured Cov. AF Uninsured Motorists Premium Cov. AG Physical Damage (non- Collision) Collision CovAR Towing and Labor Premium Coverage'- Plot Prem. Cov, AE OBEL Prem. Cov. AV Deductible Stated Amount Deductible Stated Amount PIP Premium Cov. AC. Auto Ivied Pay Premium Cov, AF Underinsured Motorists Premium Cov. AGU Premium Rate Premium Rate Cov. AT INCLUDED $ IN $ COMPOSITE $ RATES $ Coverage $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ Coverage $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ Coverage $ $ $ $ $ $ $ $ $ S $ $ $ $ $ $ $ Coverage $ $ $ $ $ $ $ $ $ $ $ $ $ to you and the loss payee below as U If this box is marked " u ," Loss Payees are identified by Loss Payee No. on the Schedule of Loss Payees. Form HA 00 12 08 92 Printed in U.S.A. Page_1_of_1_Pages © 1985, The Hartford (Includes copyrighted material of Insurance Services Office, Inc. with its permission. Copyright Insurance Services Office Inc., 1985.) POLICY NUMBER: 72 UEN Gk* K2 • THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, NAMED INSURED 1. ALL AMERICAN ASPHALT 2. ALL AMERICAN AGGREGATES 3. MORE TRUCK LINES 4. DIX LEASING CORPORATION 5. CAMCO 6. DANIEL D. SISEMORE & BETTY L. SISEMORE TRUST 7. ALL AMERICAN EXPRESS Form IH 12 00 11 85 Printed in U.S.A. Ll 10 Quick Reference Commercial Auto Coverage Part Business Auto Coverage Form READ YOUR POLICY CAREFULLY BUSINESS AUTO COVERAGE FORM DECLARATIONS • Named Insured And Address • Coverages And Limits Of Insurance BUSINESS AUTO COVERAGE FORM Beginning on Page SECTION I - Covered Autos • Description of Covered Auto Designation Symbols...................... ............................... 1 • Owned Autos You Acquire After the Policy Begins......................... ............................... 1 • Certain Trailers, Mobile Equipment And Temporary Substitute Autos ....................... 2 SECTION II - Liability Coverage • Coverage_ ................................................. 2 • Who Is An Insured ....... ............................... 2 • Coverage Extensions - Supplementary Payments .................... 3 - Out of State ........... ............................... 3 • Exclusions ................... ............................... 3 • Limit of Insurance ........ ............................... 5 SECTION N - Physical Damage Coverage • Coverage ..................... ............................... 5 • Exclusions ................... ............................... 6 • Limit of Insurance ........ ............................... 6 • Deductible ................... ............................... 6 Form HA 00 0412 90 Printed in U.S.A. F� Beginning on Page SECTION IV - Business Auto Conditions • Loss Conditions - Appraisal For Physical Damage Loss..... 7 - Duties in The Event of Accident, Claim, Suit or Loss .......... ............................... 7 - Legal Action Against Us ...................... 7 - Loss Payment - Physical Damage Coverages........... ............................... 7 - Transfer Of Rights Of Recovery Against Others To Us ....... ............................... 8 • General Conditions - Bankruptcy ............ ............................... 8 - Concealment, Misrepresentation Or Fraud 8 - Liberalization ......... ............................... 8 No Benefit To Bailee - Physical Damage Coverages ........... ............................... 8 Other Insurance .... ............................... 8 Premium Audit ...... ............................... 8 Policy Period, Coverage Territory ........ 9 Two Or More Coverage Forms Or Policies Issued By Us... ...................... 9 SECTION V - Definitions . ............................... 9 • COMMERCIAL AUTO CA 00 01 12 93 BUSINESS AUTO COVERAGE FORM Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not covered. Throughout this policy the words "you" and "your" refer to the Named Insured shown in the Declarations. The words "we ", "us" and "our" refer to the Company providing this insurance. Other words and phrases that appear in quotation marks have special meaning. Refer to SECTION V - DEFINITIONS. SECTION I - COVERED AUTOS ITEM TWO of the Declarations shows the "autos" that are covered "autos" for each of your coverages. The following numerical symbols describe the "autos" that may be covered "autos ". The symbols entered next to a coverage on the Declarations designate the only "autos" that are covered "autos ". A. DESCRIPTION OF COVERED AUTO DESIGNATION SYMBOLS SYMBOL DESCRIPTION 1 = ANY "AUTO ". 2 = OWNED "AUTOS" ONLY. Only those "autos" you own (and for Liability Coverage any "trailers" you don't own while attached to power units you own). This includes those "autos" you acquire ownership of after the policy begins. 3 = OWNED PRIVATE PASSENGER "AUTOS" ONLY. Only the private passenger "autos" you own. This Includes those private passenger "autos" you acquire ownership of after the policy begins. 4 = OWNED "AUTOS" OTHER THAN PRIVATE PASSENGER "AUTOS" ONLY. Only those "autos" you own that are not of the private passenger type (and for Liability Coverage any "trailers" that you don't own while attached to power units you own). This includes those "autos" not of the private passenger type you acquire ownership of after the policy begins. 5 = OWNED "AUTOS" SUBJECT TO NO- FAULT. Only those "autos" you own that are required to have No -Fault benefits in the state where they are licensed or principally garaged. This includes those "autos" you acquire ownership of after the policy begins provided they are required to have No -Fault benefits in the state where they are licensed or principally garaged. 6 = OWNED "AUTOS" SUBJECT TO A COMPULSORY UNINSURED MOTORISTS LAW. Only those "autos" you own that because of the law in the state where they are licensed or principally garaged are required to have and cannot reject Uninsured Motorists Coverage. This includes those "autos" you acquire ownership of after the policy begins provided they are subject to the same state uninsured motorists requirement. 7 = SPECIFICALLY DESCRIBED "AUTOS ". Only those "autos" described in ITEM THREE of the Declarations for which a premium charge is shown (and for Liability Coverage any "trailers" you don't own while attached to any power unit described in ITEM THREE). 8= HIRED "AUTOS" ONLY. Only those "autos" you lease, hire, rent or borrow. This does not include any "auto" you lease, hire, rent, or borrow from any of your employees or partners or members of their households. 9 = NONOWNED "AUTOS" ONLY. Only those "autos" you do not own, lease, hire, rent or borrow that are used in connection with your business. This includes "autos" owned by your employees or partners or members of their households but only while used in your business or your personal affairs. B. OWNED AUTOS YOU ACQUIRE AFTER THE POLICY BEGINS 1. If symbols 1, 2, 3, 4, 5 or 6 are entered next to a coverage in ITEM TWO of the Declarations, then you have coverage for "autos" that you acquire of the type described for the remainder of the policy period. CA 00 01 12 93 Copyright, Insurance Services Office, Inc., 1993 Page 1 of 11 L, 2. But, if symbol 7 is entered next to a coverage in ITEM TWO of the Declarations, an "auto' you acquire will be a covered "auto' for that coverage only if: a. We already cover all "autos" that you own for that coverage or it replaces an "auto' you previously owned that had that coverage; and b. You tell us within 30 days after you acquire it that you want us to cover it for that coverage. C. CERTAIN TRAILERS, MOBILE EQUIPMENT AND TEMPORARY SUBSTITUTE AUTOS If Liability Coverage is provided by this Coverage Form, the following types of vehicles are also covered "autos" for Liability Coverage: A. COVERAGE 0 1. "Trailers" with a load capacity of 2,000 pounds or less designed primarily for travel on public roads. 2. "Mobile equipment' while being carried or towed by a covered "auto'. 3. Any "auto' you do not own while used with the permission of its owner as a temporary substitute for a covered "auto' you own that is out of service because of its: a. Breakdown; b. Repair; c. Servicing; d. "Loss "; or e. Destruction SECTION II - LIABILITY COVERAGE We will pay all sums an "insured" legally must pay as damages because of "bodily injury" or "property damage" to which this insurance applies, caused by an "accident" and resulting from the ownership, maintenance or use of a covered "auto'. We will also pay all sums an "insured" legally must pay as a "covered pollution cost or expense" to which this insurance applies, caused by an "accident' and resulting from the ownership, maintenance or use of covered "autos ". However, we will only pay for the "covered pollution cost or expense" if there is either "bodily injury' or "property damage" to which this insurance applies that is caused by the same "accident ". We have the right and duty to defend any "insured" against a "suit' asking for such damages or a "covered pollution cost or expense ". However, we have no duty to defend any "insured" against a "suit' seeking damages for 'bodily injury' or 'property damage" to which this insurance does not apply. We may investigate and settle any claim or "suit' as we consider appropriate. Our duty to defend or settle ends when the Liability Coverage Limit of Insurance has been exhausted by payment of judgments or settlements. 1. WHO IS AN INSURED The following are "insureds ". a. You for any covered "auto'. b. Anyone else while using with your permission a covered "auto' you own, hire or borrow except: (1) The owner or anyone else from whom you hire or borrow a covered "auto'. This exception does not apply if the covered "auto" is a 'trailer" connected to a covered "auto' you own. (2) Your employee if the covered "auto" is owned by that employee or a member of his or her household. (3) Someone using a covered "auto' while he or she is working in a business of selling, servicing, repairing, parking or storing "autos" unless that business is yours. (4) Anyone other than your employees, partners, a lessee or borrower or any of their employees, while moving property to or from a covered "auto'. Page 2 of 11 Copyright, Insurance Services Office, Inc., 1993 CA 00 01 12 93 0 (5) A partner of yours for a covered "auto" owned by him or her or a member of his or her household. c. Anyone liable for the conduct of an "insured" described above but only to the extent of that liability. 2. COVERAGE EXTENSIONS a. Supplementary Payments. In addition to the Limit of Insurance, we will pay for the "insured ": (1) All expenses we incur. (2) Up to $250 for cost of bail bonds (including bonds for related traffic law violations) required because of an "accident" we cover. We do not have to furnish these bonds. (3) The cost of bonds to release attachments in any "suit" we defend, but only for bond amounts within our Limit of Insurance. (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earning up to $100 a day because of time off from work. (5) All costs taxed against the "insured" in any "suit" we defend. (6) All interest on the full amount of any judgment that accrues after entry of the judgment in any "suit" we defend, but our duty to pay interest ends when we have paid, offered to pay or deposited in court the part of the judgment that is within our Limit of Insurance. b. Out -of -State Coverage Extensions. While a covered "auto" is away from the state where it is licensed we will: (1) Increase the Limit of Insurance for Liability Coverage to meet the limits specified by a compulsory or financial responsibility law of the jurisdiction where the covered "auto" is being used. This extension does not apply to the limit or limits specified by any law governing motor carriers of passengers or property. 0 (2) Provide the minimum amounts and types of other coverages, such as no- fault, required of out -of -state vehicles by the jurisdiction where the covered "auto" is being used. We will not pay anyone more than once for the same elements of loss because of these extensions. B. EXCLUSIONS This insurance does not apply to any of the following: 1. EXPECTED OR INTENDED INJURY "Bodily injury" or "property damage" expected or intended from the standpoint of the "insured ". 2. CONTRACTUAL Liability assumed under any contract or agreement. But this exclusion does not apply to liability for damages; a. Assumed in a contract or agreement that is an "insured contract" provided the "bodily injury" or "property damage" occurs subsequent to the execution of the contract or agreement; or b. That the "insured" would have in the absence of the contract or agreement. 3. WORKERS' COMPENSATION Any obligation for which the "insured" or the "insured's" insurer may be held liable under any workers' compensation, disability benefits or unemployment compensation law or any similar law. 4. EMPLOYEE INDEMNIFICATION AND EMPLOYER'S LIABILITY "Bodily injury" to: a. An employee of the "insured" arising out of and in the course of employment by the "insured or b. The spouse, child, parent, brother or sister of that employee as a consequence of paragraph a. above. CA 00 01 12 93 Copyright, Insurance Services Office, Inc., 1993 Page 3 of 11 9 This exclusion applies: (1) Whether the "insured" may be liable as an employer or in any other capacity; and (2) To any obligation to share damages with or repay someone else who must pay damages because of the injury. But this exclusion does not apply to "bodily injury" to domestic employees not entitled to workers' compensation benefits or to liability assumed by the "insured" under an "insured contract ". 5. FELLOW EMPLOYEE "Bodily injury" to any fellow employee of the "insured" arising out of and in the course of the fellow employee's employment. 6. CARE, CUSTODY OR CONTROL "Property damage" to or "covered pollution cost or expense" involving property owned or transported by the "insured" or in the "insured's care, custody or control. But this exclusion does not apply to liability assumed under a sidetrack agreement. 7. HANDLING OF PROPERTY "Bodily injury" or "property damage" resulting from the handling of property: a. Before it is moved from the place where it is accepted by the "insured" for movement into or onto the covered "auto "; or b. After it is moved from the covered "auto" to the place where it is finally delivered by the "Insured". 8. MOVEMENT OF PROPERTY BY MECHANICAL DEVICE "Bodily injury" or "property damage" resulting from the movement of property by a mechanical device (other than a hand truck) unless the device is attached to the covered "auto ". 9. OPERATIONS "Bodily injury" or "property damage" arising out of the operation of any equipment listed in paragraphs 6.b. and 6.c. of the definition of "mobile equipment ". 10. COMPLETED OPERATIONS "Bodily injury" or "property damage" arising out of your work after that work has been completed orabandoned. In this exclusion, your work means: a. Work or operations performed by you or on your behalf; and b. Materials, parts or equipment furnished in connection with such work or operations. Your work includes warranties or representations made at any time with respect to the fitness, quality, durability or performance of any of the items included in paragraphs a. or b. above. Your work will be deemed completed at the earliest of the following times: (1) When all of the work called for in your contract has been completed. (2) When all of the work to be done at the site has been completed if your contract calls for work at more than one site. (3) When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service, maintenance correction, repair or replacement, but which is otherwise complete, will be treated as completed. 11. POLLUTION "Bodily injury" or "property damage" arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of "pollutants ": a. That are, or that are contained in any property that is: (1) Being transported or towed by, handled, or handled for movement into, onto or from, the covered "auto "; (2) Otherwise in the course of transit by or on behalf of the "insured "; or Page 4 of 11 Copyright, Insurance Services Office, Inc., 1993 CA 00 01 12 93 E (3) Being stored, disposed of, treated or processed in or upon the covered "auto "; b. Before the "pollutants" or any property in which the "pollutants" are contained are moved from the place where they are accepted by the "insured" for movement into or onto the covered "auto "; or c. After the "pollutants" or any property in which the "pollutants" are contained are moved from the covered "auto" to the place where they are finally delivered, disposed of or abandoned by the "insured ". Paragraph a. above does not apply to fuels, lubricants, fluids, exhaust gases or other similar "pollutants" that are needed for or result from the normal electrical, hydraulic or mechanical functioning of the covered "auto" or its parts, if: (1) The "pollutants" escape, seep, migrate, or are discharged or released directly from an "auto" part designed by its manufacturer to hold, store, receive or dispose of such "pollutants" and (2) The "bodily injury", "property damage" or "covered pollution cost or expense" does not arise out of the operation of any equipment listed in paragraphs 6.b. and 6.c. of the definition of "mobile equipment ". Paragraphs b, and c. above of this exclusion do not apply to "accidents" that occur away from premises owned by or rented to an "insured" with respect to "pollutants" not in or upon a covered "auto" if. (1) The "pollutants" or any property in which the "pollutants" are contained are upset, overturned or damaged as a result of the maintenance or use of a covered "auto ": and (2) The discharge, dispersal, seepage, migration, release or escape of the "pollutants" is caused directly by such upset, overturn or damage. 12. WAR "Bodily injury" or "property damage" due to war, whether or not declared, or any act or condition incident to war. War includes civil war, insurrection, rebellion or revolution. This exclusion applies only to liability assumed under a contract or agreement. 13. RACING Covered "autos" while used in any professional or organized racing or demolition contest or stunting activity, or while practicing for such contest or activity. This insurance also does not apply while that covered "auto" is being prepared for such a contest or activity. C. LIMIT OF INSURANCE Regardless of the number of covered "autos ", "insureds ", premiums paid, claims made or vehicles involved in the "accident ", the most we will pay for the total of all damages and "covered pollution cost or expense" combined, resulting from any one "accident" is the Limit of Insurance for Liability Coverage shown in the Declarations. All "bodily injury", "property damage" and "covered pollution cost or expense" resulting from continuous or repeated exposure to substantially the same conditions will be considered as resulting from one "accident ". No one will be entitled to receive duplicate payments for the same elements of "loss" under this Coverage Form and any Medical Payments Coverage endorsement, Uninsured Motorists Coverage endorsement or Underinsured Motorists Coverage endorsement attached to this Coverage Part. SECTION III - PHYSICAL DAMAGE COVERAGE A. COVERAGE b. Specified Causes of Loss Coverage Caused 1. We will pay for "loss" to a covered "auto" or its by equipment under: (1) Fire, lightning or explosion; a. Comprehensive Coverage. From any cause (2) Theft; except: (3) Windstorm, hail or earthquake; (1) The covered "auto's" collision with (q) Flood; another object; or (5) Mischief or vandalism; or (2) The covered "auto's" overturn. CA 00 01 12 93 Copyright, Insurance Services Office, Inc., 1993 Page 5 of 11 Page 6 of 11 Copyright, Insurance Services Office, Inc., 1993 CA 00 01 12 93 10 0 (6) The sinking, burning, collision or b. War or Military Action. derailment of any conveyance (1) War, including undeclared or civil war. transporting the covered "auto ". (2) Warlike action by a military force, c. Collision Coverage. Caused by. including action in hindering or (1) The covered "auto's" collision with defending against an actual or expected another object; or attack, by any government, sovereign or (2) The covered "auto's" overturn. other authority using military personnel or other agents; or 2. Towing. (3) Insurrection, rebellion, revolution, We will pay up to the limit shown in the usurped power or action taken by Declarations for towing and labor costs incurred governmental authority i hindering or each time a covered "auto" of the private t hese. defending against any of these. passenger type is disabled, However, the labor must be performed at the place of disablement. 2. We will not pay for "loss" to any covered "auto" while used in professional or organized racing or 3. Glass Breakage • Hitting a Bird or Animal - demolition contest or stunting activity, or while Falling Objects or Missiles. practicing for such contest or activity. We will If you carry Comprehensive Coverage for the also not pay for "loss" to any covered "auto" damaged covered "auto ", we will pay for the while that covered "auto" is being prepared for following under Comprehensive Coverage: such a contest or activity. a. Glass breakage; 3. We will not pay for "loss" caused by or resulting b. "Loss" caused by hitting a bird or animal; from any of the following unless caused by other and "loss" that is covered by this insurance: c. "Loss" caused by falling objects or missiles. a. Wear and tear, freezing, mechanical or However, you have the option of having glass electrical breakdown. breakage caused by a covered "auto's" collision b. Blowouts, punctures or other road damage or overturn considered a "loss" under Collision to tires. Coverage. 4. We will not pay for "loss" to any of the following: 4. Coverage Extension. We will pay up to $15 per a. Tapes, records, discs or other similar audio day to a maximum of $450 for transportation visual or data electronic devices designed expense incurred by you because of the total for use with audio, visual or data electronic theft of a covered "auto" of the private equipment. passenger type. We will pay only for those b. Equipment designed or used for the covered "autos" for which you carry either detection or location of radar. Comprehensive or Specified Causes of Loss Coverage. We will pay for transportation c. Any electronic equipment, without regard to expenses incurred during the period beginning whether this equipment is permanently 48 hours after the theft and ending, regardless installed, that receives or transmits audio, of the policy's expiration, when the covered visual or data signals and that is not "auto" is returned to use or we pay for its "loss ". designed solely for the reproduction of sound. B. EXCLUSIONS 1. We will not pay for "loss" caused by or resulting d. Any accessories used with the electronic equipment described in paragraph c. above. from any of the following. Such "loss" is excluded regardless of any other cause or event that contributes concurrently or in any sequence to the "loss ". a. Nuclear Hazard. (1) The explosion of any weapon employing atomic fission or fusion; or (2) Nuclear reaction or radiation, or radioactive contamination, however caused. Page 6 of 11 Copyright, Insurance Services Office, Inc., 1993 CA 00 01 12 93 C] Exclusions 4.c. and 4.d. do not apply to a. Equipment designed solely for the reproduction of sound and accessories used with such equipment, provided such equipment is permanently installed in the covered "auto" at the time of the "loss" or such equipment is removable from a housing unit which is permanently installed in the covered "auto" at the time of the "loss ", and such equipment is designed to be solely operated by use of the power from the "auto's" electrical system, In or upon the covered "auto "; or b. Any other electronic equipment that is: (1) Necessary for the normal operation of the covered "auto" or the monitoring of the covered "auto's" operating system; (2) An integral part of the same unit housing any sound reproducing equipment described in a. above and permanently installed in the opening of the dash or console of the covered "auto" normally used by the manufacturer for installation of a radio. C. LIMIT OF INSURANCE The most we will pay for "loss" in any one "accident" is the lesser of: 1. The actual cash value of the damaged or stolen property as of the time of the "loss "; or 2. The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality. D. DEDUCTIBLE or For each covered "auto ", our obligation to pay for, The following conditions Common Policy Conditions: A. LOSS CONDITIONS repair, return or replace damaged or stolen property will be reduced by the applicable deductible shown in the Declarations. Any Comprehensive Coverage deductible shown in the Declarations does not apply to "loss" caused by fire or lightning. SECTION 1V - BUSINESS AUTO CONDITIONS apply in addition to the 1. APPRAISAL FOR PHYSICAL DAMAGE LOSS If you and we disagree on the amount of "loss ", either may demand an appraisal of the "loss ". In this event, each party will select a competent appraiser. The two appraisers will select a competent and impartial umpire. The appraisers will state separately the actual cash value and amount of "loss ". If they fail to agree, they will submit their differences to the umpire. A decision agreed to by any two will be binding. Each party will: a. Pay its chosen appraiser; and b. Bear the other expenses of the appraisal and umpire equally. If we submit to an appraisal, we will still retain our right to deny the claim. 2. DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS a. In the event of "accident ", claim, "suit" or "loss ", you must give us or our authorized representative prompt notice of the "accident" or "loss ". Include: (1) How, when and where the "accident" or "loss" occurred; (2) The " insured's" name and address; and (3) To the extent possible, the names and addresses of any injured persons and witnesses. b. Additionally, you and any other involved "insured" must: (1) Assume no obligation, make no payment or incur no expense without our consent, except at the "insured's" own cost. (2) Immediately send us copies of any request, demand, order, notice, summons or legal paper received concerning the claim or "suit ". (3) Cooperate with us in the investigation settlement or defense of the claim or "suit ". (4) Authorize us to obtain medical records or other pertinent information. (5) Submit to examination, at our expense by physicians of our choice, as often as we reasonably require. CA 00 01 12 93 Copyright, Insurance Services Office, Inc., 1993 Page 7 of 11 0 c. If there is "loss" to a covered "auto" or its equipment you must also do the following: (1) Promptly notify the police if the covered "auto" or any of Its equipment is stolen. (2) Take all reasonable steps to protect the covered "auto" from further damage. Also keep a record of your expenses for consideration in the settlement of the claim. (3) Permit us to inspect the covered "auto" and records proving the "loss" before its repair or disposition. (4) Agree to examination under oath at our request and give us a signed statement of your answers. 3. LEGAL ACTION AGAINST US No one may bring a legal action against us under this Coverage Form until: a. There has been full compliance with all the terms of this Coverage Form; and b. Under Liability Coverage, we agree in writing that the "insured" has an obligation to pay or until the amount of that obligation has finally been determined by judgment after trial. No one has the right under this policy to bring us into an action to determine the " insured's" liability. 4, LOSS PAYMENT - PHYSICAL DAMAGE COVERAGES At our option we may: a. Pay for, repair or replace damaged or stolen property; b. Return the stolen property, at our expense. We will pay for any damage that results to the "auto" from the theft; or c. Take all or any part of the damaged or stolen property at an agreed or appraised value. 5. TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US If any person organization to or for whom we make payment under this Coverage Form has rights to recover damages from another, those rights are transferred to us. That person or organization must do everything necessary to secure our rights and must do nothing after "accident" or "loss" impair them. B. GENERAL CONDITIONS 1. BANKRUPTCY Bankruptcy or insolvency of the "insured" or the "insured's" estate will not relieve us of any obligations under this Coverage Form. 2. CONCEALMENT, MISREPRESENTATION OR FRAUD This Coverage Form is void in any case of fraud by you at any time as it relates to this Coverage Form. It is also void if you or any other "insured ", at any time, intentionally conceal cc misrepresent a material fact concerning: a. This Coverage Form; b. The covered "auto' c. Your interest in the covered "auto "; or d. A claim under this Coverage Form, 3. LIBERALIZATION If we revise this Coverage Form to provide more coverage without additional premium charge, your policy will automatically provide the additional coverage as of the day the revision is effective in your state. 4. NO BENEFIT TO BAILEE - PHYSICAL DAMAGE COVERAGES We will not recognize any assignment or grant any coverage for the benefit of any person or organization holding, storing or transporting property for a fee regardless of any other provision of this Coverage Form. 5. OTHER INSURANCE a. For any covered "auto" you own, this Coverage Form provides primary insurance. For any covered "auto" you don't own, the insurance provided by this Coverage Form is excess over any other collectible insurance. However, while a covered "auto" which is a "trailer" is connected to another vehicle, the Liability Coverage this Coverage Form provides for the " trailer" is: (1) Excess while it is connected to a motor vehicle you do not own. (2) Primary while it is connected to a covered "auto" you own. Id. For Hired Auto Physical Damage coverage, any covered "auto" you lease, hire, rent or borrow is deemed to be a covered "auto" you own. However, any "auto" that is ieased, hired, rented or borrowed with a driver is not a covered" auto ". Page 8 of 11 Copyright, Insurance Services Office, Inc., 1993 CA 00 01 12 93 A. A C. 7 c. Regardless of the provisions of paragraph a. above, this Coverage Form's Liability Coverage is primary for any liability assumed under an "insured contract ". d. When this Coverage Form and any other Coverage Form or policy covers on the same basis, either excess or primary, we will pay only our share. Our share is the proportion that the Limit of Insurance of our Coverage Form bears to the total of the limits of all the Coverage Forms and policies covering on the same basis. 6. PREMIUM AUDIT a. The estimated premium for this Coverage Form is based on the exposure you told us you would have when this policy began. We will compute the final premium due when we determine your actual exposures. The estimated total premium will be credited against the final premium due and the first Named Insured will be billed for the balance, if any. If the estimated total premium exceeds the final premium due, the first Named Insured will get a refund. b. If this policy is issued for more than one year, the premium for this Coverage Form will be computed annually based on our rates or premiums in effect at the beginning of each year of the policy. 0 7. POLICY PERIOD, COVERAGE TERRITORY Under this Coverage Form, we cover "accidents" and "losses" occurring: a. During the policy period shown in the Declarations; and b. Within the coverage territory. The coverage territory is: a. The United States of America; b. The territories and possessions of the United States of America; c. Puerto Rico; and d. Canada. We also cover "loss" to, or "accidents" involving, a covered "auto" while being transported between any of these places. 8. TWO OR MORE COVERAGE FORMS OR POLICIES ISSUED BY US If this Coverage Form and any other Coverage Form or policy issued to you by us or any company affiliated with us apply to the same "accident ", the aggregate maximum Limit of Insurance under all the Coverage Forms or policies shall not exceed the highest applicable Limit of Insurance under any one Coverage Form or policy. This condition does not apply to any Coverage Form or policy issued by us or an affiliated company specifically to apply as excess insurance over this Coverage Form. SECTION V - DEFINITIONS "Accident" includes continuous or repeated exposure to the same conditions resulting in "bodily injury" or "property damage ". "Auto" means a land motor vehicle, trailer or semitrailer designed for travel on public roads but does not include "mobile equipment ". "Bodily injury" means bodily injury, sickness or disease sustained by a person including death resulting from any of these. "Covered pollution cost or expense" means any cost or expense arising out of: 1. Any request, demand or order; or 2. Any claim or "suit" by or on behalf of a governmental authority demanding that the "insured" or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of "pollutants ". "Covered pollution cost or expense" does not include any cost or expense arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of "pollutants ": a. That are, or that are contained in any property that is: (1) Being transported or towed by, handled, or handled for movement into, onto or from the covered "auto'; (2) Otherwise in the course of transit by or on behalf of the "insured "; (3) Being stored, disposed of, treated or processed in or upon the covered "auto ": or b. Before the "pollutants" or any property in which the "pollutants" are contained are moved from the place where they are accepted by the "insured" for movement into or onto the covered "auto "; or CA 00 01 12 93 Copyright, Insurance Services Office, Inc., 1993 Page 9 of 11 n u c. After the "pollutants" or any property in which the "pollutants" are contained are moved from the covered "auto" to the place where they are finally delivered, disposed of or abandoned by the "insured ". Paragraph a. above does not apply to fuels, lubricants, fluids, exhaust gases or other similar "pollutants" that are needed for or result from the normal electrical, hydraulic or mechanical functioning of the covered "auto" or its parts, if: (1) The "pollutants" escape, seep, migrate, or are discharged, dispersed or released directly from an "auto" part designed by its manufacturer to hold, store, receive or dispose of such "pollutants "; and (2) The "bodily injury", "property damage" or "covered pollution cost or expense" does not arise out of the operation of any equipment listed in paragraphs 6.b. or 6.c. of the definition of "mobile equipment ". Paragraphs b. and c. above do not apply to "accidents" that occur away from premises owned by or rented to an "insured" with respect to "pollutants" not in or upon a covered "auto" if: (1) The "pollutants" or any property in which the "pollutants" are contained are upset, overturned or damaged as a result of the maintenance or use of a covered "auto ": and (2) The discharge, dispersal, seepage, migration, release or escape of the "pollutants" is caused directly by such upset, overturn or damage. E. "Insured" means any person or organization qualifying as an insured in the Who Is An Insured provision of the applicable coverage. Except with respect to the Limit of Insurance, the coverage afforded applies separately to each insured who is seeking coverage or against whom a claim or "suit" is brought. F. "Insured contract" means: 1. A lease of premises; 11 4. An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality; 5. That part of any other contract or agreement pertaining to your business (including an indemnification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another to pay for "bodily injury" or "property damage" to a third party or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement; 6. That part of any contract or agreement entered into, as part of your business, pertaining to the rental or lease, by you or any of your employees, of any "auto ". However, such contract or agreement shall not be considered an "insured contract" to the extent that it obligates you or any of your employees to pay for "property damage" to any "auto" rented or leased by you or any of your employees. An "insured contract" does not include that part of any contract or agreement: a. That indemnifies any person or organization for "bodily injury" or "property damage" arising out of construction or demolition operations, within 50 feet of any railroad property and affecting any railroad bridge or trestle, tracks, roadbeds, tunnel, underpass or crossing; or b, That pertains to the loan, lease or rental of an "auto" to you or any of your employees if the "auto" is loaned, leased or rented with a driver; or c. That holds a person or organization engaged in the business of transporting property by "auto" for hire harmless for your use of a covered "auto" over a route or territory that person or organization is authorized to serve by public authority. G. "Loss" means direct and accidental loss or damage. H. "Mobile equipment" means any of the following types of land vehicles, including any attached machinery or equipment: 2. A sidetrack agreement; 1. Bulldozers, farm machinery, forklifts and other 3. Any easement or license agreement, except in vehicles designed for use principally off public roads; connection with construction or demolition operations on or within 50 feet of a railroad; Page 10 of 11 Copyright, Insurance Services Office, Inc., 1993 CA 00 011 12 93 0 2. Vehicles maintained for use solely on or next to premises you own or rent; 3. Vehicles that travel on crawler treads; 4. Vehicles, whether self - propelled or not, maintained primarily to provide mobility to permanently mounted: a. Power cranes, shovels, loaders, diggers or drills; or b. Road construction or resurfacing equipment such as graders, scrapers or rollers. 5. Vehicles not described in paragraphs 1., 2., 3„ or 4. above that are not self - propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types. a. Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment; or b. Cherry pickers and similar devices used to raise or lower workers. 6. Vehicles not described in paragraphs 1., 2., 3. or 4. above maintained primarily for purposes other than the transportation of persons or cargo. However, self- propelled vehicles with the following types of permanently attached equipment are not "mobile equipment' but will be considered "autos ": a. Equipment designed primarily for: (1) Snow removal; (2) Road maintenance, but not construction or resurfacing; or (3) Street cleaning; 0 b. Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers; and c. Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting or well servicing equipment. I. 'Pollutants" means any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste. Waste includes materials to be recycled, reconditioned or reclaimed. J. 'Property damage" means damage to or loss of use of tangible property. K. "Suit' means a civil proceeding in which: 1. Damages because of "bodily injury" or "property damage "; or 2. A "covered pollution cost or expense ", to which this insurance applies, are alleged. "Suit" includes: a. An arbitration proceeding in which such damages or 'covered pollution costs or expenses" are claimed and to which the "insured" must submit or does submit with our consent; or b. Any other alternative dispute resolution proceeding in which such damages or "covered pollution costs or expenses" are claimed and to which the insured submits with our consent. L. 'Trailer" includes semitrailer. CA 00 01 12 93 Copyright, Insurance Services Office, Inc., 1993 Page 11 of 11 Ca l CU 600 City Parkway West, Suite 600 Orange, CA 92868 -2947 Ph: (714) 937-1824 Px: (714) 634-1328 Lot. No. OB29307 April 25, 2003 City of Newport Beach 3300 Newport Blvd. P.O. Box 1768 Newport Beach, CA 92658 -8915 RE: All American Asphalt This letter serves as the addendum to the certificate of insurance issued on behalf of our client, All American Asphalt, dated 4/25/03. In regards to the workers' compensation carrier, the insurer's policy payment obligations are backed by a cut - through to National Indemnity Company, an A ++ rated Berkshire Hathaway subsidiary. As National Indemnity is rated A ++ by A.M. Best, this will satisfy the requirements of the carrier rating as per the contract. RPR. 4.2903 11 :33RM Kemper. EAGLE INSURANCE 7144006210 NATIONAL INDEMNITY COMPANY Insurance Policy (the "Policy ") to which this notice applies: Insurer (the "Company "): Eagle Pacific Insurance Company Policy Inception Date: 0110112003 Policy No.: 18030246$ Named Insured (the "Insured "): All American Asphalt (A Corp) The Notice Inception Date is 12/23/02 0 N0.066 P.2i3 For value received, National Indemnity Company (hereinafter referred to as "National Indemnity ") agrees that in the event the Company does not pay amounts otherwise payable under the Policy as a result of a court of competent jurisdiction or the state insurance regulatory authority in the Company's domiciliary state ( "insurance regulatory authority") issuing an order finding such Company to be insolvent or entering an order to the Company which legally prohibits the Company from paying Policy amounts otherwise payable because of the Company's financial condition, then National Indemnity will pay on behalf of the Company 100% of any amount payable by the Company under the Policy that has not been previously paid by the Company, subject always to the other terms, conditions, exclusions and limitations of the Policy. National Indemnity will make such payment directly to the Insured (or to its mortgagees, assignees or loss payees, as their interests may appear) in the event of first -party coverages, or directly to the claimant or claimants to whom the Insured is legally liable in the avant of third -party coverages. As a condition of National Indemnity's payment obligation, the Insured, after receiving actual notice of the receivership or insolvency of the Company, shall provide prompt written notice to National Indemnity, attention: Kemper Cut- Through, at its statutory Home Office as on record with the National Association of Insurance Commissioners, of any claim or suit for which National Indemnity may be liable by reason of this agreement herein. As a condition precedent to payment hereunder, National Indemnity shall be deemed to have all the rights of the Company and be subrogated to all the rights of the Insured to the extent of such payment. In the case of third -party liability coverages, payment shall be due hereunder only after any one of the following three conditions is met: (1) the claimant obtains a judgment against the Insured or the Company after actual trial by a court of competent jurisdiction; or (2) the claimant enters into a settlement with the Insured or the Company approved by National Indemnity; or (3) the claimant enters Into a settlement with the Insured or the Company approved by the Company prior to It being declared insolvent or prohibited from paying amounts due under the Policy. None of these conditions shall apply to first -party coverages, including but not limited to any state workers' compensation or similar federal compensation coverages that may be provided by the Policy. IL 80 39 (Ed. 12 02) Page 1 of 2 Printed in U.S.A. APR. 4.2003 11 :33RM EAGLE INSURANCE 7144e06210 N0.066 P.3i3 Upon the Company being &red insolvent or being legally prohibited t• paying Policy amounts otherwise payable because of the Company's financial condloon by a court of competent jurisdiction or insurance regulatory authority or upon any insurance regulator assuming any control over the Company's claims handling process, National Indemnity has the right, but not the duty, to assume any obligation the Company may have to provide a defense to the Insured, if such an obligation is created by the Policy. if National Indemnity does not assume such obligation, it will reimburse the Insured for the reasonable cost of such defense to the extent that the Company would have been obliged to pay such cost under its obligation to defend. National Indemnity and the Insured will cooperate in the selection of defense counsel at the commencement of litigation. Nothing herein shall make National Indemnity the insurer under the Policy. National Indemnity's obligation hereunder is limited to the Company's obligations under the Policy and shall not include any payment arising under claims of bad Faith, extra contractual obligations or payments In excess of policy limits. In the event the Notice Inception Date is later than the Policy Inception Date, then this Notice does not apply to any damages, offense or loss of any nature for which coverage is otherwise provided under the Policy if such damages, offense or loss "commences" in whole or in part prior to the Notice Inception Date, even if such damages, offense or loss continues, is alleged to continue, or is deemed to continue on or after the Notice Inception Date. For the purposes of this Notice only, "commences" shall mean: (1) first occurs, is alleged to first occur or is deemed to first occur; or (ii) incepts, is alleged to incept or is deemed to incept; or (iii) first manifests, is alleged to have first manifested, or is deemed to have first manifested. "Commence" is the earliest point in time of (1), (ii) or (iii). National Indemnity has no ifabffity to make payments or reimburse any person for payments if the payments were incurred in connection with or were in any way related to such excluded damages, offense or loss. NATIONAL INDEMNITY COMPANY President EAGLE PACIFIC INSURANCE COMPANY Chief Executive Officer IL 80 39 (Ed. 12 02) Page 2 of 2 Printed In U.S.A. WORKERS COMPENSATION AND EMFLUYLKU LIAMILt I r INQUMMINVG rw w r 0 - • Ira. 4-0'+) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT— CALIFORNIA We have the right to recover our payments from anyone liable for an Injury covered by this policy. We Will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from US.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 5 % of the California workers' compensatlon premium otherwise due on such remuneration. Person or Organization WHERE REQUIRED BY WRITTEN CONTRACT, Schedule Job Description PROVIDED THE CONTRACT IS SIGNED AND The City of Newport Beach, its officers, DATED PRIOR TO THE DATE OF LOSS TO. WHICH officials, employees and volunteers THIS WAIVER APPLIES. IN NO INSTANCE SHALL 3300 Newport Blvd THE PROVISIONS AFFORDED BY THIS ENDORSEMENT P.O. Box 1768 BENEFIT ANY COMPANY OPERATING AIRCRAFT FOR HIRE. Newport Beach, Ca 92658 -8915 Project Jamboree Road Rehabilitation Project from Bison Ave. to University Dr.; STPL 5151 -017 This endorsement changes the policy to which It is attached and Is effective on the date issued unless otherwise stated. (The information below Is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 6/8/02 Policy No. 4SO200304 Insured All American Asphalt (A Corp) Insurance Company Pacific Eagle Insurance Company Countersigned By WC 04 03 06 (Ed. 4 -84) 01998 by the Workers' compensation Insurance Rating Bureau or Callromis. AN rights reserved. Endorsement No. 5 Polley Effective Date 618/02 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL JAMBOREE ROAD REHABILITATION PROJECT FROM BISON AVENUE TO UNIVERSITY DRIVE CONTRACT NO. C -3525 (STPL -5151- 017) To the Honorable City Council City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92663 Gentlemen: The undersigned declares that he has carefully examined the location of the work, has read the Instructions to 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. C -3525 in accordance with the Plans and Special Provisions, and will take in full payment therefore the following unit prices for the work, complete in place, to wit: ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE Lump Sum Mobilization Tµ 6z -'47 )C'V'C @ Dollars and Zcrt o Cents Per Lump Sum Lump Sum Traffic Control Dollars 7.�and -Z�k2-0 Cents Per Lump Sum 3. 2 EA Construction Advisory Sign @ F,d F/vn -d/r -d Dollars and ze-pZc> Cents Per Each jZ ZY�i z` $ 3ZZ�/ r> 0 • PR2of5 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 4. Lump Sum Surveying Services se ��V @ Dollars and .?eizo Cents Per Lump Sum 5. 4,100 S.F. Median Removal @ Dollars and 5 %X+ + l Cents Per Squa e Foot 6. 320,000 S.F. Cold Mill Existing AC Pavement @ NZ Dollars and S, X Cents Per Square Foot 7. 15,000 S.F. Roadway Over Excavation and Backfill @ Dollars and Cents Per Square Foot 8. 350 C.Y. Miscellaneous Median and Curb and Gutter Backfill @ i fJ it S-C i,e rv' Dollars and Cents Per Cubic Yard 9. 2,500 TN Construct Minimum 1 -Inch Thick AC Leveling Course @ X Dollars and Cents Per Ton an $ -7755 %['% $ 5 $ O L�3cl $ Z_Lky % • • PR3of5 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 10. 5,300 TN Construct Minimum 2 -Inch Thick ARHM Surface Course 11 12 13. 14. 15 @ Dollars and 00 00 ze Lo Cents $ - Per Ton 430 L.F. Remove Existing and Construct Variable Height PCC Curb and Gutter (Type A) @ iw'e nv lV r4�e Dollars ec� and nc� Cents $ z!5 Per Linear Foot 5,500 L.F. Remove Existing and Construct Variable Height PCC Curb (Type B) @ F���e� ��� Dollars and Zf .cr' Cents Per Linear Foot 12 L.F. Construct Variable Height PCC Curb at New Median Curb Inlet @ Dollars and Cents Per Linear Foot Lump Sum Construct 6 -Inch Thick PCC Apron $ $ � $ ✓S� uc� @ Dollars and �� n Cents L/ Or _ $ LFco - Per Lump Sum Lump Sum Construct Curb Inlet (Type OS) @ f,(4 N ✓wdreel Dollars and 2p-a -0 Cents Per Lump Sum • • PR4of5 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 16. 17 fl 19 Lump Sum Construct Curb Inlet Local Depression @ Ct�j &,7oc ,)4D Dollars and �2t? Cents $ Per Lump Sum 50 L.F. Install 18 -Inch Diameter RCP @ gs and �./ Cents $ 175 $ S �C Per Linear Foot Lump Sum Construct P.C.C. Storm Drain Junction Structure rOL)P 'lVIOL7 r AUVJ"� @ Fire xk^e /rely Dollars and 70-4v Cents Per Lump Sum y5c"r CIC, $ 45c,r- 8,650 S.F. Construct 4 -Inch Thick Integrally Colored dian Stamped Concrete @ Dollars � , and �O V Z i✓ Cents $ J!` Per Square F of 20. 8 EA Reconstruct/Adjust Manhole Frame and Cover to Grade @ ,.N ✓r(;.t�i Dollars and Cents Per Each 21, 17 EA Reconstruct/Adjust Water Valve Frame and Cover to Grade i�•�ce ilvavLY•`rt'1 @ ✓{,.✓ Dollars and Cents Per Each e••�7 $ `ILri $ • • PR 5R of 5 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 22. Lumn Sum Reconstruct Existing Catch Basin to Match Top of New Median Curb —Dollars g rC ,U✓A-Q /r{'Dollars _Cents /�7rC %�� $ �. Per Lump Sum 23 52 EA Replace Traffic Detector Loop rte. AV,,�rtd C S�v -ek4ii iLee sonars and �e 4-6 Cents $ ! 7 � —7S o $ ! - � Per Each _U 24 Lump Sum Install Pavement Striping, Markings and Markers /'lj %;''PfrJ �G ✓Sr►wrQ C _ _Dollars and Cents Per Lump Sum 25 Lump Sum As -Built Plans and DBE Certification Form Case NV14r1&4 Dcliars and 0C> Ze PC) Cents Per Lump Sum 26 10 EA Reconstruct PCC Curb Access Ramp r s dL* C< ,-Dollars �— and on C, Cents $ 115(?= $ Per Each T01 AL PRICE IN WRITTEN WORDS c ' and Z(n PC i Cents Date n Bidders Telephone andf Fax Numbers Bidder's License No(s). and Classification(s) LO-) Z- ,>X_/*.7/�'drf_[1,.�i DGllurs Total P,ice (,Figures) ALL AMERICAN ASPHALT Bidder Bidder's Authcr�zeJ Signature itle Bidders Address 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT ADDENDUM NO. 1 JAMBOREE ROAD REHABILITATION PROJECT FROM BISON AVENUE TO UNIVERSITY DRIVE CONTRACT NO. 3373 DATE: March 31, 2003 BY: William Patapoff City Engineer TO: ALLPLANHOLDERS Page 1 of 1 CFlannes ;effected by this Addendum Prevailing Wage Rates The prevailing wage rates have been updated. By signing this Addendum, the Bidder certified that he /sha has reviewed and is aware of the updated wage rates and has included the cost of the Current wage rates in the unit prices bid A copy of the most current wage rates can bs downloaded and printed from the following website htlo:L/wtiLjv.gpo.gov/daL\isbaoQn/ca.htrnI Proposal — Add Bid Item No. 26: Reconstruct PCC Curb Access Ramp Replace page PR 5 of 5 of Proposal with the attached page PR 5R of 5. 3 Section 9-3.1 Payment - General — Add Bid Item No. 26: Reconstruct PCC Curb Access Ramp Replace page SP 14 of 19 of the Special Provisions with the attached page SP 14R of 1� Bidders must sign this Addendum N0, 1 and attach it to the bid proposal. No bid will be considered unless this signed Addendum No„ 1 is attached. I have carefully examined this Addendum and have included full payment in my Proposal.. ALL AMERICAN ASPHALT Bidder's Name (Please Print) Date Authorized Signature &Title SP14ROF19 Item No. 18 Construct PCC Storm Drain Junction Structure: Work under this item shall include the construction of P.C.C. junction structure including, but no-, limited to, pavement removal, exposing utilities in advance of work, excavation, temporary patching or plating, control of ground and surface water, backfill, compaction, disposal of excess excavated materials, installaton of base, shaft, grade rings, manhole frames and covers, connect.ons to existing facilities, removal, abandonment or protection of interfering portions of existing utilities or improvements, ; emporary and permanent support of utilities, and as other work necessary to co istruct the P.C. C junction structure complete and in place. Item No. 19 Construct 4 -Inch Thick Integrally Colored Median Stamped Concrete: Work under this item shall include all work and costs required to prepare and compact the existing work site subgrade to receive the new stamped concrete, cocstruct 4" (hick cclored stamped concrete, install No 4 dowels and expansion joints at 50' interval-,, and construct the work as detailed on plans.. Item No. 20 Reconstruct/Adjust Manhole Frame and Cover to Grade: Work ,antler this item shall include all work and costs required to reconstruct or adjust the manhoie frame and cover to trade as shown on :he Plans Item No. 21 Reconstruct/Adjust Water Valve Frame and Cover to Grade: Work under this item shall include all work and costs required to reconstruct or adjust the water valve frame and cover to grade as shown on the Plans. Item No. 22 Reconstruct Existing Catch Basin to Match Top of New Median Curb: Work under this item shall include all work and cost required to reconstruct -he top portion of the existing catch basin to match the top of new median curb, complete and in place Item No. 23 Replace Traffic Detector Loopa Work under this item shall include all labor and material to install and connect into existing termination pull box and all other wcrk as requires to complete the work shown on the plans and these Spe(-Aficaticns. The Contractor shall notify the Engineer of deactivation of any existing loops one week prior 'c start of any work Item No. 24 Install Pavement Striping, Markings, and Markers: Work under this item shall include temporary and permanent striping, thermoplastic traffic and parking striping, pavement, pavement markers, curb painting (red curb shall be TMT Pathway Foundry Red), and all work necessary to install traffic s;nping complete and in place per the plans. Item No. 25 As -Built Plans and DBE Certification Form: The `As- BL10t" correcl or,s and the completed DBE Certification Form shall be submitted to and approved by the Engineer within six (6) weeks of the placement of permanent pavement striping Item No. 26 Reconstruct PCC Curb Access Ramp: Work under this tem shall Induce the removal and disposal of existing interfering improvements; protect in place existing odjacei)t private irrigation system; subgrade compaction; cons,ruct 4" thick PCC ramp, depressed gutter, 4 -inch wide and variable height retaining curb, and 1 -foot wide by F. -inch deep AC patchback adjacent to the ramp; adjust City pull boxes and covers to grade; re -wire within pull box and undergro.ind wirings as needed; make curb face utility markings' and complete all other ncidenta' work items as required to complete the work in place 0 0 1 1 1 1 2 2 2 2 2 3 3 4 4 5 5 5 5 5 5 5 5 6 6 6 PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS JAMBOREE ROAD REHABILITATION PROJECT FROM BISON AVENUE TO UNIVERSITY DRIVE CONTRACT NO. C -3525 (STPL- 5151 -017) INTRODUCTION PART 1 - -- GENERAL PROVISIONS SECTION 2 SCOPE AND CONTROL OF THE WORK 2 -6 WORK TO BE DONE 2 -9 SURVEYING 2 -9.3 Survey Service 2 -9.6 Survey Monuments 2 -12 FEDERAL REQUIREMENTS 2 -12.5 Award and Execution of Contract 2 -12.6 Labor Nondiscrimination 2 -12.7 Prevailing Wage 2 -12.8 Subcontractor and DBE Records 2 -12.9 DBE Certification Status 2- 12.10. Performance of DBE Subcontractors and Suppliers 2 -12.11 Subcontracting SECTION 3 CHANGES IN WORK 3 -3 EXTRA WORK 3 -3.2 Payment 3 -3.2.3 Markup SECTION 4 CONTROL OF MATERIALS 4 -1 MATERIALS AND WORKMANSHIP 4 -1.3 Inspection Requirements 4 -1.3.4 Inspection and Testing SECTION 5 UTILITIES 5 -2 PROTECTION 5 -7 ADJUSTMENTS TO GRADE 1 1 1 1 2 2 2 2 2 3 3 4 4 5 5 5 5 5 5 5 5 6 6 6 0 5 -8 SALVAGED MATERIALS 6 SECTION 6 PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6 6 -1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF THE WORK 6 6 -7 TIME OF COMPLETION 7 6 -7.1 General 7 6 -7.2 Working Days 7 6 -7.4 Working Hours 7 6 -9 LIQUIDATED DAMAGES 7 SECTION 7 RESPONSIBILITIES OF THE CONTRACTOR 8 7 -7 COOPERATION AND COLLATERAL WORK 8 7 -8 PROJECT SITE MAINTENANCE 8 7 -8.1 Cleanup and Dust Control 8 7 -8.5 Temporary Light, Power and Water 8 7 -8.6 Water Pollution Control 8 7 -8.8 Steel Plates 8 7 -10 PUBLIC CONVENIENCE AND SAFETY 8 7 -10.1 Traffic and Access 8 7 -10.2 Storage of Equipment and Materials in Public Streets 8 7 -10.3 Street Closures, Detours, Barricades 9 7 -10.4 Public Safety 9 7- 10.4.1 Safety Orders 9 7 -10.5 "No Parking" Signs 9 7 -10.7 Notice to Nearby Establishments and Residents 10 7 -15 CONTRACTOR LICENSES 10 7 -16 CONTRACTOR'S RECORDS /AS BUILT DRAWINGS 10 SECTION 9 MEASUREMENT AND PAYMENT 11 9 -1 MEASUREMENT OF QUANTITIES FOR UNIT PRICE WORK 11 9 -3 PAYMENT 11 9 -3.1 General 11 9 -3.2 Partial and Final Payment 14 PART 2 - -- CONSTRUCTION MATERIALS SECTION 201 CONCRETE, MORTAR, AND RELATER MATERIALS 14 201 -1 PORTLAND CEMENT CONCRETE 14 201 -1.2 Concrete Specified by Class 14 201 -2 REINFORCEMENT FOR CONCRETE 14 201 -2.2.1 Reinforcing Steel 14 201 -5.1 CEMENT MORTAR 14 201 -5.1 General 14 SECTION 207 PIPE 15 207 -2 REINFORCED CONCRETE PIPE (RCP) 15 207 -2.1 General 15 207 -2.5 Joints 15 SECTION 214 PAVEMENT MARKERS 15 214 -4 NONREFLECTIVE PAVEMENT MARKERS 15 214 -5 REFLECTIVE PAVEMENT MARKERS 15 SECTION 216 CONSTRUCTION ADVISORY SIGN 15 216 -1 GENERAL 15 PART 3 - -- CONSTRUCTION METHODS SECTION 300 EARTHWORK 15 300 -1 CLEARING AND GRUBBING 15 300 -1.3 Removal and Disposal of Materials 15 300 -1.3.1 General 15 300 -1.3.2 Requirements 16 300 -1.5 Solid Waste Diversion 16 SECTION 302 ROADWAY SURFACING 16 302 -5 ASPHALT CONCRETE PAVEMENT 16 302 -5.1 General 16 302 -5.4 Tack Coat 16 SECTION 303 CONCRETE AND MASONRY CONSTRUCTION 16 0 0 303 -5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 16 303 -5.5.2 Curb 16 303 -5.5.3 Stamped Concrete 17 SECTION 307 STREET LIGHTING AND TRAFFIC SIGNALS 17 307 -4 TRAFFIC SIGNAL CONSTRUCTION 17 307 -4.9.3 Inductive Loops 17 SECTION 310 PAINTING 17 310 -5 PAINTING VARIOUS SURFACES 17 310 -5.6 Painting Traffic Striping, Pavement Markings, and Curb 18 Markings 17 310 -5.6.7 Layout, Alignment and Spotting 17 310 -5.6.8 Application of Paint 17 SECTION 312 PAVEMENT MARKER PLACEMENT AND REMOVAL 18 312 -1 PLACEMENT 18 ..z SECTION 600 MODIFIED ASPHALTS, PAVEMENTS AND PROCESSES 18 600 -2 CRUMB RUBBER MODIFIED (CRM) BINDERS AND PAVEMENT- WET PROCESS 18 600 -2.1 Asphalt Rubber 18 600 -2.1.1 General 18 600 -2.6 Asphalt Rubber Hot Mix Gap- Graded 18 600 -2.6.3 Rolling 18 L • SP 1 OF 19 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS JAMBOREE ROAD REHABILITATION PROJECT CONTRACT NO. C -3525 (STPL -5151- 017) INTRODUCTION All work necessary for the completion of this contract shall be done in accordance with (1) these Special Provisions; (2) the Plans (Drawing No. R- 5813 -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, and (5) the current edition of the State of California Department of Transportation (Caltrans) Standards. Copies of the Standard Special Provisions and Standard Drawings may be purchased at the Public Works Department. Copies of the Standard Specifications may be purchased from Building News, Inc., 1612 South Clementine Street, Anaheim, CA 92802, 714 -517- 0970. The following Special Provisions supplement or modify the Standard Specifications for Public Works Construction as referenced and stated hereinafter: PART 1 GENERAL PROVISIONS SECTION 2-- -SCOPE AND CONTROL OF THE WORK 2 -6 WORK TO BE DONE. Add to this section: "The work necessary for the completion of this contract consists of mobilization; traffic control; the distribution of construction notifications; survey services; curb and gutter and colored median stamped concrete reconstruction; asphalt concrete roadway cold mill and overlay; construct storm drain lateral and related components, and complete all other items of work as shown on the Plans. 2 -9 SURVEYING 2 -9.3 Survey Service. Add to this section: "The Contractor's California Licensed Land Surveyor or Civil Engineer shall utilize /follow the existing City survey records used for the project design to provide all construction survey services that are required to 0 • SP 2 OF 19 construct the improvements. The filing of a Corner Record and /or a Record of Survey with the County Surveyor's Office is required after the Work completion. All existing street centerline ties and property corner monuments are to be preserved. The Contractor shall be responsible for the cost of restoring all survey ties and /or monuments damaged by the Work." 2 -9.6 Survey Monuments. The Contractor shall, prior to the beginning of work, inspect the project for existing survey monuments and protect them during construction operations. In the event that existing survey monuments are removed or otherwise disturbed during the course of work, the Contractor shall have the affected survey monuments restored per records, at his expense. The Contractor's Surveyor shall also file the required Corner Records with the County of Orange Surveyor's Office upon monument restoration. 2 -12 FEDERAL REQUIREMENTS 2 -12.5 AWARD AND EXECUTION OF CONTRACT The Bidder's attention is directed to the provisions in Section 3, "Award and Execution of Contract," of the Standard Specifications and these Special Provisions for the requirements and conditions concerning award and execution of contract. The award of the contract, if it be awarded, will be to the lowest responsible bidder whose proposal complies with all the requirements prescribed and who has met the goal for DBE participation or has demonstrated, to the satisfaction of the City, adequate good faith efforts to do so. Meeting the goal for DBE participation or demonstrating to the satisfaction of the City, adequate good faith efforts to do so is a condition for being eligible for award of contract. 2 -12.6 LABOR 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- 1.01A(4), "Labor Discrimination," of the Standard Specifications, which is applicable to all nonexempt state contracts and subcontracts, and to the "Standard California Nondiscrimination Construction Contract Specifications" set forth therein. The Specifications are applicable to all nonexempt state construction contracts and subcontracts of $5,000 or more. 2 -12.7 PREVAILING WAGE Attention is directed to Section 7- 1.01A(2), "Prevailing Wage," of the Caltrans Standard Specifications. 0 • SP 3 OF 19 The general prevailing wage rates determined by the Director of Industrial Relations, for the county in which the work is to be done, are attached and are available at the Public Works Department. Updates to the general prevailing wage rates are available at web site: http: / /www.gpo.gov /davisbacon /ca.html. 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 forty -five (45) days from the date of construction completion. The amount of $10,000 will be withheld from payment until the Form CEM -2402 (F) is submitted. The amount will be returned to the Contractor when a satisfactory Form CEM -2402 (F) is submitted. Prior to the fifteenth of each month, the Contractor shall submit documentation to the Engineer showing the amount paid to DBE trucking companies listed in the Contractor's DBE information. This monthly documentation shall indicate the portion of the revenue paid to DBE trucking companies which is claimed toward DBE participation. The Contractor shall also obtain and submit documentation to the Engineer showing the amount paid by DBE trucking companies to all firms, including owner - operators, for the leasing of trucks. The DBE who leases trucks from a non -DBE is entitled to credit only for the fee or commission it receives as a result of the lease arrangement. The records must confirm that the amount of credit claimed toward DBE participation conforms with Section 2 -1.02. The Contractor shall also obtain and submit documentation to the Engineer showing the truck number, owner's name, California Highway Patrol CA number, and if applicable, the DBE certification number of the owner of the truck for all trucks used during that month for which DBE participation will be claimed. This documentation shall be submitted on Form CEM -2404 (F). 2 -12.9 DBE CERTIFICATION STATUS If a DBE subcontractor is decertified during the life of the project, the decertified subcontractor shall notify the Contractor in writing with the date of decertification. If a subcontractor becomes a certified DBE during the life of the project, the • SP 4 OF 19 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- 1.026, "Submission of DBE Information," and Section 3, "Award and Execution of Contract," of these special provisions, which are determined by the City to be certified DBEs, shall perform the work and supply the materials for which they are listed, unless the Contractor has received prior written authorization to perform the work with other forces or to obtain the materials from other sources. Authorization to utilize other forces or sources of materials may be requested for the following reasons: A. The listed DBE, after having had a reasonable opportunity to do so, fails or refuses to execute a written contract, when such written contract, based upon the general terms, conditions, plans and specifications for the project, or on the terms of such subcontractor's or supplier's written bid, is presented by the Contractor. B. The listed DBE becomes bankrupt or insolvent. C. The listed DBE fails or refuses to perform his subcontract or furnish the listed materials. D. The Contractor stipulated that a bond was a condition of executing a subcontract and the listed DBE subcontractor fails or refuses to meet the bond requirements of the Contractor. E. The work performed by the listed subcontractor is substantially unsatisfactory and is not in substantial accordance with the plans and specifications, or the subcontractor is substantially delaying or disrupting the progress of the work. F. It would be in the best interest of the City. The Contractor shall not be entitled to any payment for such work or material unless it is performed or supplied by the listed DBE or by other forces (including those of the Contractor) pursuant to prior written authorization of the Engineer. 2 -12.11 SUBCONTRACTING Attention is directed to the provisions in Section 8 -1.01, "Subcontracting," and Section 2, "Proposal Requirements and Conditions," and Section 3, "Award and Execution of Contract," of the Caltrans Standard Specifications. Pursuant to the provisions in Section 1777.1 of the Labor Code, the Labor Commissioner publishes and distributes a list of contractors ineligible to perform work as a subcontractor on a public works project. This list of debarred contractors is available from the Department of Industrial Relations web site at http: / /www.dir.ca.gov. /dir /Labor law /SLSE /Debar.html. • • SP5OF19 The provisions in the third paragraph of Section 8 -1.01, "Subcontracting," of the Standard Specifications, that the Contractor shall perform with the Contractor's own organization contract work amounting to not less than 50 percent of the original contract price is not changed by the Federal Aid requirement specified under "Required Contract Provisions Federal -Aid Construction Contracts" in Section 14 of these special provisions that the Contractor perform not less than 30 percent of the original work with the Contractor's own organization Each subcontract and any lower tier subcontract that may in turn be shall include the "Required Contract Provisions Federal -Aid Construction Contracts" in Section 14 of these special provisions. This requirement shall be enforced as follows: A. Noncompliance shall be corrected. Payment for subcontracted work involved will be withheld from progress payments due, or to become due, until correction is made. Failure to comply may result in termination of the contract. SECTION 3 - -- CHANGES IN WORK 3 -3 EXTRA WORK 3 -3.2 Payment 3 -3.2.3 Markup. Replace this section with, "(a) Work by Contractor. The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits: 1) Labor ............. ............................... 20 2) Materials ........ ............................... 15 3) Equipment Rental ........................... 15 4) Other Items and Expenditures ........... 15 To the sum of the costs and markups provided for in this subsection, 1 percent shall be added for compensation for bonding. (b) Work by Subcontractor. When all or any part of the extra work is performed by a Subcontractor, the markup established in 3- 3.2.3(a) shall be applied to the Subcontractor's actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor. 0 • SP6OF19 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 thorough 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 first -time testing as specified in the various sections of the Specifications. 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 re -tests and re- inspections shall be paid for by the Contractor. SECTION 5 - -- UTILITIES 5 -2 PROTECTION. Add the following: "In the event that an existing pull or meter box or cover is damaged by the work and is not re- useable, the Contractor shall provide and install a new pull or meter box or cover of identical type and size at no additional cost to the City." 5 -7 ADJUSTMENTS TO GRADE. The Contractor shall adjust to finish grade City - owned water meter boxes, water valve covers, manholes, and survey monuments. The Contractor shall coordinate the adjustment of Southern California Edison, The Gas Company, Pacific Bell and cable television facilities to the finish grade with the appropriate utility company. 5 -8 SALVAGED MATERIALS. The Contractor shall salvage all removed meter, valve box covers, and 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 Operations Manager, at (949) 718 -3402. SECTION 6 - -- PROSECUTION. PROGRESS AND ACCEPTANCE OF THE WORK 6 -1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Add to this section: "The time of completion as specified in Section 6 -7, shall commence on the date of the 'Notice to Proceed." 0 • SP 7 OF 19 No work shall begin until a "Notice to Proceed" has been issued, a pre- construction meeting has been conducted, and a schedule of work and the traffic control plan have been approved by the Engineer. The Contractor shall submit the construction schedule and the traffic control plan to the Engineer for approval a minimum of five working days prior to the pre- construction meeting. Such Schedule may be 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 construed as the basis for payment of extra work because additional personnel and /or equipment were required on the job." 6 -7 TIME OF COMPLETION 6 -7.1 General. Add to this section: "The Contractor shall complete all work under the Contract within 60 consecutive working days after the date on the Notice to Proceed. " It will be the Contractor's responsibility to ensure the availability of all material prior to the start of work. Unavailability of subcontractor will not be sufficient reason to grant the Contractor an extension of time for 100 percent completion of work." 6 -7.2 Working Days. Revise 3) to read: "any City holiday, defined as January 1 st, the third Monday in January (Martin Luther King Day), the third Monday in February (President's Day), the last Monday in May (Memorial Day), July 4th, the first Monday in September (Labor Day), November 11th (Veterans Day), the fourth Thursday in November (Thanksgiving), 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 AM to 3:30 PM Monday through Friday. Should the Contractor elect to work outside of normal working hours, he must first obtain special permission from the Engineer. The request may be for 4:30 PM to 6:30 PM on weekdays or 8:00 AM to 6 PM on Saturday only. A request for working during any of these hours must be made at least 72 hours in advance of the desired time period. A separate request must be made for each work shift. The Engineer reserves the right to deny any or all such requests. Additionally, the Contractor shall pay for supplemental inspection costs of $60.00 per hour when such time periods are approved. 0 • SP 8 OF 19 6 -9 LIQUIDATED DAMAGES. Revise sentence three to read: "For each consecutive calendar day after the time specified in Section 6 -7 -1 for completion of work, the Contractor shall pay to the City or have withheld from moneys due it, the daily sum of $500. 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, pre - planned, and continuous sequence so as to minimize inconvenience to the public as a result of the construction operations." SECTION 7 - -- RESPONSIBILITIES OF THE CONTRACTOR 7 -7 COOPERATION AND COLLATERAL WORK. Add to this section: "Although it is not anticipated for this project, but if needed, City forces will perform all shut downs of water facilities. The Contractor shall give the City seven calendar days notice of the time he desires the shut down of facilities to take place. A four -hour shut down of water facilities during the daytime hours of 10:00 AM to 2:00 PM will be allowed. The times and dates of any utility to be shut down must be coordinated with the City of Newport Beach Utilities Department." 7 -8 PROJECT SITE MAINTENANCE 7 -8.1 Cleanup and Dust Control. Add to this section: "The work site shall be cleaned and barricaded at the end of each day until the Work is completed." 7 -8.5 Temporary Light, Power and Water. Add to this section: "If the Contractor elects to use the City's water, he shall arrange for a meter and tender an $813 meter deposit with the City. Upon return of the meter to the City, the deposit will be returned to the Contractor, less a quantity charge for water usage and repair charges for damage to the meter. All water used during construction will be paid for by the Contractor. This includes water for flushing and pressure testing all lines." 7 -8.6 Water Pollution Control. Add to this section, "Surface runoff water, including all water used during sawcutting operations, containing mud, silt or other deleterious material due to the construction of this project shall be treated by filtration or retention in settling basin(s) sufficient to prevent such material from migrating into any nearby catch basins." • • SP9OF19 7 -8.8 Steel Plates. The City may be able to provide a limited quantity of steel plates for a rental charge of $15.00 per plate per week or part thereof. In addition, the Contractor shall deposit $100 for the use of the City's lifting eye fitting and for the use of trench plates. The Contractor shall obtain the plates from and return them 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 Operations Manager, Mr. Ed Burt, at (949) 718 -3402 to make arrangements. 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 accordance with this Section of the Specifications and the Work Area Traffic Control Handbook (WATCH)." 7 -10.2 Storage of Equipment and Materials in Public Streets. Delete the first paragraph and add the following: "Construction materials and equipment may only be stored within streets or sidewalk areas only if approved by the Engineer in advance. It is the Contractor's responsibility to obtain an area for the storage of equipment and materials. Prior to move -in, the Contractor shall take photos of the laydown area. The Contractor shall restore the laydown area to its pre- construction condition. The Engineer may require new base and pavement if the laydown area has been compromised during construction." 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 for each phase of work. The Contractor will be responsible for processing and obtaining approval of traffic control plans from the City's Traffic Engineer. All traffic control plans shall be prepared and signed by a California Licensed Traffic Engineer and conform to the provisions of the WORK AREA TRAFFIC CONTROL HANDBOOK (W.A.T.C.H), 2001 Edition. Such plans must comply with the following requirements: 1. Access to all side streets and driveways shall be maintained at all times. 2. Two traffic lanes in each travel direction shall be maintained at all times. 3. Emergency vehicle access shall be maintained at all times. 4. The locations and wording of all barricades, signs, delineators, lights, warning devices, parking restrictions, and any other required details shall assure that all pedestrian and vehicular traffic will be handled in a safe and efficient manner with minimum inconvenience to the public. 5. All advanced warning sign installations shall be reflectorized and /or lighted. Ll • SP 10 OF 19 6. The Contractor shall provide solar - powered arrowboards and uniformed flagpersons to direct traffic through the construction zone at all times. 7 -10.4 Public Safety 7- 10.4 -1 Safety Orders. Add to this section: "The Contractor shall be solely and completely responsible for the job -site conditions, including safety of all persons and property during performance of the work. The Contractor shall fully comply with all State, Federal and other laws, rules, regulations, and orders relating to the safety of the public and workers. The right of the Engineer or the City's Representative to conduct construction review or observation of the Contractor's performance shall not include review or observation of the adequacy of the Contractor's safety measures in, on, or near the construction site." 7 -10.5 "No Parking" Signs. The Contractor shall furnish, install, and maintain in place "NO PARKING -TOW AWAY" signs (even if streets have posted "NO PARKING" signs) which he shall post at least forty -eight hours in advance of the need for enforcement. In addition, it shall be the Contractor's responsibility to notify the City's Police Department, Parking Control Division at (949) 644 -3717, for verification of posting at least forty -eight hours in advance of the need for enforcement. The signs shall (1) be made of white card stock; (2) have minimum dimensions of 12- inches wide and 18- inches high; and (3) be similar in design and color to sign R -38 of the CalTrans Uniform Sign Chart. The Contractor shall print the hours and dates of parking restriction on the "NO PARKING -TOW AWAY" sign in 2 -inch high letters and numbers. A sample of the completed sign shall be reviewed and approved by the Engineer prior to posting. 7 -10.7 Notices to Nearby Establishments and Residents. Ten working days prior to starting work, the Contractor shall deliver a City construction notice to the nearby establishments and residents within 500 feet of the project, describing the project and indicating the limits of construction. Forty -eight hours before the start of any construction, the Contractor shall distribute to the adjacent establishments and residents a written City notice stating when construction operations will start, what disruptions may occur, and approximately when construction will be complete. An interruption of work at any location in excess of 14 calendar days shall require re- notification. 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 Contract Award and until the completion of work, the Contractor shall possess a General Engineering Contractor "A" • SP 11 OF 19 License. From the start of work and until work completion, the Contractor and all Sub- contractors shall possess a valid Business License issued by the City of Newport Beach Administrative Services Department. 7 -16 CONTRACTOR'S RECORDS /AS BUILT DRAWINGS. A stamped set of approved plans and specifications shall be on the job site at all times. In addition, the Contractor shall maintain "As- Built" drawings of all work as the job progresses. A separate set of drawings shall be maintained for this purpose. These drawings shall be up -to -date and submitted to the Engineer at the time each progress bill is submitted. 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 submitted to the Engineer prior to final payment or release of any bonds. The Contractor shall maintain books, records, and documents in accordance with generally accepted accounting principles and practices. These books, records, and documents shall be retained for at least three years after the date of completion of the project. During this time, the material shall be made available to the Engineer. Suitable facilities are to be provided for access, inspection, and copying of this material. SECTION 9 - -- MEASUREMENT AND PAYMENT 9 -1 MEASUREMENT OF QUANTITIES FOR UNIT PRICE WORK 9 -1.1 General. Add to this Section, "In case of conflicting method of measurement between the City's Standard Specifications and the Caltrans Standard, the City's Standard Specifications shall take precedence." 9 -3 PAYMENT 9 -3.1 General. Revise paragraph two to read: "The unit and lump sum prices bid for each item of work shown on the Proposal shall include full compensation for furnishing the labor, materials, tools, and equipment and doing all the work to complete the item of work in place and no other compensation will be allowed thereafter. Payment for incidental items of work not separately listed shall be included in the prices shown for the other related items of work. The following items of work pertain to the bid items included within the Proposal: Item No. 1 Mobilization: Work under this item shall include providing bonds, insurance and financing, establishing of equipment and materials, preparation of the SWPPP, preparation of the construction schedule, and all other related work as required by the Contract Documents. Item No. 2 Traffic Control: Work under this item shall include the delivery of all required notifications, posting and removal of signs, traffic control plans, the temporary • • SP 12 OF 19 installation and maintenance of signs, cones, barricades, flashing arrowboards, K- rails, and temporary striping, flag persons, and the costs of all labor, tools, equipment and materials necessary to comply with the W.A.T.C.H. and the City of Newport Beach Requirements. Item No. 3 Construction Advisory Sign: Work under this item shall include the fabrication, placement, maintenance and removal of one advisory sign for each travel direction placed at approximately 500' outside of the work limits on Jamboree Road. Item No. 4 Surveying Services: Work under this item shall include the cost of construction staking, preliminary grades, final grades, centerline ties, all horizontal alignment, survey monument adjustment, as -built field notes, filing of corner records, re- establishment of property corners disturbed by the work, and other survey items as required to complete the work in place. Item No. 5 Median Removal: Work under this item shall include all of the costs required to remove and dispose of all the existing improvements within the new new median limits that interfere with the work such as existing median curbs and gutters and stamped concrete, concrete, rock, asphalt concrete, aggregate base, turf, and other items that need to be disposed of prior to the construction of the new improvements. All removal areas that remain bare after the construction work has been completed shall be restored in -kind to match its existing surrounding improvements through the use of sods and /or other remedies approved by the Engineer. Item No. 6 Cold Mill Existing AC Pavement: Work under this item shall include the cold milling and disposal of the existing asphalt pavement to a depth of 3- inches below the proposed finished grade. The costs required for the removal and disposal of all existing pavement fabric materials installed by previous improvement projects that are exposed by this work shall be included in the unit price bid. Item No. 7 Roadway Over Excavation and Backfill: Work under this item shall include the excavation and removal of the existing pavement section to a depth of 8- inch below the cold milled pavement surface, drying operations, tack coat, deep lift AC backfill to the cold milled surface, compaction, and other items of work as required to complete the work in place. Item No. 8 Miscellaneous Median and Curb and Gutter Backfill: Work under this item shall include the backfill and compaction of native material as required prior to the placement of median stamped concrete and curb and gutter. All backfill shall be compacted to a minimum of 95% compaction. Item No. 9 Construct Minimum 1 -Inch Thick AC Leveling Course: Work under this item shall include all of the costs of crack sealing of all cracks that are wider than 1/8" in width, tack coat, construction of A.C. leveling course, compaction, and all other work as required to complete the work as shown on the plans. • • SP 13 OF 19 Item No. 10 Construct Minimum 2 -Inch Thick ARHM Surface Course: Work under this item shall include all of the costs to construct the 2 -inch thick ARHM pavement overlay, compaction, and all other work as required to complete the work as shown on the plans. Item No. 11 Remove Existing and Construct Variable Height PCC Curb and Gutter (City Std. 182 -L Type A): Work under this item shall include all of the costs of removing and disposing the existing curb and gutter, subgrade compaction, constructing variable and depressed height P.C.C. curb and gutter, transition curb and gutter, restoring all existing improvements damaged by the work, and all other work items as required to complete the work in place. Item No. 12 Remove Existing and Construct Variable Height PCC Curb (City Std. 182 -L Type B): Work under this item shall include removing and disposing of the existing curb, subgrade compaction, constructing variable and depressed height P.C.C. curb, curb painting, restoring all existing improvements damaged by the work, and all other work items as required to complete the work in place. Item No. 13 Construct Variable Height PCC Curb at Median Curb Inlet: Work under this item shall include constructing variable height P.C.C. curb at the new median curb inlet, and all other work items as required to complete the work in place. Item No. 14 Construct 4 -Inch Thick P.C.C. Apron: Work under this item shall include constructing a P.C.C. concrete apron at location shown on the plans, including subgrade removal, disposal, and compaction and all other work items as required to complete the work in place. Item No. 15 Construct Curb Inlet Type OS (City Std. 306 -L): Work under this item shall include, but not limited to, pavement removal, exposing utilities in advance of work, excavation, temporary shoring, bracing, patching or plating, control of surface water, backfill, compaction, disposal of excess excavated materials, installation of base, basin, grade rings, manhole frame and cover, make connections, temporary and permanent support and restoration of existing interfering irrigation system and turf — if any, and all other work necessary to construct the P.C.C. catch basin complete and in place. Item No. 16 Construct Curb Inlet Local Depression: Work under this item shall include the construction of local depression per CNB Std. Plan 304 -L and all other of work as required to complete the work in place. Item No. 17 Install 18 -Inch Diameter RCP: Work under this item shall include trench excavation, control of ground and surface water, sheeting, shoring and bracing, placement of bedding materials, backfilling, compacting and resurfacing and complete all other necessary work as shown on the Plans. • • SP 14 OF 19 Item No. 18 Construct PCC Storm Drain Junction Structure: Work under this item shall include the construction of P.C.C. junction structure including, but not limited to, pavement removal, exposing utilities in advance of work, excavation, temporary patching or plating, control of ground and surface water, backfill, compaction, disposal of excess excavated materials, installation of base, shaft, grade rings, manhole frames and covers, connections to existing facilities, removal, abandonment or protection of interfering portions of existing utilities or improvements, temporary and permanent support of utilities, and all other work necessary to construct the P.C.C. junction structure complete and in place. Item No. 19 Construct 4 -Inch Thick Integrally Colored Median Stamped Concrete: Work under this item shall include all work and costs required to prepare and compact the existing work site subgrade to receive the new stamped concrete, construct 4" thick colored stamped concrete, install No. 4 dowels and expansion joints at 50' intervals, and construct the work as detailed on plans. Item No. 20 Reconstruct/Adjust Manhole Frame and Cover to Grade: Work under this item shall include all work and costs required to reconstruct or adjust the manhole frame and cover to grade as shown on the Plans. Item No. 21 Reconstruct/Adjust Water Valve Frame and Cover to Grade: Work under this item shall include all work and costs required to reconstruct or adjust the water valve frame and cover to grade as shown on the Plans. Item No. 22 Reconstruct Existing Catch Basin to Match Top of New Median Curb: Work under this item shall include all work and cost required to reconstruct the top portion of the existing catch basin to match the top of new median curb, complete and in place. Item No. 23 Replace Traffic Signal Loops: Work under this item shall include all labor and material to install and connect into existing termination pull box and all other work as required to complete the work shown on the plans and these Specifications. The Contractor shall notify the Engineer of deactivation of any existing loops one week prior to start of any work. Item No. 24 Install Pavement Striping, Markings, and Markers: Work under this item shall include temporary and permanent striping, thermoplastic traffic and parking striping, pavement, pavement markers, curb painting (red curb shall be TMT Pathway Foundry Red), and all work necessary to install traffic striping complete and in place per the plans. Item No. 25 As -Built Plans and DBE Certification Form: The "As- Built" corrections and the completed DBE Certification Form shall be submitted to and approved by the Engineer within six (6) weeks of the placement of permanent pavement striping. • • SP 15 OF 19 9 -3.2 Partial and Final Payment. Add to this section: "Partial payments for mobilization and traffic control shall be made in accordance with Section 10264 of the California Public Contract Code." PART 2 CONSTRUCTION MATERIALS SECTION 201 - -- CONCRETE. MORTAR, AND RELATED MATERIALS 201 -1 PORTLAND CEMENT CONCRETE 201 -1.1.2 Concrete Specified by Class. Add to this section: "Portland Cement concrete for construction shall be Class 560 -C -3250. No recycled materials shall be allowed. However, to accommodate improved workability for the median concrete stamping process, the Contractor at his own costs may propose an alternate same - strength mix design to City for approval by the Engineer." 201 -2 REINFORCEMENT FOR CONCRETE 201 -2.2.1 Reinforcing Steel. Add to this section: "Reinforcing steel shall be Grade 60 billet steel conforming to ASTM A- 615." 201 -5 CEMENT MORTAR 201 -5.1 General. Cement mortar shall consist of Portland cement, sand, and water. Cement and sand shall first be combined in the proper proportions, and then thoroughly mixed with the required amount of water. SECTION 207 -- -PIPE 207 -2 REINFORCED CONCRETE PIPE (RCP) 207 -2.1 General. All RCP's to be installed for the work shall be of the same quality as the "spun" type RCP. In addition, any signs of cracks, rough finish, spalls, irregularities, or other internal and /or external defects that are observed at the work site shall be sufficient cause to reject the entire patch of delivered RCPs. 207 -2.5 Joints. Add to this section: "All storm drain joints shall be sealed with an external joint sealer. The joint sealer shall consist of a reinforced collar composed of rubberized mastic formulated to bond into the pores of the concrete. The joint sealer shall also have embedded steel straps. The Contractor shall use Mar Mac "Mac Wrap" • • SP 16 OF 19 or approved equal. Mar Mac Manufacturing Company may be contacted at (800) 845- 6962." SECTION 214 - -- PAVEMENT MARKERS 214 -4 NONREFLECTIVE PAVEMENT MARKERS Add to this Section: "All new non - reflective pavement markers types A and AY shall be ceramic." 214 -5 REFLECTIVE PAVEMENT MARKERS Add to this Section: "All new reflective pavement markers shall have glass- covered reflective faces or be 3M Series 290 and have thermo plastic paint." SECTION 216 - -- CONSTRUCTION ADVISORY SIGN 216 -1 GENERAL Per detail enclosed within these Special Provisions Exhibit 15 -1. However, the sign supports may be fabricated with lumber. PART 3 CONSTRUCTION METHODS SECTION 300 - -- EARTHWORK 300 -1 CLEARING AND GRUBBING 300 -1.3 Removal and Disposal of Materials 300 -1.3.1 General. Add to this section: "The work shall be done in accordance with Section 300 -1.3.2 of the Standard Specifications except as modified and supplemented herein. Joins to existing pavement lines shall be full depth sawcuts. Final removal between the sawcut lines may be accomplished by the use of jackhammers or sledgehammers. Pavement breakers or stompers will not be permitted on the job. The Engineer must approve final removal accomplished by other means. The Contractor shall maintain the job site in a clean and safe condition. The Contractor will remove any broken concrete, debris or other deleterious material from the job site at the end of each workday. All areas of roadway removal and replacement shall have a minimum trench width of 3 -feet to facilitate maximum compaction. Contractor shall meet with the Engineer to mark out the areas of roadway removal and replacement. 300 -1.3.2 Requirements (c) Concrete Curb, Walk, Gutters, Cross Gutters, Driveways, and Alley Intersections. Replace the first sentence of this Section with: "Saw cuts shall be neatly • • SP 17 OF 19 made to a minimum of two (2) inches." And replace the words "1'/2 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 that crushes such materials for reuse. Excess soil and other recyclable solid wastes shall not be disposed of at a sanitary landfill. The Contractor shall maintain monthly tonnage records of total solid wastes generated and solid wastes disposed of at a sanitary landfill. The Contractor shall report said tonnage monthly to the Engineer on a form provided by the Engineer and provide appropriate confirmation documentation from the recycling facility. SECTION 302 - -- ROADWAY SURFACING 302 -5 ASPHALT CONCRETE PAVEMENT 302 -5.1 General. Add to this section: "The asphalt concrete used for the AC Leveling Course shall be III -C3 -AR -4000. No recycled materials will be allowed for this project. All cracks 1/8 -inch or greater in width shall be cleaned and sealed with a hot - applied crack sealant approved by the Engineer. Holes, spalls, and cracks greater than 1 -inch in width shall be filled and compacted with an F -AR 4000 asphalt concrete mix. The pavement shall then be cleaned with a power broom." 302 -5.4 Tack Coat. Add to this section: "Prior to placing the asphalt concrete patches, a tack coat of Type SS -1 h asphaltic emulsion at a rate not to exceed one — tenth (1/10) of a gallon per square yard shall be uniformly applied to existing A.C. and P.C.C. surfaces and edges against which asphalt concrete is to be placed." SECTION 303 - -- CONCRETE AND MASONRY CONSTRUCTION 303 -5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 303 -5.5.2 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 Operations Manager, Mr. Ed Burt, at (949) 718 - 3402." 303 -5.5.3 Stamped Concrete. The depth of the pattern shall be between 3/8- inch and' /2 -inch. 0 • SP 18 OF 19 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 -56 and shall be Type A or Type E. The new loop detectors shall be installed within the pavement final course. All installed loop detectors shall be completely functional to the satisfaction of the Engineer within five consecutive working days of pavement final course placement. SECTION 310 - -- PAINTING 310 -5 PAINTING VARIOUS SURFACES 310 -5.6 Painting Traffic Striping, Pavement Markings, and Curb Markings 310 -5.6.7 Layout, Alignment, and Spotting. Modify and amend this section to read: "The Contractor shall perform all layout, alignment, and spotting. The Contractor shall be responsible for the completeness and accuracy of all layout alignment and spotting. Traffic striping shall not vary more than 1/2 -inch in 40 feet from the alignment shown on the plans. The Contractor shall mark or otherwise delineate the new traffic lanes and pavement markings within 24 hours after the removal or covering of existing striping or markings. No street shall be without the proper striping over a weekend or holiday. Stop bars shall not remain unpainted overnight." 310 -5.6.8 Application of Paint. Add to this section: "Temporary painted traffic striping and markings shall be applied in one coat, as soon as possible and within 24 hours after the finish course has been applied. Paint for temporary traffic striping and pavement markings shall be white Formula No. 2600A9 Duraline 2000 and yellow Formula No. 2601A9 Duraline 2000 as manufactured by Morton. These temporary paints shall be applied at 15 mils wet. The final striping for all painted areas shall be sprayable reflectorized thermoplastic. The sprayable reflectorized thermoplastic pavement striping shall not be applied until the paving has been in place for at least 15 days. The thermoplastic shall be applied at 0.45 mm minimum thickness for all striping except crosswalks and limit lines — which shall be 0.90 mm minimum thickness. If the Contractor fails to perform striping as specified herein, the Contractor shall cease all contract work until the striping has been properly performed. Such termination of work shall require the Contractor to re- install "NO PARKING, TOW- AWAY" signs and re- notify the affected residents, at the Contractor's sole expense. In addition, if the C� • SP 19 OF 19 Contractor removes /covers /damages existing striping and /or raised pavement markers outside of the work area, he shall re- stripe /replace such work items at no cost to the City. The Contractor shall paint or otherwise delineate, to the satisfaction of the Engineer, temporary traffic lanes when there is more than one lane in any one direction, for more than three consecutive calendar days. Dependent upon construction phasing, the Engineer may require the Contractor to apply two applications of paint to maintain adequate delineation on base pavement surfaces, at no additional cost to the City." SECTION 312 - -- PAVEMENT MARKER PLACEMENT AND REMOVAL 312 -1 PLACEMENT. Amend this section with: 1. The location of raised pavement fire hydrant marker shall conform to the City of Newport Beach Standard Plan No. STD - 902 -L. 2. The Contractor shall not install raised pavement markers until after the pavement finish course has been placed for at least 15 days." PART 6 SECTION 600 - -- MODIFIED ASPHALTS, PAVEMENTS AND PROCESSES 600 -2 CRUMB RUBBER MODIFIED (CRM) BINDERS AND PAVEMENTS -WET PROCESS 600 -2.1 Asphalt- Rubber 600 -2.1.1 General. Add to this section: "Asphalt- rubber shall be type B." 600 -2.6 Asphalt- Rubber Hot Mix Gap- Graded 600 -2.6.3 Rolling. Add to this section: "Asphalt- Rubber Hot Mix Gap Graded material shall be compacted at or above 290 degrees Fahrenheit. Due to this requirement, the Contractor shall maintain three large self - propelled, vibrating steel wheel rollers, in working condition, on site to facilitate the initial breakdown rolling and intermediate rolling. The third roller will act as a stand -by in case of breakdown by one of the other rollers. Rubber tire rollers are not permitted. A minimum relative compaction of 95 percent is required. For each percentile less that the required 95 percent compaction, the payment for the unit price for the ARHM placed will be reduced by 10 percent. Any areas of roadway that does not have 90 percent relative compaction shall be removed, reinstalled and properly compacted at the Contract's sole expense." a U O G p� Q7 O Q � ^ m ' / Exhibit 15 -1 m o v z � U m 2 a ) q N o m m F- O m J G m a Z U m Q� F m C C L z°3 ¢a ^ ' / � z z z 00 o o ,= F- CO (1) U) o 0 Ckd ..., W W O � <m O_j .09 0 T /\ V) T— OI 4 � 01 01' I Qi Oi L.. IL!I i IX \/ X �! 0 W CL 0 U U O O CL m N LL O N 0 0 - e W 0 N W S In m . Q d 0 s c r.. s ... uw z z yo .a CO. e "170 0 V) o a z, a - c UO m" E " V r T N t s a b o� s�. a m N c m o o a � m 0 0 ru w T N FFJ� W� L >1 It Ql Uy}� is m m D b N o rn Q' C4 ua o >g m e � Or /.R (D r N N LL m No @ov a E @ CL w � i 1 • WELD DETAIL Detail C Fdlpt`wetd 011 around In end ouron material 2' and larger. Gdnd1 bsads ikrdh front and bark. Weld around ootslde:only on 1' material. For redonguier hang. weld .aN,around'and %grind where wet contacts-sign panel. SHEET 4 OF 4 PROFESSIONAL SERVICES AGREEMENT FOR STREET REHABILITATION ON JAMBOREE ROAD FROM BISON AVENUE TO UNIVERSITY AVENUE THIS AGREEMENT, entered into this tk day of 2002, by and between the City of Newport Beach , a Municipal Corporation (hereinafter referred to as "City "), and Dewan, Lundin & Associates, whose address is 12377 Lewis St., Suite 101, Garden Grove, California, 92840, (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 street rehabilitation on Jamboree Road from Bison Avenue to University Avenue ('Project'). C. The City desires to engage Consultant to complete design services for the Project upon the terms and conditions contained in this Agreement. D. The principal member for the Consultant for purpose of this Project is Surender Dewan, P.E. 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 and conditions provided in this Agreement. -1- E 0 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 _ day of , 2002, and shall terminate on the 30th day of June 2003, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Consultant shall diligently perform all the duties set forth in the scope of services, attached hereto as 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, including all reimbursable items and subconsultant fees, shall not exceed the total contract price of forty thousand four hundred eighteen and no /100 ($40,418). 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 progress invoices to City payable by City within thirty (30) days of receipt of invoice. -2- 0 0 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. 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 to City that it has or shall obtain all licenses, permits, qualifications and approvals required of its profession. If Consultant is performing inspection or construction -3- 0 0 management services for the City, the assigned staff shall be equipped with a Nextel Plus type cellular /direct connect unit to communicate with City Staff, consultant's Nextel Direct Connect I.D. Number will be provided to City to be programmed into City Nextel units, and vice versa. Consultant further represents 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, acts of God, failure of City to furnish timely information or to promptly approve or disapprove Consultant's work, delay or faulty performance by City, contractors, or governmental agencies, or any other delays beyond Consultant's control. 5. INDEPENDENT PARTIES City retains Consultant on an independent contractor basis and Consultant is not an employee of City. The manner and means of conducting the work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. Nothing in this Agreement shall be deemed to constitute Consultant or any of Consultant's employees or agents to be the agents or employees of City. Consultant shall have the responsibility for and control over the details and 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. M 0 0 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 Surender Dewan to be its Project Manager. Consultant shall not bill any personnel to Project other than those personnel identified in Exhibit "B ", whether or not considered to be key personnel, without City's prior written approval by name and specific hourly billing rate. Consultant shall not remove or reassign any personnel designated in this Section or assign any new or replacement person to Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to removal or assignment of non -key personnel. Consultant, at the sole discretion of City, shall remove from Project any of its personnel assigned to the performance of services upon written request of City. Consultant warrants it will continuously furnish the necessary personnel to complete 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 Consultant shall perform the services 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 assessment of damages against Consultant for -5- 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, but not later than the date upon which performance is due. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays, which are beyond Consultant's control. 8.2 For all time periods not specifically set forth herein, Consultant shall respond in the most expedient and appropriate manner under the circumstances by telephone, fax, hand delivery or mail. 9. CITY POLICY Consultant shall 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 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 in 0 0 authorized designee informed on a regular basis regarding the status and progress of the work, activities performed and planned, and any meetings that have been scheduled or are desired. 12. HOLD HARMLESS Consultant shall indemnify, defend, save and hold harmless City, its City Council, boards and commissions, officers and employees from and against any and all loss, damages, liability, claims, allegations of liability, suits, costs and expenses for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, property damages, or any other claims arising from any and all negligent acts or omissions of Consultant, its employees, agents or subcontractors in the performance of services or work conducted or performed pursuant to this Agreement, excepting only the active negligence or willful misconduct of City, its officers or employees, and shall include attorneys' fees and all other costs incurred in defending any such claim. Nothing in this indemnity shall be construed as authorizing, any award of attorneys' fees in any action on or to enforce the terms of this Agreement. 13. INSURANCE Without limiting consultant's indemnification of City, and prior to commencement of 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 -7- 0 • 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. Insurance policies with original endorsements indemnifying Project for the following coverages shall be issued by companies admitted to do business in the State of California and assigned Best's A- VII or better rating: A. Worker's compensation insurance, including "Wavier of Subrogation" clause, covering all employees and principals of Consultant, per the laws of the State of California. B. Commercial general liability insurance, including additional insured and primary and non - contributory wording, covering third parry liability risks, including without limitation, contractual liability, in a minimum amount of $1 million combined single limit per occurrence for bodily injury, personal injury and property damage. If commercial general liability insurance or other form with a general aggregate is used, either the general aggregate shall apply separately to this Project, or the general aggregate limit shall be twice the occurrence limit. C. Commercial auto liability and property insurance, including additional insured (and primary and non - contributory wording for waste haulers only), 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 0 0 0 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, which Consultant shall look solely to its insurance for recovery. Consultant hereby grants to City, on behalf of any insurer providing workers compensation, comprehensive general, and automotive liability insurance to either Consultant or City with respect to the services of Consultant herein, a waiver of any right of subrogation, which any such insurer of said Consultant may acquire against City by virtue of the payment of any loss under such insurance. 14. PROHIBITION AGAINST TRANSFERS Consultant shall not assign, sublease, hypothecate or transfer this Agreement or any of the services to be performed under this Agreement, directly or indirectly, by operation of law or otherwise without prior written consent of City. Any attempt to do so without consent of City shall be null and void. The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint 0 venturer or syndicate member or co- tenant if Consultant is a partnership or joint- venture or syndicate or co- tenancy, which shall result in changing the control of Consultant, shall be construed as an assignment of this Agreement. Control means fifty percent (50 %) or more of the voting power, or twenty -five percent (25 %) or more of the assets of the corporation, partnership orjoint- venture. 15. OWNERSHIP OF DOCUMENTS Each and every report, draft, work product, map, record and other document reproduced, prepared or caused to be prepared by Consultant pursuant to or in connection with this Agreement shall be the exclusive property of City. Documents, including drawings and specifications, prepared by Consultant pursuant to this Agreement are not intended or represented to be suitable for reuse by City or others on any other project. Any use of completed documents for other projects and any use of incomplete documents without specific written authorization from Consultant will be at City's sole risk and without liability to Consultant. Further, any and all liability arising out of changes made to Consultant's deliverables under this Agreement by City or persons other than Consultant is waived as against Consultant and City assumes full responsibility for such changes unless City has given Consultant prior notice and has received from Consultant written consent for such changes. Consultant shall, at such time and in such forms as City may require, furnish reports concerning the status of services required under this Agreement. 16. CONFIDENTIALITY The information, which results from the services in this Agreement, is to be kept confidential unless City authorizes the release of information. -10- 0 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. 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. C. City staff will provide usable life of facilities criteria and provide information with regards to deficient facilities. D. Pavement Evaluation Report. 18. ADMINISTRATION The Public Works Department will administer this Agreement. Bill Patapoff 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. -11- 9 0 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. 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. -12- 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 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 -13- 0 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. All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: Bill Patapoff, City Engineer City of Newport Beach Public Works Department 3300 Newport Boulevard 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: Surender Dewan DL&A 12377 Lewis Street, Suite 101 Garden Grove, Ca 92840 (714) 740 -8840 Fax: (714) 740-8842 26. TERMINATION In the event either part hereto fails or refuses to perform any of the provisions hereof at the time and in the manner required hereunder, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) days, or if more than two (2) days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) days after receipt by defaulting party from the other party of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the nondefaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. -14- i 26.1 City shall have the option, at its sole discretion and without cause, of terminating this Agreement by giving seven (7) days' prior written notice to Consultant as provided herein. Upon termination of this Agreement, City shall pay to Consultant that portion of compensation specified in this Agreement that is earned and unpaid prior to the effective date of termination. 27. COMPLIANCES Consultant shall comply with all laws, state or federal and all ordinances, rules and regulations enacted or issued by City. 28. WAIVER A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein whether of the same or a different character. 29. INTEGRATED CONTRACT This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions hereon. Any modification of this Agreement will be effective only by written execution signed by both City and Consultant. 30. OPINION OF COST Any opinion of the construction cost prepared by Consultant represents his /her judgment as a design professional and is supplied for the general guidance of City. Since Consultant has no control over the cost of labor and material, or over competitive bidding -15- 0 0 or market conditions, Consultant does not guarantee the accuracy of such opinions as compared to contractor bids or actual cost to City. 31. COMPUTER DELIVERABLES CADD data delivered to City shall include the professional stamp of the engineer 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 AutoCAD 2000 in ".dwg." file format. All written documents shall be transmitted to the City in the City's latest adopted version of Microsoft Word and Excel. 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. Sn APPROVED AS TO FORM: By: Cit Attorney ATTEST: City Clerk 11 CITY OF NEWPORT BEACH A Municipal Corporation By: Tod W. Ridgeway CONSULTANT Surender Dewan Principal f:\ users \pbMshared\agreements \fy 01- 02 \dewan lundin- jamboree rehab..doc -17- E XH t`� ►�" "R" PROJECT UNDERSTANDING The proposed project area is Jamboree Road from Bison Avenue to University Drive. The proposed project consists of rehabilitation of existing roadway. Services to be provided by Dewan, Lundin & Associates under this proposal encompass a full range of services. These services include the following: Design Survey Preparation of Street Improvement Plans Preparation of Signage and Striping Plans Project Specifications Estimate of Probable Construction Costs Jamboree Road between Bison Avenue and University Drive is a major arterial that serves the businesses and residents of Newport Beach. The curb to curb width of the street is 120 feet. The existing street is striped for three lanes in each direction with a 16 foot wide median divider in the center. A build up of overlays in the roadway over the years has resulted in a minimum (2 -inch) curb face in the median divider (Figure 1, Plate 1). There is an existing concrete walk on both sides of the street. No parking is permitted along this section of the roadway. The intersections of Jamboree Road and Bison Avenue, and Jamboree Road and University Drive are signalized. The existing sidewalk, curb and gutter are in extremely good condition. The only portion of sidewalk requiring replacement is approximately 800 feet south of University Drive at SCE pole 1729182E where a 10 foot by 12 foot section has lifted. There are existing handicap ramps at all intersections. Jamboree Road Street Rehabilitation Project Dewan, Lundin & Associates • Page f There is an existing storm drain system in the roadway. There are existing catch basins along the easterly and westerly curb and also along the median curb. During our field observation we also noticed the following utilities: • Overhead electrical behind the easterly sidewalk between University Drive and Camelback Street. • Underground electrical along the easterly sidewalk. • Underground telephone along the westerly sidewalk. • Gas main in the southbound direction. The existing pavement is in fair condition. However, portions of the roadway are experiencing some deterioration with longitudinal and early alligator cracking (Figure 1 and Figure Z Plate 2). The pavement has been overlaid in the past as is evident by the minimal curb face. A 12 foot wide section of the pavement has been repaired in the northbound number three lane between University Drive and Camelback Street. While the rehabilitation of the Jamboree Road pavement is the primary focus of the project, the restoration of "disappearing" curb face along the existing landscaped medians is also of importance and will be addressed. It is the City's intent to provide for a minimum 6 -inch curb face. The existing median curb can be preserved and curb face restored if the pavement analysis report recommends that the existing pavement needs to be reconstructed. In the event the report recommends that existing pavement in the project area is adequate and only overlay is required, we will investigate the alternative of coldmilling a reasonable portion of existing pavement and replacing with rubberized asphalt pavement, thereby restoring if possible a 6 -inch curb face. If the structural design considerations and cross slope requirements dictate otherwise, the median divider curb and stamped concrete may require reconstruction. Reconstruction of existing landscape improvements, if any, is not included in the scope of work for this project. Jamboree Road Street Rehabilitation Project Dewan, Lundin & Associates • Page 2 0 0 PROJECTAPPROACH DESIGN REVIEW MEETING ■ In a consultation meeting with the City, the scope of work, procedure for the project and the precise limits of the project improvements will be reviewed. ■ Review with City Staff to obtain specific input related to City goals, and discuss preliminary issues. ■ Meet with City Staff on a continuous, as- needed basis throughout the design and construction phases to ensure that work is expeditiously carried out in keeping with the City's requirements. UTILITY COORDINATION ■ Notify all utilities at the start and at 50% design of the location and extent of the work to _..... .. - ......_. _... ...... -- — - ensure that all structures are properly located on the plans. ■ Request utility companies to pothole at locations with the greatest likelihood of impacting the proposed construction. (If utility has prior rights, potholes shall be excavated as negotiated extra work.) ■ A copy of all correspondence with utility companies will be provided to the City. ■ Final plans will be sent to each affected utility company prior to bidding of the work along with notification of when work is anticipated to begin. ■ Proposed improvements will be coordinated with utility companies in the project area. Each utility company will be sent a "Utility Notification Letter' prior to commencement of preliminary design, preliminary improvements plans and final plans. DEFLECTION ANALYSIS ■ To be provided by the City of Newport Beach DESIGN SURVEY ■ Locate beginning, intermediate and final bench marks. Locate and identify horizontal controls used. Set a total of five (5) aerial targets. ■ Conduct aerial survey. Aerial survey to show spot elevations and contours at 1 foot intervals. Jamboree Road Street Rehabilitation Project Dewan, Lundin & Associates • Page 3 ■ Mark limits of broken curb and gutter as well as defective sidewalk. ■ Conduct topographic survey and obtain street cross sections at 50 foot intervals. Street cross sections to show elevations at top of curb, gutter flowline, lip of gutter, edge of pavement, lane line, centerline, top of median curb, and finished surface at median curb. ■ Obtain street cross sections at all BCR's and ECR's. ■ A minimum of two (2) bench marks will be used. A bench circuit will be run and closure error established, if any. Each bench mark will be established on the plans and in the survey notes. ■ A report will be provided to the City containing all survey control and cross section notes. PRELIMINARY DESIGN - 70% DESIGN ■ Prepare base maps using computer aided drafting (AutoCAD Release 2000). Plot existing utilities, existing right -of -ways, etc. ■ Plot existing cross sections. Superimpose proposed improvements over existing cross sections. ■ Check the proposed cross sections for accuracy of cross slope. If the proposed cross slope is less than the minimum required or more than the maximum permissible, revise the type of proposed treatment to the street surface. An effort will be made to provide a minimum of 3 -inch curb face at the median curb. ■ Develop alternate methods of achieving City's goals, giving consideration to existing pavement condition as determined by the pavement evaluation report. Repair, rehabilitation, partial and full replacement of existing pavement and replacement and reconstruction of median curb divider will be considered. ■ Prepare preliminary street improvement plans. ■ Prepare preliminary signage and striping plans in accordance with the State of California Department of Transportation Traffic Manual. ■ Prepare preliminary estimate of probable costs in tabular form. ■ Prepare environmental permit application for the project. FINAL DESIGN -100% DESIGN ■ Evaluate cross sections and profiles for drive quality. • Prepare final street improvements plans. In addition provide copies of all calculations, cross sections and other support data to the City. Jamboree Road Street Rehabilitation Project Dewar, Lundin & Associates • Page 4 0 0 ■ Title sheet will show: a Title a Vicinity and location map with plan sheet index and scale a Utility and plan legends a Bench marks, basis of bearings a General and master construction notes a Standard signature and title blocks a Utility notes, contact names and telephone numbers ■ Plan and profiles will include: a Topography between right -of -way and beyond as necessary o Right -of -way limit lines (existing and proposed) o Utility location plot o Construction notes and quantity estimates o Typical sections and details o Top of curb and centerline profile a Location of borings o Plot proposed cross sections at 50 foot intervals ■ Prepare final striping and signage plans. Final plans to include: a Removal and /or construction of existing and /or proposed traffic features where applicable Traffic striping (traffic lanes, crosswalks, etc.) a Traffic signing o Pavement markings and markers ■ Prepare project specifications based on the latest edition of the Standard Specifications for Public Works. • Prepare final estimates of probable cost. ■ After final approval of project design the plans will be plotted on 4 mil thick mylar and delivered to the City along with IBM compatible disks. ■ Provide coordination of ARHP requirements with Caltrans including all necessary paperwork. CONSTRUCTION ASSISTANCE • Provide coordination during bidding process including answering bidders questions during the bidding phase. Jamboree Road Street Rehabilitation Project Dewan, Lundin & Associates • Page 5 0 ■ Provide assistance during construction consisting of plan interpretation and plan revisions resulting from changed conditions. ■ Prepare As -Built plans based on information provided by the City. QUALITY CONTROL PROCEDURES ■ The importance of review and checking cannot be overemphasized, given the extreme time constraints under which documents are often produce ■ Checking plays a central role in our quality assurance effort. 0 Documents are comprehensively checked at one or more milestones before they are completed. A senior team member checks all documents before they are issued. 0 One person checks all important dimensions. 0 The person responsible for the drawings reviews the drawings, and the writer reviews the text. Consultants review the documents produced by other contributors for coordination. The City reviews and approves the documents before they are issued. Jamboree Road Street Rehabilitation Project Dewan, Lundin 8 Associates • Page 6 E PROJECT TEAM The most important element in the provision of professional services is the assignment of key personnel. Quality personnel and an effective management system combine to produce quality services. Accordingly, the following personnel have been assigned to this project. Surender Dewan, RE Walter Lundin, P.E., L.S. Hoang Nguyen Jon Safdari Charles Tuggle, L.S. Subconsultants Project Manager /Principal Quality Control /Principal Project Engineer CAD Designer Survey Party Chief Digital Mapping, Inc. Photogrammetric Services Jamboree Road Street Rehabilitation Project Dewan, Lundin & Associates • Page 7 0 Organization Chart for 11 Jamboree Road Street Rehabilitation Project From Bison Avenue to University Drive City of Newport Beach Mr. Bill Patapoff, P.E. City Engineer Mr. SurenderDewan, P.E. Principal -in- Charge / Project Manager Dewan, Lundin & Associates ,(yam on Harrngton,`E. Mr Ali Aliyazicioglu u Mater a ng Services Photogrammetric Services rrington Geotechnl c. Digital Mapping Inc. I Mr. Walter Lundin, P.E., L. S. Quality Control Dewan. Lundin & Associates I Mr. Hoang Nguyen Project Engineer Dewan, Lundin & Associates — ... I – Mr. Jon Safdari CAD Designer Dewan, Lundin & Associates Mr. Charles Tuggle, L.S. Survey Patty Chief Dewan, Lundin & Associates 2 -Man Survey Crew Jamboree Road Street Rehabilitation Project Dewan, Lundin & Associates • Page 8 • TENTATIVE DESIGN SCHEDULE Jamboree Road Street Rehabilitation Project From Bison Avenue to University Drive TASK DESCRIPTION APRIL MAY JUNE j JULY AUGUST 1 i2 i3 i4ii2 i3 i4 tit i3 i4fi2 3i4 4 Aerial Survey and Design Survey i i Deflection Analysis - Provided by the City Utility Coordination Design Phase - 70% Design -Preliminary Prepare Base Maps Street Improvement Plans Signage and Striping Plans City Review of Preliminary Plans Final Design Phase - 100% Design Street Improvement Plans Project Specifications and Cost Estimates Project Complete Assumed Notice to Proceed - April 1, 2002 ♦ Project Complete End of July, 2002 Jamboree Road Street Rehabilitation Project Dewar, Lundin & Associates • Page 19 Ll RESOURCE REQUIREMENTS Jamboree Road Street Rehabilitation Project From Bison Avenue to University Drive PHASE OF WORK Project Project 1AutoCAD I SurveylClerical Manager : Engineer': Designer I Crew TOTAL HOURS PRELIMINARY DESIGN DEVELOPMENT 2 4 6 -- -- 12 Subconsultant, DESIGN SURVEY Digital Mapping, Inc. I 2 4 I -- 40 -- 46 PRELIMINARY DESIGN PHASE - 70% DESIGN _ 10% Clerical Base Maps 8 50 58 Utility Notification and Coordination -- 4 -- -- 6 10 Street Improvement Plans 2 48 64 -- -- 114 Signage and Striping Plans 2 12 20 j -- -- 34 Estimate of Probable Costs 2 8 4 _ 14 Environmental Permit Application _2 �, -- _ 2....... 4 FINAL DESIGN PHASE -100 %DESIGN Street Improvement Plans 2 8 24 -- -- 34 Signage and Striping Plans _ 1 4 4 -- -- 9 Coordination of ARHP Requirements with Caltrans 4 8 �`' —I -- 12 SPECIFICATIONS, ESTIMATES &BID PACKAGE 4 14 -- I -- i 20 38 BIDDING & CONSTRUCTION PHASE ASSISTANCE 1 4 -- -- -- 5 AS -BUILT PLANS 2 4 8 -- -- 14 TOTAL HOURS: 26 1 130 176 40 32 404 Percent of Work Hours Performed by Various Members of the Team by Designation PROJECT TEAM MEMBER PERCENTAGE OF WORK HOURS Project Manager 8% Project Engineer ! 34% AutoCAD Designer 46% Survey Crew _ 10% Clerical 2% Subconsultants Not Included Jamboree Road Street Rehabilitation Project Dewan, Lundin 8 Associates • Page 20 0 FEE PROPOSAL For Professional Civil Engineering Services Jamboree Road Street Rehabilitation Project From Bison Avenue to University Drive ITEM DESCRIPTION AMOUNT 1. Preliminary Design Development ..... ............................... $960.00 2. Design Survey .................. ............................... $6,940.00 3. Preliminary benign Phase ....... ............................... $17,460.00 4. Final Design Phase .............. ............................... $6,750.00 5. Assistance During Bidding Phase .... ............................... $440.00 6. As -Built Plans .................. ............................... $1,100.00 7. Printing Allowance ................ ............................... $500.00 Subtotal: $34,150.00 Subconsultants: Digital Mapping, Inc. .................. ............................... $5,450.00 (Photogrammetric Services) Mark -Up 15% ........................... $818.00 Subtotal: $6,268.00 TOTAL NOT -TO- EXCEED FEE: ........................................ $40,418.00 ,7Z�ClccA5-- AW 9'Qinr6ur�ad�e s • EkH1Ia>�T�$0 • SCHEDULE OF HOURLY RATES - 2002 Dewan, Lundin & Associates Project Manager ....................... ............................... $100.00 Project Engineer ........................ ............................... $85.00 Design Engineer ........................ ............................... $75.00 CADDDesigner ........................ ............................... $70.00 Senior Drafter .......................... ............................... $60.00 Senior Plan Checker ..................... ............................... $55.00 Construction Administrator ................ ............................... $58.00 Construction Observer ................... ............................... $50.00 Building Official ......................... ............................... $65.00 — Building Plan Check-Engineer ........... .. ............................... $60.00 Building Plan Examiner ................... ............................... $60.00 Building Inspector ....................... ............................... $50.00 Two -Man Field Party .................... ............................... $160.00 Three -Man Field Party .................. ............................... $185.00 Office Survey Manager ................... ............................... $75.00 Word Processor ........................ ............................... $40.00 NOTE: ALL RATES ARE SUBJECT TO REVISION 0 0 AC-ORD. CERTIFICATE OF LIABILITY INSURANCE DATE(MMmwrY) 05/03/02 PRODUCER 1- 949 -729 -0777 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Professional Practice Insurance Brokers, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 2244 West Coast Highwav []>����� �� ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Suite 200 R Newport Beach, CA 92663 INSURERS AFFORDING COVERAGE INSURED 1YIHI ° Dewan Lundin & Associates INSURERA: American Manufacturers Mutual Insurance Company 92Gar }(pEfll INSURERB:Continental CasualtV Insurance Company 12377 Lewis St., Ste. 101 public V�tork$ INSURERC Cary of iti `VDor� Ssach Carden Grove, CA 92640 INSURER D: 1 INSURER E' COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS A GENERAL LIABILITY 7RE79862800 09/26/01 09/26/02 EACH OCCURRENCE $1, 00 O, 0 C 0 FIRE DAMAGE An ane fire 5100,000 X COMMERCIAL GENERAL UABIUTY CLAIMS MADE 1XI OCCUR MED E %P An one person) 810, 000 PERSONAL S ADV I NJURY $ 1,000,000 GENERALAGGREGATE $2,000,000 GEN'L AGGREGGATTiE LIMIT AP PLI ES PER PRODUCTS - COMP/OP AGO $2,000,000 POLICVI IFRO- n LOC A AUTOMOBILELIABILTTY 7WO30439403 04/30/02 04/30103 COMBINED SINGLE LIMIT $ T, 000, 000 -- EODILV INJURY FA00E'C,-'AUT0S BODILY INJURY (Per a,xidend S AUTOS PROPERTY DAMAGE (Per accident) S GgRAGELIABILRV AUTO ONLY -EA ACCIDENT $ OTHERTHAN EA ACC $ ANYAUTO $ AUTO ONLY: AGG EXCESS LIABILITY EACH OCCURRENCE $ OCCUR F7 CLAIMS MADE AGGREGATE $ 8 S DEDUCTIBLE RETENTION $ I $ A WORKERS COMPENSATION AND 7CW30439406 09/01/01 09/01/02 % WCSTATU- OTH- EMPLOYERS' LIABILITY E.L EACH ACCIDENT $ 1,000, 000 E.L. DISEASE - EA EMPLOYEE $ 1,000, 000 EL DISEASE POLICY LIMB Si, 000. OCC B OTHER Professional Liability AEA133324987 09/23/01 09/23/02 Per Claim 1,000,000 Agaregate 2,000,000 DESCRIPTION OF OPERATIONS &OCATION &VEHICLESIMLUSIONS ADDED BY ENOORSEMEN71SPECIAL PROVISIONS Additional insureds are added per attached primary wording endorsement. All operations of the named insured. Workers Compensation waiver of subrogation applies per attached endorsement. _INCLUDING THE STREET REHABILITATION ON JAMBOREE ROAD FROM BISON AVENUE TO UNIVERSITY DRIVE PROJECT r1;g7IFICAT1; Nf11 nFR I I Ann—Ai ,uc,men. —mou, r 00. rhwI tpI I ATinm ACORD 2S -S (7/97) cwhitlow O ACORD CORPORATION 1988 625902 OULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Newport Beach ATE THEREOF, THE ISSUING INSURER WILLHMEX9108M MAIL SD D,AT$_WRITEN TCE TO THE CERTIFICATE HOLDER NAMED TO THE 1.EFTJW [TARMRRT9L=) )GI Attn: Shaura Oyler pppg( IppglpNA�{yyyppypNp�SfB®6BOtKXX 3300 Newoort Blvd. WNIEGZNFbAVEWC Newport Beach, CA 92656 AUTHORI¢D REPRESENTATIVE a , ('j ACORD 2S -S (7/97) cwhitlow O ACORD CORPORATION 1988 625902 • 0 KEMPER PREMIER ENDORSEMENT FOR ARCHITECTURE AND ENGINEERING FIRMS THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESSOWNERS LIABILITY COVERAGE FORM BP 71 08 1. ADDITIONAL INSURED - - CITY OF NEWPORT BEACH, its elected officials, officers, agents, representatives and employees Item 5. of Section C. –WHO IS AN INSURED, is deleted and replaced by the following: Any person or organization (named above) to whom or to which you are obligated by virtue of a written contract, agreement or permit to provide such insurance as afforded by this policy is an insured, but only with respect to liability arising out of: a) "Your work" for that insured by you, including work or operations performed on your behalf for that insured; b) Permits issued by state or political subdivisions for operations performed by you; or c) Premises you own, rent, occupy or use. This provision does not apply unless the written contract or agreement has been executed, or the permit - --- -- — has-beeninLTe ar to- We "bod n u ry� - "P ro �e rtY damage," "personal-injury" or-advertising : In1 u n, ._ —..... This provision does not apply to any person or organization included as an insured under Additional Insured —Vendors. (NOTE: MEETS OR EXCEEDS CG 2010 11 e5) 2. PRIMARY -- NON - CONTRIBUTORY This insurance is primary and is not additional to or contributing with any other insurance carried by or for the benefit of Additional Insureds. 3. SEPARATION OF INSUREDS Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this policy to the first Named Insured, this insurance applies: a) As if each Named Insured were the only Named Insured; and b) Separately to each insured against whom claim is made or "suit' is brought. 4. NOTICE OF CANCELLATION If we cancel this policy for any reason other than non - payment of premium, we will mail written notice at least 30 days before the effective date of cancellation to the Additional Insureds on file with the Company. If we cancel this policy for non - payment of premium, we will mail written notice at least 10 days before the effective date of cancellation to the Additional Insureds on file with the Company. S. WAIVER OF SUBROGATION If the insured has rights to recover all or part of any payment we have made under this policy, those rights are transferred to us. This insurance shall not be invalidated should the Named Insured waive in writing, prior to a loss, any or all rights of recovery against any party for a loss occurring. However, the insured must do nothing after a loss to impair these rights. Al our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. This condition does not apply to Medical Expenses Coverage. American Manufacturers Mumd Insurance Company G4�4 f� Authorized Signature: ISSUED: 05/03/02 Note: Meets or Exceeds CG2010 11 /85 Kemper Form ABP7108 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT — CALIFORNIA (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective: I Policy Number. Endt. No. 09 /01 /Oi 09/01/02 7CW30439406 Insured: Dewan Lundin d Associates Insurance Company: American Manufacturers Mutual Insurance Company Countersigned By: C/�-d � SCHEDULE Person or Organization: ANYONE FOR WHOM THE NAMED INSURED HAS AGREED TO FURNISH THIS WAIVER ANYONE FOR WHOM THE NAMED INSURED HAS AGREED TO FURNISH THIS WAIVER CITY OF NEWPORT BEACH, its elected officials, officers, agents, representatives and employees MINIMUM PREMIUM: THE PREMIUM FOR THIS COVERAGE WILL BE DETERMINED AND BILLED AT AUDIT. We have the right to recover our payments from anyone liable for injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applied only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll record accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 2.00% of the California workers compensation premium otherwise due on such remuneration. THIS ENDORSEMENT CHANGES THE POLICY TO WHICH IT IS ATTACHED AND IS EFFECTIVE ON THE DATE ISSUED UNLESS OTHERWISE STATED. WC 04 03 06 (Ed. 04 84) Printed in U.S.A. MAY -10 -2002 FRI 10:12 AM CAL SURANCE FAX N0. 71493 91654 P. 01 /01 CERTIFICATE OF INSURANCE CHECKLIST CITY OF NEWPORT BEACH THIS CHECKLIST L COMPRISED OF REQUIREMENTS AS OUTLINED ABY THE CITY OF NEWPORT BEACH. L DATE RECEIVED:_. ICI b DEPARTMENT /CONTACT RECEIVED.- M: IDA L I ` DATE COMPLETDI: `�l 1 C)A O)- SENT TO: S �0L 0 � _ BY: COMPANY/PERSO REQUIRED TO HAVE CERTIFICATE: �e Y�V l LA Vx4; 1 V 1 L GENERAL LIAI ILTTY; �y ' A. INSURANC iCOMPANY: 1^/1(I lCdYl ,mil N1v,� 5uV�ur� B. AM BEST 1: kTING (A VII or greater): k, C. ADMTPTEI:. COMPANY: ( Must be California Admitted) Is company admitted in C, ifornia? Yes No` D: — LDdITS: (hl -st-b" l- ,000,OOO or- greater) What is litnit provided ?� D U 0 000 Ov0 E. PRODUCT.! AND COMPLETED OPERATIONS: (Must Include) Is it inc uded? Yes—D No F. ADDP17101, .L INSURDED WORDING TO INCLUDE: (The City its officers, agents, officials, employees and volunteers). Is it included? Yeses No_ G. PRIMARY. ND NON CONTRIBUTORY WORDING: (Must be included) Is it included? Yes No H. CAUTION! (Confirm that loss or liability of the Named insured is not limited solely by their negligence.) Does endon: went include "solely by negligence" wording? Yes_ No-,t,; — I. NOTIFICA: [ON OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified rm: ; per Lauren Farley the City will accept the endeavor wording. IL AUTOMOBILE A. LVSURAW B. AM BEST: C. ADM=: D. LIMITS:(i .LABILITY: i COMPAN ufvw,! ATING (A VII or greater): t �4- X'1/ COMPANY: ( MUST BE CALIFORNIA ADMITTED) Is company ad m rted? Yes NO ust be $1,000,000 minimum BI & PD and $500,000 UM) What is limits rovided? E. ADDITIOT L INSURED WORDING TO INCLUDE: (The City its officers ,agents, officials, employees and volunteers). is it included? Yes 41-f No F. PRIMARY ND NON CONTRIBUTORY WORDING: (For Waste Haulers Only). Is it included? Yes�-.&o_ G. NOTIFICA ION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mt..; per Lauren Farley the City will accept the endeavor wording. M. WORKERS CC: rPENSATION: 1 MN-�l �8 A. INSURAN1:: COMPANY: I �. B. AM BEST : ATING (A VII or greater) �/4-,z L C. LIMITS: Sc story D. WAVIER C 'SUBROGATION: (To include). is it included? Ye-94— No HAVE ALL A. 3OVE REQUIREMENTS BEEN MET? Yes No IF NO, WHICI i ITEMS NEED TO BE COMPLETED? f C 33Sa5 April 9, 2002 CITY COUNCIL AGENDA ITEM NO. to TO: Mayor and Members of the City Council FROM: Public Works Department I I APR 0 J 2002 SUBJECT: PROFESSIONAL SERVICES AGREEMENT FOR JA'"^^"Er STREET REHABILITATION FROM BISON AVENUE TO UNIVERSITY DRIVE RECOMMENDATION: Approve a Professional Services Agreement with Dewan, Lundin & Associates for professional engineering services for a contract price of $40,418. DISCUSSION: The Orange County Transportation Authority (OCTA) is issuing a special call for projects for the Arterial Highway Rehabilitation Program (AHRP). This call is based on a short time frame, and if funding were successfully obtained, the City would have to meet the deadline for designing the project and awarding it to a construction contractor within the next year. No time extensions are allowed for this Federal and State approval process. Certain segments of Jamboree Road are in need of rehabilitation. Based on the City's pavement management program,the segment between Bison Avenue and University Drive is in the worst condition. In order to meet the deadlines for constructing this project, the design needs to be started as soon as possible. Therefore, staff sent Requests for Proposals to three engineering firms and the following two responded: • Walden & Associates • Dewan, Lundin & Associates (DL &A) Staff independently reviewed the firms' qualifications, past experience on similar projects, and availability, before ranking DL&A the highest. Upon selection, staff negotiated with DL &A to provide the necessary scope of services for a fee of $40,418. These services include an aerial and ground survey, utility investigation and coordination, pavement rehabilitation design, signing and striping plans, environmental application, and Caltrans processing. SUBJECT: PROFESSIONERVICES AGREEMENT FOR JAMBOREE RO TREET REHABILITATION FROM BISON AVENU. UNIVERSITY DRIVE April 9, 2002 Page 2 The project construction costs are estimated to be $800,000 and the AHRP portion could be up to 50 percent of this cost, if the project receives grant funding. Funds are available in the Gas Tax Account No. 7181- C5100070, EIR/Preliminary Plans for the design costs. Respectfully submitte - P JwC WORKS DEPARTMENT Stephen G. Badum, Director i By: waawi / Bill Patapoff, F5.E . City Engineer Attachments: Professional Services Agreement 0 9 PROFESSIONAL SERVICES AGREEMENT FOR STREET REHABILITATION ON JAMBOREE ROAD FROM BISON AVENUE TO UNIVERSITY AVENUE THIS AGREEMENT, entered into this day of 2002, by and between the City of Newport Beach , a Municipal Corporation (hereinafter referred to as "City "), and Dewan, Lundin & Associates, whose address is 12377 Lewis St., Suite 101, Garden Grove, California, 92840, (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 street rehabilitation on Jamboree Road from Bison Avenue to University Avenue ('Project'). C. The City desires to engage Consultant to complete design services for the Project upon the terms and conditions contained in this Agreement. D. The principal member for the Consultant for purpose of this Project is Surender Dewan, P.E. 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 and conditions provided in this Agreement. -1- 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 _ day of , 2002, and shall terminate on the 30th day of June, 2003, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Consultant shall diligently perform all the duties set forth in the scope of services, attached hereto as 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 forty thousand four hundred eighteen and no /100 ($40,418). 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 progress invoices to City payable by City within thirty (30) days of receipt of invoice. 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. 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 to City that it has or shall obtain all licenses, permits, qualifications and approvals required of its profession. If Consultant is performing inspection or construction management services for the City, the assigned staff shall be equipped with a Nextel Plus -3- • • type cellular /direct connect unit to communicate with City Staff; consultant's Nextel Direct Connect 1. D. Number will be provided to City to be programmed into City Nextel units, and vice versa. Consultant further represents 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, acts of God, failure of City to furnish timely information or to promptly approve or disapprove Consultant's work, delay or faulty performance by City, contractors, or governmental agencies, or any other delays beyond Consultant's control. 5. INDEPENDENT PARTIES City retains Consultant on an independent contractor basis and Consultant is not an employee of City. The manner and means of conducting the work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. Nothing in this Agreement shall be deemed to constitute Consultant or any of Consultant's employees or agents to be the agents or employees of City. Consultant shall have the responsibility for and control over the details and 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 -4- 0 0 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 Surender Dewan to be its Project Manager. Consultant shall not bill any personnel to Project other than those personnel identified in Exhibit "B ", whether or not considered to be key personnel, without City's prior written approval by name and specific hourly billing rate. Consultant shall not remove or reassign any personnel designated in this Section or assign any new or replacement person to Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to removal or assignment of non -key personnel. Consultant, at the sole discretion of City, shall remove from Project any of its personnel assigned to the performance of services upon written request of City. Consultant warrants it will continuously furnish the necessary personnel to complete 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 Consultant shall perform the services 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 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 -5- 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, but not later than the date upon which performance is due. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays, which are beyond Consultant's control. 8.2 For all time periods not specifically set forth herein, Consultant shall respond in the most expedient and appropriate manner under the circumstances by telephone, fax, hand delivery or mail. 9. CITY POLICY Consultant shall 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 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 -6- 0 are desired. 12. HOLD HARMLESS �J Consultant shall indemnify, defend, save and hold harmless City, its City Council, boards and commissions, officers and employees from and against any and all loss, damages, liability, claims, allegations of liability, suits, costs and expenses for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, property damages, or any other claims arising from any and all negligent acts or omissions of Consultant, its employees, agents or subcontractors in the performance of services or work conducted or performed pursuant to this Agreement, excepting only the active negligence or willful misconduct of City, its officers or employees, and shall include attorneys' fees and all other costs incurred in defending any such claim. Nothing in this indemnity shall be construed as authorizing, any award of attorneys' fees in any action on or to enforce the terms of this Agreement. 13. INSURANCE Without limiting consultant's indemnification of City, and prior to commencement of 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 -7- described herein. Insurance policies with original endorsements indemnifying Project for the following coverages shall be issued by companies admitted to do business in the State of California and assigned Best's A- VII or better rating: A. Worker's compensation insurance, including "Wavier of Subrogation' clause, covering all employees and principals of Consultant, per the laws of the State of California. B. Commercial general liability insurance, including additional insured and primary and non - contributory wording, covering third party liability risks, including without limitation, contractual liability, in a minimum amount of $1 million combined single limit per occurrence for bodily injury, personal injury and property damage. If commercial general liability insurance or other form with a general aggregate is used, either the general aggregate shall apply separately to this Project, or the general aggregate limit shall be twice the occurrence limit. C. Commercial auto liability and property insurance, including additional insured (and primary and non- contributory wording for waste haulers only), 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). N • • 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, which Consultant shall look solely to its insurance for recovery. Consultant hereby grants to City, on behalf of any insurer providing workers compensation, comprehensive general, and automotive liability insurance to either Consultant or City with respect to the services of Consultant herein, a waiver of any right of subrogation, which any such insurer of said Consultant may acquire against City by virtue of the payment of any loss under such insurance. 14. PROHIBITION AGAINST TRANSFERS Consultant shall not assign, sublease, hypothecate or transfer this Agreement or any of the services to be performed under this Agreement, directly or indirectly, by operation of law or otherwise without prior written consent of City. Any attempt to do so without consent of City shall be null and void. The sale, assignment, transfer or other disposition of any of the issued and 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 M E 0 be construed as an assignment of this Agreement. Control means fifty percent (50 %) or more of the voting power, or twenty -five percent (25 %) or more of the assets of the corporation, partnership orjoint- venture. 15. OWNERSHIP OF DOCUMENTS Each and every report, draft, work product, map, record and other document reproduced, prepared or caused to be prepared by Consultant pursuant to or in connection with this Agreement shall be the exclusive property of City. Documents, including drawings and specifications, prepared by Consultant pursuant to this Agreement are not intended or represented to be suitable for reuse by City or others on any other project. Any use of completed documents for other projects and any use of incomplete documents without specific written authorization from Consultant will be at City's sole risk and without liability to Consultant. Further, any and all liability arising out of changes made to Consultant's deliverables under this Agreement by City or persons other than Consultant is waived as against Consultant and City assumes full responsibility for such changes unless City has given Consultant prior notice and has received from Consultant written consent for such changes. Consultant shall, at such time and in such forms as City may require, furnish reports concerning the status of services required under this Agreement. 16. CONFIDENTIALITY The information, which results from the services in this Agreement, is to be kept confidential unless City authorizes the release of information. 17. CITY'S RESPONSIBILITIES In order to assist Consultant in the execution of his responsibilities under this -10- 0 0 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. 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. C. City staff will provide usable life of facilities criteria and provide information with regards to deficient facilities. D. Pavement Evaluation Report. 18. ADMINISTRATION The Public Works Department will administer this Agreement. Bill Patapoff 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 -11- 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. 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. -12- 0 0 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 affected by the work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. B. If subject to the Act, Consultant shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for termination of this Agreement by City. Consultant shall indemnify and hold harmless City for any and all claims for damages resulting from Consultant's violation of this Section. 24. SUBCONSULTANT AND ASSIGNMENT Except as specifically authorized under this Agreement, the services included in this Agreement shall not be assigned, transferred, contracted or subcontracted without prior written approval of City. 25. NOTICES All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered personally or on the third business day after the deposit thereof in the United States mail, postage prepaid, first class mail, addressed as hereinafter provided. -13- • Ll All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: Bill Patapoff, City Engineer City of Newport Beach Public Works Department 3300 Newport Boulevard 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: Surender Dewan DUA 12377 Lewis Street, Suite 101 Garden Grove, Ca 92840 (714) 740 -8840 Fax: (714) 740-8842 26. TERMINATION In the event either part hereto fails or refuses to perform any of the provisions hereof at the time and in the manner required hereunder, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) days, or if more than two (2) days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) days after receipt by defaulting party from the other party of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the nondefaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. 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 SEE 0 0 provided herein. Upon termination of this Agreement, City shall pay to Consultant that portion of compensation specified in this Agreement that is earned and unpaid prior to the effective date of termination. 27. COMPLIANCES Consultant shall comply with all laws, state or federal and all ordinances, rules and regulations enacted or issued by City. 28. WAIVER A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein whether of the same or a different character. 29. INTEGRATED CONTRACT This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions hereon. Any modification of this Agreement will be effective only by written execution signed by both City and Consultant. 30. OPINION OF COST Any opinion of the construction cost prepared by Consultant represents his /her judgment as a design professional and is supplied for the general guidance of City. Since Consultant has no control over the cost of labor and material, or over competitive bidding or market conditions, Consultant does not guarantee the accuracy of such opinions as compared to contractor bids or actual cost to City. -15- • • 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 AutoCAD 2000 in ".dwg." file format. All written documents shall be transmitted to the City in the City's latest adopted version of Microsoft Word and Excel. 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. I[i :l 0 APPROVED AS TO FORM: City Attorney ATTEST: By: City Clerk 40 CITY OF NEWPORT BEACH A Municipal Corporation Tod W. Ridgeway CONSULTANT 0 Surender Dewan Principal f: \users\pbw\shared\agreements \fy 01- 02\dewan lundin- jamboree rehab..doe -17- E XA 15 IT I'A" PROJECT UNDERSTANDING The proposed project area is Jamboree Road from Bison Avenue to University Drive. The proposed project consists of rehabilitation of existing roadway. Services to be provided by Dewan, Lundin & Associates under this proposal encompass a full range of services. These services include the following: Design Survey Preparation of Street Improvement Plans Preparation of Signage and Striping Plans Project Specifications Estimate of Probable Construction Costs Jamboree Road between Bison Avenue and University Drive is a major arterial that serves the businesses and residents of Newport Beach. The curb to curb width of the street is 120 feet. The existing street is striped for three lanes in each direction with a 16 foot wide median divider in the center. A build up of overlays in the roadway over the years has resulted in a minimum (2 -inch) curb face in the median divider (Figure 1, Plate 1). There is an existing concrete walk on both sides of the street. No parking is permitted along this section of the roadway. The intersections of Jamboree Road and Bison Avenue, and Jamboree Road and University Drive are signalized. The existing sidewalk, curb and gutter are in extremely good condition. The only portion of sidewalk requiring replacement is approximately 800 feet south of University Drive at SCE pole 1729182E where a 10 foot by 12 foot section has lifted. There are existing handicap ramps at all intersections. Jamboree Road Street Rehabilitation Project Dewan, Lundin & Associates • Page f There is an existing storm drain system in the roadway. There are existing catch basins along the easterly and westerly curb and also along the median curb. During our field observation we also noticed the following utilities: • Overhead electrical behind the easterly sidewalk between University Drive and Camelback Street. • Underground electrical along the easterly sidewalk. • Underground telephone along the westerly sidewalk. • Gas main in the southbound direction. The existing pavement is in fair condition. However, portions of the roadway are experiencing some deterioration with longitudinal and early alligator cracking (Figure 1 and Figure 2, Plate 2). The pavement has been overlaid in the past as is evident by the minimal curb face. A 12 foot wide section of the pavement has been repaired in the northbound number three lane between University Drive and Camelback Street. While the rehabilitation of the Jamboree Road pavement is the primary focus of the project, the restoration of "disappearing" curb face along the existing landscaped medians is also of importance and will be addressed. It is the City's intent to provide for a minimum 6 -inch curb face. The existing median curb can be preserved and curb face restored if the pavement analysis report recommends that the existing pavement needs to be reconstructed. In the event the report recommends that existing pavement in the project area is adequate and only overlay is required, we will investigate the alternative of coldmilling a reasonable portion of existing pavement and replacing with rubberized asphalt pavement, thereby restoring if possible a 6 -inch curb face. If the structural design considerations and cross slope requirements dictate otherwise, the median divider curb and stamped concrete may require reconstruction. Reconstruction of existing landscape improvements, if any, is not included in the scope of work for this project. Jamboree Road Street Rehabilitation Project Dewan, Lundin & Associates • Page 2 0 0 PROJECTAPPROACH DESIGN REVIEW MEETING ■ In a consultation meeting with the City, the scope of work, procedure for the project and the precise limits of the project improvements will be reviewed. ■ Review with City Staff to obtain specific input related to City goals, and discuss preliminary issues. ■ Meet with City Staff on a continuous, as- needed basis throughout the design and construction phases to ensure that work is expeditiously carried out in keeping with the City's requirements. UTILITY COORDINATION ■ Notify all utilities at the start and at 50% design of the location and extent of the work to ensure that all structures are properly located on the plans. ■ Request utility companies to pothole at locations with the greatest likelihood of impacting the proposed construction. (If utility has prior rights, potholes shall be excavated as negotiated extra work.) ■ A copy of all correspondence with utility companies will be provided to the City. ■ Final plans will be sent to each affected utility company prior to bidding of the work along with notification of when work is anticipated to begin. ■ Proposed improvements will be coordinated with utility companies in the project area. Each utility company will be sent a "Utility Notification Letter' prior to commencement of preliminary design, preliminary improvements plans and final plans. DEFLECTION ANALYSIS ■ To be provided by the City of Newport :Beach DESIGN SURVEY ■ Locate beginning, intermediate and final bench marks. Locate and identify horizontal controls used. Set a total of five (5) aerial targets. ■ Conduct aerial survey. Aerial survey to show spot elevations and contours at 1 foot intervals. Jamboree Road Street Rehabilitation Project Dewar, Lundin & Associates • Page 3 0 0 ■ Mark limits of broken curb and gutter as well as defective sidewalk. ■ Conduct topographic survey and obtain street cross sections at 50 foot intervals. Street cross sections to show elevations at top of curb, gutter flowline, lip of gutter, edge of pavement, lane line, centerline, top of median curb, and finished surface at median curb. ■ Obtain street cross sections at all BCR's and ECR's. ■ A minimum of two (2) bench marks will be used. A bench circuit will be run and closure error established, if any. Each bench mark will be established on the plans and in the survey notes. ■ A report will be provided to the City containing all survey control and cross section notes. PRELIMINARY DESIGN - 70% DESIGN ■ Prepare base maps using computer aided drafting (AutoCAD Release 2000). Plot existing utilities, existing right -of -ways, etc. ■ Plot existing cross sections. ■ Superimpose proposed improvements over existing cross sections. ■ Check the proposed cross sections for accuracy of cross slope. If the proposed cross slope is less than the minimum required or more than the maximum permissible, revise the type of proposed treatment to the street surface. An effort will be made to provide a minimum of 3 -inch curb face at the median curb. ■ Develop alternate methods of achieving City's goals, giving consideration to existing pavement condition as determined by the pavement evaluation report. Repair, rehabilitation, partial and full replacement of existing pavement and replacement and reconstruction of median curb divider will be considered. ■ Prepare preliminary street improvement plans. ■ Prepare preliminary signage and striping plans in accordance with the State of California Department of Transportation Traffic Manual. ■ Prepare preliminary estimate of probable costs in tabular form. ■ Prepare environmental permit application for the project. FINAL DESIGN -100% DESIGN ■ Evaluate cross sections and profiles for drive quality. • Prepare final street improvements plans. In addition provide copies of all calculations, cross sections and other support data to the City. Jamboree Road Street Rehabilitation Project Dewan, Lundin & Associates • Page 4 0 0 ■ Title sheet will show: a Title a Vicinity and location map with plan sheet index and scale a Utility and plan legends a Bench marks, basis of bearings a General and master construction notes a Standard signature and title blocks o Utility notes, contact names and telephone numbers ■ Plan and profiles will include: a Topography between right -of -way and beyond as necessary a Right -of -way limit lines (existing and proposed) o Utility location plot a Construction notes and quantity estimates a Typical sections and details o Top of curb and centerline profile a Location of borings a Plot proposed cross sections at 50 foot intervals ■ Prepare final striping and signage plans. Final plans to include: a Removal and /or construction of existing and /or proposed traffic features where applicable o Traffic striping (traffic lanes, crosswalks, etc.) o Traffic signing a Pavement markings and markers ■ Prepare project specifications based on the latest edition of the Standard Specifications for Public Works. ■ Prepare final estimates of probable cost. ■ After final approval of project design the plans will be plotted on 4 mil thick mylar and delivered to the City along with IBM compatible disks. ■ Provide coordination of ARHP requirements with Caltrans including all necessary paperwork. CONSTRUCTION ASSISTANCE ■ Provide coordination during bidding process including answering bidders questions during the bidding phase. Jamboree Road Street Rehabilitation Project Dewan, Lundin & Associates • Page 5 0 0 • Provide assistance during construction consisting of plan interpretation and plan revisions resulting from changed conditions. ■ Prepare As -Built plans based on information provided by the City. QUALITY CONTROL PROCEDURES ■ The importance of review and checking cannot be overemphasized, given the extreme time constraints under which documents are often produce ■ Checking plays a central role in our quality assurance effort. 0 Documents are comprehensively checked at one or more milestones before they are completed. 0 A senior team member checks all documents before they are issued. a One person checks all important dimensions. o The person responsible for the drawings reviews the drawings, and the writer reviews the text. 0 Consultants review the documents produced by other contributors for coordination o The City reviews and approves the documents before they are issued. Jamboree Road Street Rehabilitation Project Dewan, Lundin & Associates • Page 6 0 PROJECT TEAM The most important element in the provision of professional services is the assignment of key personnel. Quality personnel and an effective management system combine to produce quality services. Accordingly, the following personnel have been assigned to this project. Surender Dewan, P.E. Walter Lundin, P.E., L.S. Hoang Nguyen Jon Safdari Charles Tuggle, L.S. Subconsultants Project Manager /Principal Quality Control /Principal Project Engineer CAD Designer Survey Party Chief Digital Mapping, Inc. Photogrammetric Services Jamboree Road Street Rehabilitation Project Dewan, Lundin 8 Associates • Page 7 Organization Chart for Jamboree Road Street Rehabilitation Project From Bison Avenue to University Drive City of Newport Beach Mr. Bill Patapoff, P.E. City Engineer Mr. Surender Dewan, P.E. Principal -in- Charge /Project Manager Dewan, Lundin & Associates i —bNZon Harrington ,, E.E 1 j Mr. Ali Aliyazicioglu Materia eerng Services I � Photogrammetric Services Mr. Walter Lundin, P.E., L.S. Quality Control Dewan, Lundin & Associates Digital Mapping Inc. Mr. Hoang Nguyen Project Engineer Dewan, Lundin & Associates Mr. Jon Safdan CAD Designer Dewan, Lundin & Associates Mr Charles Tuggle, L.S. Survey Party Chief Dewan, Lundin & Associates 2 -Man Survey Crew i Jamboree Road Street Rehabilitation Project Dewan, Lundin & Associates • Page 8 • • TENTATIVE DESIGN SCHEDULE Jamboree Road Street Rehabilitation Project From Bison Avenue to University Drive TASK DESCRIPTION APRIL MAY JUNE I JULY I AUGUST 1 23 4 f2 3d 1 234 1 23d Aerial Survey and Design Survey Deflection Analysis - Provided by the City Utility Coordination Preliminary Design Phase - 70% Design Prepare Base Maps Street Improvement Plans MEMO Signage and Striping Plans City Review of Preliminary Plans Final Design Phase - 100% Design Street Improvement Plans Project Specifications and Cost Estimates Project Complete Assumed Notice to Proceed - April 1, 2002 ♦ Project Complete End of July, 2002 Jamboree Road Street Rehabilitation Protect Dewan, Lundin & Associates • Page 19 • 0 RESOURCE REQUIREMENTS Jamboree Road Street Rehabilitation Project From Bison Avenue to University Drive PHASE OF WORK Project Manager 1 Project IAut CAD Engineer Desi g ner, Survey}Ciericai Crew 8% TOTAL HOURS PRELIMINARY DESIGN DEVELOPMENT 2 4 I 6 Survey Crew 10% 12 Subconsultent: DESIGN SURVEY Digital Mapping, Inc. 2 4 40 — 46 PRELIMINARY DESIGN PHASE - 70% DESIGN Base Maps 8 50 58 Utility Notification and Coordination 4 6 10 Street Improvement Plans 2 48 64 -- -- 114 Signage and Striping Plans 2 12 20 34 Estimate of Probable Costs 2 8 4 14 Environmental Permit Application 2 2 4 FINAL DESIGN PHASE - 100 %DESIGN Street Improvement Plans 2 8 24 34 Signage and Striping Plans 1 4 4 9 Coordination of ARHP Requirements with Caltrans 4 8 -- -- -- 12 SPECIFICATIONS, ESTIMATES & BID PACKAGE 4 14 -- -- 20 38 BIDDING & CONSTRUCTION PHASE ASSISTANCE 1 4 -- -- -- 5 AS -BUILT PLANS 2 4 8 14 TOTAL HOURS: 26 I 130 I 176 40 i 32 404 Percent of Work Hours Performed by Various Members of the Team by Designation PROJECT TEAM MEMBER PERCENTAGE OF WORK HOURS Project Manager 8% Project Engineer 34% AutoCAD Designer 46% Survey Crew 10% Clerical 2% Subconsultants Not Included Jamboree Road Street Rehabilitation Project Dewar, Lundin & Associates • Page 20 rl FEE PROPOSAL For Professional Civil Engineering Services Jamboree Road Street Rehabilitation Project From Bison Avenue to University Drive ITEM DESCRIPTION AMOUNT 1. Preliminary Design Development ..... ............................... $960.00 2. Design Survey .................. ............................... $6,940.00 3. Preliminary Design Phase ........ ............................... $17,460.00 4. Final Design Phase .............. ............................... $6,750.00 5. Assistance During Bidding Phase .... ............................... $440.00 6. As -Built Plans .................. ............................... $1,100.00 7. Printing Allowance ................ ............................... $500.00 Subtotal: $34,150.00 Subconsultants: Digital Mapping, Inc .................................................. $5,450.00 (Photogrammetric Services) Mark -Up 15% ........................... $818.00 Subtotal: $6,268.00 TOTAL NOT -TO- EXCEED FEE: ........................................ $40,418.00 SCHEDULE OF HOURLY RATES -2002 Dewan, Lundin & Associates Project Manager ....................... ............................... $100.00 Project Engineer ........................ ............................... $85.00 Design Engineer ........................ ............................... $75.00 CADD Designer ........................ ............................... $70.00 Senior Drafter .......................... ............................... $60.00 Senior Plan Checker ..................... ............................... $55.00 Construction Administrator ................ ............................... $58.00 Construction Observer ................... ............................... $50.00 Building Official ......................... ............................... $65.00 Building Plan Check Engineer .............. ............................... $60.00 Building Plan Examiner ................... ............................... $60.00 Building Inspector ....................... ............................... $50.00 Two -Man Field Party .................... ............................... $160.00 Three -Man Field Party .................. ............................... $185.00 Office Survey Manager ................... ............................... $75.00 Word Processor ........................ ............................... $40.00