Loading...
HomeMy WebLinkAboutC-3527(A) - Balboa Village Project Temporary EmploymentSETTLEMENT AGREEMENT AND RELEASE THIS SETTLEMENT AGREEMENT AND RELEASE ( "Agreement "), is entered into on and effective as of December 12., 2002 by and between Petitioner, BALBOA ARBOR SOCIETY, an unincorporated association ( "BAS ") and the CITY OF NEWPORT BEACH, a municipal corporation ( "City "). City and BAS are sometimes referred to herein individually as a "party" and collectively as "parties." RECITALS This Agreement is entered into by the parties based upon the following facts, understandings and intentions of the parties: 1. On July 8, 2002, in Balboa Arbor Society v. City of Newport Beach, Superior Court Case No. 02CC00178 ( "the Action "), Petitioner BAS filed a petition for writ of mandate under the California Environmental Quality Act ( "CEQA," Cal. Pub. Res. Code sections 21000 et seq.), alleging in pertinent part that the City's planned removal of 25 Ficus trees on Main Street in the Balboa Village, would violate CEQA and the City's G -1 Policy (regarding tree removals). 2. Subsequently, BAS sought an injunction to prevent the removal of the trees, and on August 27, 2002, the Superior Court issued a temporary restraining order barring the City from taking action to remove the Ficus trees. On September 16, 2002, following additional briefing and hearing on the BAS motion for preliminary injunction, the Superior Court denied the motion. The Superior Court found, inter alia, that the City had approved the removal of the 25 Ficus trees as part of the Balboa Village Improvement Project ( "BVIP ") on August 14, 2001, and that Petitioner's CEQA claim was not timely filed within the 180 day CEQA statute of limitations period after that approval. 3. On September 18, 2002, the City commenced the removal of the Main Street Ficus trees. BAS filed an urgency petition for writ and a stay in the Court. of Appeal that day, after most of the trees had been removed. The Court of Appeal issued an immediate stay to prevent the City from any further action to remove the trees. The City had, at the point when it received notice of the stay order, removed 23 trees and removed branches from the two trees that remained standing. The City ceased all further removals, and the two trees remain in place, as do the roots and stumps of all the trees. 4. The Court of Appeal, after additional briefing, issued an order indicating that it would treat the BAS petition for writ as a notice of appeal and ordering the parties, by December 4, 2002, to submit a briefing schedule and a proposed modification of the Court of Appeal's stay that would permit the City, at a minimum, to address its public health and safety concerns regarding the trees that have been cut down. 1 6 • 5. By stipulation of the parties, the matter has not proceeded to trial in the Superior Court, as the parties have awaited the Court of Appeal's determination on the BAS petition for writ. 6. After discussions regarding a briefing schedule and modification of the stay, the parties mutually concluded that settlement is the most efficient and practical way to resolve the matter at this point. Without any party admitting or denying the truthfulness of any of the allegations or claims raised between the parties, and without accepting any liability arising out of such claims, the parties to this Agreement now intend to settle the Action on the terms and conditions set forth in this Agreement. NOW, THEREFORE, in consideration of the mutual benefits of this Agreement, and for other good and valuable consideration, the parties hereby agree as follows: AGREEMENT 1. Purpose and Intent. It is the intent of the parties and the purpose of this Agreement, subject to the terms and conditions thereof, to fully and finally settle the Action. 2. Approval of Agreement. 2.1. BAS Execution of Agreement. BAS shall execute this Agreement and shall forward an original executed counterpart of this Agreement to the City at the address set forth in Section 10 below. BAS shall use good faith best efforts to forward its executed Agreement to the City by not later than close of business on December 11, 2002. 2.2. City Approval of Agreement. The Council shall meet in closed session to review this Agreement and, subject to its discretion and upon its approval thereof, the City Council shall authorize the City Manager to execute this Agreement on behalf of the City and shall forward an original executed counterpart to BAS at the address set forth in Section 10 below. The City shall use good faith best efforts to forward its executed Agreement to BAS by not later than December 12, 2002. In the event either party fails to approve and execute the Agreement as drafted, the Agreement shall be void and of no effect. 2.3 Effectiveness. This Agreement shall become effective upon execution by both Parties. 3. Dismissal of the Action. On December 13, 2002 BAS shall file and serve: (a) a dismissal with prejudice of the Action in the Superior Court and (b) a stipulation to the abandonment of the Appeal in the Court of Appeal. 4. Attorneys' Fees. Within three (3) business days of the filing by BAS of the dismissal of its petition and abandonment of its appeal, City shall convey to Stephen Miles, counsel for BAS, the sum of $56,000, in payment of Petitioner's 2 6 0 attorneys' fees and costs for the litigation of the Action, in the form of a check made payable to the law firm of Van Blarcom, Leibold, McClendon & Mann. 5. Remaining Main Street Ficus Trees. With respect to the two Main Street Ficus trees that have not been cut down, the parties agree as follows. 5.1.. Balboa Inn Tree. The City shall use good faith best efforts to preserve and maintain the remaining Main Street Ficus tree located in front of the Balboa Inn ( "the Balboa Inn tree "). Such good faith best efforts are anticipated to include root pruning, and construction of root barriers as necessary, to prevent further damage caused by the Ficus tree roots, watering as appropriate, trimming, and providing care and treatment as necessary to maintain the tree in good health and good and safe condition. The Balboa Inn tree shall be designated as a special memorial tree of the City and shall be afforded the greatest protection available under the existing G -1 Council Policy and any subsequently enacted tree ordinance. In the event such good faith best efforts fail to prevent the death or serious disease that will result in death of the Balboa Inn tree, and the tree must be removed, the City agrees that it will, at the discretion of the City Council, determine whether and how to replace the tree, or implement other reasonable mitigation for the loss of the tree. 5.2. Pharmacy Tree. The parties agree that the City, in its sole discretion, may remove the remaining Ficus tree located on the comer of Balboa and Main Street, in front of the Pharmacy ( "the Pharmacy tree "), and that the disposition of the tree, once removed, is entirely within the discretion of the City. 6. City Tree Ordinance. On or before the February 25, 2003, regularly scheduled City Council meeting, and following appropriate public notice, City staff shall bring to the City Council for approval, a recommendation to appoint a committee to commence a public process for the systematic review of the City's G -1 Policy with respect to the preservation and removal of trees within the City. The City Council shall also request the committee to consider and make recommendation for approval a binding Tree Ordinance. The City shall give serious consideration to forming for this purpose a committee that includes public members, and if it opts to do so, members of BAS residing in the City will be invited to apply for appointment to the committee. Nothing contained in this Agreement shall be deemed to restrict the discretion of the City Council to determine the appropriate means for addressing the City's tree policies, regulations, and ordinances. BAS and the City recognize and agree that the City, as a municipal entity, may enact, repeal, amend or otherwise alter its policies and ordinances consistent with the powers and authorities granted to the City by law.. Nonetheless, the City and BAS are in agreement that a Tree Ordinance would be a potentially salutary provision, and the City commits by this Agreement to undertake a review of its existing G -1 Policy and to consider in a timely manner the adoption of a city Tree Ordinance that would make 3 7 rI L removal of trees the City identifies as protected trees a violation of the City Municipal Code. 7. Release and Waiver. 7.1. Release of Claims by BAS. BAS hereby releases, acquits, and forever discharges City and its successors, assigns, departments, officials, employees, contractors, agents, representatives, and attorneys from any and all claims, demands, causes of action, obligations, and claims for damages, losses, costs, attorneys' fees and expenses of every kind and nature whatsoever (excepting only the attorneys' fees provided for in Section 4 of this Agreement), known or unknown, anticipated or unanticipated, fixed or contingent, which BAS may now have, or may hereafter claim to have, against the City as a result of things undertaken, done, or omitted to be done up to and including the date of this Agreement related to the subject matter of the Action, or in any way arising rising out of or in connection with: (a) the City's August 14, 2001 approval of the Balboa Village Improvement Project ( "BVIP "), (b) the implementation by the City of its approval of the BVIP, including but not limited to the approval of contracts, site preparation including ongoing tree removals, and construction activities, and (c) the commencement, prosecution or defense of the Action (collectively, "Released Claims "). 7.2. Release of Claims by City. City hereby releases, acquits, and forever discharges BAS and its successors; assigns, departments, officials, employees, contractors, agents, representatives, and attorneys from any and all claims, demands, causes of action, obligations, and claims for damages, losses, costs, attorneys' fees and expenses of every kind and nature whatsoever (excepting only the attorneys' fees provided for in Section 4 of this Agreement), known or unknown, anticipated or unanticipated, fixed or contingent, which City may now have, or may hereafter claim to have, against the BAS as a result of things undertaken, done, or omitted to be done up to and including the date of this Agreement related to the subject matter of the Action. 7.3. Civil Code Waiver. The parties hereby waive the protections of California Civil Code section 1542 which provides as follows: A General Release does not extend to claims, which the creditor does not know or suspect to exist in his favor at the time of executing the Release which, if known to him, must have materially affected his settlement with the debtor. Each party represents that it understands and acknowledges the significance and consequences of such specific waiver of section 1542, and hereby assumes full responsibility for any injuries, damages, or losses, which it may incur by such waiver. El 7.4. Covenant Not to Sue. BAS covenants and agrees that, from and following dismissal of the Action pursuant to Section 3, it shall forever refrain from instituting, prosecuting, maintaining, financing, proceeding on, participating in, encouraging, supporting, or advising or recommending to be commenced or prosecuted, any lawsuit, action or proceeding Qudicial, arbitration, or administrative) which arises out of, or is or may be, in whole or in part, based upon, connected with or related to any Released Claims pursuant to Section 7.1. The parties acknowledge and agree that this Agreement is a complete defense to any lawsuit, action or proceeding which may be instituted by or on behalf of BAS at any time and in which any Released Claims are or may be asserted. 7.5. Agreement Not To Impede the BVIP. BAS agrees that it, and its agents, attorneys, officers, and members, will not challenge, impede, or contest, by or in connection any lawsuit, action or proceeding Qudicial, arbitration, or administrative) the implementation, construction, or funding of the BVIP, or any activities of the City reasonably related to carrying out the BVIP; nor will they urge other persons to do so, or cooperate in any such efforts by other parties. 7.6. Non -BVIP Activity. Nothing in Section 7 prevents BAS or its members from commenting on, or bringing any action with respect to, the City's G -1 Policy and /or any future environmental documentation prepared by the City that is not related to implementation of the BVIP. 7.7 Complete Settlement. Subject to the provisions of this Agreement, this Agreement constitutes a fully binding and complete settlement between the parties. This Agreement includes binding contract rights and provisions. 7.8 No Admission. The parties acknowledge and agree that this Agreement and all further documents and actions are made in compromise of disputed claims and do not constitute, and shall not be construed as, any admission of liability or responsibility of any kind. 8. Attorneys' Fees for Enforcement of Agreement. In any action or proceeding at law or in equity between any of the parties to enforce or interpret any provision of this Agreement, each party shall bear all of its own costs, including attorneys' and experts' fees. 9. Acknowledgments and Warranties. The parties acknowledge that they have been represented by independent legal counsel throughout the negotiations that culminated in the execution of this Agreement. The parties further acknowledge that they have been fully advised by their attorneys with respect to their rights and obligations under this Agreement and understand those rights and obligations. The parties also acknowledge that, prior to the execution of this 5 Agreement, they and their legal counsel have had an adequate opportunity to make whatever investigation and inquiries were deemed necessary or desirable with respect to the subject matter of this Agreement. 10. Notice. Any notice or other communications made pursuant to this Agreement shall be in writing and shall be delivered personally or mailed by certified mail to the parties addressed as follows: City of Newport Beach: BAS: 3300 Newport Blvd. Stephen M. Miles, Esq. Newport Beach, CA, 92658 VAN BLARCOM, LEIBOLD, City Manager McCLENDON & MANN 23422 Mill Creek Drive Suite 105 Laguna Hills, CA, 92653 with copy to: Robert Burnham, City Attorney 3300 Newport Blvd. Newport Beach, CA, 92658 11. General Provisions. 11.1 Entire Agreement. This Agreement, including all recitals and exhibits hereto, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes any and all prior or contemporaneous understandings, negotiations, representations, promises and agreements, oral or written, by or between the parties with respect to the subject matter hereof. 11.2 Amendment. The provisions of this Agreement may not be amended, modified, or otherwise changed or supplemented except by a writing signed by duly authorized representatives of all parties to this Agreement. 11.3 Applicable Law. This Agreement shall be construed and enforced pursuant to the laws of the State of California. 11.4 Interpretation. This Agreement shall be interpreted and construed in the manner best calculated to carry out its purpose of achieving a settlement of the Action. Section headings in this Agreement are for ease of reference only and shall not affect the meaning or interpretation of any provision of this Agreement. As used herein: (a) the singular shall include the plural (and vice versa) where the context so requires; (b) locative adverbs such as "herein," "hereto," "hereof' and "hereunder' shall refer to this Agreement in its entirety and not to any specific section or paragraph; (c) the terms "include," "including" and similar terms shall be construed as though followed immediately by the phrase "but not limited to "; and (d) "shall" is mandatory and "may" is permissive. The parties have jointly participated in the negotiation and drafting of this Agreement, and this 11 Agreement shall be construed fairly and equally as to the parties, without regard to any rules of construction relating to the party who drafted a particular provision of this Agreement. 11.5 Severability. If any term or provision of this Agreement is ever determined to be invalid or unenforceable for any reason, such term or provision shall be severed from this Agreement without affecting the validity or enforceability of the remainder of this Agreement. 11.6 Further Actions Necessary to Carry Out Agreement. Each of the parties agrees to execute and deliver all further documents and to take all further actions reasonably necessary or appropriate to carry out the provisions of this Agreement. 11.7 Counting Days. All references in this Agreement to "days" shall mean calendar days unless expressly referred to as "business days." If the day for performance of any obligation under this Agreement is a Saturday, Sunday or legal holiday, then the time for performance of that obligation shall be extended to the first following day that is not a Saturday, Sunday or legal holiday. 11.8 Time of the Essence. Time is of the essence in this Agreement. 11.9 Duplicates and Counterparts; Facsimile Signatures. Agreement may be executed in duplicate originals, each of which shall be equally admissible in evidence. This Agreement may be executed in one or more counterparts, which when collectively executed by all of the parties shall constitute a single agreement. The parties shall be entitled to rely upon facsimile copies of the parties' signatures to this Agreement and any instrument executed in connection herewith. 11.10 Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the parties and their respective affiliates, successors and assigns. 11.11 Requisite Authority. The parties represent and warrant to each other that they have taken all requisite action to approve, authorize, execute and deliver this Agreement and that each person executing this Agreement on their behalf has all requisite power and authority to execute this Agreement and to bind the City, BAS and its members to the provisions of this Agreement. 11.12 Effectiveness. Notwithstanding any provision herein to the contrary, this Agreement shall not be effective unless and until it is executed by all parties. 7 IN WITNESS WHEREOF, City and BAS have executed this Agreement as of the reference date first above written. "City" CITY OF NEWPORT BEACH, .BASS, an Unincorporated Association a Municipal Corporation By: , — By: w—C Homer Vudau, City Manager Jan Vandersloot, Vice - President . 19:h%1R109w1_wr?M#11�r ATTEST: �EWPn- o� e �f LaVonne Harkless, City Clerk lJ "VAN BLARCOM, LEIBOLD, MCCLENDON & MANN" By: St phen M. Mites, Attorneys for BAS AS TO FORM: H. Burnham, City Attorney F:l users\ catlshared\ dalpleadingslBalboaArboMg1121202 .doc 0 a o z tj yo U o. U A O p my � a a as a a m a 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IT IS STIPULATED BY ALL PARTIES HERETO, THROUGH THEIR RESPECTIVE COUNSEL, AS FOLLOWS: 1. In accordance with California Rules of Court Rule 19(b), the Parties hereby stipulate to abandoning the appeal of the aforementioned case (Court of Appeal No. G031190). Dated: December 2002 Dated: December 2002 .. VAN BLARCOM, Lmow, MCCLENDON & MANN, P.C. By: STEPHEN M. MILES Attorneys for Petitioner Balboa Arbor Society LN NEWPORT BEACH Attorney of Newport Beach -I - STIPULATION FOR ABANDONMENT OF APPEAL , Case No. G031190 IN THE COURT OF APPEAL FOR THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT, DIVISION THREE BALBOA ARBOR SOCIETY, Appellant, V. CITY OF NEWPORT BEACH, Respondent. From the Orange County Superior Court, Case No. 02CC00178 The Honorable Ronald L. Bauer, Judge STIPULATION FOR ABANDONMENT OF APPEAL VAN BLaRcom, Lmom, McCLENDON & MANN A Professional Corporation Stephen M. Miles (State Bar No. 185596) John G. McClendon (State Bar No. 145077) 23422 Mill Creek Drive, Suite 105 Laguna Hills, California 92653 Telephone: (949)457 -6300 Telecopier: (949) 457 -6305 Attorneys for Appellant Balboa Arbor Society PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT, entered into this 13th day of November , 2002, by and between the City of Newport Beach , a Municipal Corporation (hereinafter referred to as "City "), and Psomas, whose address is 3187 Red Hill Avenue, Suite 250, Costa Mesa, California, 92626, (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 Balboa Village Improvements Phase 2 ( "Project'). C. City desires to engage Consultant to provide construction support services upon the terms and conditions contained in this Agreement. D. The principal members of Consultant are for purpose of Project are Gary Dysart and Neil Gillis. 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 -1- 0 0 in this Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM The term of this Agreement shall commence on the 13th day of November, 2002, and shall terminate on the 31 st day of December, 2003, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Consultant shall diligently perform construction support activities including, coordinating support activities of its subconsultants, attending construction meetings, reviewing shop drawings and RFI's, preparing specification addenda, revising drawings, and preparing as -built drawings. 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 fifty thousand dollars ($50,000). 3.1 Consultant shall maintain accounting records of its billings which includes 1PQl 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. The monthly invoice shall be accompanied by a progress report summarizing work performed in the last period. 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. 3.5 Notwithstanding any other paragraph or provision of this Agreement, beginning on the effective date of this Agreement, City may withhold payment of ten -3- • • percent (10 %) of each approved payment as approved retention until all services under this Agreement have been substantially completed. 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. 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 me 0 9 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 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 Neil Gillis 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 -5- 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 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. Consultant shall complete its review of shop drawings and other contractor and city submittals within ten calendar days of receipt of the submittals. 8.1 Consultant shall submit all requests for extensions of time for performance in writing to the Project Administrator not later than two (2) 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 ffa L telephone, fax, hand delivery or mail. 9. CITY POLICY 0 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 or his duly authorized designee informed on a regular basis regarding the status and progress of the work, activities performed and planned, and any meetings that have been scheduled or are desired. 12. HOLD HARMLESS Consultant shall indemnify, defend, save and hold harmless City, its City Council, boards and commissions, officers and employees from and against any and all loss, damages, liability, claims, allegations of liability, suits, costs and expenses for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, property damages, or any other claims arising from any and all negligent acts or omissions of Consultant, its employees, agents or subcontractors in the performance of services or work conducted or performed pursuant to this Agreement, excepting only the -7- 9 0 active negligence or willful misconduct of City, its officers or employees, and shall include attorneys' fees and all other costs incurred in defending any such claim. Nothing in this indemnity shall be construed as authorizing, any award of attorneys' fees in any action on or to enforce the terms of this Agreement. 13. INSURANCE Without limiting consultant's indemnification of City, and prior to commencement of work, Consultant shall obtain and provide and maintain at its own expense during the term of this Agreement policy or policies of liability insurance of the type and amounts described below and satisfactory to City. Certification of all required policies shall be signed by a person authorized by that insurer to bind coverage on its behalf and must be filed with City prior to exercising any right or performing any work pursuant to this Agreement. Except workers compensation and errors and omissions, all insurance policies shall add City, its elected officials, officers, agents, representatives and employees as additional insured for all liability arising from Consultant's services as described herein. Insurance policies with original certificates and 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 'Waiver of Subrogation" clause, covering all employees and principals of Consultant, per the laws of the State of California. B. Commercial general liability insurance original certificate and M 0 9 endorsement (which includes 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) per claim and annual aggregate. 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. In 0 0 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 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 still 0 0 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 Agreement, City agrees to provide the following: A. 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 -11- 0 1i reproduction company. All other reproduction will be the responsibility of Consultant and as defined above. CB City staff will provide usable life of facilities criteria and provide information with regards to deficient facilities. 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 authorized representative shall represent City in all matters pertaining to the services to be rendered pursuant to this Agreement. 19. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit and make transcripts or copies of such records. Consultant shall allow inspection of all work, data, documents, proceedings and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 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 SPA 0 rI failure to pay according to the terms of this Agreement. Consultant shall not discontinue work for a period of thirty (30) days from the date of withholding as a result of such withholding. Consultant shall have an immediate right to appeal to the City Manager or his designee with respect to such disputed sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of seven percent (7 %) per annum from the date of withholding of any amounts found to have been improperly withheld. 21. ERRORS AND OMISSIONS In the event of errors or omissions that are due to the negligence or professional inexperience of Consultant which result in expense to City greater than would have resulted if there were not errors or omissions in the work accomplished by Consultant, the additional design, construction and /or a restoration expense shall be borne by Consultant. Nothing in this paragraph is intended to limit City's rights under any other sections of this Agreement. 22. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other consultants in connection with Project. 23. CONFLICTS OF INTEREST A. Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act'), which (1) requires such persons to disclose financial interest that may foreseeably be materially 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. -13- 0 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. All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: Robert Stein, P.E. City of Newport Beach 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: Psomas 3187 Redhill, Suite 250 Costa Mesa, CA 92626 Attention: Neil Gillis, Project Manager (714) 751 -7373 Fax (714) 545 -8883 -14- 0 0 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 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 -15- 0 0 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. 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 51.1 0 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 the City's latest adopted version of AutoCAD 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. APPROVED AS TO FORM: By: City omey ATTEST: By,. �CJI a :l e - �lCt� iCIC� City Clerk CITY OF NEWPORT BEACH A Municipal Corporation By: / C l N K26 lz -}'m-e Print Name &AAZY /�',),'lJAC -i flusers\pbWvshared\balboa village phase 2 c- 3527psomas psa 02.doc -17- d a s MM R ) W � Z � x a w O R n a N r h y G C m •y, o m y y bb F D � A W V m m y a � ;ax R; u3 v M 'O } 0.1 V/ Q O N a 5 a N C O D v A 9 D. v 3 v 0 °o 0 a z W U F � G O G A E ti n F V T O O H C 7 � A % n 0.i c C °m m y ¢ � � C ❑ p Y Y U U ❑ m y F x s P F � 00 a - a F ❑ m N O � v Y x o ^ ry o 0 N N W� F G N N E C A � O O G � Q w bb S a N .4' ❑ Y Y E\ O A A❑ O A o y y o n z o °' o '� C c o ❑ V o v 5 ❑ I : Q 3 A O L F ` O Q � z ° 5 r I I I IZ I a .71 Ff o° 1 1 L I 5 a N C O D v A 9 D. v 3 v 0 °o 0 a Psomas Office Services Field Services • 0 EXHIBIT B EXHIBIT "B" Effective through January 31, 2003 Hourly Rates $ 45.00 - $ 65.00 - administrative support $ 70.00 - $ 95.00 - drafter /designer $ 85.00 - $115.00 - staff engineer $ 95.00 - $140.00 - planners, engineers and surveyors $140.00 - $185.00 - project management $130.00 - one -man survey party $190.00 - two -man survey party $270.00 - three -man survey parry $ 80.00 - $125.00 - field engineer Hourly rates for field survey parties include normal usage of electronic distance measuring equipment and survey vehicle expenses. SUBCONSULTANTS: Nuvis $135.00 - Senior Principal $115.00 - Principal $100.00 - SeniorAssociate $ 85.00 - Associate $ 75.00 - CADD Technician I $ 65.00 - CADD Technician 17 $ 55.00 - Draftsperson $ 60.00 - Administrative Austin -Foust $135.00 - Prnicipal $105.00 - Design Engineer $ 80.00 - $ 95.00 - Transportation Engineer $ 70.00 - Design Drafter $ 50.00 - $ 55.00 - Technical I Clerical Assistant C:\WINDOWS \Temporary lntemct Files \OLKl064 \CM LDC Fee Schedule through January'03.doc- Reimbursables Mileage at $365 per mile and parking expenses incurred by office employees are charged at cost. Prints, plots, messenger service, subsistence, air travel, and other direct expenses will be charged at cost plus ten percent. The services of outside consultants will be charged at cost plus fifteen percent. The above schedule is for straight time. Overtime (subject to client authorization) will be charged at 135 percent of the standard hourly rates. Sundays and holidays (also, subject to client authorization) will be charged at] 70 percent of the standard hourly rates. C: \WINDOWS \Temporary Internet Files \0LK1064 \CM LDC Fee Schedule through January'03.doc - N 0 V "i. 2 iuij') E CITY OF NEWPORT BEACH (CITY COUNCIL STAFF REPORT AGENDA ITEM NO. 12 November 12. 2002 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Bob Stein, P.E. 949 - 644 -3322 rstein@city.newport-beach.ca.us SUBJECT: BALBOA VILLAGE IMPROVEMENTS- PHASE ll, CONTRACT NO. 3527 APPROVAL OF PROFESSIONAL SERVICES AGREEMENT RECOMMENDATION: Authorize the Mayor and the City Clerk to execute a Professional Services Agreement with Psomas to provide construction engineering services for the Balboa Village Improvements Phase 2 for a fee of $50,000. DISCUSSION: Attached for your review and approval is the proposed Professional Services Agreement with the Psomas proposal to perform construction engineering services for Phase 2 construction of the Balboa Village. Tasks to be performed by Psomas, and its subconsultants Nuvis Landscape Architects and Austin Foust (lighting and traffic engineers), include preparing design modifications for roadway and boardwalk pavement, preparing landscape design revisions as requested, reviewing contractor shop drawings and requests for information, attending construction meetings and site visits to address technical questions, and preparing as -built drawings for the eight - month construction project. FUNDING: Funding for the Psomas Professional Services Agreement is available in the following accounts: Description Account No. Amount Balboa Village Plan 7181- C5100543 $ 9,603.66 Balboa Village Phase II 7161- C5100543 $40,396.34 Total $50,000.00 SUBJECT: BALBOA VILLAGE *OVEMENTS - PHASE II, CONTRACT NO. je APPROVAL OF PROFESSIONAL SERVICES AGREE November 12, 2002 Page 2 Funding for the construction engineering services is available from surplus funds from Phase 1 and value engineering savings achieved in modifying the pavement design on Main Street and Oceanfront. Environmental Review: (not applicable) Prepared by: Bob Stein, P.E. Project Manager Submitted by: Attachments: Professional Services Agreement with Psomas February 22, 2000 Council Report :n -G. Badum Works Director 0 0 DRAFT PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT, entered into this 13th day of November 2002, by and between the City of Newport Beach, a Municipal Corporation (hereinafter referred to as "City "), and Psomas, whose address is 3187 Red Hill Avenue, Suite 250, Costa Mesa, California, 92626, (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 Balboa Village Improvements Phase 2 ('Project'). C. City desires to engage Consultant to provide construction support services. upon the terms and conditions contained in this Agreement. D. The principal members of Consultant for purpose of the Project are Gary Dysart and Neil Gillis. 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 -1- i • in this Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM The term of this Agreement shall commence on the 13th day of November, 2002, and shall terminate on the 31 st day of December, 2003, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Consultant shall diligently perform construction support activities including, coordinating support activities of its subconsultants, attending construction meetings, reviewing shop drawings and RFI's, preparing specification addenda, revising drawings, and preparing as -built drawings. 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 fifty thousand dollars ($50,000). 3.1 Consultant shall maintain accounting records of its billings which includes -2- 0 0 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. The monthly invoice shall be accompanied by a progress report summarizing work performed in the last period. 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. 3.5 Notwithstanding any other paragraph or provision of this Agreement, beginning on the' effective date of this Agreement, City may withhold payment of ten -3- 0 0 percent (10 %) of each approved payment as approved retention until all services under this Agreement have been substantially completed. 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. 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 fumish 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 0 9 9 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 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 Neil Gillis 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 -5- 0 0 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. B. 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 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. Consultant shall complete its review of shop drawings and other contractor and city submittals within ten calendar days of receipt of the submittals. 8.1 Consultant shall submit all requests for extensions of time for performance in writing to the Project Administrator not later than two (2) 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 go 0 9 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 or his duly authorized designee informed on a regular basis regarding the status and progress of the work, activities performed and planned, and any meetings that have been scheduled or are desired. 12. HOLD HARMLESS Consultant shall indemnify, defend, save and hold harmless City, its City Council, boards and commissions, officers and employees from and against any and all loss, damages, liability, claims, allegations of liability, suits, costs and expenses for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, property damages, or any other claims arising from any and all negligent acts or omissions of Consultant, its employees, agents or subcontractors in the performance of services or work conducted or performed pursuant to this Agreement, excepting only the -7- 0 0 active negligence or willful misconduct of City, its officers or employees, and shall include attorneys' fees and all other costs incurred in defending any such claim. Nothing in this indemnity shall be construed as authorizing, any award of attorneys' fees in any action on or to enforce the terms of this Agreement. 13. INSURANCE Without limiting consultant's indemnification of City, and prior to commencement of work, Consultant shall obtain and provide and maintain at its own expense during the term of this Agreement policy or policies of liability insurance of the type and amounts described below and satisfactory to City. Certification of all required policies shall be signed by a person authorized by that insurer to bind coverage on its behalf and must be filed with City prior to exercising any right or performing any work pursuant to this Agreement. Except workers compensation and errors and omissions, all insurance policies shall add City, its elected officials, officers, agents, representatives and employees as additional insured for all .liability arising from Consultant's services as described herein. Insurance policies with original certificates and 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 "Waiver of Subrogation" clause, covering all employees and principals of Consultant, per the laws of the State of California. B. Commercial general liability insurance original certificate and ,r 0 0 endorsement (which includes 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) per claim and annual aggregate. 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. in 0 0 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 be construed as an assignment of this Agreement. Control means fifty percent (50 %) or more of the voting power, or twenty -five percent (25 %) or more of the assets of the corporation, partnership or joint-venture. 15. OWNERSHIP OF DOCUMENTS Each and every report, draft, work product, map, record and other document -10- 0 0 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 Agreement, City agrees to provide the following: A. 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 -11- 0 reproduction company. All other reproduction will be the responsibility of Consultant and as defined above. CB City staff will provide usable life of facilities criteria and provide information with regards to deficient facilities. 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 authorized representative shall represent City in all matters pertaining to the services to be rendered pursuant to this Agreement. 19. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit and make transcripts or copies of such records. Consultant shall allow inspection of all work, data, documents, proceedings and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. Kr�TA1I:L'191117P.[ey 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 -12- 0 failure to pay according to the terms of this Agreement. Consultant shall not discontinue work for a period of thirty (30) days from the date of withholding as a result of such withholding. Consultant shall have an immediate right to appeal to the City Manager or his designee with respect to such disputed sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of seven percent (7 %) per annum from the date of withholding of any amounts found to have been improperly withheld. 21. ERRORS AND OMISSIONS In the event of errors or omissions that are due to the negligence or professional inexperience of Consultant which result in expense to City greater than would have resulted if there were not errors or omissions in the work accomplished by Consultant, the additional design, construction and /or a restoration expense shall be bome by Consultant. Nothing in this paragraph is intended to limit City's rights under any other sections of this Agreement. 22. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other consultants in connection with Project. 23. CONFLICTS OF INTEREST A. Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act "), which (1) requires such persons to disclose financial interest that may foreseeably be materially 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. -13- 0 0 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. All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: Robert Stein, P.E. City of Newport Beach 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: Psomas 3187 Redhill, Suite 250 Costa Mesa, CA 92626 Attention: Neil Gillis, Project Manager (714) 751 -7373 Fax (714) 545 -8883 -14- 0 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 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 -15- different character. 29. INTEGRATED CONTRACT 0 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. 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 51101 a 0 0 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 the City's latest adopted version of AutoCAD 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. APPROVED AS TO FORM: By: City Attorney ATTEST: By: City Clerk CITY OF NEWPORT BEACH A Municipal Corporation 0 PSOMAS 0 Print Name fAusers�pbw\shareftalboa village phase 2 c- 3527Tpsomas psa 02.doc -17- O 0 Orr toe d m 0 aq r4 O �ST-C,T-; r) V, C) M c z 0 C) z p ;5 I F I 0 Orr toe d m 0 aq r4 O P S O M A S EXHIBIT "B" Effective through January 31, 2003 Costa Mesa - Land Development Consulting Office Services Field Services Hourly Rates $ 45.00 - $ 65.00 - administrative support $ 70.00 - $ 95.00 - drafter /designer $ 85.00 - $115.00 - staff engineer $ 95.00 - $140.00 - planners, engineers and surveyors $140.00 - $185.00 - project management $130.00 - one -man survey party $190.00 - two -man survey party $270.00 - three -man survey party $ 80.00 - $125.00 - field engineer Hourly rates for field survey parties include normal usage of electronic distance measuring equipment and survey vehicle expenses. SUBCONSULTANTS: Nuvis $135.00 - SeniorPrincipal $115.00 - Principal $100.00 - SeniorAssociate $ 85.00 - Associate $ 75.00 - CADD Technician 1 $ 65.00 - CADD Technician II $ 55.00 - Draftsperson $ 60.00 - Administrative Austin -Foust $135.00 - Prnicipal $105.00 - Design Engineer $ 80.00 - $ 95.00 - Transportation Engineer $ 70.00 - Design Drafter $ 50.00 - $ 55.00 - Technical/ Clerical Assistant ■ J V 1 -A A ri Reimbursables Mileage at $.365 per mile and parking expenses incurred by office employees are charged at cost. Prints, plots, messenger service, subsistence, air travel, and other direct expenses will be charged at cost plus ten percent. The services of outside consultants will be charged at cost plus fifteen percent. The above schedule is for straight time. Overtime (subject to client authorization) will be charged at 135 percent of the standard hourly rates. Sundays and holidays (also, subject to client authorization) will be charged at 170percent of the standard hourly rates. • i February 22, 2000 CITY COUNCIL AGENDA ITEM NO. 26 TO: Mayor and Members of the City Council FROM: Public Works Department SUBJECT: PHASING AND ESTIMATES FOR THE BALBOA VILLAGE PEDESTRIAN AND STREETSCAPE IMPROVEMENT PLAN (VILLAGE PLAN) AND THE BALBOA PIER PARKING LOT IMPROVEMENTS RECOMMENDATIONS: A. Direct staff to solicit proposals for professional services to: 1. Proceed with the design of the Balboa Pier Parking Lot per the Village Plan and the Austin -Foust Associates concept plan. 2. Proceed with the design of Balboa Boulevard from A Street to Adams Street per the Village Plan and Public Works Design Criteria for streets and drainage. 3. Proceed with the design for the Village Plan pedestrian and streetscape improvements. B. Direct staff to proceed with environmental clearances and permits. C. Direct staff to pursue forming a property owner- funded Underground Utility Assessment District. D. Direct staff as to the preferred option for the upgrade of Peninsula Park. DISCUSSION: Balboa Village Pedestrian and Streetscape Improvement Plan (Village Plan) The Village Plan was prepared by Planning and Urban Design Resources and presented to the City Council during the December 13, 1999, Study Session. Staff was directed to review the improvement plan, prepare a cost estimate, propose a funding plan, and prepare a project schedule. The Village Plan shows enhanced streetscape improvements for an area roughly bounded by Edgewater, Adams Street, Ocean Front and A Street. It includes improvements on Balboa Boulevard from Adams Street to A Street, as well as within a portion of Peninsula Park adjacent to Main Street. SUBJECT: Phasing and Estimator the Balboa Village Pedestrian and Streetscape Ini$rovement Plan and Pier Parking Lot Redesign February 22, 2000 Page 2 Coupled with the Village Plan is the proposed upgrade of the Balboa Pier Parking Lot per the concept plan prepared by Austin -Foust Associates. The parking lot concept plan was approved by the City Council in Study Session on October 25, 1999. This parking lot plan, in addition to the planned street and drainage improvements along Balboa Boulevard, will be combined with the Village Plan so they can be designed and environmentally cleared as one project. The combined design project will be submitted to the Coastal Commission in one application for overall approval. The construction can be phased as funding becomes available. The project is divided into 3 phases. Phase 1 would construct the Balboa Pier Parking Lot improvements, the Pier Plaza improvements, the Main Street connection to the A Street Parking Lot, and the Balboa Boulevard improvements. Phase 2 (which could be split into sub - phases depending on funding) would construct the Balboa Village streetscape improvements from Ocean Front to Edgewater. Phase 3 is a future project to construct improvements along Edgewater. The Village Plan also will require the acquisition of the 3000 square foot parcel on the southwest corner of Bay Avenue and Washington Street for parking. The Public Works Department reviewed the Village Plan traffic circulation concept and believes the following changes will be necessary: 1. The Village Plan calls for widening the sidewalk on both sides of Balboa Boulevard from 6 (or 8) feet to 14 feet. The resulting 40 -foot street width (curb to curb) would yield 4 lanes, each 10 -feet wide requiring vehicles in the outside lanes to drive in the 2 -foot gutter. Both outside lanes will be widened 2 feet to provide for a 10 -foot driving lane width. This modification would still allow for 12 -foot wide sidewalks along Balboa Boulevard. 2. Proposed angle parking on Balboa Boulevard will have a severe impact on traffic flow and will need to be eliminated. The angle parking would reduce Balboa Boulevard to one lane westbound and vehicles waiting for someone to leave or motorists backing out of a stall would block all traffic exiting the peninsula. 3. Several parking spaces near A Street need to be deleted in order to ensure access to County Sanitation District facilities. 4. The plan proposes to eliminate two, well -used commercial loading zones on Bay Avenue. At least one loading area must be maintained or commercial vehicles will be forced to park in a traffic lane. 5. During the design phase when precise dimensions of parcels and streets have been determined, adjustments in the plan will be made to conform to the City's design standards. SUBJECT: Phasing and Estimates O the Balboa Village Pedestrian and Streetscape Imp, vement Plan and Pier Parking Lot Redesign February 22, 2000 Page 3 With regard to an on -going odor problem at Bay Avenue at Washington Street, staff recommends that methane abatement measures be incorporated into the design of the streets. As an additional consideration, staff recommends that property owners be asked to participate in forming an Underground Utilities Assessment District to complete the upgrades in this neighborhood. The estimated cost of the assessment district is $1 million. The cost of the assessment district is not considered in the cost for the Village Plan. Total Project Cost A cost estimate was prepared for Phase 1 (Balboa Pier Parking Lot, Pier Plaza, connecting driveway to 'A' Street Parking Lot, and Balboa Boulevard) and Phase 2 (Balboa Village streetscape, excluding Edgewater). Costs for Phase 3 improvements along Edgewater are not included in the estimate. Quantities were estimated using the Balboa Village Improvement Plan prepared by Planning and Urban Design Resources and the Balboa Pier Parking Lot concept plan prepared by Austin -Foust Associates. The approximate cost for construction and property acquisition is $5 million. This estimate contains construction items that may not have been included in previous cost estimates such as demolition and removal costs, paving on Balboa Boulevard, irrigation, lighting conduit and conductors, methane abatement, and traffic signal modifications. This estimate also includes costs for property acquisition. The construction and property acquisition costs for Phases 1 and 2 are modified as shown in Table 1 to arrive at the Total Project Cost. Table 1: Total Project Costs Construction and Property Acquisition Costs Design engineering, permitting, environmental studies, and construction services (25% of construction costs) Total Project Cost without Contingency Contingency for unknown construction items that will be revealed during final design and construction (25% of construction costs). Total Project Cost with Contin $5,000,000 $1,250,000 $6,250,000 $1,250,000 $7,500,000 SUBJECT: Phasing and EstiA's for the Balboa Village Pedestrian and Streetscape Irnprovement Plan and Pier Parking Lot Redesign February 22, 2000 Page 4 The total project cost for Phases 1 and 2, including engineering design, construction services, property acquisition, and a 25% construction contingency, is estimated to be $7.5 million. Budget Requirements Table 2 shows the distribution of the costs for constructing the two phases of the Village Plan over the 4 -year time period estimated to complete the project. Table 2: Budget Requirements Task Description Task Cost' Recommended Budget per Fiscal Year 1999 -00 2000 -01 2001 -02 2002 -03 2003 -04 Engineering Design, Environmental $500,000 $500,000 Documents, Permits Phase 1 Pier Parking Lot $790,000 $790,000 Pier Plaza 120,000 $120,000 Lot A connecting driveway 50,000 $50,000 Balboa Boulevard 1,630,000 $1,630,000 Construction Services 310,000 $310,000 Total Phase 1 Cost $2,900,000 Phase 2 Property Acquisition $350,000 $350,000 Oceanfront to S/o Balboa Blvd. 1,150,000 $1,150,000 N/o Balboa Blvd. to Edgewater 2,080,000 $2,080,00( Peninsula Park improvements 80,000 $80,00( Construction Services 440,000 $440,000 Total Phase 2 Cost $4,100,000 Total Project Cost $7,500,000 $500,000 ' Task cost includes a 25 percent contingency. $0 $2,900,000 $1,940,000 $2,160,00( The current budget provides off - street parking funds and CDBG funds totaling $600,000 for the Balboa Pier parking lot and peninsula revitalization. $500,000 of this budgeted amount will be used for the preparation of the engineering design documents, environmental documents, and permit applications. The design would be prepared for both phases of the project at the same time. Design would begin in spring 2000. The design, environmental clearances, and permitting would be completed by July 2001. SUBJECT: Phasing and Estimates for the Balboa Village Pedestrian and Streetscape Improvement Plan and Pier Parking Lot Redesign February 22, 2000 Page 5 Construction would begin on Phase 1 in FY01 -02 at an estimated cost of $2,900,000. Phase 2 construction costs are approximately $4,100,000. Table 2 shows the funding for Phase 2 split over two fiscal years beginning in FY02 -03. The proposed improvements within Peninsula Park include upgrading the pavilion gazebo to a bandstand and providing uplighting on the existing palms. The cost for these improvements, as shown in Table 2, is $80,000. Another option envisions a more extensive refurbishment of the park to include a grass area around the bandstand for outdoor seating, relocation of the flight monument, new irrigation system, new landscaping, and new hardscape. While additional conceptual design is required to define costs, a rough estimate of cost ranges from $250,000 to $350,000. Maintenance Costs The cost for providing an enhanced level of landscape maintenance within the business district, including frequent pruning, daily litter removal, maintenance of 'color areas, and weekly adjustment of the irrigation, is approximately $1,200 per month. While additional review is required, it appears that the pavement and sidewalk enhancements will require increased routine maintenance to keep the surfaces clean. The cost per day for a steam cleaning crew and pollutant disposal is approximately $1,000. At 1 day per month the cost would be approximately $12,000 per year. Funding Sources As outlined in the December 13, 1999, staff report to the Mayor and City Council, the additional project costs can be partially funded from the Community Development Block Grant (CDBG), the Off - Street Parking Fund, and the Neighborhood Enhancement Reserve Fund as follows: The City may borrow against future CDBG allocations for approximately $2,000,000. 2. The Off - Street Parking Fund has a FY 1998 -1999 balance of $690,000, of which $430,000 is committed to the Balboa Pier Parking Lot. 1 The Neighborhood Enhancement Reserve Fund has a FY 1998 -1999 balance of $479,000, with anticipated annual receipts of approximately $240,000. 4. It is anticipated that $700,000 in Gas Tax funds will be available in FY 2001 -2002 for roadway related improvements. r5 SUBJECT: Phasing and Estimate r the Balboa Village Pedestrian and Streetscape Improvement Plan and Pier Parking Lot Redesign February 22. 2000 Page 6 Table 3 indicates funding sources for the project. Table 3: Funding Sources 1999 -00 2000 -01 2001 -02 2002 -03 2003 -04 Total Engineering Design & Environmental Documents Neighborhood Enhancement $250,000 Off Street Parking $250,000 Phase 1 - Balboa Blvd, Pier Parking Lot, Pier Plaza, A St. Parking Lot Driveway CDBG - Section 108 Loan $300,000 Off - Street Parking $690,000 Neighborhood Enhancement $460,000 Gas Tax $700,000 Parking Revenue Bond $750,000 Total Phase 1 $500,000 $0 $2,900,000 Phase 2 - Property Acquisition, Village Streetscape, Peninsula Park CDBG - Section 108 Loan Neighborhood Enhancement Parking Revenue Bond General Fund Total Phase 2 $1,700,000 $240,000 $240,000 $1,920,000 $0 $1,940,000 $2,160,000 Total $500,000 $0 $2,900,000 $1,940,000 $2,160,000 $7,500,000 Parking Revenue Bond In order to implement all of the Village Plan within 4 years, the City Council may wish to consider the use of revenue bonds or a similar financing tool to fund a portion of the project costs. In the past, the City has utilized new or increased revenues from a project to pay for the bonds. While the meters for the full length of the Peninsula generate approximately $1 million annually, including the $240,000 that is directed to the Neighborhood Enhancement Reserve, this project will result in minimal additional revenue due to the small number of meters being added. Should the City Council decide to use meter revenues to repay bonds, other General fund projects will need to be adiusted to offset the reoavments. If $2.67 million were raised through the issuance SUBJECT: Phasing and Estimates f tha Balboa Village Pedestrian and Streetscape Impr 0 ovement Plan and Pier Parking Lot Redesign February 22, 2000 Page 7 of a revenue bond at 7.5 %, the semi - annual payments would be approximately $150,000 for 15 years. After FY 2003 -2004, the Neighborhood Enhancement Reserve Fund could be reused to payoff the bond rather than the general fund. This would obligate Neighborhood Enchancement funds generated from the entire peninsula to one area of improvement for 15 years. Proiect Schedule Assuming the City Council approves initiation of the project and then authorizes design contracts in April 2000, construction could begin on Phase 1 by fall 2001. A conceptual schedule is shown as an attachment. The schedule is based on the following: 1. Environmental Clearance A 4 -month period to hire an environmental professional, prepare the environmental documents, a 30 -day public review period and final approval on a mitigated negative declaration. This will be done concurrently with the design. 2. Design Engineering A 9 -month period, concurrent with the Environmental Clearances procurement, to hire a civil engineering firm and prepare the design drawings and specifications. 3. Coastal Commission Permit A 6 -month period after completion of the design is expected for the application to be agendized for Coastal Commission hearing and approval. The Coastal Commission requires signed plans prior to starting the review process. Respectfully surrb/.mitt� W PUBLIC WORKS DEPARTMENT Don Webb, Director By:�Pn7 Robert Stein Senior Civil Engineer Attachments: Conceptual Schedule Preliminary Assessment District Estimate Exhibit Sharon Wood Assistant City Manager f:\ users\pbwJshared\ council \fy99- 00\february- 22\balboa village.doc I'. N m Z o s E a m E 7 O C U m y m O M w m O a Y N E m d v 0 0 6 A K K K N m N O FD Y - i N d 0 N 0 mo 3 � m N u y °m �3 dd a`o OI a 0 N O 9 y 0 o_ Nd a` a C3 m m M O ; N a d M � O O � Q Q A v d m W S r d N C � O N � O O NO � a IL m C3 C M W Q Q j O N a13 ° m w N wxo u CD L) QV1 N Nd ... .. .............. .. m J_ J c c E m d o 0 Oa 0 M I mww LL U d O U U m U O o° o o o . a I'. N m Z o s E a m E 7 O C U m y m O M w m O a Y N E m d v 0 0 6 A K K K N m N O FD Y - i N d 0 N 0 mo 3 � m N u y °m �3 dd a`o OI a 0 N O 9 y a` m m m m ; a o A v m W r r C � O IL m C m m O m a N E u m m c c E m c o 0 0 U > O U U o° o » m a E » c c C O O o o O U U E E E u v v Q m Z O 'yi m m m N C m V F W V a a 6 - N N I'. N m Z o s E a m E 7 O C U m y m O M w m O a Y N E m d v 0 0 6 A K K K N m N O FD Y - i N d 0 N 0 mo 3 � m N u y °m �3 dd a`o OI a 0 N O 9 y 0 0 N O Q O � rr NO Q d s N d M � °s N Q d n O N d N O � r c°v d Q d M W d Q � r IL S W Soo c� Q N n N 6 O J Q K W 0 co LU mVa O Q O N mU O o o r mm m a � CO W $ ° E y O : > E Cl) LL m c .a 10 a O m m m o 0 c o U O U U 0 g E + c c c E c o.o m m o m o o e '� Y m M O b Iq b h '6 a m0 U) N W .0 .!U 'd LL m 8 '90 6 IL h Aug -99 Utility Construction Southern California Edison Pacific Bell 0 (PRELIMINARY) ASSESSMENT DISTRICT 92 ESTIMATE (2200 ft @ $300) $660,000.00 $110.000.00 Subtotal Utility Construction $770,000.00 5% Contingency $38,500.00 TOTAL CONSTRUCTION $808,500.00 INCIDENTIAL EXPENSES: Edison Design Engineering $15,000.00 $15,000.00 Pac Bell Design Engineering $9,375.00 $11,000.00 Assessment Engineering $30,000.00 $35,000.00 Contract Inspection $1,000.00 $1,000.00 City Administration $3,000.00 $3,000.00 Printing, Advertising, Notices $1,000.00 $1,000.00 Bond Printing, Reg. & Servicing $1,000.00 $1,000.00 Filing Fees $500.00 $500.00 Subtotal Incidential Expenses $67,500.00 Contingency 5% $3,375.00 Construction $80 .5� 00 on Subtotal Incidential & Construction $879,375.00 FINANCIAL COSTS Bond Council $4,000.00 $4,000.00 Bond Discount 2.5% $21,984.38 Bond Reserve 5.0% $43,968.75 Capitalized Interest 6.0% $52,762.50 Paying Agent $2,500.00 $2.500.00 Subtotal & Financial Costs $125,215.63 TOTAL ESTIMATE $1,004,590.63 0 ®y r� I.-- N f� cc O ° > ~ m . m V N I ^ tn (L cc U %- Ln Q a' ® O Z Q cv m a W Cr Z in F) tL (1) L W cr ►- u o Ln cc a Li cam Z m La! N W z v w m CL Ir O 0: cm a cL ca W� z 0 ®y r� 1S { ]Cd !S Nrw is .e. !UA W O J m m 0 i r. I I i I 6213Id HOEIEEE T U D O O W w i W� J I � I®OI� I I I � I I I i 1S { ]Cd !S Nrw is .e. !UA W O J m m 0 i r. I I i I 6213Id HOEIEEE T CITY OF NEWPORT BEACH 4�EW POq COMMUNITY AND ECONOMIC Hearing Date: December 13, 1999 0 DEVELOPMENT Stud • .. n PLANNING DEPARTMENT y Session 4 = Agenda Item No 3300 NEWPORT BOULEVARD Staff Person: Daniel R. Trimble NEWPORT BEACH, CA 92658 - (949) 644 -3230 (949) 644.3200; FAX (949) 6443150 REPORT TO THE MAYOR AND CITY COUNCIL t a a D PROPOSAL: Balboa Village Pedestrian and Streetscape Improvement Plan. SUMMARY:. Review design alternatives as presented by the design consultant for the Balboa Village Pedestrian Plan. Review phasing and funding plan presented by staff. SUGGESTED ACTION: 1. Provide direction to staff on a design alternative to present for City Council consideration at a regular meeting; and 2. Provide direction to staff on the phasing and funding plan. • Background On April 30, 1999 the Promote Revitalization of Our Peninsula (PROP) City Council Sub - Committee recommended the development of a Balboa Village Pedestrian Plan. The objectives of the Plan were to improve the pedestrian links between the Balboa Pier Lot (Beach front) and the commercial uses in the village (Bay front), widen the sidewalks on Balboa Boulevard and Washington Street, and maintain or improve the amount of parking close to the theater, restaurants and stores. Discussion Staff has worked with Mr. Ron Baers of Planning and Urban Design Resources to develop an improvement plan. Mr. Baers has presented his design recommendations to community associations, business representatives, various city staff, and PROP. The PROP committee has reviewed these plans and recommended that the full Council review them at a Study Session. In response to some staff concerns regarding angled parking and turning movements, Mr. Baers has developed a second design alternative. The Plans, a narrative summary, and budget estimates prepared by Mr. Baers are attached. Staff has prepared a list of funding opportunities for the three implementation phases recommended by the consultant. The recommendation is that Phase One include the Balboa Boulevard Right of (• Way and everything south (to the ocean front), Phase Two would include everything in between Balboa Village Pedesniao Plan Dccernb r 13, 1999 Page 1 0 • Balboa Boulevard and Edgewater, and Phase Three would included all Edgewater improvements. Total estimated funding for all phases of improvements is approximately $3,290, 000. Funding Opportunities ` Three sources of funding other then the general fund are available for this project — Community Development Block Grants, the Off - Street Parking Fund, and the Neighborhood Enhancement Reserve Fund. These are the same funding sources that were presented to the City Council with the recommendations for the Balboa Peninsula Financing and Community Outreach Program on April 28 1997. The Council passed several motions following the recommendations in the plan, the major exception being the elimination of the redevelopment agency as a possible funding source. The following table shows the cost estimates for each phase as well as identified funding opportunities. The figures in the table assume that construction would begin in fall 2000 about the same time as the Balboa Pier Lot. The total CDBG commitment for the project would be $1,989,000 over the three years. In order to accomplish this the City could borrow against future CDBG allocations by securing a Section 108 loan from the Department of Housing and Urban Development. The 108 program allows you to borrow up to five times the amount of your annual entitlement. The City currently receives about $500,000 annually, meaning that we could borrow up to $2,500,000. Repayment can be extended up to 20 years. Of our $500,000 entitlement, there are approximately $250,000 - 275,000 available to fund economic development projects annually. This would require a minimum ten to eleven year commitment to repay the loan. A longer repayment term would leave some funds available for annual allotment. These amounts do not include interest on the loan, but the fund does use below market rates. Page 2 9 1999 -00 2000 -01 2001 -02 2002 -03 Totals Phase One — Balboa to Pier Lot CDBG — Section 108 Loan $250,000 $1,311,000 Off - Street Parking 100,000 Enhancement 250,000 250,000 -Neighborhood Total Phase One $2,161,000 Phase Two — Balboa To Edgewater CDBG $328,000 Off- Street Parking 100,000 Enhancement 400,000 -Neighborhood Total Phase Two $828,000 Phase Three — Edgewater CDBG $100,000 Neighborhood Enhancement 200,000 Total Phase Three $300,000 Total $3,289,000 The total CDBG commitment for the project would be $1,989,000 over the three years. In order to accomplish this the City could borrow against future CDBG allocations by securing a Section 108 loan from the Department of Housing and Urban Development. The 108 program allows you to borrow up to five times the amount of your annual entitlement. The City currently receives about $500,000 annually, meaning that we could borrow up to $2,500,000. Repayment can be extended up to 20 years. Of our $500,000 entitlement, there are approximately $250,000 - 275,000 available to fund economic development projects annually. This would require a minimum ten to eleven year commitment to repay the loan. A longer repayment term would leave some funds available for annual allotment. These amounts do not include interest on the loan, but the fund does use below market rates. Page 2 9 0 F The Off - Street Parking Fund could be used to fund additional improvements to the Balboa Pier Lot • as well as the A Street and Palm Street/Bay Avenue Lots for a total of $200,000. The fund had a FY 98 -99 balance of $690,000 of which $400,000 is committed to the Pier Lot. The total cost of • the Pier Lot project is estimated to be $663,000. This fund should be replenished, but with half the amount as before. The other half is now going to the Neighborhood Enhancement Reserve Fund. Finally, the Neighborhood Enhancement Reserve Fund could be used to fund the remaining costs, approximately $1,100,000, including any portions that may not fit the requirements of the CDBG or Off - Street Parking Fund guidelines. The fund had a FY 98 -99 balance of $479,000 with anticipated annual receipts of $240,000. This would leave the fund with an approximate balance of $339,000 after the 2002 -03 fiscal year. Submitted by: SHARON Z. WOOD Assistant City Manager Prepared by: DANIEL R. TRIMBLE Associate Planner Attachments: Narrative Summary, Design Alternatives, and Budget Estimates F:\Users\P1.M Shared \BPRP\PROP\RFPORTVacarsPlm 1213.d6c Page 3 0 0 BALBOA VILLAGE IMPLEMENTATION PLAN FOR STREETSCAPE AND PEDESTRIANS City of Newport Beach COUNCIL WORKSHOP PACKAGE GI 0 (41 (0 ; • CONTENTS page Project Goals and Implementation Actions I Major Constraints 2 Reviews 2 Parking Study 3 Altemative 'A' q Alternative B' 5 Palm Street Parking Lot Frontage 6 Balboa Blvd Streetscape 7 Street Cross Sections g Cost Estimate 10 u V S BALB ®A VILLAGE IMPLEMENTATION PLAN FOR STREETSCAPE AND PEDESTRIANS PROTECT GOALS AND IMPLEMENTATION ACTIONS 1. IMPROVE PEDESTRIAN ACCESS BETWEEN BEACH AND BAY 2. IMPROVE PEDESTRIAN ACCESS BETWEEN PIER PARKING LOT AND VILLAGE a. Improve Palm St., Washington St. and Main St. pedestrian walks and extend them through Pier Parking Lot to connect village with parking b. Create Balboa Pier Plaza as distinctive meeting, place, and entry to the pier by providing enhanced paved plaza, lighting for plaza and pier, seating, bike racks, and relocate flight monument. c. Convert Washington St. to pedestrian way from Balboa Blvd. to Edgewater, with enhanced paving, fountains, street trees, planters and flowering vines d. Enhance Main St. as pedestrian way from pier to Edgewater with enhanced paving, planters, street trees and coordinated lighting and street furniture e. Consolidate concession booths on Edgewater to open visual access to bay f. Connect `A' street parking lot to Main St. with exit only lane integrated into parking improvements g. Extend sidewalk and street trees on north side of Balboa Blvd. between Adams St. and Palm St. h. Improve Oceanfront walkway with landscaping, lighting, and enhanced paving 3. ENHANCED BUSINESS ENVIRONMENT OF BALBOA VILLAGE a. Widen sidewalks on Balboa Blvd. and Washington St. b. Improve village parking by: • Converting Bay Ave. from Main St. to Palm St. into a parking zone with efficient layout, increased spaces, and landscaping c. Improve pedestrian environment throughout village by:, • Street trees and tree grates, with palms on perimeter and canopy trees within village • Pedestrian scale lighting • Coordinate street furniture with a village theme that recognizes " tight" village spaces — rounded trash containers and planters, light- benches, all in complementary materials, textures and colors • Enhanced paving for all major walks • Special paving treatments for key intersections / �o 1. `. • d. Enhance village entrances by: • Flowering tree clusters and flowering vines • Bike racks • Signage e. Implement special treatment projects, including: • Palm Street Parking Lot — enhance Balboa Blvd. frontage by creating a distinctive meeting place, with clock tower, Balboa sign, trellis with flowering vines, shade trees and seating • Peninsula Park — create a distinctive village green with grass sitting area for outdoor concerts, upgrade bandstand, special lighting of existing trees and enhancement of various monuments in the park, all accessed from main walkway f. Improve alleys throughout village by: • Enhanced paving • Landscaping • Lighting g. Enhance Bayfront environment for pedestrians by: • Encourage outdoor dining and sitting areas along the Bayfront • Provide comfortable seating and coordinated street furniture and lighting l� MAJOR CONSTRAINTS INCLUDE • Narrow streets and sidewalks • Maintaining access for emergency vehicles • Lack of drainage system to accommodate high tides • Maintaining access to county sewer in Balboa Boulevard REVIEWS CONDUCTED DURING THE PLANNING AND DESIGN PROCESS INCLUDED • BMOA Balboa Merchants/Owners Association • BPPA Balboa Peninsula Point Association • PROP Promote Revitalization of Our Peninsula Ad -Hoc Committee • BPATF Balboa Performing Arts Theater Foundation • City Departments including Planning, Public Works, Park and Tree Maintenance, General Services, Fire and Marine 2. 7 0 BALBOA VILLAGE BALBOA BOULEVARD SIDEWALK WIDENING/PARKING STUDY 0 Description Existing Adopted Alternative A Change Alternative B Change BALBOA BLVD. On Street 44 21 -23 19 -25 Lot 0 0 0 0 0 BAY AVE. On Street 21 25 +4 25 +4 Lot 7 17 +10 22 +15 PALM ST.LOT 39 39 0 47 +9 SUBTOTAL 111 102 -9 113 +2 PIER LOT - Existing 665 719* +54 719' +54 PIER LOT - Plan 6A 705 TOTAL 776 821 +45 832 +56 *Revision to Plan 6A I 1, 3. T 0 B� o BLS. PLAN BALBOA BLVD. ELEVATION PALM STREET PARKING 6 LOT FRONTAGE �;< <'' ;.:- E[ � . -.dam -d 'i. �1.4r•. •1 6 ���' all 0 r� B A L B O A VILLAGE Balboa Village Fstimataale Pagel W29199 IMPLEMENTATION PLAN .. FOR STREETSCAPE AND PEDESTRIANS COST ESTIMATE :Description Quantity 1. Enhanced Sidewalk < 2,237 I.f. Enhanced Concrete 7.50 Pavers 16,777.50 Washington Ave. a. Public Washington Ave. 9,250 s.f. $ 11.00 101,750.00 $ 8.50 Oceanfront 15,266 s.f. $ 11.00 167,926.00 $ 8.50 129,761.00 Balboa Blvd. 24,971 s.f. $ 11.00 274,681.00 $ 8.50 212,253.50 Washington Ave. 3,980 s.f. $ 11.00 43,780.00 $ 8.50 33,830.00 All others 33,774 s.f. $ 11.00 371,514.00 $ 8.50 287,079.00 b. Private s.f. $ 11.00 49,379.00 $ 8.50 38,156.50 between Main St. and Washington Edgewater 20.218 s.f. $ 11.00 222,398.00 $ 8.50 171.853.00 2. Enhanced Streets 2,237 I.f. $ 7.50 $ 16,777.50 Washington Ave. 205 Washington Ave. 9,250 s.f. $ 11.00 101,750.00 $ 8.50 78,625 Main St. 14,892 s.f. $ 11.00 163,812.00 $ 20.00 297,840 Crosswalks 3,543 s.f. $ 11.00 38,973.00 $ 20.00 70,860.00 3. Alley Beautification between Hotel and Theatre 4,489 s.f. $ 11.00 49,379.00 $ 8.50 38,156.50 between Main St. and Washington 1,364 s.f. $ 11.00 15,004.00. $ 8.50 11,594.00 111a; g; ggpil 1: 3 9 5i5 4. Themedi_grsertions a. Intersections on Balboa Boulevard Adams Street 2,455 s.f. $ 11.00 27,005.00 $ 20.00 49,100.00 Palm Avenue 3,744 s.f. $ 11.00 41,184.00 $ 20.00 74,880.00 Washington Ave. 1,810 s.f. $ 11.00 19,910.00 $ 20.00 36,200.00 Main St. Street 2,405 s.f. $ 11.00 26,455.00 $ 20.00 48,100.00 A' Street 4,982 s.f. $ 11.00 54,802.00 $ 20.00 99,640.00 b. Others Palm Street at Bay Avenue 2,306 s.f. $ 11.00 25,366.00 $ 20.00 46,120.00 c. Pedestrian Entries on Oceanfront Adams Street 868 s.f. $ 11.00 9,548.00 $ 20.00 17,360.00 Main St. Street 620 s.f. $ 11.00 6,820.00 $ 20.00 12,400.00 5. . • 0 $jF a a,'n0. 3l�P $ 8.50 • K mom tt Balboa Blvd. 2,237 I.f. $ 7.50 $ 16,777.50 Washington Ave. 205 l.f. $ 7.50 $ 1,537.50 Palm Street 1,260 I.f. $ 7.50 $ 9,450.00 Bay Ave 1,158 11 $ 7.50 $ 8,685.00 11101 /.b B A L B O A VILLAGE Balboa Village CO 11129199 Paget e2 IIR9l99 IMPLEMENTATION PLAN FOR STREETSCAPE AND PEDESTRIANS COST ESTIMATE Quantitj Unit*, Price Estimated Cost Comments C.SOFTSCAPE 40 ea. $ 3,500.00 140,000.00 Main St. 1. Rox Trees - Assumed costs- 24" box = 5195. 36" box = S700: 48" box = $1500• Planting at 20' o c. ea. $ 3,500.00 94,500.00 Bay Ave. 18 ea. Balboa Blvd. 54 ea. $ 1,500.00 81,000.00 Main St. 28 ea. $ 1,500.00 42,000.00 Washington Ave. 30 ea. $ 1,500.00 45,000.00 Bay Ave. 13 ea. $ 1,500.00 19,500.00 Oceanfront 6 ea. $ 1,500.00 9,000.00 Palm St. Parking Lot 8 ea. $ 1,500.00 12,000.00 Palm St. Parking Trellis 5 ea. $ 1,500.00 7,500.00 Entry on Balboa at Adams 4 ea. $ 1,500.00 6,000.00 Entry on Balboa at'A' 4 ea. $ 1,500.00 6.000.00 2. Palm Trees - Assumed costs- Washinotonia = $25 per ft King Palm = $100 per ft Assumed Height = ]Oft Palm Ave. 18 ea. $ 250.00 4,500.00 Wwhingtonia Edgewater 1 ea. $ 1,000.00 1,000.00 King Palm 3. Vines - Washington Ave. 9 ea. $ 30.00 270.00 15 gallons -Tmml Palm St. Parking Trellis 8 ea. $ 30.00 240.00 15 gallons - lasmh TOTAL SOFTSCAPE $ 234 010.00 D. STRUCTURES 1. Trellis at Palm Parking 1 ea. $10,000.00 10,000.00 2. Clock Tower 1 ea. $30.000.00 30.000.00 E. LIGHTING 1. Street Light Balboa Ave. 40 ea. $ 3,500.00 140,000.00 Main St. 21 ea. $ 3,500.00 73,500.00 Washington Ave. 27 ea. $ 3,500.00 94,500.00 Bay Ave. 18 ea. $ 3,500.00 63,000.00 Oceanfront 16 ea. $ 4,000.00 64,000.00 Palm St. 23 ea. $ 3,500.00 80,500.00 Edgewater 12 ea. $ 3,500.00 42,000.00 Balboa Pier Plaza 6 ea. $ 4,000.00 24,000.00 2. Wall Light - Theater alley 5 ea. $ 750.00 3. Up Lights- Peninsula Park 32 ea. $ 1,300.00 4. Fiber Optic Lights Theater 15 ea. $ 300.00 4,500.00 Hotel 3 ea. S 300,00 900.00 Pavilion ��`.-t Mm; 15 ea. S 300 .DD 4,500.00 Tl�T i T i�T/ a LPL 9rn nA �J 0, (/ ,0 B A L B O A VILLAGE Balboa Village Cost Fstima 9 Pagc3 t 12419M9 IMPLEMENTATION PLAN • FOR STREETSCAPE AND PEDESTRIANS COST ESTIMATE Description Quantity Unit Price Estimated Cost Comments or Alternatives F. STREET FURNITURE I I ea. $ 655.00 7,205.00 TimberForm - Renaissance 32 gallon Main St. 9 1, Benches $ 655.00 5,895.00 TimberForm - Renaissance 6' TimberForm - Restoration 6' Balboa Ave.. 6 ea. $ 775.00 4,650.00 $ 1,130.00 6,780.00 Main St. 14 ea. $ 775.00 10,850.00 $ 1,130.00 15,820.00 Washington Ave. 15 ea. $ 775.00 11,625.00 $ 1,130.00 16,950.00 Edgewater 24 ea. $ 775.00 18,600.00 $ 1,130.00 27,120.00 Palm St. Parking - Trellis Area 7 ea. $ 775.00 5,425.00 $ 1,130.00 7,910.00 2. Trash Receptacles Balboa Ave. I I ea. $ 655.00 7,205.00 TimberForm - Renaissance 32 gallon Main St. 9 ea. $ 655.00 5,895.00 TimberFonn - Renaissance 32 gallon Washington Ave. 6 ea. $ 655.00 3,930.00 TimberForm - Renaissance 32 gallon Oceanfront 4 ea. $ 655.00 2,620.00 TimberForm - Renaissance 32 gallon Palm St. 6 ea. $ 655.00 3,930.00 TimberForm - Renaissance 32 gallon Edgewater 12 ea. $ 655.00 7,860.00 TimberForm - Renaissance 32 gallon 3. Planters Balboa Ave. 6 ea. $ 86.10 516.60 Concrete Design Inc.: 28" Pueblo Cl 1-2; Main St. 27 ea. $ 86.10 2,324.70 Concrete Design Inc.: 28" Pueblo Cl 1 -2: Washington Ave. 13 ea. $ 86.10 1,119.30 Concrete Design Inc.: 28" Pueblo C 1-2: 4 4. Bollards - Theater Alley 5. Bicycle Racks 6. Tree Grates 4 ea, $ 190.00 TimberForm 2193 w/ chain • 11 �t!a''� ` E "19s. • ! 1�.LfY!'lYlliS''�i1` !?rT7YL 170 ea. $ 564.00 11,05=0n- V.VI);aIRONSMITH - CONQUISTADOR TOTAL STREET FURNITURE $ 210 736.60 GRAND TOTAL $ 3,289,632.60 CATEGORY SUMMARY A. HARDSCAPE $ 2,125,836.00 B. CURB RE -BUILD $ 42,300.00 C. SOFfSCAPE $ 234,010.00 D. STRUC'T'URES $ 40,000.00 E. LIGHTING $ 636,750.00 F STREET FURNITURE 210 736 60 CATEGORY TOTAL $ 3,289,632.60 17 12. BALBOA VILLAGE IMPLEMENTATION PLAN FOR STREETSCAPE AND PEDESTRIANS COST ESTIMATE PHASING PHASE ONE FROM OCEAN AVENUE TO BALBOA PALM AVENUE WASHINGTON AVENUE MAIN STREET BALBOA BOULEVARD BAY AVENUE TEST PIER PLAZA PHASE TWO FROM BALBOA TO EDGEWATER PALM STREET WASHINGTON AVE MAIN STREET BAY AVENUE PERMANENT EDGEWATER 90 �.a`d°'i^. Balboa Village Cost Estimate-xis Page4 1129/99 PHASING TOTAL $ 3,289,632.60 /'y' 13. A (. 0 0 0 '99 QV 2' ; AS :40 THE BALBOA PERFORMING " 1 I YCLERK 11T` _,7 ?sRT BEACH ARTS THEATER FOUNDATION November 18, 1999 The Honorable Dennis O'Neil City Council Members City of Newport Beach 3330 Newport Blvd. Newport Beach, CA 92660 Dear Mayor O'Neil and Ladies and Gentlemen of the Council: The Balboa Performing Arts Theater Foundation Board of Directors heartily applauds • your recent approval of the Balboa Pier Parking Lot redesign project. Its implementation will be of great benefit to the theater and our patrons. We write now to urge your support for a complementary project that we believe will also be of crucial importance in making the Balboa Village neighborhood attractive to theater patrons. Architect Ron Baers, who is also a member of this board, has created the Balboa Village Pedestrian and Streetscape Implementation Plan to renovate the downtown area. Widening pedestrian areas, providing additional lighting and graceful amenities including planters, street trees,, enhanced paving, and benches, will unquestionably increase the ambiance of the Balboa Village, encouraging visitors and residents to enjoy the neighborhood and patronize our fellow merchants. These improvements will be of significant assistance in welcoming patrons to the Balboa Performing Arts Theater on their first and, hopefully, many return visits. Thank you for your continuing support and consideration of this plan. Date Copies Sent To: Sincerely yours, mayor \\_�J���- ec.( -C-C �'E°uncl Member Manager (] Attorney Michele Roberge O . Executive Directors p For the Board of Directors El 707 Eatt Balboa Boulevard • P.O. Box 751, Balboa. California 9166P T. 949.673.0895 • F: 949.673.0838 i9 email: in %a@balboatheater.com internet: mww.bd1ba4tbeater.rom 2/2)/00 Dear Council Person -ONE NO. : 949 57395-0 22 2000 03:51PM - l.,�Lto y �,a Post -it* Fax Note 7671 Date Rol I- To P o 17- Ou 10eol. = m phone # •t ptlo" I FSx 0 Fax M We as residents and business owners want to thank you for the many hours you have dedicated to the tarnished jewel, Balboa Village. We are anxiously looking forward to our new sidewalks, signage, roads, parking lots, landscaping and of course underground utilities. After attending many meetings involving our selves in discussions we wanted to come this evening and "thank you" in person. Since deadlines on our paper came faster than we thought we will not be able to. We just want you to know we appreciate all your hard work on downtown Balboa! Thanks again. Balboa by the Sea, a Wond Place to Be! Gay Wassail -Kelly Bill Kelly 409 E. Edgewater Balboa, Ca 92661 949/673 -0128 0 = m M •t cc �m N � y cu rn� � D r fv CrrYOF NEWPORT BEACH September 24, 2002 �r �ljUl CITY COUNCIL AGENDA R(1 ITEM NO. 16 APPVED TO: Mayor and Members of the City Council FROM: Public Works Department SUBJECT: BALBOA VILLAGE IMPROVEMENTS —PHASE II TEMPORARY EMPLOYMENT AGREEMENT WITH EMMET BERKERY - AMENDMENT NO.1 RECOMMENDATIONS: 1. Approve Amendment No. 1 to the Agreement for Temporary Employment of Emmet Berkery in the amount of $33,600 and authorize the City Manager execute the Amendment. 2. Approve the transfer of $33,600 from the unappropriated balance of the General Fund to Account No. 5100 -7020 (Part-time Salaries). DISCUSSION: This Amendment would fund and extend Emmet Berkery's employment term until January 1, 2003. Mr. Berkery will assist with the project management of the Balboa Village Improvement Project - Phase 2. Emmet Berkery will continue to provide project management services for the Balboa Village Improvement Project by assisting City Staff in the following general areas: 1. Assist Staff during the pre - construction period. 2. Coordinate with Southern California Edison for the installation of new vaults in Main Street. 3. Meet with business owners and Post Office officials to discuss ways to mitigate construction impacts to deliveries, parking, and building access. 4. Assist with activities associated with the Underground Utility District. 5. Provide project management support when Project Manager is on vacation. 6. Assist with design modifications to the construction drawings. 7. Review shop drawings submitted by the contractor. Subject: Balboa Village Impro nts — Phase II Temporary Employment Agreemen Emmet Berkery - Amendment No.1 September 24, 2002 Page 2 8. Attend meetings with representatives from the Balboa Inn, local businesses, and Community Associations. Mr. Berkery will continue at his negotiated rate of $70.00 per hour and will work approximately 20 hours per week. Staff is requesting the funding for Emmet Berkery's extended employment be appropriated from the unappropriated balance of the General Fund. Due to the nature of the workload, Mr. Berkery is classified as a part-time employee, therefore the funding for this work will need to be transferred to Engineering, Part-time Salaries. Respectfully NORKS DEPARTMENT G. Badum, Director By: !� �.' Robert Stein, P.E. Principle Civil Engineer Attachments: Original Temporary Employment Agreement Amendment No. 1 AGREE ENT FOR TEMPORARY EMPLOYMENT This Agreement is made effective as of the 13th day of June 2001, by and between the City of Newport Beach, a Municipal Corporation ( "City ") and Emmet Berkery, P.E. whose address is 1740 E. Garry Avenue, Suite 112, Santa Ana, CA 92705, ( "Employee ") with reference to the following: A. The City desires to employ Employee on at -will basis and to enter into an Agreement with Employee for temporary employment services upon the terms and conditions in this Agreement. B. Employee is willing to accept such employment on the terms and conditions set forth in this Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: Ili •uu-. -u -. The term of this Agreement shall commence upon the 13th day of June 2001 and shall terminate on November 15, 2001, unless otherwise terminated under Section 5 below, and under the direction of the City Engineer. IN =091-01510*79=01 Consultant shall provide project management services for the Balboa Village Improvement Project through assistance to City staff in the following general areas: a. Assist in Preparing construction and access easement agreements. Meet with property owners to discuss the easement agreements. Facilitate arrangements for entry onto private property for construction of hardscape, landscape or utility improvements. b. Assist in the review of construction documents. Perform site visits to confirm accuracy of drawing and specifications. Prepare specifications as directed by the City. Review project cost estimates. c. Contact utility companies and agencies with regard to existing and proposed facilities. Meet with utility and agency representatives to facilitate potholing and relocation activities. Document all communication and coordination activities. d. Coordinate with the RWQCB and the Army Corps of Engineers for permits. e. Assist with activities associated with the undergrounding district. f. Attend meeting with representatives from the Balboa Inn, Balboa Theater and business and community associations. g. Assist with activities to advertise the project. h. Review shop- drawing submittals prepared by the selected contractor. i. Perform miscellaneous task as may be requested by City staff. As consideration for the performance of specified services under this Agreement Employee shall be compensated as follows: a. Pay of $70.00 per hour for hours worked pursuant to this Agreement. Employee shall be paid on a bi- weekly basis subject to State and Federal income tax withholding. $70.00 per hour shall be considered just compensation and no additional benefits or holiday pay will be provided under this Agreement. b. Employee shall maintain and submit complete records of time expended pursuant to this Agreement corresponding to City's payroll schedule. so .• - No hours of work are guaranteed. Employee's services will be provided approximately 20 hours per week, or as agreed upon from time to time. Employee understands and agrees that: a. Employee's employment is at will which means that Employee's employment with City may be terminated at any time, with or without cause, by either party by giving 24 hours prior written notice to the other party. b. Employee's at -will status cannot be changed except in writing on a form signed both by the Human Resources Manager and Employee. No representative or other employee of the City, other than the Human Resources manager, has any authority to enter into an agreement with Employee for any specific period of time or to change Employees Employment contrary to the at -will status provided in this Agreement. c. No promises or representations regarding regular employment have been made to Employee and Employee has no expectation of permanent employment with the City. d. Upon termination of this Agreement, the City shall pay to Employee that portion of compensation specified in this Agreement that is earned and unpaid prior to the effective date of termination. 2 0 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 any kind or nature are merged herein. Any modification of this Agreement will be effective only by written execution signed by both Employee and Director of Human Resources. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first above written. CITY OF NEWPORT BEACH A Municipal Corporation By: Homer Bludau, City Manager M Emmet Berkery, P.E., Employee APPROVED AS TO FORM AND CONTENT: By: (CDC) Robin L. Clauson, Assistant City 0 6 AMENDMENT NO. 1 TO TEMPORARY EMPLOYMENT AGREEMENT WITH EMMET BERKERY THIS AMENDMENT NO. 1 TO THE TEMPORARY EMPLOYMENT AGREEMENT, entered into this day of , 2002, by and between the CITY OF NEWPORT BEACH, a municipal corporation, (hereinafter referred to as "CITY ") and Emmet Berkery, P.E., whose address is 1740 E. Garry Avenue, Suite 112, Santa Ana, California, 92705, (hereinafter referred to as "Employee" is made with reference to the following: RECITALS: A. On June 13, 2001, CITY and EMPLOYEE entered into a Temporary Employment Agreement, hereinafter referred to as "AGREEMENT', for project management services for the Balboa Village Improvement Project, hereinafter referred to as "PROJECT ". B. CITY desires to enter into this AMENDMENT NO. 1 to extend the term of EMPLOYEE's employment to January 1, 2003. C. CITY desires to compensate EMPLOYEE for additional professional services needed for PROJECT. D. CITY and EMPLOYEE mutually desire to amend AGREEMENT, hereinafter referred to as "AMENDMENT NO. 1 ", as provided here below. NOW, THEREFORE, the parties hereto agree as follows: 1. EMPLOYEE shall be compensated for services performed pursuant to this AMENDMENT NO. 1 at the hourly rate of $70. 2. Total additional compensation to EMPLOYEE for services performed pursuant to this AMENDMENT NO. 1 shall not exceed thirty -three thousand, six hundred and 00/100 Dollars ($33,600.00). 0 0 3. The term of the AGREEMENT shall be extended to January 1, 2003. 4. Except as expressly modified herein, all other provisions, terms, and covenants set forth in AGREEMENT shall remain unchanged and shall be in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT NO. 1 on the date first above written. CITY OF NEWPORT BEACH, A municipal corporation BY: APPROVED AS TO FORM: Homer Bludau, City Manager City of Newport Beach By: City Attorney Emmet Berkery AN f: \users \pbW\shared\agreements \fy 02 -03 \emmet berkery- balboa village.doc `ity of Newport Bead% NO. BA- 014 BUDGETAMENDMENT 2002 -03 AMOUNT: $33,600.00 EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates Increase in Budgetary Fund Balance �X Increase Expenditure Appropriations AND X Decrease in Budgetary Fund Balance Transfer Budget Appropriations No effect on Budgetary Fund Balance SOURCE: from existing budget appropriations from additional estimated revenues PX from unappropriated fund balance EXPLANATION: This budget amendment is requested to provide for the following: -7 To increase budget appropriations to provide for a temporary employee agreement related to the Balboa Village Improvement Project, Phase ll. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account 010 3605 REVENUE ESTIMATES (3601) Fund /Division Account EXPENDITURE APPROPRIATIONS (3603) Description General Fund Fund Balance Description Signed: Signed: Signed: Manager City Council Approval: City Clerk Amount Debit Credit $33,600.00 $33,600.00 Date Date Description Division Number 5100 Public Works - Engineering Account Number 7020 Salaries - Perm Part Time Division Number Account Number Division Number Account Number Division Number Account Number Division Number Account Number Signed: Signed: Signed: Manager City Council Approval: City Clerk Amount Debit Credit $33,600.00 $33,600.00 Date Date c*y of Newport Beach BUDGET AMENDMENT 2002 -03 EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates X Increase Expenditure Appropriations Transfer Budget Appropriations SOURCE: from existing budget appropriations from additional estimated revenues PX from unappropriated fund balance EXPLANATION: NO. BA- 014 AMOUNT: 533,600.00 Increase in Budgetary Fund Balance AND X Decrease in Budgetary Fund Balance No effect on Budgetary Fund Balance This budget amendment is requested to provide for the following: SEP 2 L M2 To increase budget appropriations to provide for a temporary employee agreement related to the Balboa Village Improvement Project, Phase II. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account 010 3605 REVENUE ESTIMATES (3601) Fund /Division Account EXPENDITURE APPROPRIATIONS (3603) Description General Fund Fund Balance Description Signed: Signed: Signed: (10 1 . YV ity Council Approval: City Clerk Amount Debit Credit $33,600.00 Automatic $33,600.00 9' /7 -02 Date rl D (� � �� 4/ F �— Date Description Division Number 5100 Public Works - Engineering Account Number 7020 Salaries - Perm Part Time Division Number Account Number Division Number Account Number Division Number Account Number Division Number Account Number Signed: Signed: Signed: (10 1 . YV ity Council Approval: City Clerk Amount Debit Credit $33,600.00 Automatic $33,600.00 9' /7 -02 Date rl D (� � �� 4/ F �— Date AGREEMENT FOR TEMPORARY EMPLOYMENT This Agreement is made effective as of the 13th day of June 2001, by and between the City of Newport Beach, a Municipal Corporation ( "City") and Emmet Berk-pry, P.E. whose address is 1740 E. Garry Avenue, Suite 112, Santa Ana, CA 92705, (" Employee") with reference to the following: A. The City desires to employ Employee on at -will basis and to enter into an Agreement with Employee for temporary employment services upon the terms and conditions in this Agreement. B. Employee is willing to accept such employment on the terms and conditions set forth in this Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: The term of this Agreement shall commence upon the 13th day of June 2001 and shall terminate on November 15, 2001, unless otherwise terminated under Section 5 below, and under the direction of the City Engineer. Consultant shall provide project management services for the Balboa Village Improvement Project through assistance to City staff in the following general areas: a. Assist in Preparing construction and access easement agreements. Meet with property owners to discuss the easement agreements. Facilitate arrangements for entry onto private property for construction of hardscape, landscape or utility improvements. b. Assist in the review of construction documents. Perform site visits to confirm accuracy of drawing and specifications. Prepare specifications as directed by the City. Review project cost estimates. c. Contact utility companies and agencies with regard to existing and proposed facilities. Meet with utility and agency representatives to facilitate potholing and relocation activities. Document all communication and coordination activities. d. Coordinate with the RWQCB and the Army Corps of Engineers for permits. e. Assist with activities associated with the undergrounding district. f. Attend meeting with representatives from the Balboa Inn, Balboa Theater and business and community associations. i 0 g. Assist with activities to advertise the project. h. Review shop- drawing submittals prepared by the selected contractor. i. Perform miscellaneous task as may be requested by City staff. As consideration for the performance of specified services under this Agreement Employee shall be compensated as follows: a. Pay of $70.00 per hour for hours worked pursuant to this Agreement. Employee shall be paid on a bi- weekly basis subject to State and Federal income tax withholding. $70.00 per hour shall be considered just compensation and no additional benefits or holiday pay will be provided under this Agreement. b. Employee shall maintain and submit complete records of time expended pursuant to this Agreement corresponding to City's payroll schedule. No hours of work are guaranteed. Employee's services will be provided approximately 20 hours per week, or as agreed upon from time to time. Employee understands and agrees that: a. Employee's employment is at will which means that Employee's employment with City may be terminated at any time, with or without cause, by either party by giving 24 hours prior written notice to the other party. b. Employee's at -will status cannot be changed except in writing on a form signed both by the Human Resources Manager and Employee. No representative or other employee of the City, other than the Human Resources manager, has any authority to enter into an agreement with Employee for any specific period of time or to change Employees Employment contrary to the at -will status provided in this Agreement. c. No promises or representations regarding regular employment have been made to Employee and Employee has no expectation of permanent employment with the City. d. Upon termination of this Agreement, the City shall pay to Employee that portion of compensation specified in this Agreement that is earned and unpaid prior to the effective date of termination. t? 0 6. Integrated Contract 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 any kind or nature are merged herein. Any modification of this Agreement will be effective only by written execution signed by both Employee and Director of Human Resources. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first above written. CITY OF NEWPORT BEACH A Municipal Corporation By: Z414-0� Homer Bludau, City Manager 0 Emmet Berkery, P.E., Employee APPROVED AS TO FORM AND By: L& ((-X) Robin L. Clauson, Assistant City 0 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK LaVonne M. Harkless, MMC January 13, 2005 Hillcrest Contracting, Inc. 1467 Circle City Drive Corona, CA 92879 -9600 Subject: Balboa Village Improvements Phase 2 (C -3527) To Whom It May Concern: On January 13, 2004, 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 24, 2004. The Surety for the contract is Fidelity and Deposit Company of Maryland, and the bond number is 08655190. Enclosed is the Faithful Performance Bond. Sincerely, �M M, Z � M LaVonne M. Harkless, MMC City Clerk cc: Public Works Department Robert Stein, P.E. 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 . R (4) COUNTERPARTS • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BALBOA VILLAGE IMPROVEMENTS PHASE 2 CONTRACT NO. 3527 BOND NO, 08655190 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 16,620 being at the rate of $ 8.63; 6.33; 5.75; 5.06 thousand of the Contract price, WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, awarded to Hillcrest Contracting, Inc., hereinafter designated as the "Principal", a contract for construction of BALBOA VILLAGE IMPROVEMENTS PHASE 2, Contract No_ 3527 in the City of Newport Beach, in strict conformity with the plans, drawings, specifications, an" other Contract Documents maintained in the Public Works Department of the City of Newpert Beach, all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute Contract No. 3527 and the terms thereof require the fumishing 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 two million, eight hundred forty thousand, eight hundred ninety-nine and 971100 Dollars ($2,840,899.97) 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 th-_ . same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. 30 0 0 As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by the City, only in the event the City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or to the specifications accompanying the same shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by the City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal arc` Surety above named, on the 1ST day of OCTOBER , 2002. CA-,nn J. Salsbury- Presldent Hlllcrest Contracting, Inc. (Principal) FIDELITY AND DEPOSIT COMPANY OF MARYLAND Name of Surety 225 S. LAKE AVE., STE. 700 PASADENA, CA 91101 Address of Surety (626) 792 -2311 Telephone Author! aturelTitle cu:;� Authorized tg&t Signature CHARLES L. FLAKE, ATTORNEY -IN -FACT Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 31 0 0 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF ORANGE On 10 -01 -2002 before me, LEXIE SHERWOOD - NOTARY PUBLIC personally appeared known to me to be th, within instrument and same in his authorized instrument the person person acted, executed CHARLES L. FLAKE personally person whose name is subscribed to the acknowledged to me that he executed the capacity, and that by his signature on the or the entity upon behalf of which the the instrument. WITNESS my and and official seal. *LEXIESHERWOOD� 01 11 COMM. UB # -CALIF 1311304 �Aazml �"�x"° z ,. w�• �^NOiARY ?UBLiC- CALifORNIA ORANGE COUNTY O Sign t re of otary Public :roeN`Y COMM. EX°. JULY 27, 2005'' OPTIONAL 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. DESCRIPTION OF ATTACHED DOCUMENT PERFORMANCE BOND TITLE OR TYPE OF DOCUMENT NVM1 R OF PAGES 2 DATE OF DOCUMENT 10 -01 -2002 CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE (5 ❑ PARTNER(S) ® ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ OTHER: SIGNER IS REPRESENTING: FIDELITY AND DEPOSIT COMPANY OF MARYLAND NAME OF PERSON(S) OR ENTITY(S) E CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of Piiverside. On 0C4kC6e4 2 "d• 2,002 beforeme, Bat "ina © uy t are dF RbWiC- oa \e Name and rill" a onke(y] , personally appeared ele-n.� cT. SalA; - President , Na ace signiF(e) BAWINA OLIWS Commiasbn 0-1 3-S M Notary PAIL - cmdwwa Riverside Cornly MY Comm. Jun 7.. �Xpersonally known to me ::1 proved to me on the basis of satisfactory evidence to be the personN whose nameN WAN subscribed to the within instrument and acknowledged to me that he /Skv/they executed the same in hisltterltheir authorized capacity(tt:c), and that by his /her /their signatures) on the instrument the personN, or the entity upon behalf of which the personps.), acted, executed the instrument. WITNESS my hand and offic eal. tnilnlioe of Notary Public OPTIONAL Though the information below is not required bylaw, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this tom+ to another document. Description of Attached Document Title or Type of Document: Bonet Document Date: OG {Ober -Isf. 2002./ Number of Pages: 3 Signer(s) Other Than Named Above: T 4MV4y a „el pavosjt Go • OF- M"6-,j Capacity(ies) Claimed by Signer Signer's Name: 6Ienn cT. Sine bun/ - Prerlcfert+ Individual Top of thumb here L% Corporate Officer - Title(s): R-e=i de r%lb 0 Partner -0 Limited 0 General 0 Attorney -in -Fact l0. Trustee Guardian or Conservator C Other: Signer is Representing: R11cre -s+ Cor•4'r:,tr_6Ink .J-nG. ®1999 National Notary Association • 9350 be Sol, Ave., P.O. Box 2402 • Chataw nh, CA 913192402 • w oetionalnonMatg Pmd. No. 5907 PeoNer: Call Toll -Free 1 806 87669227 Message . Page 1 of 1 Brown, Leilani From: Stein, Robert Sent: Thursday, January 13, 2005 9:37 AM To: Brown, Leilani Cc: Oyler, Shauna; Gunther, Robert; Dalton, Lloyd Subject: RE: C -3527 - .... (Balboa Village Phase II- Hillcrest) Leilani, Okay to release the faithful performance bond. thanks. , - - - -- Original Message---- - From: Gunther, Robert Sent: Thursday, January 13, 2005 9:24 AM To: Stein, Robert Cc: Oyler, Shauna; Brown, Leilani Subject: FW: C -3527 - .... (Balboa Village Phase II- Hillcrest) Actually, this is Bob Steins (Balboa Village II) to handle. Gunther - - - -- Original Message---- - From: Oyler, Shauna Sent: Thursday, January 13, 2005 8:26 AM To: Gunther, Robert Cc: Brown, Leilani Subject: FW: C -3527 It will be up to Gunther. - - - -- Original Message---- - From: Brown, Leilani Sent: Thursday, January 13, 2005 7:59 AM To: Oyler, Shauna Subject: C -3527 We're scheduled to release the faithful performance bond today, but have a note to check with Public Works first to make sure it's okay to do that. Please let me know whether I'm able to do this. Thank you!!! 01/13/2005 Message • 49 Page 1 of 2 Brown, Leilani From: Harkless, LaVonne Sent: Monday, June 07, 2004 8:23 AM To: Brown, Leilani; Fisher, Cathy Subject: FW: Balboa Village Improvement Project FYI - - - -- Original Message---- - From: Stein, Robert Sent: Thursday, June 03, 2004 5:10 PM To: Harkless, LaVonne Cc: Patapoff, Bill; Oyler, Shauna Subject: RE: Balboa Village Improvement Project Hi LaVonne, Please do not release the Hillcrest's Performance Bond for the Balboa Village Improvement Project, Phase 2, C -3527 Bob Shauna: can i get a copy of the bond from you? - - - -- Original Message---- - From: Gunther, Robert Sent: Thursday, June 03, 2004 10:22 AM To: Stein, Robert Cc: Patapoff, Bill; Masters, Rob; Puglisi, Marcus Subject: RE: Balboa Village Improvement Project -R I have not had to go througth this procedure before. - My comments: 1a. This seems like a "Labor and Materials" Bond issue; which has probably already been returned to the contractor. 1. Make sure the City Clerk is informed not to release the Performance Bond. 2. Get a copy of the Performance Bond to review and see what it covers. 2a. You may want to contact the Surety(Bonding Company) to discuss. 3. There is a large soft covered book that I personally bought just inside the door of my office titled "Surety Bonds" on the shelf to the left as you go in - it may have some info. 4. Probably need to discuss with City Attorneys office and draft letter to Surety. 5. Rob and Marcus may have some input as well. Gunther - - - -- Original Message---- - From: Stein, Robert Sent; Tuesday, June 01, 2004 10:43 AM To: Gunther, Robert Cc: Trimble, Daniel; Patapoff, Bill Subject: FW: Balboa Village Improvement Project gunther, 06/07/2004 Message Page 2 of 2 need to 'encumber' S10,00001m the Contractor pertormance bond. Hoto I proceed? FRO - - - -- Original Message---- - From: Jodi Holman [mailto:jholman @mdg- Idm.com] Sent: Friday, May 28, 2004 5:07 PM To: 'Stein, Robert' Cc: dtrimble @city.newport- beach.ca.us; Rudy -MDG Subject: Balboa Village Improvement Project As discussed, I have prepared the potential underpayment schedule (Violation Information Notice) and letter to be sent to Hillcrest Contracting explaining the final procedures for closing out this project. Please review it and let me know if you have any questions. The one issue that I believe needs discussion is that the potential underpayment amount exceeds the retention being held. I will be preparing the cover letter to HUD (which will have the the Violation Information Notice attached) and will e-mail it to you for your review next week. Jodi Holman LDM Associates, Inc. (909) 476 -6006 x112 06/07/2004 • CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK LaVonne M. Harkless, CMC February 24, 2004 Hillcrest Contracting, Inc. 1467 Circle City Drive Corona, CA 92879 -9600 Subject: Balboa Village Improvements Phase 2 (C -3527) To Whom It May Concern: On January 13, 2004, 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 January 20, 2004, Reference No. 2004000039809. The Surety for the contract is Fidelity and Deposit Company of Maryland, and the bond number is 08655190. Enclosed is the Labor & Materials Payment Bond. Sincerely, LaVonne M. Harkless, CMC City Clerk cc: Public Works Department Robert Stein, P.E. 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 EXECUTED IN FOUR (4, JUNTERPARTS PREMIUM INCLUD iN PERFORMANCE BOND CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BALBOA VILLAGE IMPROVEMENTS PHASE 2 CONTRACT NO. 3527 BOND NO. 08655190 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, has awarded to Hillcrest Contracting, Inc., hereinafter designated as the "Principal," a contract for construction of BALBOA VILLAGE IMPROVEMENTS PHASE 2, Contract No. 3527 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. 3527 and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principa!' 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, FIDELITY 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 two million, eight hundred forty thousand, eight hundred ninety-nine and 97/100 Dollars ($2,840,899.97) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, Withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorney's fee, to be fixed by the Court as required by the provisions of Section 3250 of the Civil Code of the State of California. 28 • • The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 3181 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 3247 et. seq. of the Civil Code of the State of 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 nr 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 1sT _ day of OCTOBER 2002. Hillcrest Contracting, Inc. (Principal) FIDELITY AND DEPOSIT COMPANY OF MARYLAND Name of Surety 225 S. LAKE AVE., STE. 700 PASADENA, CA 91101 Address of Surety (626) 792 -2311 Telephone Aut zed Sig ure/Title Authorized �.6pt Si nature CHARLES L. FLAKE, ATTORNEY -IN -FACT Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 29 0 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT STATE, r'F CALIFOIWXA COUNTY OF ORANGE On 10 -01 -2002 before me, LEXIE SHERWOOD - NOTARY PUBLIC personally appeared CHARLES L. FLAKE personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. LEXIE SHERWOOD O 5., COMM. # 1311304 .� N074RY PUBLIC-CALIFORNIA� Signa re of Notary Public ��'' r ORANGE COUNTY o q ,,p� � COMM. EXP. JULY 27, 2005 j OPTIONAL 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. DESCRIPTION OF ATTACHED DOCUMENT PAYMENT BOND TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES 2 DATE OF DOCUMENT 10 -01 -2002 CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLES) ❑ PARTNER(S) ® ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ OTHER: SIGNER IS REPRESENTING: FIDELITY AND DEPOSIT COMPANY OF MARYLAND NAME OF PERSON(S) OR ENTITY(S) • CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of FliVerSid6 1` s On Ocher 2n0 ZJ00Z before me, galy i n a li vas — Nobny! Pu bl. e Data Name and We of Officer le,.. -Jane ova. Notary Pudle ) personally appeared Glenn cT. Salsbury •- P.eeiden•{, xamels) of Si9nega) BALVINA OLIVAS Cmimission i 1359988 _ Z Notary Public - California g Riverside County My Comm. Expires Jun 7,20116 Xpersonally known to me 0 proved to me on the basis of satisfactory evidence to be the personN whose named Warp, subscribed to the within instrument and acknowledged to me that he /3h@ /tfty executed the same in his /FRw/tITw authorized capacity(tes), and that by hisfh�rIheir signature(9I on the instrument the persontss), or the entity upon behalf of which the person(si acted, executed the instrument. WITNESS my ha94 and o is 91 sell. `» reof Noary PUbNc 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- Sohd Document Date: October A-S*- &007j Number of Pages: 5 Signer(s) Other Than Named Above: 'rf C e_j i -6f aa'+d ppipoSi+ Co. C4 Mcni" Capacity(ies) Claimed by Signer Signer's Name: Glair T• Sulsbory — Prnsicienb 0 Individual Top of thumb here K Corporate Officer—Title(s): �rnsident J Partner — O Limited Cl General 0 Attorney -in -Fact 7 Trustee 0 Guardian or Conservator 0 Other: Signer Is Representing: H'ilCrest Gph�raCiin , -�-nc. ®1999 National Notary Association • 9359 De Soto Ave.. P.O. Box 2402 • CM1atsworM. GA 91313 -2402 • www.nativnelnotary o9 Pmd. No. 59W Reorder Cell Toll Free Ia3D 876 6827 0 Power of Attorney 9 FIDELITY AND DEPOSIT COMPANY OF MARYLAND HOME OFFICE, BALTIMORE, MD. KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by C. M. PECOT, JR. , Vice- President, and C. W. ROBBINS Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By -Laws of said Company, which reads as follows: "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, undertakings, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignmen ofjudgements.d ees, mortgages and instruments in the nature of mortgages.... and to affix the seal of the Company thereto:' ^ �� does hereby nominate constitute and appoint Charles Kz Make o<�heim, California. . I s —true and lawful agent and Attorney -in -Fact, to ma�ecute, seafaeliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and i taking .............. . .......... . ....� n t e execution of such bonds or un ngs in nee of these presents, shall be as binding upon said Company, as fully and amply, to all inte d purpo> if they had been duly executed and acknowledged by the regularly elected officers of the COLD its offic,@t t, altimore, Md., in their own proper persons. The said Assistant Secretary does hereby certe a(oregeing is a true copy of Article VI, Section 2, of the By -Laws of said Company, and is now in force. ��\v\,��,JJ IN WITNESS WHEREOF, the said Vice4resident and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this ..... .._16th_ ___ ........ _ ... day of... ............ JulY .- ............. ................. . A.D. 1986 FIDELITY AND DEPOSIT COMPANY OF MARYLAND ATTEST: SIihL P _� -------- --- By --- - - - - -- -•�'�- Assistant Secretary Vice- President CTATS OF MARYLAND i SS: rn' OF BALTIMORE 1 On this 16th day of July , A.D. 19 86 , before the subscriber, a Notary Public of the State of Maryland, in and for the City of Baltimore, duly commissioned and qualified, came the above -named Vice - President and Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OFMARYLAND, 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 TESI'IMDNY WHEREOF, I have hereunto set my hand and Official Seal. at the City of Baltimore, the da and year first above written. 0 y. MOLL Ai 'J Notary Pub is Commis ' n piresJuly - -1_,- -_1990 - CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the original Power of Attorney of which the foregoing is a full, true and correct copy, is in full force and effect on 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 Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSrr COMPANY OF MARYLAND at a meeting duly called and held on the 16th day of July, 1969. RESOLVED: "That the facsimile or mechanically reproduced signature of any 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 .... day of ...... ....... OCTOBER- - -. -2002 ° - L] a —car. - 012 -4150 Assist a $eouary U 0 • CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. January 13, 2004 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Robert Stein, Principal Civil Engineer 949 - 644 -3311 rstein@city.newport-beach.ca.us SUBJECT: BALBOA VILLAGE IMPROVEMENTS PHASE 2 —COMPLETION AND ACCEPTANCE OF CONTRACT NO. 3527 RECOMMENDATIONS: 1. Accept the work. 2. Authorize the City Clerk to file a Notice of Completion. 3. Authorize the City Clerk to release the Labor and Materials Bond 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code. 4. Release the Faithful Performance Bond one year after Council acceptance. 5. Approve a Budget Amendment appropriating $64,000.00 in the Balboa Village Plan Phase 2 Account No. 7161- C5100543 from the CDBG surplus fund balance. DISCUSSION: On September 24, 2002, Council awarded the Balboa Village Improvements Phase 2, Contract No. 3527 to Hillcrest Contracting, for the Total Bid Price of $2,840,899.97. The contract provided for the construction of street pavement, sidewalks, landscaping, street furniture, and street lighting on the following streets: • Main Street (from the Pier Plaza to the Balboa Pavilion) • Washington Street and Palm Street (from Oceanfront to Balboa Boulevard) • Oceanfront (from A Street to Adams Street) Additionally, new streetlights were installed on Edgewater, East Bay Avenue, and Washington Street - north of Balboa Boulevard. A new water main was constructed in the alley behind the Balboa Theatre from Main Street to Palm Street. Construction was completed on July 7, 2003 and the 90 -day irrigation and landscape maintenance period began. The contractor completed all punchlist items for the SUBJECT: Balboa Village Improonts Phase 2 - Completion and Acceptance of Coo No. 3527 January 13, 2004 Page 2 maintenance period on November 12, 2003 and City staff agreed the maintenace period had been completed successfully. The contract has now been completed to the satisfaction of the Public Works Department. A summary of the contract cost is as follows: Original bid amount: $2,840,899.97 Actual amount of bid items constructed: $2,095,038.08 Total amount of change orders: $606,656.20 Final contract cost $2,701,694.20 In order to fund construction management services, the original contract was modified to achieve cost savings. Some of the major changes included: • Changing the decorative paving on Main Street from lithocrete to stamped concrete • Deleting the serpentine wall along the Oceanfront walkway • Reducing the amount of lithocrete in the Oceanfront walkway As might be expected for a project of this complexity, there were many changes resulting in over one hundred approved Change Order items. Some of the more costly changes included: • Grinding out the Ficus stumps (originally anticipated to be completed prior to the start of this contract) • Replacing underground utility lines impacted by Ficus roots • Increasing the pavement thickness on Oceanfront from 4 to 6 inches • Installing additional SBC conduit in anticipation of the future undergrounding district • Installing additional lithocrete on Oceanfront adjacent to the Balboa Inn • Installing additional lithocrete at the Pavilion ($10,000 refunded by property owner and returned back to the General Fund) • Installing temporary pavement and other safety measures to accommodate pedestrian traffic The final construction cost, including all Change Orders, was 5 percent under the original bid amount. Other Project Costs: In addition to Hillcrest's contractual costs, there were costs for construction management services and auxiliary contractor costs. These additional costs included: Harris & Associates Construction Management $247,980.00 Psomas Construction Services $44,000.00 Specialty Street furniture items ordered and installed $95,100.00 directly by the City Other consulting and contracting services $42,600.00 Total cost of additional items $429,680.00 Because of the extended decision - making process and long fabrication time, most specialty street furniture items, such as the concrete benches, decorative pots, hanging SUBJECT: Balboa Village Improves Phase 2 -completion and Acceptance of Contrioo. 3527 January 13, 2004 Page 3 • baskets, and plaza tree grates, were directly ordered by the City and installed by contractors directly hired by the City. Other consulting and contracting services included document reproduction, costs rolled - over from the Phase 1 construction, geotechnical engineering and survey, planting of the Coral Gums by West Coast Arborists, pavement replacement performed by General Services and JJ Paving, and permit fees. Environmental Review: A mitigated negative declaration was prepared in 2001 for all three phases of the Balboa Village project. Funding Availablity: The total project cost which includes Hillcrest's contract and change order costs plus the additional construction- related costs is $3,133,413.00. The Budget Amendments listed below funded the difference between the original budget amount and the total project cost. Funds for the project were expended from the following accounts: Account Description Account No. Amount Balboa Village Water Main Improvement 7501- C5500678 $175,000.00 Balboa Village Plan Phase 2 (CDBG) 7161- C5100543 $2,386,000.00 Balboa Village Plan Phase 2 7024- C5100543 $188,350.00 (Neighborhood Enhancement) Balboa Village — (Circulation & Transportation) 7261- C5200703 $68,000.00 Balboa Village (Gas Tax Fund) 7181- C5100543 $25,150.00 March 11, 2003 Council Amendment (Bikeway & Trails) 7283- C5100543 $57,933.00 June 10, 2003 Council Amendment (General Fund) 7024- C5100543 $69,980.00 August 21, 2003 City Manager Memo (Gas Tax) 7181- C5100070 $99,000.00 January 13, 2004 Pending Council Approved 7161- C5100543 $64,000.00 Budget Amendment (CDBG) TOTAL $3,133,413.00 The bulk of the proposed Budget Amendment (approximately $50,000) will be used to pay the remaining Hillcrest bid items which were mistakenly overlooked when computing the August 21, 2003 Budget Amendment. The remainder will be used to complete the fabrication and installation of the custom street furniture. With this final Budget Amendment, the overall construction - related costs were 10.2 percent above the original bid amount. Prepared by: Robert Stein, P.E. Principal Civil Engineer Attachment: Budget Amendment 0 Submitted by: Stephen G. Badum Public Works Director ,ity of Newport Beacfb BUDGET AMENDMENT 2003 -04 EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates fq Increase Expenditure Appropriations AND Transfer Budget Appropriations SOURCE: rJ EXPLANATION: from existing budget appropriations from additional estimated revenues from unappropriated fund balance This budget amendment is requested to provide for the following: NO. BA- 025 AMOUNT: $64,000.00 �Increase in Budgetary Fund Balance • X Decrease in Budgetary Fund Balance No effect on Budgetary Fund Balance To increase expenditure appropriations related to the Balboa Village Improvement Project, Phase 2. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account Description 160 3605 CDBG Fund Fund Balance REVENUE ESTIMATES (3601) Amount Debit Credit $64,000.00 Fund /Division Account Description EXPENDITURE APPROPRIATIONS (3603) Description Division Number 7161 Community Development Block Grant Account Number C5100543 Balboa Village Plan $64,000.00 Division Number Account Number Division Number Account Number Division Number Account Number ' Automatic System Entry. Signed: Approval: A minist 've Services Director F�n Dale /cial Signed: /�'�*'✓jr`, .jam Administrative A roval: City Manager Date Signed: City Council Approval: City Clerk Date 11 J(ty of Newport Beach` BUDGET AMENDMENT 2003 -04 EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates X Increase Expenditure Appropriations Transfer Budget Appropriations SOURCE: from existing budget appropriations from additional estimated revenues PX from unappropriated fund balance EXPLANATION: NO. BA- 025 AMOUNT: $sa,000.00 Increase in Budgetary Fund Balance AND X Decrease in Budgetary Fund Balance No effect on Budgetary Fund Balance This budget amendment is requested to provide for the following: To increase expenditure appropriations related to the Balboa Village Improvement Project, Phase 2. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account 160 3605 REVENUE ESTIMATES (3601) Fund /Division Account EXPENDITURE APPROPRIATIONS (3603) Division Number Account Number Division Number Account Number Division Number Account Number Division Number Account Number Signed: Fes( Signed: Adn Signed: City Description CDBG Fund Fund Balance Description Description 7161 Community Development Block Grant C5100543 Balboa Village Plan Approval: City / LY-1- v Approval: City Clerk Amount Debit Credit $64,000.00 $64,000.00 —F— Director / Date D A!Date Date RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk -' City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Olh.fi z•.: ot,7s, Cocnly ; +1 ihengc 7,lit, Cla1 y, i;1c�k�Reco!dr.t 200400003960910 46alil MOWN a no uu o uo 0.00 o 00 a ;!u n fta +; ull " xempt om recordin fees pursuant to Government CodeVectlOn 6103" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and Hillcrest Contracting, Inc., of Corona California, as Contractor, entered into a Contract on September 24, 2002. Said Contract set forth certain improvements, as follows: Balboa Village Improvements Phase 2 (C -3527) Work on said Contract was completed on November 12, 2003, and was found to be acceptable on January 13, 2004, 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. I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on Z (, oaa r�/ r S� �G at Newport Beach, California. BY GI L YTA City Clerk N • • F 0. January 15, 2004 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: C -3527 Balboa Village Improvements Phase 2 Please record the enclosed document and return to the City Clerk's Office. Thank you. Sincerely, LaVonne M. Harkless, CMC City Clerk Enclosures 3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, California 92658 -8915 Telephone: (949) 644 -3005 • Fax: (949) 644 -3039 • www.city.newport- beach.ca.us ! • RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Exempt from recordin fees pursuant to Government CodeV ectton 6103" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and Hillcrest Contracting, Inc., of Corona California, as Contractor, entered into a Contract on September 24 2002. Said Contract set forth certain improvements, as follows: Balboa Village Improvements Phase 2 (C -3527) Work on said Contract was completed on November 12 2003 and was found to be acceptable on January 13. 2004, 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. arks Director ewport Beach VERIFI I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on `J (a /laa at Newport Beach, California. BY City Clerk �� E AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT WITH HARRIS & ASSOCIATES FOR PROFESSIONAL CONSTRUCTION MANAGEMENT SERVICES FOR BALBOA VILLAGE IMPROVEMENTS — PHASE 2 THIS AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT, entered into this C'': day of - ,zL -�. 2003, by and between the CITY OF NEWPORT BEACH, a municipal corporation, (hereinafter referred to as "CITY ") and HARRIS & ASSOCIATES, whose address is 34 Executive Park, Suite 150, Irvine, California, 92614, (hereinafter referred to as "Consultant'), is made with reference to the following: RECITALS: A. On October 8, 2002, CITY and CONSULTANT entered into a Professional Services Agreement, hereinafter referred to as "AGREEMENT', for construction management services for the Balboa Village Improvements - Phase 2, hereinafter referred to as 'PROJECT." The term of the AGREEMENT was to run from September 25, 2002 to September 2003. B. Services to be provided under the AGREEMENT were based on a project start date in September, 2002 and a project completion date of May 31, 2003. However, the construction start date for the project was delayed significantly while discussions were held over the disposition of the Main Street Ficus trees. These discussions and other actions ended up delaying the project start date by eight weeks. C. While the Ficus tree discussions were proceeding, CONSULTANT negotiated with the contractor for construction task modifications and coordinated a resequencing of construction activities and utility underground work, among other 0 0 things. In addition, CONSULTANT provided an extra level of service in order to accelerate critical construction activities prior to the Christmas Boat Parade. The cost of these additional services provided by CONTRACTOR totaled $49,980. D. While Main Street was opened prior to Memorial Day and the project is now substantially complete, construction activities are still proceeding and require site management services into the months of June and July 2003 that were not included in the original Scope of Services attached to the AGREEMENT, based on the original construction start date of September 30. The cost for these supplementary construction management services totals $20,000. E. CITY desires to enter into this AMENDMENT No. 1 to compensate CONSULTANT for the additional professional services needed for PROJECT due to the delay in the original project completion date. F. CITY and CONSULTANT mutually desire to amend AGREEMENT, hereinafter referred to as "AMENDMENT NO. 1 ", as provided here below. NOW, THEREFORE, the parties hereto agree as follows: 1. CONSULTANT shall be compensated for services already performed pursuant to this AMENDMENT NO. 1 according to "Exhibit Al" dated May 27, 2003 and for additional services necessary to complete the project, as outlined in the scope of services included as "Exhibit A2" dated May 29, 2003 attached hereto. 2. Total additional compensation to CONSULTANT for the services performed and to be performed pursuant to this AMENDMENT NO. 1 shall not exceed Sixty -Nine Thousand Nine Hundred Eighty Dollars ($69,980). 3. Except as expressly modified herein, all other provisions, terms, and covenants set forth in AGREEMENT shall remain unchanged and shall be in full force and effect. L] E IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT NO. 1 on the date first above written. APPROVED AS TO FORM: By: City Attorney ATTEST: CITY OF NEWPORT B A municipal corgoratior Sfeven Bromfferg Mayor City of Newport Bqq1ch HARRIS & ASSOCIATES BY: i By:f" Jl.'i- �>�,%�a,_ By LaVonne Harkless City Clerk f: \users \pbw \shared \agreements \fy 02 -03 \harris & assoc- balboa village phase 2- amendment no 1.doc L May 27, 2003 Mr. Bill Patapoff Public Works Department City of Newport Beach 3300 Newport Boulevard Newport Beach, Califomia 92658 0 Harris & Associates Program Managers Construction Managers Civil. Engineers Reference: Professional Construction Management Services Level of Effort Balboa Village Improvements — Phase U Dear Bill: Harris & Associates is in receipt of the City's response letter, dated May 5, 2003 in reference to the level of effort for construction services on the Balboa Village Improvements, Phase H project. Although Harris appreciates your concerns regarding staff and utilization, the City's letter is inconsistent with our discussions on April 7, 2003. For your reference, attached is the matrix outlining elements of the scope of work provided to the City during our February 4, 2003 meeting regarding the same subject. The staff responsibilities have been included consistent with our discussions during that meeting. Please note that discussions of the required level of effort began during our initial contract negotiations. Based on the City budget we were concerned that the project would be understaffed. At the request of the City, Harris provided staffing to meet the project needs. Upon realizing that the level of effort was exceeding the budgetary constraints of the City, Harris made several attempts to meet with you particularly in the months of December and January. Based on schedule conflicts, our first meeting was delayed until February 4, 2003. At this meeting, Harris & Associates outlined the required work previously discussed during negotiations of the contract and provided options to the City for the increased level of service and requested adjustments to our contract. The City denied our request for additional fees and in turn assigned City staff to maintain the same level of effort previously provided solely by Harris staff. Harris has provided the level of effort required to maintain the project success while continuing discussions with the City to address construction services fees. In reference to your letter regarding staffing, please note that the contract outlines several staff members' positions and their respective rates. There is however no mention of specific staff to be assigned to the project other than Omar M. Dandashi, PE as the City's contact. Based on discussions on several occasions prior, subsequent, and including the above noted meetings, Harris has made the City aware of the utilization of staff and their roles on the project. Regarding justification for the additional staffing requirements, please refer to Harris & Associates letter, dated April 29, 2003. Note that the City, specifically Bob Stein and yourself, have been informed and updated on the project issues (at the time of the issues) relating to the delay in start of construction and required adjustments due to the legal issues with the removal of the ficus trees on Main Street. In an effort to reach a productive compromise, Harris & Associates is willing to absorb certain project management costs and will not invoice the City for the time Wahed Abrahim spent on the project. However, Harris must be compensated for the time Karen Scott has spent on the project in her role as Assistant Construction Manager. The revised request for additional fees based on current invoicing provided to the City is $47,980.00 (140 hours — 0. Dandashi, 267 hours — K. Scott) Harris & Associates has a great interest in assisting the City with the successful completion of this project. We recognize that our present contract expires on May 30, 2003 and that bringing resolution to all outstanding issues is critical. Harris & Associates will provide any additional detailed information EXHIBIT Al 0 0 required clarifying the additional fees for construction closeout in June and July 2003 should the City provide a written request to extend our contract beyond May 30, 2003. Please note that Bob Stein has authorized additional material testing included in the April 29, 2003 letter as part of the $32,000.00 to complete the project. (Estimated to be approximately $2,000.00). The materials testing invoice shall be included in our May invoice and will exceed our current budget. Harris & Associates requests a contract amendment in the amount of $49,950.00 for work previously performed and discussed in our letter dated April 2V' and the additional material services approved by Bob Stein required to properly maintain and insure the success of the Balboa Village Improvements. In addition we will require written authorization to continue providing services to the City beyond our present contract expiration date. Harris & Associates looks forward to hearing from the City regarding the extension of Harris contract in addition to the equitable resolution of the deferred time issue. As always, Harris remains available to the City for continued discussions. Should you have any further questions, please do not hesitate to contact Omar Dandashi or myself at 949.655.3900. Respectfully, %% HAR*S & ASSOfIIATES P.E. Vice cc: S. Bad= — City of Newport Beach R. Stein — City of Newport Beach I Cooper - Hams & Associates O. Dandashi - Harris & Associates Harris & Associates 0 Harris & Associates • Balboa Village -Phase II Project Organization Matrix KS WA JJ OD PROJECT OPERATIONS Request for Information ✓ ✓ Submittals ✓ ✓ Document Control ✓ Project Files ✓ Contract Documents ✓ ✓ TECHNICAL ENGINEERING Request for Information Technical ✓ Submittals Technical ✓ Construction Issue Evaluation ✓ ✓ ✓ Schedule Tracking ✓ ✓ Status Photographs ✓ Quality Control Surveying ✓ ✓ Technical Correspondance ✓ ✓ FIELD INSPECTION Inspection Reports ✓ Construction Photographs ✓ ✓ Extra Work Tracking ✓ Project Progress Quantities ✓ Project As- Builts ✓ Field Safety & SWPPP Compliance ✓ ✓ ✓ Notice of Non Compliance ✓ ✓ Materials Testing ✓ ✓ CONTRACT Request for Quotation ✓ ✓ Change Order Request ✓ ✓ Contract Change Order ✓ ✓ Extra Work Billing ✓ ✓ Stop Notice / Suspension of Work ✓ Contract Document Revisions ✓ Progress Billing ✓ ✓ Scope Negotiations ✓ Project Schedule ✓ ✓ Weekly Statement of Working Days ✓ ✓ Contract Comespondance ✓ ✓ Certified Payroll Compliance ✓ ✓ PUBLIC RELATIONS Merchants Association ✓ Residents ✓ Home Owner Association ✓ City / Private Agreements ✓ AGENCY / UTILITY / SUBCONSULTANT COORDINATION City General Services ✓ City Utilities ✓ Traffic Department ✓ Public Works Department ✓ Planning Department ✓ Southern California Edison ✓ Gas Company ✓ Pacific Bell Telephone ✓ Psomas / Nuvis ✓ 0 Harris & Associates 0 Balboa Village Improvements - Phase II Project Management Level Of Service Matrix CityofNma AAsir TotalM dw Fee hf ..wyP«nK,aas PROJECT ADAIVUSTRATION Request for Informaton Submittals Document Control Project Files Contract Documents TECETUCAL ENGINEERING Request For Information Technical Submittals Technical Construction Issue Evaluation Schedule Tracking Star= Photographs Quality Control Surveying Technical Correspondence FIELD INSPECTION Inspection Reports Construction Photographs Extra Work Tracking Project Progress Quantities Project As -Buitts Feld Safety & SWPPP Compliance Notice of Nan Compliance Materials Testing CONTRACT Request for Quotation Change Order Request Contract Mange Order Extra Work Billing Stop Notice ! Suspension of Work Contract Document Revisions Progress Billing Scope Negotiations Project Schedule Weeldy Statement of Worldng Pays Corhad Correspondence Certified Payroll Compliance PVBLIC RELATIONS Merchants Association Residents Home Owner Associaton City / Private Agreements 0 Level of Service Options Dnntraaa O "an f 1A` ( 2 .', 2A1` '.E.:''f8,700. E 27,700 E 36,200 S "j., 32;500 ;E.:af,000. .. $ 9,000 E 77,500 E. �rf3,800 E'i2K300- '`w�� Pa.MOntn PQAraan �PvMwM. rQ'rvm. ': ✓ ✓ s ✓ yr r r ✓ I ✓ ✓ ✓ r ✓ r { J J J I ✓ r r ✓ ✓ ✓ I r r r ✓ Y Task Desorption P.a 8 Tack RFI, Cow6nekrrth City 8 Ps9inaer Process BTmck SuWwlbLS, CmtlinabaAh CNy 8 ira ea neck:3209 wAs. bp, Oupobg Cwratporrdemx 8 Documents arp ASngn bfibspnsibk SWtf Maerbin pm,e FNS tww Cagy 8 Daiaeeae) Msinbtn Pm)ed Conbactfbcuments (Herd CapyB Daat ) Ravew RN 8 Pmvge iaMrncM DekrminaE'on Revievavdnftbls 8 Pmvitle icMica/Oekrtnir+etiw+ E�aba� re�IxanarFrme :une m F�aa and Debrnix Openns wr daaan Reviewaeaelbre Sdxduk arM imck Pmgmss V*S4 Pmjed Mia SWUS Pbobglapl bwovba M,eeeb9YdPrwt Do Q%1 Survey Subbnsv4§0 b Veidy ConbacW ~ S AW.Wd. Lamar , Feat' Akrmrupum; FMM Cbectivae b a .By Canbed lbcuments. Duty Canabucfar P/,Vm Rapp lncu.dna Cwrshudim Progress, Hprymrnl andlaDxLOg FtiobggmpNa arCwubuc8bn b Pm9ass avlrrn TMckkI ns Present iartar apuled tl.:lT'a EgryrtmntbaNFiba Nbiko-DapvCd Ntvk RAtiew BCOrMm MontNy Cansbuct'an OuenbS'es RtvuvBCOniam AWnarly fAnhedorASHuMPbn Pevbm Nleuyformal Sib Reviens bCarry6nrax wM SWPPP, ivaPb Control Pcdstrien, arp Yd4cubr Aaoss 8 SebQ' Issue AbOtm S Requiredrbr /kms W Nbrk Outd contract COmp9ance Cowdnab T.&, O c lbiasgm Rant°a b,C aR-IrebqCaa Marrege, Preesne &auwle, endAppove /Process CmbacYRFO. Rw.w Pre)sre, Evaubb, erC Approve /Prxess canbad COR. Manage, Pnyem, E..W and Appose /Process Centred CCO. Manage, AgMM Eveubb, andAaarwe /Pmcets Contract ttba VYpk Oera.mbre B Issue Ndbe d appensM d ilbk or Put SafalbWnpl'axcrpfi Cwbxt iemue N/dc Sebty CMxrm' Pmzssa Conbact0ocurxntftevsiwns, InMpetoBOn Pmpwe City Marley Bskq Smtsmonl Aleaftat aem CmbacbKCw &sc Adtatidw. Em IabubCarted %o, 8Scgoe EVahrab FrtticlSdremal kvGmWarvx eilY Cw+beel da: vmenq Calarnme I mpaeb8 DehsnNre CprcNVC Mmsums. 1". Ibk raclor Vtta�Ntvtirq Lmys br Issuance b Cmb Cbr Prepore Leaers bClarNy, Revise, ModNly or FiNww Conbec R &wbu evew cmbac br CatGrO PaYrta br coated FAA" c— plbrae AftW,, R Ps ,, a COw 0ra4eIII Mpcman6 8 SKOA Cowdna e a RM xWX1 v ResHene bcY V PuMc Ovbeacb 8 Rebbw. AITnd ReWor t a CewdOale w1h RestArAHOmo OMrtr Qc,aym NegWate Prkeb Parry f6sbmss OA ,Privet 0." Agreemen5 on SeWa City as Rddbg b Caasbuc0ort. 13 b' Village Improvements -Phase II • Project Management Level Of Service Matrix City orNewport Ruch TOTAL CONTRACT FEES q—hues Sab�malbad I.) S 168,316 $ 219,316 $ =816 $ 292,516 $ 369,016 FEE INCREASE (Baud on 9 Month Contract L <ugth) $ 81,060 S 157,560 S 124,200 $ 200,700 'Full Tine Inspection SUbQAARY OFDOCUMF.NIS PROCESSED TO DATE WITH FULL LEVEL OF SERVICE (OPTION2) Pa,W ftom Mid November 2002 to Mid January2003 Conesponoance (Letters, Transmittals, Fax) Level of Service Options •Ixwact I O dan 1 ODUM IA-I'00m IA—I' 2 Olid, 2,11' S :147001 $ 27,700 $ 36,200:'$ ^3;500.$,!1,600' Totalffw Fee Nanny Feetncvaase Change Order Request $ 9,000 S 17,500 $. :f3,800- $'71,300 16 roan P�rdnn pe.Nvnn R:mrm Pernann� TOTAL CONTRACT FEES q—hues Sab�malbad I.) S 168,316 $ 219,316 $ =816 $ 292,516 $ 369,016 FEE INCREASE (Baud on 9 Month Contract L <ugth) $ 81,060 S 157,560 S 124,200 $ 200,700 'Full Tine Inspection SUbQAARY OFDOCUMF.NIS PROCESSED TO DATE WITH FULL LEVEL OF SERVICE (OPTION2) Pa,W ftom Mid November 2002 to Mid January2003 Conesponoance (Letters, Transmittals, Fax) 250 (Approximate) Emails 800 (Apprmdmate) Field Memo, Directives 35 Request far lntonnation 22 Notice of Non Compliance 3 Change Order Request 16 Request for Quotation 16 Contract Change Orders 4 Inspection Reports 55 Submittals 17 Total Doeurrmft To Date 1,218 Task Description coorrLiab COnstrrulbn opwatbna wM Geceral Sarvkes Caarrineta Coma$ opereaoas van Ub➢ties cmnsaab conswcwa opwations vdn TNnc Oep®mnwn commwb ConsWCtixr opda Eaa= van pshk nbrks oaaerm�an Cowilnab ConshvcA'on Opcabsns va8r Plannmp oaparhaanr Covrdvreb ConsbualM Operativos vqn SCE CmNviab Constrpc9:w Opwaa'mxs van P %dN Ca onSnab CpnstuA'm opemliow vaN Gas Ca. Camlmb Cwak b'oa Op»H vah Oas9nays 0 j Hams 8 Associates C1 May 29, 2003 Mr. Bill Patapoff Public Works Department City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92658 Reference: Professional Construction Management Services Project Close Out Level of Effort Balboa Village Improvements — Phase H Dear Bill: • Harris & Associates Program Managers Construction Managers Civil Engineers Harris & Associates is pleased to present the following project close out level of effort for the Balboa Village Improvements — Phase U Construction Management Services as part of an addendum to the Harris existing Professional Services Agreement. The items outlined below are based on discussions with Bob Stein on May 28, 2003 and are considered to be in addition to the deferred professional services fees addressed in Hams & Associates letter dated May 27, 2003. 1. The period of this contract addendum shall be from June 1, 2003 through July 9, 2003 (6 week extension period) 2. Construction Management services shall be consistent with the existing Professional Services Agreement level of effort (equivalent 16 hours per week construction manager time at $152.00 per hour) 3. Construction Management staff utilization shall be at the sole discretion of Harris & Associates. Omar Dandashi shall function as the Project Contract Representative. 4. Construction Inspection services shall be consistent with the existing Processional Services Agreement for the period from June 1, 2003 through June 13, 2003 only (2 week extension period). 5. Construction Inspection staff shall be John Johnson. 6. The City shall provide supplementary project level staffing. Harris & Associates request's a construction services support contract supplementary amendment in the amount of $20,000.00 dollars to address the additional level of effort required to complete the Balboa Village Improvements project. Should you have any further questions, please do not hesitate to contact Omar Dandashi or myself at 949.655.3900. Respectfully, S CIATES s, P.E. D S Viice Rresident EXHIBIT A2 cc: S. Badum — City of Newport Beach R- Stein — City of Newport Beach I Cooper - Harris & Associates 0. Dandashi - Hams & Associates 1: \Uvcrs\HARM0NY\030529 Newport Hams Fees.doc 34 Executive Park, Suite 150 Irvine, California 92614 -4705 949.655.3900 FAX 949.655.3995 irvine @hams- assoc.com HARRAND -01 GADI � °811312002 ACORD CERTIFICAT F LIABILITY INSURAI&E PRODUCER - k0IU)Oq1-'sLUJ Diversified Risk Insurance Brokers License #0529776 s - -9 Christie Avenue THIS CERTIFICATE INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE yville, CA 94608 INSURED Harris and Associates Inc. INSURER A: Evanston Insurance Co. Attn: Tracy Rapozo 120 Mason Circle Concord, CA 94520 -1238 INSURER a: Royal Insurance Co. of America INSURER c: Steadfast Insurance Co. INSURERo:Alaska National Insurance Company GENERAL LIABILITY INSURER E: Continental Casualty Co. - 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. LTR TYPE OF INSURANCE POLICY NUMBER DATE MM/DD DATE MM /DD/YY LIMITS GENERAL LIABILITY EACH OCCURRENCE % 1,000,00 A X COMMERCIAL GENERAL LIABILITY 02PKGO0743 8/1/2002 8/1/2003 FIRE DAMAGE IAny one fire) $ 50,00 CLAIMS MADE FX I OCCUR MED EXP(Any 0. person) S 5,DD X .,X„ „C., .,U„ PERSONAL &ADV INJURY S 1,000,DD X Severability of Interest GENERAL AGGREGATE S 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: I PRODUCTS - COMPIOPAGG S 2,000,000 POLICY X PRO- LOC ECT 1 AUTOMOBILE B X LIABILITY ANY AUTO PST414719 6/112002 8/1/2003 COMBINED SINGLE LIMIT Ee accidenq S 1,D00,0DD BODILY INJURY (Per person) S ALL OWNED AUTOS SCHEDULED AUTOS i BODILY INJURY (Per scddeny $ X X HIRED AUTOS NON-OWNED AUTOS PROPERTY DAMAGE (Per accident) S GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC S ANY AUTO $ AUTO ONLY: AGG EXCESS LIABILITY EACH OCCURRENCE S 5,000,000 C X OCCUR O CLAIMSMADE AUC- 9305561 -00 8/112002 6/1/2003 AGGREGATE $ 5,00D,000 S S ]DEDUCTIBLE $ RETENTION $ D WORKERS COMPENSATION AND EMPl0YER5'LIABILITY 02HWD40007 611/2002 8/1/2003 X TORY LIMITS ER El EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,00 E.L. DISEASE - POLICY LIMIT S 1,000,00 OTHER E Liability AEA113822501 8/1/2002 8/1/2003 Per Claim: 5,000,000 E (Professional See Remarks' AEA113822501 8/1/2002 8/1/2003 ggregate: 5,000,000 DESCRIPTION OF OPERATONSILOCATIONSNEHICLES /EXCLUSIONS ADDED BY ENDORSEMENT /SPECIAL PROVISIONS In the event of cancellation for non - payment of premium, a 10 day notice will apply. Re: Construction Management Services for Balboa Village Project (H &A #012 -0150) Waiver of Subrogation is included as respect General & Auto Liability. ,.c u, '. w111 I I AUDI IIUNAL1NbUK=U;INoUKMRLe, D6H: nom,. City of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92656 -8915 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATI07 DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER. ITS AGENTS OR REPRESENTATIVES. REMARKS HARRAND -01 GADI PAGE 1 OF 1 Professional Liability " As respects PROFESSIONAL LIABILITY Coverage: All operations of the Named Insured including but not limited to any referenced project. The Aggregate limit is the total limit of insurance available for all claims presented under the policy. A $100,000 deductible applies to each and every claim submitted under the policy. POLICY #: 02PKGO0743 . INSURED: Harris and Associates Inc. COSERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES or . CONTRACTORS (Form B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: City of Newport Beach, its elected officials, volunteers, officers and employees Re: Construction Management Services for Balboa Village Project (H&A #012 -0150) (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. Subject to all other terms and provisions of the policy, such insurance as provided by this endorsement shall be deemed primary, but only with respect to work performed by or for the named insured in connection with the above described contract. Any other insurance maintained by the Additional Insured(s) shall be excess and non- contributory. CG 20 10 11 85 POLICY #: PST414719 COMMERCIAL AUTO CA 20 48 02 99 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement This endorsement identifies person(s) or organization(s) who are "insureds" under the Who Is An Insured Provi- sion of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Endorsement Effective: Countersigned By: �JlAt, , Named Insured: Harris and Associates Inc. (Authorized Representative) SCHEDULE Name of Person(s) or Organization(s): City of Newport Beach, its elected officials, volunteers, officers and employees Re: Construction Management Services for Balboa Village Project (H &A #012 -0150) (if no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement.) Each person or organization shown in the Schedule is an "insured" for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured Provision contained in Section 11 of the Coverage Form. Subject to all other terms and provisions of the policy, such insurance as provided by this endorsement shall be deemed primary, but only with respect to work performed by or for the named insured in connection with the above described contract. Any other insurance maintained by the Additional Insured(s) shall be excess and non- contributory. CA 20 48 02 99 Copyright, Insurance Services Office, Inc., 1998 Page 11 of 1 �Alaska Madonal INSURANCE COMPANY 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.) Person or Organization City of Newport Beach, its elected officials, volunteers, officers and employees 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 2% of the California workers' compensation premium otherwise due on such remuneration. Schedule Job Description Construction Management Services for Balboa Village Project 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 Insured Harris and Associates, Inc. Countersigned By A, A iL WC 04 03 06 04 84 Policy No. 02HWD40007 Endorsement No. 4UN -25 -2003 WED 03:49 PM CAL SURANCE FAX N0, 71jj91654 Fax u: 9 y ch-- (0 4 q" 3 3! CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach, Date Received: Ce ")L Z) 3 Dept./Contact Received From: C Date Completed: c J- Sent to: 5r N4_-., t � By: Company /Person required to have certificate: l g .4' I. GENERAL LIABILITY A. INSURANCE COMPANY: B. AM BEST RATING (A: VII t P. 01 C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? ❑ Yes KNo k, D. LIMITS (Must be $1M or greater): What is limit provided? a m E. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? XrYes ❑ No F. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? es ❑ No G. PRIMARY & NON - CONTRIBUTORY WORDING (Must be included): Is it included? XYes ❑ No H. CAUTION! (Confirm that loss or liability of the named insured is not limited solely by their negligence) Does endorsement include "solely by negligence" wording? ❑ Yes XN0 I. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. II. AUTOMOBILE LIABILITY A. INSURANCE COMPANY: (`(7WA= /- -115 e7-I` B. AM BEST RATING (A: VII or greater): 0 t� x C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? KYes ❑ No D. LIMITS (Must be $1M min. BI & PD and $500,000 UM): What is limits provided? hr1 +t E. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? Yes ❑ No F. PRIMARY & NON - CONTRIBUTORY WORDING (For Waste Haulers only): Is it included? nto-❑ Yes ❑ No G. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. III. WORKERS' COMPENSATION A. INSURANCE COMPANY: CL Sic ct�_ B. AM BEST RATING (A: VII or greater): C. LIMITS: Statutory D. WAIVER OF SUBROGATION (To include): Is It Included? ❑ Yes t�No HAVE ALL ABOVE REQUIREMENTS BEEN MET? „ ❑ Yes KNo C -2) CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 9 June 10, 2003 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY FROM: Public Works Department Robert Stein, Principal Civil Engineer 949- 644 -3311 rstein@city.newport-beach.ca.us SUBJECT: BALBOA VILLAGE PROFESSIONAL ASSOCIATES RECOMMENDATIONS: IMPROVEMENTS PHASE 2 — AMENDMENT TO SERVICES AGREEMENT WITH HARRIS & 1. Approve Amendment No. 1 to Harris & Associates, Inc. for supplemental construction management services and authorize the Mayor and City Clerk to execute the Amendment for a not -to- exceed fee of $69,980. 2. Approve a Budget Amendment appropriating $69,980 from the unappropriated balance of the General Fund to Account No. 7024- C5100543, Balboa Village Improvement Project— Phase Il. DISCUSSION In September of 2002 a construction management fee of $178,000 was negotiated with Harris & Associates for construction management services for the Balboa Village Improvements Phase 2 project. Services were based on starting construction in September and a project completion date of May 31, 2003. The start of the project was delayed while discussions were held over the disposition of the Main Street Ficus trees. These discussions and other actions ended up delaying the project start date by eight weeks, and as a consequence, the anticipated project completion date also slipped. While the Ficus tree discussions were proceeding, Harris & Associates negotiated with the contractor for construction task modifications, coordinated re- sequencing of construction activities and utility undergrounding work, and issued correspondence modifying construction documents. With the commencement of construction in November, Harris & Associates provided a significant extra level of service to accelerate critical construction activities prior to the Christmas Boat Parade. For the 407 hours of additional work performed during the period of October 2002 to January 2003, staff recommends the Consultant be compensated an additional $49,980. SUBJECT: Balboa Village Improve Phase 2 - Amendment to Professional Services ment with Harris and Associates June 10, 2003 Page 2 While Main Street was opened prior to Memorial Day and the project is now substantially complete, construction activities are proceeding into June and require site management services including inspections, change order and progress pay processing, and other contractual tasks. Staff recommends $20,000 be approved for supplementary construction management services by Harris & Associates through July 11. 2003. Staff recommends approval of a Budget Amendment transferring $69,980 from the unappropriated balance of the General Fund to Account No. 7024- C5100543. Environmental Review: A mitigated negative declaration was prepared in 2001 for all three phases of the Balboa Village project. Public Notice: No public notice required. Funding Availability: Upon approval of the recommended Budget Amendment, funds will be available in Account No. 7024- C5100543. Prepared by: 4 C - -� Robert Stein, P.E. Principal Civil Engineer Attachments: Amendment No. 1 Budget Amendment Submitted by Stephen G. Badum Public Works Director E 0 P AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT WITH HARRIS & ASSOCIATES FOR PROFESSIONAL CONSTRUCTION MANAGEMENT SERVICES FOR BALBOA VILLAGE IMPROVEMENTS — PHASE 2 THIS AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT, entered into this day of , 2003, by and between the CITY OF NEWPORT BEACH, a municipal corporation, (hereinafter referred to as "CITY ") and HARRIS & ASSOCIATES, whose address is 34 Executive Park, Suite 150, Irvine, California, 92614, (hereinafter referred to as "Consultant'), is made with reference to the following: ECITALS: A. On October 8, 2002, CITY and CONSULTANT entered into a Professional Services Agreement, hereinafter referred to as "AGREEMENT ", for construction management services for the Balboa Village Improvements - Phase 2, hereinafter referred to as 'PROJECT." The term of the AGREEMENT was to run from September 25, 2002 to September 2003. B. Services to be provided under the AGREEMENT were based on a project start date in September, 2002 and a project completion date of May 31, 2003. However, the construction start date for the project was delayed significantly while discussions were held over the disposition of the Main Street Ficus trees. These discussions and other actions ended up delaying the project start date by eight weeks. C. While the Ficus tree discussions were proceeding, CONSULTANT negotiated with the contractor for construction task modifications and coordinated a resequencing of construction activities and utility underground work, among other 0 things. In addition, CONSULTANT provided an extra level of service in order to accelerate critical construction activities prior to the Christmas Boat Parade. The cost of these additional services provided by CONTRACTOR totaled $49,980. D. While Main Street was opened prior to Memorial Day and the project is now substantially complete, construction activities are still proceeding and require site management services into the months of June and July 2003 that were not included in the original Scope of Services attached to the AGREEMENT, based on the original construction start date of September 30. The cost for these supplementary construction management services totals $20,000. E. CITY desires to enter into this AMENDMENT No. 1 to compensate CONSULTANT for the additional professional services needed for PROJECT due to the delay in the original project completion date. F. CITY and CONSULTANT mutually desire to amend AGREEMENT, hereinafter referred to as "AMENDMENT NO. 1 ", as provided here below. NOW, THEREFORE, the parties hereto agree as follows: 1. CONSULTANT shall be compensated for services already performed pursuant to this AMENDMENT NO. 1 according to "Exhibit AV dated May 27, 2003 and for additional services necessary to complete the project, as outlined in the scope of services included as "Exhibit A2" dated May 29, 2003 attached hereto. 2. Total additional compensation to CONSULTANT for the services performed and to be performed pursuant to this AMENDMENT NO. 1 shall not exceed Sixty -Nine Thousand Nine Hundred Eighty Dollars ($69,980). 3. Except as expressly modified herein, all other provisions, terms, and covenants set forth in AGREEMENT shall remain unchanged and shall be in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT NO. 1 on the date first above written. CITY OF NEWPORT BEACH, A municipal corporation APPROVED AS TO FORM: Steven Bromberg, Mayor City of Newport Beach 0 City Attorney HARRIS & ASSOCIATES M ATTEST: LaVonne Harkless City Clerk f: \users \pbw\shared \agreements \fy 02- 03 \harris & assoc- balboa village phase 2- amendment no 1.doc May 27, 2003 Harris & Associates Program Managers Mr. Bill Patapoff Construction Managers Public Works Department City of Newport Beach Civil Engineers 3300 Newport Boulevard Newport Beach, California 92658 Reference: Professional Construction Management Services Level of Effort Balboa Village Improvements — Phase H Dear Bill: Harris & Associates is in receipt of the City's response letter, dated May 5, 2003 in reference to the level of effort for construction services on the Balboa Village Improvements, Phase H project. Although Harris appreciates your concerns regarding staff and utilization, the City's letter is inconsistent with our discussions on April 7, 2003. For your reference, attached is the matrix outlining elements of the scope of work provided to the City during our February 4, 2003 meeting regarding the same subject. The staff responsibilities have been included consistent with our discussions during that meeting. Please note that discussions of the required level of effort began during our initial contract negotiations. Based on the City budget we were concerned that the project would be understaffed. At the request of the City, Harris provided staffing to meet the project needs. Upon realizing that the level of effort was exceeding the budgetary constraints of the City, Harris made several attempts to meet with you particularly in the months of December and January. Based on schedule conflicts, our first meeting was delayed until February 4, 2003. At this meeting, Harris & Associates outlined the required work previously discussed during negotiations of the contract and provided options to the City for the increased level of service and requested adjustments to our contract. The City denied our request for additional fees and in turn assigned City staff to maintain the same level of effort previously provided solely by Harris staff. Harris has provided the level of effort required to maintain the project success while continuing discussions with the City to address construction services fees. In reference to your letter regarding staffing, please note that the contract outlines several staff members' positions and their respective rates. There is however no mention of specific staff to be assigned to the project other than Omar M. Dandashi, PE as the City's contact. Based on discussions on several occasions prior, subsequent, and including the above noted meetings, Harris has made the City aware of the utilization of staff and their roles on the project. Regarding justification for the additional staffing requirements, please refer to Harris & Associates letter, dated April 29, 2003. Note that the City, specifically Bob Stein and yourself, have been informed and updated on the project issues (at the time of the issues) relating to the delay in start of construction and required adjustments due to the legal issues with the removal of the ficus trees on Main Street. In an effort to reach a productive compromise, Harris & Associates is willing to absorb certain project management costs and will not invoice the City for the time Wahed Abrahim spent on the project. However, Harris must be compensated for the time Karen Scott has spent on the project in her role as Assistant Construction Manager. The revised request for additional fees based on current invoicing provided to the City is $47,980.00 (140 hours — O. Dandashi, 267 hours — K. Scott) Harris & Associates has a great interest in assisting the City with the successful completion of this project. We recognize that our present contract expires on May 30, 2003 and that bringing resolution to all outstanding issues is critical. Harris & Associates will provide any additional detailed information EXHIBIT Al E 0 required clarifying the additional fees for construction closeout in June and July 2003 should the City provide a written request to extend our contract beyond May 30, 2003. Please note that Bob Stein has authorized additional material testing included in the April 29, 2003 letter as part of the $32,000.00 to complete the project. (Estimated to be approximately $2,000.00). The materials testing invoice shall be included in our May invoice and will exceed our current budget. Harris & Associates requests a contract amendment in the amount of $49,980.00 for work previously performed and discussed in our letter dated April 29" and the additional material services approved by Bob Stein required to properly maintain and insure the success of the Balboa Village Improvements. In addition we will require written authorization to continue providing services to the City beyond our present contract expiration date. Harris & Associates looks forward to hearing from the City regarding the extension of Harris contract in addition to the equitable resolution of the deferred time issue. As always, Harris remains available to the City for continued discussions. Should you have any further questions, please do not hesitate to contact Omar Dandashi or myself at 949.655.3900. Respectfully, HARAS &, P.E. Vice cc: S. Badum — City of Newport Beach R. Stein — City of Newport Beach J. Cooper - Harris & Associates O. Dandashi - Harris & Associates Harris & Associates 0 I Hams & Associates • Balboa Vile - Phase II Project Organization Matrix xs WA rr OD PROJECT OPERATIONS Request for Information ✓ ✓ Submittals ✓ ✓ Document Control ✓ Project Files ✓ Contract Documents ✓ ✓ TECHNICAL ENGINEERING Request for Information Technical ✓ Submittals Technical ✓ Construction Issue Evaluation J ✓ ✓ Schedule Tracking ✓ ✓ Status Photographs ✓ Quality Control Surveying J ✓ Technical Correspondance ✓ ✓ FIELD INSPECTION Inspection Reports ✓ Construction Photographs ✓ ✓ Extra Work Tracking ✓ Project Progress Quantities ✓ Project As -Builts ✓ Field Safety & SWPPP Compliance ✓ ✓ ✓ Notice of Non Compliance ✓ ✓ Materials Testing ✓ ✓ CONTRACT Request for Quotation ✓ ✓ Change Order Request ✓ ✓ Contract Change Order ✓ ✓ Extra Work Billing ✓ ✓ Stop Notice / Suspension of Work ✓ Contract Document Revisions ✓ Progress Billing ✓ ✓ Scope Negotiations ✓ Project Schedule ✓ ✓ Weekly Statement of Working Days ✓ ✓ Contract Correspondence ✓ ✓ Certiflied Payroll Compliance ✓ ✓ PUBLIC RELATIONS Merchants Association ✓ Residents ✓ Home Owner Association ✓ City / Private Agreements ✓ AGENCY / UTILITY / SUBCONSULTANT COORDINATION City General Services ✓ City uerrties ✓ Traffic Department ✓ Public Works Department ✓ Planning Department ✓ Southern California Edison ✓ Gas Company ✓ Pacific Bell Telephone ✓ Psomas / Nuvis ✓ 0 I Hams & Associates Balboa Village Improvements - Phase I• Project Management Level Of Service Matrix City of Newport Beach Tod Manddy Fse M d yFeehaseace PROJECT AlithEMSTBATION / OPERATIONS Request for Information Submittals Document Control Project Files Contract Documents TECECBCAL ENGINEERING Request for Information Technical Submittals Technical Construction Issue Evaluation Schedule Traclang Status Photographs Quality Control Surveying Technical Correspondarae FIELD INSPECTION Inspection Reports Construction Photographs Ddra Work Tracking Project Progress Quantities Project As -BUltts Field Safety & SWPPP Compliance Notice of Non Compliance Materials Testing CONTRACT Request for Quotation Charge Order Request Contract Change Order Extra Work Billing Stop Notice / Suspension of Work Contract Document Revisions Progress Billing Scope Negotiations Project Schedule Weeldy Statement of Worlarg Days Contract ConOSpondance Certified Payro6 Compliance PUBLIC REIATIONS Merchants Association Residents Home Owner Association City / Private Agreements • J J Level of Service Opdoos J ✓ J "o, Ir- 1A• z 2A• $M1874' $ T71 $ 36,260 $ 32,560 $ 47,060 S 9,000 S 17,500 S 1$80D S PrrarW. PerMomh PerMOmh Rrron6n P J J J J ✓ J J ✓ J .. Gonrsbuction Pmgmss, Equpwrlf oral Lehu Lap. J ✓ J . ' J dCarvsbucron nPAgN4 ahw Pspoodw ✓ J ✓ ✓ Tmckai(bnu 'I imcbrq SfMSbp, LaDOrb Banpmmnf kxtl Exbe J ✓ I ✓ ✓ Nbk Dkplid Nbrk Task Description room Process a Tlxk RR, Cow Mwgh CM a Epinear Process a Tree SubrnAbb, Caddineb adh OW Engam Track 6 Log ae ramvnM. oupairg CwWpa,mzea DwumenR end ASSgn b Raspoosbb SW Mel "Rgecifrlas gbrd Copy d LbbLaae) Maknafn PIMA( Contract Documentr (FLard copra Late wie) Raven, RR a Prwifa Tachnkal OnbminaLM Re view SUbnMUk d Provide TaMnkal Dawanvalka Evabale Technical flab 143083 in Fb and Debmun oWbns forReavubon Revbwaeaai'w Schabb and imck Progress V/e w wftwpnyecf mo Sbbs Robgrepb bpo b t 0. calf Snay s Ufxonsuentb VerMCwbacrir ' lMOk as Needed. Left. F M.WaMUmi FaedDkecrroa b cft*CwtractD vnanfs. J I J Dtly Con lnxon Pmgmas Repels bck" .. Gonrsbuction Pmgmss, Equpwrlf oral Lehu Lap. I ✓ J dCarvsbucron nPAgN4 ahw Pspoodw ,. a, Pmsenf ✓ Tmckai(bnu 'I imcbrq SfMSbp, LaDOrb Banpmmnf kxtl Exbe Nbk Dkplid Nbrk J ✓ J .... Revlaw b COriMn MwWy DMSr(lnldl OuanhL'os I ✓ J ReviwdCamFm MongW Cantrackr^,"Alan J ✓ J RPaedesin kInFl¢ Cy mCoa/rStrgoe ' afth SWPPF , ( i e)n, n, and Vet bce 5abty J v, I /ss NO0.oas Regvucdklbns oNbk 00 of b.. No . Campkence ./ ✓ ! tnodr bCmpecrwliasGrgm FrWiniabM Cxair cloy& . RequesbdM COntreclx6 Requkadhy Cmbxt ✓ I Manage Prepare. Ereabb, and A prove /Plo=t Cnnfmct RFO. ✓ I Manage. Prepme Evaubb, and Appwe /Pmo6ss . Contract COR. ✓ J Manage, Prepare, Ewubb, and Approve /Prawsa canoes xo. ✓ J Menage. Ampere. Eteable andApprovn /Ptorott . .. Canbecf ESba Nbk. / ✓ Oelerrlmra dLTtw Notloe tASUSpansM gNyk ar .. '.. " Shop NaLro b compibrca wr Contract Tearsd Puaac safelycoa d ✓ J Pm>BSS CaMmct OOCUmenlftavifivr ; MbrpaY(bn J ✓ J Prepare Cllr MadMy6rrg SYWwM ✓ J' Wgahbb wan conLecb Revs AOM= .. klodOCa = b Cblhad nbkd Scapa ✓ J corbel, RMaYSUreNbkretrpl®xe Dal 0Meas tr,fbMrcnelmpxCBOabmine . cpnecNe Meeswas. convc J ✓ J Ampere Nbaky SbMantafNbgrp Days br Issuance lo COntrecb ✓ J Rmpam Lelbm be nly, R&4K Madly, o,E,*. ✓ - J Cnnkact Pmvbbu Review Complan fxredPeym/bCantrxt ' FurMrq Camprexa ./ Al ,, Raspwd, b Caorwa M ntr6 .J SMOA Cowdina Mwire Resklentr iadudkS Pudic Ou a Rek, Rabtkaa J Abhrt Raspo 48cam16 ab vAV ResideMNgne Ras 'J Aft liAs Alvalon Nagotiab• Pant(euslnets �.RdeM ^Plrvam Ovme6..y/@aantr onaMeralDryas Rebdpb Balboa Village Improvements - Phase fie Project Management Level Of Service Matrix City orNenport Rest Todw.fl*Fee U.dwyr enrre.s,. Level of Service Options; Correact O don 1 option 1A' 2 2A' S i$700 S 27,700 S 36,200 $ 32,360 $ 41,669 Caomineb Cauavca'oa Operetims nitlr GUical Services $ 9,000 $ 17,300 f 13,860 $ 22,300 iblrorWr PerllonM Prlbntlr perlronN t #I.orrN Task Description AGENCY / UTILITY / SUBCONSULTANT COORDINATION City General Services I Caomineb Cauavca'oa Operetims nitlr GUical Services City Utilities 1 v oordvarte CorutreclUn Qperea'ms.rlh IvFaSies Dsperbwnt Traffic Department '.� Caordne�COnstruction OperaO'ons van ivefic DepaMrent Public Works Department J Caamreb CbaWClpn OpareGwa van PoGlb sYaks DepeNrcnt Planning Department CaorctnaL^ constrocdm opeesacm; v,Atr W nhq Darortrncnl Southern California Edison caorslneb Cp stpc8m dpera8ons wqr SCE Gas Company ✓ CaaNneb Canstrruoon operaans xrn pBCtlelr Pacific Bell Telephone canclnrcn'on DPerotiuo* sMn �+' �. Psomas / Nuvis Coorrdrt.b Gonabecti'» op. a1m Des9ners TOTAL CONTRACT FEES (E dude Subwarulbet Fm) S 16$316 $ 249,316 S 324816 S 292,516 S 369,016 FEE INCREASE III on 914.th Contract LeogM) S 81,809 S 157,509 S 124,200 S 280,700 'Full Tore Inspection SUMMARY OF DOCUA¢NTS PROCESSED TO DATE WITH FULL LEVEL OF SERVICE (OPTION 2) Ftmd (ran Mid Novcvnber 2002 to Mid January 2003 Correspondence (tellers, Transmittals, Fax) 250 (Apprortimate) Email. 800 (Approvmate) Field Memo, Directives 35 Request for Information 22 Notice of Non Compliance 3 Change Omer Request 16 Request for Quotation 16 Contract Change Orders 4 Inspection Reports 55 Submittal. 17 Total Documents To Date 1,218 � Harris B Associates • 0 May 29, 2003 Mr. Bill Patapoff Public Works Department City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92658 Reference: Professional Construction Management Services Project Close Out Level of Effort Balboa Village Improvements — Phase II Dear Bill: Harris & Associates Program Managers Construction Managers Civic Engineers Harris & Associates is pleased to present the following project close out level of effort for the Balboa Village Improvements — Phase ll Construction Management Services as part of an addendum to the Harris existing Professional Services Agreement. The items outlined below are based on discussions with Bob Stein on May 28, 2003 and are considered to be in addition to the deferred professional services fees addressed in Barris & Associates letter dated May 27, 2003. 1. The period of this contract addendum shall be from June 1, 2003 through July 9, 2003 (6 week extension period) 2. Construction Management services shall be consistent with the existing professional Services Agreement level of effort (equivalent 16 hours per week construction manager time at 5152.00 per hour) 3. Construction Management staff utilization shall be at the sole discretion of Harris & Associates. Omar Dandashi shall function as the Project Contract Representative. 4. Construction Inspection services shall be consistent with the existing Professional Services Agreement for the period from June 1, 2003 through June 13, 2003 only (Z week extension period). 5. Construction Inspection staff shall be John Johnson, 6. The City shall provide supplementary project level staffing. Harris & Associates requests a construction services support contract supplementary amendment in the amount of $20,000.00 dollars to address the additional level of effort required to complete the Balboa Village Improvements project. Should you have any further questions, please do not hesitate to contact Omar Dandashi or myself at 949.655.3900. Respectfully, $A AS CIATES Vice President S- Bad=— City of Ncwport Bcach R. Stein — City of Newport Beach J. Cooper - Harris & Associates 0 Dandashi - Harris & Associates I: \U,s r \HAFMONY\030529 Newpon Harris Fees.doc EXHIBIT A2 34 Executive Park, Suite 150 Irvine, California 92614 -4705 949.655.3900 FAX 949.655.3995 irvine @harris•assoc.com pity of Newport Beach* NO, BA- 074 BUDGET AMENDMENT 2002 -03 AMOUNT: $se,9eo.00 EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates Increase in Budgetary Fund Balance �X Increase Expenditure Appropriations AND X Decrease in Budgetary Fund Balance Transfer Budget Appropriations No effect on Budgetary Fund Balance SOURCE: from existing budget appropriations from additional estimated revenues PX from unappropriated fund balance EXPLANATION: This budget amendment is requested to provide for the following: To increase expenditure appropriations for the Balboa Village Improvement Project, Phase 2. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account 010 3605 REVENUE ESTIMATES (3601) Fund /Division Account EXPENDITURE APPROPRIATIONS (3603) Description General Fund Fund Balance Description Amount Debit Credit $69,980.00 ' $69,980.00 Division Number Account Number Automatic System Entry. Signed: /""""`� / -`�`"' yJ . �o • • -- b� Financial pprovaly: Administrative Services Director Date Signed: Z (j ��- A ministrative Approv : City Manager ate Signed: City Council Approval: City Clerk Date Description Division Number 7024 Neighborhood Enhancement B Account Number C5100543 Balboa Village Plan Division Number Account Number Division Number Account Number Division Number Account Number Amount Debit Credit $69,980.00 ' $69,980.00 Division Number Account Number Automatic System Entry. Signed: /""""`� / -`�`"' yJ . �o • • -- b� Financial pprovaly: Administrative Services Director Date Signed: Z (j ��- A ministrative Approv : City Manager ate Signed: City Council Approval: City Clerk Date �ity of Newport Beacig BUDGET AMENDMENT 2002 -03 EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates X Increase Expenditure Appropriations Transfer Budget Appropriations SOURCE: from existing budget appropriations from additional estimated revenues PX from unappropriated fund balance EXPLANATION: NO. BA- 074 AMOUNT: $69,980.00 Increase in Budgetary Fund Balance AND X Decrease in Budgetary Fund Balance No effect on Budgetary Fund Balance This budget amendment is requested to provide for the following: To increase expenditure appropriations for the Balboa Village Improvement Project, Phase 2. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account 010 3605 REVENUE ESTIMATES (3601) Fund /Division Account EXPENDITURE APPROPRIATIONS (3603) Description General Fund Fund Balance Description Amount Debit Credit $69,980.00 ` $69,980.00 Division Number Account Number Automatic System Entry. Signed: Financial pprovaly: Administrative Services Director Date Signed: 4 !j 4, A�yrinis ative App'rq /ov : City Manager at Signed: %� ,,t aMA, oE: - v �l I}A� t7 1 k City Council Approval: City Clerk Date Description Division Number 7024 Neighborhood Enhancement B Account Number C5100543 Balboa Village Plan Division Number Account Number Division Number Account Number Division Number Account Number Amount Debit Credit $69,980.00 ` $69,980.00 Division Number Account Number Automatic System Entry. Signed: Financial pprovaly: Administrative Services Director Date Signed: 4 !j 4, A�yrinis ative App'rq /ov : City Manager at Signed: %� ,,t aMA, oE: - v �l I}A� t7 1 k City Council Approval: City Clerk Date 0 41 C. _� So- mot CC PROFESSIONAL SERVICES AGREEMENT FOR CONSTRUCTION MANAGEMENT SERVICES FOR BALBOA VILLAGE IMPROVEMENTS PHASE 2 AND INSPECTION SERVICES FOR OTHER CAPITAL IMPROVEMENT PROJECTS THIS AGREEMENT, entered into this C, ck day of OCt_, 2002, by and between the City of Newport Beach, a Municipal Corporation (hereinafter referred to as "City "), and Harris & Associates, whose address is 34 Executive Park, Suite 150, Irvine, California, 92614, (hereinafter referred to as "Consultant'), is made with reference to the following: RECITALS A. City is a Municipal Corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City is planning to implement part-time construction management services for the "Balboa Village Improvement Project. Phase 2, and inspection services for other Capital Improvement Projects (CIP)," hereinafter referred to as "Project." C. The principal member of Consultant for purpose of Project is Dave Seevers, P.E., Vice President, and CM Manager. D. 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. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: -1- • 0 1. TERM The term of this Agreement shall commence on the 25th day of September 2002, and shall terminate on the 25th day of September 2003, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Consultant shall diligently perform all the duties set forth in the scope of services, attached hereto as 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 two hundred fifty seven thousand and 00/100 Dollars ($257,000). 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 -2- AN been specifically approved in this Agreement, or specifically approved in advance by City. Such cost shall be limited and shall include nothing more than the following costs incurred by Consultant: A. The actual costs of subconsultants for performance of any of the services which Consultant agrees to render pursuant to this .Agreement which have been approved in advance by City and awarded in accordance with the terms and conditions of this Agreement. B. Approved reproduction charges. C. Actual costs and /or other costs and /or payments specifically authorized in advance in writing and incurred by Consultant in the performance of this Agreement. 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. 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 -3- • E disapprove Consultant's work, delay or faulty performance by City, contractors, or governmental agencies, or any other delays beyond Consultant's control. 4.3 The term Construction Management, Construction Manager, or Construction Inspector, does not. imply that Consultant is engaged in any aspect of the physical work of construction contracting. Consultant shall not have control over or charge of, and shall not be responsible for Project's design, Project's contractor (hereinafter referred to as "Contractor") construction means, methods, techniques, sequences or procedures, or for any health or safety precautions and programs in connection the work. These duties are and shall remain the sole responsibility of the Contractor. Consultant shall not be responsible for the Contractor's schedules or failure to cant' out the work in accordance with the contract documents. Consultant shall not have control over or charge of acts or omissions of City, Design Engineer, Contractor, Subcontractors, or their Agents or employees, or of any other persons performing portions of the work. 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 no 0 control over Consultant shall mean that Consultant shall follow the desires of City only in the results of the services. 6. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated Project Administrator, and any other agencies which may have jurisdiction or interest in the work to be performed. City agrees to cooperate with Consultant on Project. 7. PROJECT MANAGER Consultant shall assign the Balboa Village Phase 2 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 Omar M. Dandashi, P.E., to be its Project Manager. Consultant shall not bill any personnel to Project other than those personnel identified in Exhibit `B ", whether or not considered to be key personnel, without City's prior written approval by name and specific hourly billing rate. Consultant shall not remove or reassign any personnel designated in this Section or assign any new or replacement person to Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to removal or assignment of non -key personnel. Consultant, at the sole discretion of City, shall remove from Project any of its personnel assigned to the performance of services upon written request of City. Consultant warrants it will continuously fumish the necessary personnel to complete Project on a timely basis as contemplated by this Agreement. a. TIME OF PERFORMANCE Time is of the essence in the performance of the services under this Agreement and the services shall be performed by Consultant to complete by May 30, 2003. The failure by Consultant to strictly adhere to the schedule may result in termination of this Agreement by -5- 0 City. 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 or his duly authorized designee informed on a regular basis regarding the status and progress of the work, activities performed and planned, and any meetings that have been scheduled or are desired. 02 0 10 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 policies shall add City, it's elected officials, officers, 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 -7- • • assigned Best's A -VII or better rating: A. Worker's compensation insurance covering all employees and principals of Consultant, per the laws of the State of California. B. Commercial general liability insurance covering third party liability risks, including without limitation, contractual liability, in a minimum amount of $1 million combined single limit per occurrence for bodily injury, personal injury and property damage. If commercial general liability insurance or other form with a general aggregate is used, either the general aggregate shall apply separately to this Project, or the general aggregate limit shall be twice the occurrence limit. C. Commercial auto liability and property insurance covering any owned and rented vehicles of Consultant in a minimum amount of $1 million combined 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 ($1,000,000.00). Said policy or policies shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days' prior notice has been given in writing to City. Consultant shall give City prompt and timely notice of claim made or suit instituted arising out of Consultant's operation hereunder. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. Consultant agrees that in the event of loss due to any of the perils for which it has agreed to provide comprehensive general and automotive liability insurance, that Consultant shall look solely to its insurance for recovery. Consultant hereby grants to City, on behalf of any insurer providing comprehensive general and automotive liability 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 Neither party shall 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 both parties. Any attempt to do so without consent of both parties 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 orjoint- venture or syndicate or co- tenancy, which shall result in changing the control of Consultant, shall be construed as an assignment of this Agreement. Control means fifty percent (50 %) or more of the voting power, or twenty -five percent (25 %) or more of the assets of the corporation, partnership or joint- venture. The rights and benefits under this agreement are for the sole and exclusive benefit o Client and Consultant and it shall not be construed that any third party has interest in this agreement. 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 -9- 0 • 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 the release of information is authorized by City. 17. CITY'S RESPONSIBILITIES In order to assist Consultant in the execution of his responsibilities under this Agreement, City agrees to provide the following: A. City will provide access to and upon request of Consultant, provide one copy of all existing record information on file at City. Consultant shall be entitled to rely upon the accuracy of data information provided by City or others without independent review or evaluation. City will provide all such materials in a timely manner so as not to cause delays in Consultant's work schedule. B. City staff will provide usable life of facilities criteria and provide information with regards to deficient facilities. -10- • i 18. ADMINISTRATION This Agreement will be administered by the Public Works Department. Bill Patapoff, P.E. shall be considered the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator or his authorized representative shall represent City in all matters pertaining to the services to be rendered pursuant to this Agreement. 19. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit and make transcripts or copies of such records. Consultant shall allow inspection of all work, data, documents, proceedings and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 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. -11- 21. ERRORS AND OMISSIONS In the event of errors or omissions that are due to the negligence or professional inexperience of Consultant which result in expense to City greater than would have resulted if there were not errors or omissions in the work accomplished by Consultant, the additional design, construction and /or a restoration expense shall be borne by Consultant. Nothing in this paragraph is intended to limit City's rights under any other sections of this Agreement. 22. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other consultants in connection with Project. 23. CONFLICTS OF INTEREST A. Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act "), which (1) requires such persons to disclose financial interest that may foreseeably be materially 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. -12- 0 i 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. All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: Mr. Bill Patapoff, City Engineer Public Works Department City of Newport Beach 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: Mr. Omar Dandashi, P.E. Harris & Associates 34 Executive Park, Suite 150 Irvine, CA 92614 -4705 949- 655 -3900 949 - 655 -3995 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 Either party 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 -13- • • provided herein. Upon termination of this Agreement, City shall pay to Consultant that portion of compensation specified in this Agreement that is earned and paid 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. 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 submittals provided under this Agreement. -14- 9 0 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. APPROVED AS TO FORM: By: RoA C uson Assistant City Attorney ATTEST: LaVonne Harkless City Clerk CITY OF NEWPORT BEACH A Municipal Corporation By :- Mayor Tod W. Ridge City of Newport Bea HARRIS & ASSOCIATES By: Z,.t, /'L f: \users \pbw\shared\agreements \fy 02 -03 \hams & assoc- balboa village phase 2 -draft 9- 24.doc -15- EXHIBIT A SCOPE OF SERVICES Balboa Village Phase II 2.2 PRE - CONSTRUCTION PHASE SERVICES 2.2.01 Pre- Construction Conference — HARRIS in conjunction with the CLIENT shall organize, schedule and attend and record the pre- construction conference prior to the start of any field activities. 2.2.02 Establish and Setup Project Field Office — Prior to the start of construction HARRIS will setup a field office in close proximity to the project site. As part of the field office setup HARRIS will establish the project communication, document control and filing systems. As part of project setup HARRIS will establish email system for communication with the CLIENT. 2.3 CONSTRUCTION PHASE SERVICES 2.3.01 On -Site Manaaement & Construction Phase Communication Procedures - HARRIS shall provide and maintain a part -time management team on the Project site to provide contract administration as an agent of the CLIENT, and HARRIS shall establish and implement coordination and communication procedures among CLIENT, HARRIS, Design Professional and Contractor. 2.3.02 Construction Administration Procedures - HARRIS shall establish and implement procedures for reviewing and processing request for clarifications and interpretations of the Contract Documents; shop drawings, samples and other submittals; contract schedule adjustments; change order proposals; written proposals for substitutions; payment applications; and the maintenance of logs. As the CLIENT's representative at the construction site, HARRIS shall be the party to whom all such information shall be submitted. 23.03 Review of Reauests for Information. Shoo Drawinas. Samoles & Other Submittals HARRIS shall review the Contractors' requests for information, shop drawings, samples and other submittals to determine the anticipated effect on compliance with the Project requirements and the Project and Construction Budget. HARRIS shall forward to the Design Professional for review the request for clarification or interpretation, shop drawing, sample, or other submittal, along with HARRIS' comments. HARRIS' comments shall not relate to design considerations, but rather to matters of constructability, cost, sequencing, scheduling and time of construction, and clarity, consistency, and coordination in documentation. HARRIS shall receive from the Design Professional, and transmit to the Contractor, all information so received from the Design Professional. 2.3.04 Change Order Preparation, Negotiation and Processing - Establish, implement and coordinate systems for processing all contract change orders. Prepare independent cost estimate for all contract change orders. Negotiate all contract change orders with the Contractor. Prepare contract change order document for execution by Contractor and CLIENT. 0 0 2.3.05 Change Order Reports - HARRIS shall periodically prepare and distribute Change Order Reports during the Contraction Phase. The Report shall list all CLIENT - approved change orders by number, a brief description of the change order work, the cost established in the change order and percent of completion of the change order work. 2.3.06 Minor Variations in the Work- HARRIS may authorize minor variations in the Work from the requirements of the contract Documents that do not involve an adjustment in the contract price or the contract time and which are consistent with the overall intent of the Contract Documents. CLIENT shall provide to the Design Professional copies of such authorizations. 2.3.07 Contractor's Construction Schedule - HARRIS shall review each Contractor's Construction Schedule and shall verify that the schedule is prepared in accordance with the requirements of the Contract Documents and that it establishes completion dates that comply with the requirements of the Contract. 2.3.08 Progress Payments - HARRIS shall review the payment applications submitted by each Contractor and determine whether the amount requested reflects the progress of the Contractor's work. HARRIS shall make appropriate adjustments to each payment application and shall prepare and forward to the CLIENT a Progress Payment Report. The Report shall state the total contract price, payments to date, current payment requested, retainage and actual amounts owed for the current period. 2.3.09 QualitReview - HARRIS shall establish and implement a program to monitor the quality of the construction. The purpose of the program shall be to assist in guarding the CLIENT against defects and deficiency in the Work of the Contractors. HARRIS shall reject Work and transmit to the CLIENT and Contractor a notice of nonconforming Work when it is the opinion of HARRIS, CLIENT or Design Professional that the Work does not conform to the requirements of the Contract Documents. Except for minor variations, HARRIS is not authorized to change, revoke, alter, enlarge, relax or release any requirements of the Contract Documents or to approve or accept any portion of the work not performed in accordance with the Contract Documents. Communication between HARRIS and Contractor with regard to Quality Review shall not in any way be construed as binding CLIENT or HARRIS as releasing the Contractor from the fulfillment of any of the terms of his Contract Documents. HARRIS will not be responsible for, nor does HARRIS control, the means, methods, techniques, sequences and procedures of construction for the Project. It is understood that HARRIS' action in providing Quality Review as stated herein is a service to the CLIENT and by performing as provided herein, HARRIS is not acting in a manner so as to assume responsibility or liability, in whole or in part, for all or any part of the construction work for the Project. No action taken by HARRIS shall relieve any or all of the Contractors from their obligation to perform their work in strict conformity with the Contract Documents and in strict conformity with all other applicable laws, rules and regulations. 2.3.10 Photographs and Videos - Provide videotape and photographic documentation of project - site prior to and during construction. 2.3.11 Review "As- Built" Drawings - Review set of contract documents maintained by the Contractor with up -to -date information regarding all addendum, substitutions, clarifications and change orders and confirm information is maintained completely and currently. 0 0 2.3.12 Subsurface & Physical Conditions - Whenever the Contractor notifies HARRIS that a surface or subsurface condition at or contiguous to the site is encountered that differs from what the Contractor is entitled to rely upon or from what is indicated or referred to in the Contract Documents, or that may require a change in the Contract Documents, HARRIS shall notify the Design Professional. HARRIS shall receive from the Design Professional and transmit to the Contractor all information necessary to reflect any design changes required to be responsive to the differing or changed condition and, if necessary, shall prepare a change order. 2.3.13 Field Inspection - Provide part -time detailed field inspection services to verify compliance with the contract documents. 2.3.14 Field Testing - Test installed materials to verify compliance with contract documents. 23.15 Laboratory Testing - Utilizing laboratory methods, test construction materials to verify compliance with contract documents. 2.3.16 QualitControl Surveying - Provide as needed quality control surveys to verify lines and grades with contract documents. 2.3.17 Contractor's Safety Program - CLIENT shall require each Contractor that will perform Work at the site to prepare and submit to HARRIS for general review a safety program, as required by the Contact Documents. HARRIS shall not be responsible for any Contractor's implementation of or compliance with its safety programs or for initiating, maintaining, monitoring or supervising the implementation of such programs or the procedures and precautions associated therewith, or for the coordination of any of the above with the other prime Contractors performing the work at the site. HARRIS shall not be responsible for the adequacy or completeness of any Contractor's safety programs, procedures or precautions. HARRIS shall notify Contractor of safety problems. HARRIS shall direct Contractor to suspend work if imminent hazard is not immediately remedied or a dangerous condition persists. 2.3.18 Traffic Control and Public Safety — HARRIS shall monitor all traffic control and public safety plans for compliance with the plan approved by the CLIENT. Assist the CLIENT in the review of detour, lane closures, temporary access, signing, delineation and traffic control plans. Report deficiencies to contractor. 2.4 OVERTIME FIELD SERVICES 2.4.01 Overtime Field Inspection - HARRIS shall provide overtime field inspection services as authorized. 2.4.02 Overtime Field Testing - HARRIS shall provide overtime field testing services as authorized. 0 2.4.03 Overtime Laboratory Testing - HARRIS shall provide overtime laboratory testing services as authorized. 2.4.04 Overtime Surveying - HARRIS shall provide overtime surveying services as needed. 2.5 FINAL ACCEPTANCE /CLOSEOUT SERVICES 2.5.01 Final Inspection and Punchlist - HARRIS shall provide final inspection and prepare list of project construction deficiencies for resolution by Contractor. 2.5.02 Construction Approval /Acceptance -HARRIS shall make recommendations to CLIENT regarding final project approval and acceptance. 2.5.03 Final Payment - HARRIS shall make recommendations to CLIENT regarding Contractors final progress payment request. Prepare final progress payment report for submission to CLIENT. 2.5.04 Project Closeout - HARRIS shall prepare documentation needed for project closeout. Deliver all project documentation to CLIENT. 2.5.05 Final Report -HARRIS shall provide CLIENT with a project final report that includes the following: A financial summary of the construction contracts, change orders, engineering services, project management services and direct purchase items. • summary of project change orders. • construction summary and schedule review. • summary of final acceptance. • review and report on the general contractor, subcontractors and major equipment suppliers. SCOPE OF SERVICES Other Capital Improvement Projects 2.3 CONSTRUCTION PHASE SERVICES 2.3.01 Progress Payments - HARRIS shall review the payment applications submitted by each Contractor and determine whether the amount requested reflects the progress of the Contractor's work. HARRIS shall make appropriate adjustments to each payment application and shall forward to the CLIENT the Progress Payment request. 2.3.02 Quality Review - HARRIS shall establish and implement a program to monitor the quality of the construction. The purpose of the program shall be to assist in guarding the CLIENT against defects and deficiency in the Work of the Contractors. HARRIS shall reject Work and transmit to the CLIENT and Contractor a notice of nonconforming Work when it is the opinion of HARRIS, CLIENT or Design Professional that the Work does not conform to the requirements of the Contract Documents. Except for minor variations, HARRIS is not authorized to change, revoke, alter, enlarge, relax or release any requirements of the Contract Documents or to approve or accept any portion of the work not performed in accordance with the Contract Documents. Communication between HARRIS and Contractor with regard to Quality Review shall not in any way be construed as binding CLIENT or HARRIS as releasing the Contractor from the fulfillment of any of the terms of his Contract Documents. HARRIS will not be responsible for, nor does HARRIS control, the means, methods, techniques, sequences and procedures of construction for the Project. It is understood that HARRIS' action in providing Quality Review as stated herein is a service to the CLIENT and by performing as provided herein, HARRIS is not acting in a manner so as to assume responsibility or liability, in whole or in part, for all or any part of the construction work for the Project. No action taken by HARRIS shall relieve any or all of the Contractors from their obligation to perform their work in strict conformity with the Contract Documents and in strict conformity with all other applicable laws, rules and regulations. 2.3.03 Subsurface & Physical Conditions - Whenever the Contractor notifies HARRIS that a surface or subsurface condition at or contiguous to the site is encountered that differs from what the Contractor is entitled to rely upon or from what is indicated or referred to in the Contract Documents, or that may require a change in the Contract Documents, HARRIS shall notify the Design Professional. HARRIS shall receive from the Design Professional and transmit to the Contractor all information necessary to reflect any design changes required to be responsive to the differing or changed condition and, if necessary, shall prepare a change order. 2.3.04 Field Inspection - Provide part -time detailed field inspection services to verify compliance with the contract documents. Provide daily report to CLIENT. 2.3.05 Contractor's Safety Program - CLIENT shall require each Contractor that will perform Work at the site to prepare and submit to HARRIS for general review a safety program, as required by the Contact Documents. HARRIS shall not be responsible for any Contractor's implementation of or compliance with its safety programs or for initiating, maintaining, monitoring or supervising the implementation of such programs or the procedures and precautions associated therewith, or for the coordination of any of the above with the other prime Contractors performing the work at the site. HARRIS shall not be responsible for the adequacy or completeness of any Contractor's safety programs, procedures or precautions. HARRIS shall notify Contractor of safety problems. HARRIS shall direct Contractor to suspend work if imminent hazard is not immediately remedied or a dangerous condition persists. 2.3.06 Traffic Control and Public Safety — HARRIS shall monitor all traffic control and public safety plans for compliance with the plan approved by the CLIENT. Assist the CLIENT in the review of detour, lane closures, temporary access, signing, delineation and traffic control plans. Report deficiencies to contractor. F: \USERS \PBIMShared\Hgreements \FY 02 -03 \Harris Scope of work.doc 0 0 EXHIBIT B Project Fee (part-time services) Newport Beach Balboa Village Phase II revised 9120N2 Bards 8 Assoaares Full Time Hours I 164 I 144 1 1601 1761 1601 166 t7fi 166 Assumptions: Holidays: =29129P, 11 NOV02,21NOV02,22NOV02,25DECO2. 01 JAN03. 23MAY03, 04JUL02 Construction cost Is estimated at $2.5 million. Construction duration estimated at 205180 working days, with award in baited- 2eplember 2002 and NTP an September 9.30, 2002. Assumes Construction Manager 40% commitment to project (approximately 16 hours per 40 hour week) Construction Managers commitment to be 2 - 8 hour days per week Assumes Construction Inspection 50% commitment to project (approximately 4.5 hours per day) Assumes City will provide a minimum of 2 houre/day additional project inspection duties via separate contract Minimum 2 hours/day additional will be compensated at hourly rate stipulated in this proposal Overtime, Rain, Holidays, and potential time extensions may result in additional Construction Management Services. This cost estimate provides an estimate of the cost of the PART TIME construction management services based upon an assumed schedule of construction that may differ tram the actual schedule. W his estimate may be required. Specific Scope and Tasks to be performed will attached to the contract. The Professional Services Contract shall include a provision giving Harris the right to Terminate the Agreement at its convenience. At the end of he second month of construction and each susequent month Hands will evaluate the level of effort required vs this estimated budget and meet with the City Material Testing and Survey cost estimates are subject to adjustment when the final scope of construction is determined. Other Capital Improvement Projects revised 920102 2002 2003 Aug Sep I Oct I Novi Dec Juml Feb I Mari Ajjrj Ma Jun IJul Task 1 - PreLodstruction Task 2 - Construction Task 3 - Project Close Out Staffing Plan 2002 2003 Prosd Totals Utilization % Hourly Rate Aun Se Dot Nov Dec Jan Feb Mar r sa Jun Jul mw Project Director 170.00 0 0.00 Construction Mona er 152.00 0 0 0 58 64 70 54 67 70 67 40 574 87.308.80 Assistant Construction Manager 100.00 0 0 0 0 0 0 0 0 0 0 0.00 Canstmcfion ins ector 10500 0 104 81 90 99 90 94.5 99 94.5 20 771.5 81p07.50 Contract Administration l Labor Com Hance 65.00 JSea0d 0 000 Public Relations 105.00 0 0.00 Materials Tessin : NINY08 MOORE 5,000.00 5,000.00 Surve COAST SURVEYING 5.00000 5,000.00 Total 0 0 104 139 154 169 154 162 169 162 60 0 $178.316.30 7.f3% Full Time Hours I 164 I 144 1 1601 1761 1601 166 t7fi 166 Assumptions: Holidays: =29129P, 11 NOV02,21NOV02,22NOV02,25DECO2. 01 JAN03. 23MAY03, 04JUL02 Construction cost Is estimated at $2.5 million. Construction duration estimated at 205180 working days, with award in baited- 2eplember 2002 and NTP an September 9.30, 2002. Assumes Construction Manager 40% commitment to project (approximately 16 hours per 40 hour week) Construction Managers commitment to be 2 - 8 hour days per week Assumes Construction Inspection 50% commitment to project (approximately 4.5 hours per day) Assumes City will provide a minimum of 2 houre/day additional project inspection duties via separate contract Minimum 2 hours/day additional will be compensated at hourly rate stipulated in this proposal Overtime, Rain, Holidays, and potential time extensions may result in additional Construction Management Services. This cost estimate provides an estimate of the cost of the PART TIME construction management services based upon an assumed schedule of construction that may differ tram the actual schedule. W his estimate may be required. Specific Scope and Tasks to be performed will attached to the contract. The Professional Services Contract shall include a provision giving Harris the right to Terminate the Agreement at its convenience. At the end of he second month of construction and each susequent month Hands will evaluate the level of effort required vs this estimated budget and meet with the City Material Testing and Survey cost estimates are subject to adjustment when the final scope of construction is determined. Other Capital Improvement Projects revised 920102 Fvll Time Hours 164 I 144 1 1601 176 160 168 176 168 Assumptions: Holidays; 922EPg2, 11 NOV02,21 NOV02,22NOV02, 25DECO2, 01JAN03, 23MAY03, 04JUL02 Construction cost is estimated at $2.5 million, Construction duration estimated at 180 working days Assumes contract administration by City Assumes Construction Inspection 50% commitment to project (approximately 45 hours per day) Overtime, Rain, Holidays, and potential time extensions may result in additional Construction Management Services. This cost estimate provides an estimate of the cast of the PART TIME construction inspector. to this estimate may he required. Specific Scope and Tasks are provided in Exhibit A Total Fee; $257,223.80 it2002 2003 Auo Sep Oct Nov Dec Jan Feb Mar Apr Mas Jun Jul Task 1 - Pre Task 2 - construction strudion onhdfiucfion Task 3 - Project Close Out Staffing Plan 2002 2003 Proed Totals unloadun % Hourly Rale Au Se Dot Noyl Deal Jarl li Marl Apr May Jun Wall I saw Project Director 17000 1 0 0.00 Gmicuuchcm Man a er 152.00 0 0 0 0 0 0 0 0 0 0 0 0 0.00 Assistant Construction Mana er 100.00 0 0 0 0 0 0 0 0 0 0 0.00 Construction Inspector 10500 0 104 81 90 99 90 94.5 99 94.5 751.5 78,907.50 Contract Administration l Labor C m fiance 65.00 0 0.00 Public Relations 105.00 0 0.00 Materials Tessin,: NINY08 MOORE 5,00000 0.00 Survey: COAST SURVEYING 5.000.00 0.00 Total 0 0 104 81 90 99 90 94.5 99 94.5 0 0 $78.907.50 3.16 °w Fvll Time Hours 164 I 144 1 1601 176 160 168 176 168 Assumptions: Holidays; 922EPg2, 11 NOV02,21 NOV02,22NOV02, 25DECO2, 01JAN03, 23MAY03, 04JUL02 Construction cost is estimated at $2.5 million, Construction duration estimated at 180 working days Assumes contract administration by City Assumes Construction Inspection 50% commitment to project (approximately 45 hours per day) Overtime, Rain, Holidays, and potential time extensions may result in additional Construction Management Services. This cost estimate provides an estimate of the cast of the PART TIME construction inspector. to this estimate may he required. Specific Scope and Tasks are provided in Exhibit A Total Fee; $257,223.80 TO: Mayor and Members of the City Council FROM: Public Works Department • C33) C- ,36a'7« ) OCTOBER 8, 2002 CITY COUNCIL AGENDA ITEM NO. 12 CiC u ct [i UC SUBJECT: PROFESSIONAL SERVICES AGREEMENT FOR CONSTRUCTION MANAGEMENT SERVICES FOR BALBOA VILLAGE PHASE 2 IMPROVEMENTS, CONTRACT NO. 3527 AND OTHER CAPITAL IMPROVEMENT PROJECTS. RECOMMENDATION: Approve a $257,000 Professional Services Agreement with Harris & Associates to provide construction management, inspection, and materials testing for the Balboa Village Phase 2 project ($178,000) and other Capital Improvement Projects ($79,000), and authorize the Mayor and the City Clerk to execute the Agreement. DISCUSSION: Harris & Associates provided a full -time site engineer and full -time inspector for the construction management of the Balboa Village Phase 1 improvements, the Balboa Pier Restroom and the Washington Street Restroom. Because there will be a reduced workload this year (Phase 2 of the Balboa Village project is a smaller project than Phase 1) and there is no restroom construction, Staff recommends Harris & Associates provide a part-time site engineer and a part-time inspector for the Phase 2 work. The City would utilize the remaining portion of the inspector's time on other street and utility capital improvement projects in the area. Phase 2 Balboa Village Improvements Phase 2 of the project will link with the improvements constructed in Phase 1 and will install new pavement and landscaping on Oceanfront, Main Street, Washington Street, and Palm Street. • Main Street (from the Pier Plaza to the Balboa Pavilion) • Washington and Palm Streets (from Oceanfront to Balboa Boulevard) • Oceanfront (from A Street to Adams Street) SUBJECT: PROFESSION SERVICES AGREEMENT FOR CONSTRUCTI ANAGEMENT SERVICES FOR BALBOA VIL GE PHASE 2 IMPROVEMENTS, CONTRACT 3527 AND OTHER CAPITAL IMPROVEMENT PROJECTS. October 8, 2002 Page 2 Additionally, new streetlights will be installed on Edgewater, East Bay Avenue, and Washington Street - north of Balboa Boulevard. A water main will be constructed in the alley behind the Theatre from Main Street to Palm Street. Phase 2 is scheduled to start in October 2002, and be completed by May 30, 2003. Harris & Associates will provide the following construction management oversight services: • Ensuring the contractor maintains a safe worksite • Ensuring that the contactor maintains pedestrian and delivery access into businesses • Ensuring traffic control measures are safe and effective • Monitoring contractor progress in meeting the project schedule • Observing, monitoring, and inspecting construction activities including performing material testing • Monitoring design changes and change orders to control cost overruns • Keeping the public informed of lane closures and sidewalk and driveway construction • Monitoring the control of dust, noise, and odor nuisances In addition to managing the Phase 2 construction, Harris & Associates will be the first point of contact for community comments and complaints and will maintain a 24 -hour hotline. Harris & Associates will also assist with coordination of the Phase 2 improvements with several other projects that will be constructed concurrently in the Village area including: • Installation of a Southern California Edison vault in Main Street (October, 2002) • Reconstruction of the sewer pump station on Balboa Boulevard at 'A' Street (starting in February 2003) Other Capital Improvement Projects Approximately fifty percent of Harris & Associates' inspector's time is projected to be spent on several of the following budgeted capital improvements projects from October 2002 to June 2003 with the inspector's time billed to the appropriated project accounts. • Balboa Island Bayfront Repairs • Ocean Front Street Ends • Bayshores Water Main Installation • Peninsula Point Water Main Installation 2 SUBJECT: PROFESSIOf ERVICES AGREEMENT FOR CONSTRUCTIO NAGEMENT SERVICES FOR BALBOA VIL iaE PHASE 2 IMPROVEMENTS, CONTRACT 3527 AND OTHER CAPITAL IMPROVEMENT PROJECTS. October 8, 2002 Page 3 • Balboa Island Pavement Repair • Bayside Drive Pavement Repair • Newport Heights Alley Project For these projects, the Hams & Associates' inspector would report to the City's Construction Engineer. Funding for the Balboa Village Phase 2 improvements is available in the following account: Description Account No. Amount Balboa Village Plan 7024- C5100543 $178,000 Funding for the inspection services for the other projects will be funded from the respective project accounts as determined at a later date, when the project is under construction. Respectfully su IRKS DEPARTMENT Badum, Director . By: 44,)P,4 Robert Stein, P.E. Project Manager Attachment: Professional Services Agreement 71 0 0 PROFESSIONAL SERVICES AGREEMENT FOR CONSTRUCTION MANAGEMENT SERVICES FOR BALBOA VILLAGE IMPROVEMENTS PHASE 2 AND INSPECTION SERVICES FOR OTHER CAPITAL IMPROVEMENT PROJECTS 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 Harris & Associates, whose address is 34 Executive Park, Suite 150, Irvine, California, 92614, (hereinafter referred to as "Consultant'), is made with reference to the following: RECITALS A. City is a Municipal Corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City is planning to implement part-time construction management services for the "Balboa Village Improvement Project. Phase 2, and inspection services for other Capital Improvement Projects (CIP)," hereinafter referred to as "Project." C. The principal member of Consultant for purpose of Project is Dave Seevers, P.E., Vice President, and CM Manager. D. 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. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: -1- 4 1. TERM 0 The term of this Agreement shall commence on the 25th day of September 2002, and shall terminate on the 25th day of September 2003, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Consultant shall diligently perform all the duties set forth in the scope of services, attached hereto as 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 two hundred fifty seven thousand and 00/100 Dollars ($257,000). 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 -2- 6 0 0 been specifically approved in this Agreement, or specifically approved in advance by City. Such cost shall be limited and shall include nothing more than the following costs incurred by Consultant: A. The actual costs of subconsultants for performance of any of the services which Consultant agrees to render pursuant to this Agreement which have been approved in advance by City and awarded in accordance with the terms and conditions of this Agreement. B. Approved reproduction charges. C. Actual costs and /or other costs and /or payments specifically authorized in advance in writing and incurred by Consultant in the performance of this Agreement. 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. 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 Qca ro I 0 0 disapprove Consultant's work, delay or faulty performance by City, contractors, or governmental agencies, or any other delays beyond Consultant's control. 4.3 The term Construction Management, Construction Manager, or Construction Inspector, does not imply that Consultant is engaged in any aspect of the physical work of construction contracting. Consultant shall not have control over or charge of, and shall not be responsible for Project's design, Project's contractor (hereinafter referred to as "Contractor'), construction means, methods, techniques, sequences or procedures, or for any health or safety precautions and programs in connection the work. These duties are and shall remain the sole responsibility of the Contractor. Consultant shall not be responsible for the Contractor's schedules or failure to carry out the work in accordance with the contract documents. Consultant shall not have control over or charge of acts or omissions of City, Design Engineer, Contractor, Subcontractors, or their Agents or employees, or of any other persons performing portions of the work. 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 IQ 1 0 0 control over Consultant shall mean that Consultant shall follow the desires of City only in the results of the services. 6. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated Project Administrator, and any other agencies which may have jurisdiction or interest in the work to be performed. City agrees to cooperate with Consultant on Project. 7. PROJECT MANAGER Consultant shall assign the Balboa Village Phase 2 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 Omar M. Dandashi, P.E., to be its Project Manager. Consultant shall not bill any personnel to Project other than those personnel identified in Exhibit "B ", whether or not considered to be key personnel, without City's prior written approval by name and specific hourly billing rate. Consultant shall not remove or reassign any personnel designated in this Section or assign any new or replacement person to Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to removal or assignment of non -key personnel. Consultant, at the sole discretion of City, shall remove from Project any of its personnel assigned to the performance of services upon written request of City. Consultant warrants it will continuously furnish the necessary personnel to complete Project on a timely basis as contemplated by this Agreement. 8. TIME OF PERFORMANCE Time is of the essence in the performance of the services under this Agreement and the services shall be performed by Consultant to complete by May 30, 2003. The failure by Consultant to strictly adhere to the schedule may result in termination of this Agreement by -5- a City. 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 or his duly authorized designee informed on a regular basis regarding the status and progress of the work, activities performed and planned, and any meetings that have been scheduled or are desired. 0 0 12. HOLD HARMLESS L 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, it's elected officials, officers, 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 -7- I 0 0 assigned Best's A -VII or better rating: A. Worker's compensation insurance covering all employees and principals of Consultant, per the laws of the State of California. B. Commercial general liability insurance covering third party liability risks, including without limitation, contractual liability, in a minimum amount of $1 million combined single limit per occurrence for bodily injury, personal injury and property damage. If commercial general liability insurance or other form with a general aggregate is used, either the general aggregate shall apply separately to this Project, or the general aggregate limit shall be twice the occurrence limit. C. Commercial auto liability and property insurance covering any owned and rented vehicles of Consultant in a minimum amount of $1 million combined 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 ($1,000,000.00). Said policy or policies shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days' prior notice has been given in writing to City. Consultant shall give City prompt and timely notice of claim made or suit instituted arising out of Consultant's operation hereunder. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. Consultant agrees that in the event of loss due to any of the perils for which it has agreed to provide comprehensive general and automotive liability insurance, that Consultant shall look solely to its insurance for recovery. Consultant hereby grants to City, on behalf of I 0 0 any insurer providing comprehensive general and automotive liability insurance to either Consultant or City with respect to the services of Consultant herein, a waiver of any right of subrogation which any such insurer of said Consultant may acquire against City by virtue of the payment of any loss under such insurance. 14. PROHIBITION AGAINST TRANSFERS Neither party shall 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 both parties. Any attempt to do so without consent of both parties shall be null and void. The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or co- tenant if Consultant is a partnership or joint-venture or syndicate or co- tenancy, which shall result in changing the control of Consultant, shall be construed as an assignment of this Agreement. Control means fifty percent (50 %) or more of the voting power, or twenty -five percent (25 %) or more of the assets of the corporation, partnership or joint- venture. The rights and benefits under this agreement are for the sole and exclusive benefit o Client and Consultant and it shall not be construed that any third party has interest in this agreement. 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 Q'1' IS 0 0 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 the release of information is authorized by City. 17. CITY'S RESPONSIBILITIES In order to assist Consultant in the execution of his responsibilities under this Agreement, City agrees to provide the following: A. City will provide access to and upon request of Consultant, provide one copy of all existing record information on file at City. Consultant shall be entitled to rely upon the accuracy of data information provided by City or others without independent review or evaluation. City will provide all such materials in a timely manner so as not to cause delays in Consultant's work schedule. B. City staff will provide usable life of facilities criteria and provide information with regards to deficient facilities. -10- k3 0 18. ADMINISTRATION 11 This Agreement will be administered by the Public Works Department. Bill Patapoff, P.E. shall be considered the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator or his authorized representative shall represent City in all matters pertaining to the services to be rendered pursuant to this Agreement. 19. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit and make transcripts or copies of such records. Consultant shall allow inspection of all work, data, documents, proceedings and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 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. -11- (a 0 0 21. ERRORS AND OMISSIONS In the event of errors or omissions that are due to the negligence or professional inexperience of Consultant which result in expense to City greater than would have resulted if there were not errors or omissions in the work accomplished by Consultant, the additional design, construction and /or a restoration expense shall be bome by Consultant. Nothing in this paragraph is intended to limit City's rights under any other sections of this Agreement. 22. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other consultants in connection with Project. 23. CONFLICTS OF INTEREST A. Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act "), which (1) requires such persons to disclose financial interest that may foreseeably be materially 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. -12- IS 25. NOTICES 0 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. All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: Mr. Bill Patapoff, City Engineer Public Works Department City of Newport Beach 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: Mr. Omar Dandashi, P.E. Harris & Associates 34 Executive Park, Suite 150 Irvine, CA 92614 -4705 949 - 655 -3900 949 - 655 -3995 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 Gity Either party 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 -13- ,1, 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 paid 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. 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 submittals provided under this Agreement. -14- I� IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. APPROVED AS TO FORM: By: Robin Clauson Assistant City Attorney ATTEST: By: LaVonne Harkless City Clerk CITY OF NEWPORT BEACH A Municipal Corporation By: Mayor Tod W. Ridgeway City of Newport Beach HARRIS & ASSOCIATES M f: \users\pbw\shared \agreements \fy 02 -03 \hams & assoc- balboa village phase 2 -draft 9- 24.doc -15- 10 EXHIBIT A SCOPE OF SERVICES Balboa Village Phase II 12 PRE - CONSTRUCTION PHASE SERVICES 2.2.01 Pre - Construction Conference — HARRIS in conjunction with the CLIENT shall organize, schedule and attend and record the pre - construction conference prior to the start of any field activities. 2.2.02 Establish and Setup Project Field Office — Prior to the start of construction HARRIS will setup a field office in close proximity to the project site. As part of the field office setup HARRIS will establish the project communication, document control and filing systems. As part of project setup HARRIS will establish email system for communication with the CLIENT. 2.3 CONSTRUCTION PHASE SERVICES 2.3.01 On -Site Management & Construction Phase Communication Procedures - HARRIS shall provide and maintain a part-time management team on the Project site to provide contract administration as an agent of the CLIENT, and HARRIS shall establish and implement coordination and communication procedures among CLIENT, HARRIS, Design Professional and Contractor. 2.3.02 Construction Administration Procedures - HARRIS shall establish and implement procedures for reviewing and processing request for clarifications and interpretations of the Contract Documents; shop drawings, samples and other submittals; contract schedule adjustments; change order proposals; written proposals for substitutions; payment applications; and the maintenance of logs. As the CLIENT's representative at the construction site, HARRIS shall be the party to whom all such information shall be submitted. 2.3.03 Review of Reauests for Information. Shoo Drawings. Samples & Other Submittals HARRIS shall review the Contractors' requests for information, shop drawings, samples and other submittals to determine the anticipated effect on compliance with the Project requirements and the Project and Construction Budget. HARRIS shall forward to the Design Professional for review the request for clarification or interpretation, shop drawing, sample, or other submittal, along with HARRIS' comments. HARRIS' comments shall not relate to design considerations, but rather to matters of constructability, cost, sequencing, scheduling and time of construction, and clarity, consistency, and coordination in documentation. HARRIS shall receive from the Design Professional, and transmit to the Contractor, all information so received from the Design Professional. 2.3.04 Change Order Preparation. Negotiation and Processing - Establish, implement and coordinate systems for processing all contract change orders. Prepare independent cost estimate for all contract change orders. Negotiate all contract change orders with the Contractor. Prepare contract change order document for execution by Contractor and CLIENT. Iti 0 0 2.3.05 Change Order Reports - HARRIS shall periodically prepare and distribute Change Order Reports during the Contraction Phase. The Report shall list all CLIENT = approved change orders by number, a brief description of the change order work, the cost established in the change order and percent of completion of the change order work. 2.3.06 Minor Variations in the Work - HARRIS may authorize minor variations in the Work from the requirements of the contract Documents that do not involve an adjustment in the contract price or the contract time and which are consistent with the overall intent of the Contract Documents. CLIENT shall provide to the Design Professional copies of such authorizations. 2.3.07 Contractor's Construction Schedule - HARRIS shall review each Contractor's Construction Schedule and shall verify that the schedule is prepared in accordance with the requirements of the Contract Documents and that it establishes completion dates that comply with the requirements of the Contract. 2.3.08 Progress Payments - HARRIS shall review the payment applications submitted by each Contractor and determine whether the amount requested reflects the progress of the Contractor's work. HARRIS shall make appropriate adjustments to each payment application and shall prepare and forward to the CLIENT a Progress Payment Report. The Report shall state the total contract price, payments to date, current payment requested, retainage and actual amounts owed for the current period. 2.3.09 Quality Review- HARRIS shall establish and implementa program to monitorthe quality of the construction. The purpose of the program shall be to assist in guarding the CLIENT against defects and deficiency in the Work of the Contractors. HARRIS shall reject Work and transmit to the CLIENT and Contractor a notice of nonconforming Work when it is the opinion of HARRIS, CLIENT or Design Professional that the Work does not conform to the requirements of the Contract Documents. Except for minor variations, HARRIS is not authorized to change, revoke, alter, enlarge, relax or release any requirements of the Contract Documents or to approve or accept any portion of the work not performed in accordance with the Contract Documents. Communication between HARRIS and Contractor with regard to Quality Review shall not in any way be construed as binding CLIENT or HARRIS as releasing the Contractor from the fulfillment of any of the terms of his Contract Documents. HARRIS will not be responsible for, nor does HARRIS control, the means, methods, techniques, sequences and procedures of construction for the Project. It is understood that HARRIS' action in providing Quality Review as stated herein is a service to the CLIENT and by performing as provided herein, HARRIS is not acting in a manner so as to assume responsibility or liability, in whole or in part, for all or any part of the construction work for the Project. No action taken by HARRIS shall relieve any or all of the Contractors from their obligation to perform their work in strict conformity with the Contract Documents and in strict conformity with all other applicable laws, rules and regulations. 2.3.10 Photographs and Videos - Provide videotape and photographic documentation of project site prior to and during construction. 2.3.11 Review "As- Built" Drawings - Review set of contract documents maintained by the Contractor with up -to -date information regarding all addendum, substitutions, clarifications and change orders and confirm information is maintained completely and currently. N 2.3.12 Subsurface & Physical Conditions - Whenever the Contractor notifies HARRIS that a surface or subsurface condition at or contiguous to the site is encountered that differs from what the Contractor is entitled to rely upon or from what is indicated or referred to in the Contract Documents, orthat may require a change in the Contract Documents, HARRIS shall notify the Design Professional. HARRIS shall receive from the Design Professional and transmit to the Contractor all information necessary to reflect any design changes required to be responsive to the differing or changed condition and, if necessary, shall prepare a change order. 2.3.13 Field Inspection -Provide part-time detailed field inspection services to verify compliance with the contract documents. 2.3.14 Field Testing - Test installed materials to verify compliance with contract documents. 2.3.15 Laboratory Testing - Utilizing laboratory methods, test construction materials to verify compliance with contract documents. 2.3.16 Quality Control Surveying - Provide as needed quality control surveys to verify lines and grades with contract documents. 2.3.17 Contractor's Safety Program - CLIENT shall require each Contractor that will perform Work at the site to prepare and submit to HARRIS for general review a safety program, as required by the Contact Documents. HARRIS shall not be responsible for any Contractor's implementation of or compliance with its safety programs or for initiating, maintaining, monitoring or supervising the implementation of such programs or the procedures and precautions associated therewith, or for the coordination of any of the above with the other prime Contractors performing the work at the site. HARRIS shall not be responsible for the adequacy or completeness of any Contractor's safety programs, procedures or precautions. HARRIS shall notify Contractor of safety problems. HARRIS shall direct Contractor to suspend work if imminent hazard is not immediately remedied or a dangerous condition persists. 2.3.18 Traffic Control and Public Safety — HARRIS shall monitor all traffic control and public safety plans for compliance with the plan approved by the CLIENT. Assist the CLIENT in the review of detour, lane closures, temporary access, signing, delineation and traffic control plans. Report deficiencies to contractor. 2.4 OVERTIME FIELD SERVICES 2.4.01 Overtime Field Inspection - HARRIS shall provide overtime field inspection services as authorized. 2.4.02 Overtime Field Testing - HARRIS shall provide overtime field testing services as authorized. 2l 0 0 2.4.03 Overtime Laboratoy Testing - HARRIS shall provide overtime laboratory testing services as authorized. 2.4.04 Overtime Surveying - HARRIS shall provide overtime surveying services as needed. 2.5 FINAL ACCEPTANCE /CLOSEOUT SERVICES 2.5.01 Final Inspection and Punchlist - HARRIS shall provide final inspection and prepare list of project construction deficiencies for resolution by Contractor. 2.5.02 Construction Approval /Acceptance -HARRIS shall make recommendations to CLIENT regarding final project approval and acceptance. 2.5.03 Final Payment - HARRIS shall make recommendations to CLIENT regarding Contractor's final progress payment request. Prepare final progress payment report for submission to CLIENT. 2.5.04 Project Closeout - HARRIS shall prepare documentation needed for project closeout. Deliver all project documentation to CLIENT. 2.5.05 Final Report -HARRIS shall provide CLIENT with a project final report that includes the following: A financial summary of the construction contracts, change orders, engineering services, project management services and direct purchase items. • summary of project change orders. • construction summary and schedule review. • summary of final acceptance. • review and report on the general contractor, subcontractors and major equipment suppliers. SCOPE OF SERVICES Other Capital Improvement Projects 2.3 CONSTRUCTION PHASE SERVICES 2.3.01 Progress Payments - HARRIS shall review the payment applications submitted by each Contractor and determine whether the amount requested reflects the progress of the Contractor's work. HARRIS shall make appropriate adjustments to each payment application and shall forward to the CLIENT the Progress Payment request. 2.3.02 Quality Review - HARRIS shall establish and implement a program to monitor the quality of the construction. The purpose of the program shall be to assist in guarding the CLIENT against defects and deficiency in the Work of the Contractors. HARRIS shall reject Work and transmit to the CLIENT and Contractor a notice of nonconforming Work when it is the 2�' • 0 opinion of HARRIS, CLIENT or Design Professional that the Work does not conform to the requirements of the Contract Documents. Except for minor variations, HARRIS is not authorized to change, revoke, alter, enlarge, relax or release any requirements of the Contract Documents or to approve or accept any portion of the work not performed in accordance with the Contract Documents. Communication between HARRIS and Contractor with regard to Quality Review shall not in any way be construed as binding CLIENT or HARRIS as releasing the Contractor from the fulfillment of any of the terms of his Contract Documents. HARRIS will not be responsible for, nor does HARRIS control, the means, methods, techniques, sequences and procedures of construction for the Project. It is understood that HARRIS' action in providing Quality Review as stated herein is a service to the CLIENT and by performing as provided herein, HARRIS is not acting in a manner so as to assume responsibility or liability, in whole or in part, for all or any part of the construction work for the Project. No action taken by HARRIS shall relieve any or all of the Contractors from their obligation to perform their work in strict conformity with the Contract Documents and in strict conformity with all other applicable laws, rules and regulations. 2.3.03 Subsurface & Physical Conditions - Whenever the Contractor notifies HARRIS that a surface or subsurface condition at or contiguous to the site is encountered that differs from what the Contractor is entitled to rely upon or from what is indicated or referred to in the Contract Documents, or that may require a change in the Contract Documents, HARRIS shall notify the Design Professional. HARRIS shall receive from the Design Professional and transmit to the Contractor all information necessary to reflect any design changes required to be responsive to the differing or changed condition and, if necessary, shall prepare a change order. 2.3.04 Field Inspection - Provide part-time detailed field inspection services to verify compliance with the contract documents. Provide daily report to CLIENT. 2.3.05 Contractor's Safes Program - CLIENT shall require each Contractor that will perform Work at the site to prepare and submit to HARRIS for general review a safety program, as required by the Contact Documents. HARRIS shall not be responsible for any Contractor's implementation of or compliance with its safety programs or for initiating, maintaining, monitoring or supervising the implementation of such programs or the procedures and precautions associated therewith, or for the coordination of any of the above with the other prime Contractors performing the work at the site. HARRIS shall not be responsible for the adequacy or completeness of any Contractor's safety programs, procedures or precautions. HARRIS shall notify Contractor of safety problems. HARRIS shall direct Contractor to suspend work if imminent hazard is not immediately remedied or a dangerous condition persists. 2.3.06 Traffic Control and Public Safety — HARRIS shall monitor all traffic control and public safety plans for compliance with the plan approved by the CLIENT. Assist the CLIENT in the review of detour, lane closures, temporary access, signing, delineation and traffic control plans. Report deficiencies to contractor. F :IUSERS\PBMShared\Agreements \FY 02 -03 \Harris Scope of work.doc R3 EXHIBIT B Project Fee (part-time services) Newport Beach Balboa Village Phase II revsed 9,20192 n Harris &Assocnice Full Tme Hours 1 184 1 144 1 1601 17611601 l68 176 168 Assumptions: Holidays: C25E1213 2, 11NOV02, 21NOV02.22NOV02, 25DECO2. 01JAND3.23MAY03.04JUL02 Construction cost is estimated at $2.5 million. Construction duration estimated at 245180 working days, with award in Augusl-September 2002 and Ni on September 830. 2002. Assumes Construction Manager 40% commitment to project (approximately 16 hours par 40 hour week) Construction Managers commitment to be 2. 8 hour days per week Assumes Construction Inspection 50% commitment to project (approximately 4.5 hours per day) Assumes Coy will provide a minimum of 2 hourslday additional project Inspection duties via separate contract Minimum 2 hours /day additional will be compensa led at hour rate stipulated in this proposal Overfill Rain, Holidays, and potential time extensions may result in additional Construction Management Services. This cost estimate provides an estimate of the cost of the PART TIME construction management services based upon an assumed schedule of construction that may differ from the actual schedule. to this estimate may be required. Specific Scope and Tasks to be performed will attached to the contract. The Professional Services Continuer shall Include a provision giving Harris the night to Terminate the Agreement at its convenience. At Me end of the second month of construction and each susequenl month Harris will evaluate the level of cited required vs this estimated budget and meet with the City Material Testing and Survey cost estimates are subject to adjustment when the final scope of construction is determined. Other Capital Improvement Projects revised 920102 2002 2033 Au Ss Oar Nw Dec Jan Feb Mar I Apr I May I Jun IJul Jun Task 1 - Pro-COnstrudion Task2 Conshudion Task 3 -Pro eel Close Out Task 1 - Pre{onstruction Task 2 - Construction Task 3 - Prefect Close Out I Starring Plan 1 Staffincr Plan 2002 Am'e Tetra 2003 Pr 'ect Tuna Hourly Rate Iailuenton R Hourly Rata Au Sern Oct Nov Dec Jon Feb Mar r Me Jun Jul I Te41 Prppe Director Pro act Direct. 17000 1 0 0.00 0 0.00 Construction Manager 0 152.00 0 0 74 55 Ed 70 1 64 1 67 70 67 40 0.00 1 574 87.308.80 Assistant Construction Manager 100.00 0 0 0 0 0 0 0 0 0 0 0 0.00 0 fill ConsWCtianl 105.00 104 0 104 et 90 99 90 94.5 99 94.5 20 78.907.50 771.5 81.007.50 Contract Administration I Labor Compliance 65.00 0 0.0 0 0.00 Public Relations 105.00 0 0.00 0 0.00 Materials Train g: NINYO & MOORE 5.000.00 ew Solve : COAST SURVEYING 5.000.00 Survey. COAST SURVEYING 5.00.00 011.1S2 0100 5,000.00 Total Total 0 0 0 0 1T7 139 150 94.5 99 94.5 0 0 60 0 fitT831fi.30 3.16% 3% Full Tme Hours 1 184 1 144 1 1601 17611601 l68 176 168 Assumptions: Holidays: C25E1213 2, 11NOV02, 21NOV02.22NOV02, 25DECO2. 01JAND3.23MAY03.04JUL02 Construction cost is estimated at $2.5 million. Construction duration estimated at 245180 working days, with award in Augusl-September 2002 and Ni on September 830. 2002. Assumes Construction Manager 40% commitment to project (approximately 16 hours par 40 hour week) Construction Managers commitment to be 2. 8 hour days per week Assumes Construction Inspection 50% commitment to project (approximately 4.5 hours per day) Assumes Coy will provide a minimum of 2 hourslday additional project Inspection duties via separate contract Minimum 2 hours /day additional will be compensa led at hour rate stipulated in this proposal Overfill Rain, Holidays, and potential time extensions may result in additional Construction Management Services. This cost estimate provides an estimate of the cost of the PART TIME construction management services based upon an assumed schedule of construction that may differ from the actual schedule. to this estimate may be required. Specific Scope and Tasks to be performed will attached to the contract. The Professional Services Continuer shall Include a provision giving Harris the night to Terminate the Agreement at its convenience. At Me end of the second month of construction and each susequenl month Harris will evaluate the level of cited required vs this estimated budget and meet with the City Material Testing and Survey cost estimates are subject to adjustment when the final scope of construction is determined. Other Capital Improvement Projects revised 920102 Full Time Hours Assumptions: Holidays: 02SGP02, 11 NOV02.21NOV02.22NOV02. 25DECO2, 01JAN03. 23MAY03. 04JUL02 Construction cost is estimated at $2.5 million. Construction duration estimated at 180 working days Assumes contract administration by City Assumes Construction Inspection 50% commitment to project (approximately 4.5 hours per day) Overtime. Rain, Holl and potantlae time extensions may result in additional Construction Management Services. This cost estimate provides an estimate of the cost of the PART TIME consauclibn inspector. to this estimate may be required. Specific Scope and Tasks are provided in Exh6k A Total Fee: 5257.223.80 R9 2002 2003 Au Sao Oct 571 Dec Jan Feb Mar Act May Jun Jul Task 1 - Pre{onstruction Task 2 - Construction Task 3 - Prefect Close Out I Starring Plan 1 2002 2003 Am'e Tetra Wlirarion % Hourly Rate A.P Sea Oct I Nov Dec Jan I Feb Mar I As, I May Jun Jul Tern Prppe Director 170.00 1 0 0.00 Construct. Mana er 152.0 0 0 0 1 0 0 0 1 0 0 0 0 1 0 0 0.00 Assistant Conswction Mana er 100.00 0 0 0 0 0 0 0 0 0 0 0.00 Con$ uctl. Ins ect. 105.00 0 104 81 90 99 90 94.5 99 W,5 751.5 78.907.50 Canal Administration /Labor Conn trance 65.00 0 0.0 Public Relations 105,00 0 0.00 Materials Teslin : NINYO & MOORE 5.000.00 ew Solve : COAST SURVEYING 5.000.00 0100 Total 0 0 1114 B1 90 99 90 94.5 99 94.5 0 0 1 378.907.50 3.16% Full Time Hours Assumptions: Holidays: 02SGP02, 11 NOV02.21NOV02.22NOV02. 25DECO2, 01JAN03. 23MAY03. 04JUL02 Construction cost is estimated at $2.5 million. Construction duration estimated at 180 working days Assumes contract administration by City Assumes Construction Inspection 50% commitment to project (approximately 4.5 hours per day) Overtime. Rain, Holl and potantlae time extensions may result in additional Construction Management Services. This cost estimate provides an estimate of the cost of the PART TIME consauclibn inspector. to this estimate may be required. Specific Scope and Tasks are provided in Exh6k A Total Fee: 5257.223.80 R9 CITY CLERK CITY OF NEWPORT BEACH NOTICE INVITING BIDS Sealed bids may be received at the office of the City Clerk, 3300 Newport Boulevard, P.O. Box 1768, Newport Beach, CA 92658 -8915 until 2:00 P.M. on the 31st day of July 2002, at which time such bids shall be opened and read for BALBOA VILLAGE IMPROVEMENTS PHASE 2 Title of Project Contract No. 3527 $2,500,000 Engineer's Estimate �G! R phen G. Badum is Works Director Prospective bidders may obtain one set of bid documents at a cost of $25.00 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 Robert Stein, Project Manager at (949) 644 -3322 A 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BALBOA VILLAGE IMPROVEMENTS PHASE 2 CONTRACT NO. 3527 TABLE OF CONTENTS NOTICE INVITING BIDS .......................................................... ............................... Cover INSTRUCTIONS TO BIDDERS ........................................................ ..............................3 BIDDER'S BOND ............................................................................... ..............................5 DESIGNATION OF SUBCONTRACTOR( S) ...................................... ..............................6 TECHNICAL ABILITY AND EXPERIENCE REFERENCES .............. ..............................7 NON - COLLUSION AFFIDAVIT ......................................................... .............................11 DESIGNATION OF SURETIES ........................................................ .............................12 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL.. 13 ACKNOWLEDGEMENT OF ADDENDA ........................................... .............................15 INFORMATON REQUIRED OF BIDDER ......................................... .............................16 NOTICE TO SUCCESSFUL BIDDER .............................................. .............................19 CONTRACT..................................................................................... .............................20 LABOR AND MATERIALS BOND .................................................... .............................26 FAITHFUL PERFORMANCE BOND ................................................ .............................28 PROPOSAL................................................................................ ............................... PR -1 SPECIAL PROVISIONS ................................................................. ...........................SP -1 SECTION C SPECIAL PROVISIONS FOR TRAFFIC SIGNAL MODIFICATIONS, STREET LIGHTS, TRAFFIC CONTROL, SIGNING AND STRIPING .......... ............................... C -1 2 SECTION D SPECIAL PROVISIONS FOR HARDSCAPE AND LANDSCAPE ............................... D -1 SECTION E SPECIAL PROVISIONS FOR IRRIGATION ................................. ............................... E -1 SECTION F SPECIAL PROVISIONS FOR LITHOCRETE ARCHITECTURAL CONCRETE PAVING AND SIDEWALK ............................................................... ............................G -1 SECTION G FEDERAL COMPLIANCE POLICIES AND RESPONSIBILITIES . ............................... F -1 APPENDICES APPENDIX A - STANDARD PLANS AND DRAWINGS AMERICAN PUBLIC WORKS ASSOCIATION CALTRANS APPENDIX B - CROSS SECTIONS PALM STREET WASHINGTON STREET MAIN STREET 3 u 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BALBOA VILLAGE IMPROVEMENTS PHASE 2 CONTRACT NO. 3527 INSTRUCTIONS TO BIDDERS A pre -BID meeting will be held on July 16, 2002. There will be two sessions comprising the pre -bid meeting. The first session will consist of a job site walk led by City Staff, commencing at 9:00 a.m. at the Balboa Pier Plaza. (Parking is available in the Balboa Pier Parking Lot). The second session will be held at the Newport Beach City Council Chambers (3300 Newport Boulevard), commencing at 1:30 p.m. City Staff will conduct the meeting and be available to answer questions. Attendance at the pre -bid meeting is not mandatory, but is highly recommended. 2. Full size drawings can be obtained for a fee (approximately $250 for the first set) from CR Reprographics (714 -751- 2680). 3. This project will use federal Community Development Block Grant funds for a portion of the construction costs. Therefore, this project wilt be subject to the certification, compliance and reporting requirements of the Davis -Bacon Act (29 CFR 5.5(a)), U.S. Department of Housing and Urban Development Section 3 regulations (24 CFR part 135), Copeland Act (29 CFR 3), labor safety standards and other federal requirements. These requirements are contained in Section F of these Special Provisions. 4. 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 CERTIFICATION OF NON - SEGREGATED FACILITIES CERTIFICATION OF CONTRACTOR'S AFFIRMATIVE ACTION PLAN CERTIFICATION WITH REGARD TO THE PERORMANCE OF PREVIOUS CONTRACTS OR SUBCONTRACTS CONTRACTOR CERTIFICATION 5. 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. 6. The City of Newport listed above. Bidders to submission of bid. 0 • Beach will not permit a substitute format for the Contract Documents are advised to review their content with bonding and legal agents prior 7. 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. 8. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of total bid prices. 9. Bidders are advised that the Lithocrete installation is a specialized discipline and must be installed by a contractor licensed to install this material. In Southern California, the only contractor licensed and pre - qualified for this work is Shaw & Sons, 829 W. 17'' Street, Ste. 5, Costa Mesa, CA 92627, (Contact: Paul Taylor (949- 642 - 0660). See Section E for Lithocrete specifications. The Bid Schedule stipulates the contract unit prices for installation of the different Lithocrete bid items. An additional discretionary bid item entitled, " Lithocrete Oversight and Administration" is included in the bid schedule. 10. Note that the drawing set shows proposed improvements for Phases 1, 2 and 3. However, bids shall be for all bid items to be constructed in Phase 2 only. Phase 1 is complete. Bid item quantities for Phase 3 shall not be included in this bid. Each sheet calls out which phase the proposed improvements will be constructed. Some sheets in the drawings set do not include any work in Phase 2 (for example Sheet 7) and are included only as a reference. See the location map on the title sheet for the areas of Phase 2 work. 11. 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 a discrepancy between wording and figures, bid wording shall prevail over bid figures. In the event of an error in the multiplication of an estimated quantity by a 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. 12. 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. 13. This project is subject to the provisions of the Davis -Bacon Act. Any contract entered into pursuant to this notice shall incorporate the provisions of the Federal Labor Standards which are on file at the Public Works Department 14. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available in the office of the City Clerk. All parties to the contract shall be governed by all provisions of the California Labor Code relating to prevailing wage rates (Sections 1770 -7981 inclusive) — except whenever such provisions are superseded by Federal Regulations. 0 15. 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 ". 16. 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. 17. 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 prices and /or quantities. 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. 18. 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). 19. 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 ". 20. 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. 471664 A Contractor's License No. & Classification HILLCREST CONTRACTING, INC. Bidder Authorized Signature/Title GLENN J. SALSBORY, PRESIDENT July 26, 2002 Date 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BOND# 08560235 PREMIUM -NIL BALBOA VILLAGE IMPROVEMENTS PHASE 2 CONTRACT NO. 3527 BIDDER'S BOND We, the undersigned Principal and Surety, our successors and assigns, executors, heirs and administrators, agree to be jointly and severally held and firmly bound to the City of Newport Beach, a charter city, in the principal sum of TEN PERCENT OF AMOUNT BID Dollars ($ 109 ), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of BALBOA VILLAGE IMPROVEMENTS PHASE 2, Contract No. 3527 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 11TH day of JULY 2002. HILLCREST CONTRACTING, INC. Name of Contractor (Principal) FIDELITY AND DEPOSIT COMPANY OF MARYLAND Name of Surety , 225 S. LAKE AVE., #700 PASADENA. CA 91101 Address of Surety 626/792 -2311 Telephone BY: BY: CHARLES L. FLAKE ATTORNEY -IN -FACT Print Name and Title GLENN J. PRWDF,NT (Notary acknowledgment of Principal & Surety must be attached) 41 • CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT State of California County of Riverside ON July 17,2002 before me, Alice M. English, Notary Public , personally appeared Glenn J. Salsbury .personally known to me, to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person or entity upon behalf of which the person acted, executed the instrument. �NNNN�NN�N�NNO�N�N�ON��ONON Witness �m0y,hand and official seal Z ALICE M. ENGLISH x C� / / ��✓ COMM # 1278129 D WNOTARY PUBLIC- CALIFORNA M ORANGE COUNTY M a My CommissionExpiresOd21.2004 f AIiCe M. English, NOta P IIC iNN�N�NONNNNON�NNNN�NON�K OPTIONAL Though law does not require the information below, it may prove valuable to persons relying on the document and could prevent fraudulent removal of this form to another document. Description of Attached Document Title or type of Document: Bidder's Bond Document Date July 11, 2002 Number of Pages: ONE Signer(s) Other Than Named Above Fidelity and Deposit Co. of Maryland Capacity(ies) Claimed by Signer Signer's Name: Glenn J. Salsbury ❑ Individual a Corporate Officer — Title(s): President ❑ Partner - ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: HILLCREST CONTRACTING, INC. 0 • CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT COUNTY OF ORANGE On 7 -11 -02 before me, personally appeared known to me to be th within instrument and same in his authorized instrument the person person acted, executed LEXIE SHERWOOD - NOTARY PUBLIC CHARLES L. FLAKE personally person whose name is subscribed to the acknowledged to me that he executed the capacity, and that by his signature on the or the entity upon behalf of which the the instrument. WITNESS my hand and official seal. LEXlESHERWOOD, / CCMM. 9 1311304 ''''��""� �� p NOTARY PUSUC- CALIFORNIAD ,�/G !u.r�L�yc /d %�l�- !�/%1� ORANGE COUNTY n Sign 6t re of N°ary Public COmm. EXP. JULY 27, 2005- OPTIONAL 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. DESCRIPTION OF ATTACHED DOCUMENT BID BOND TITLE OR 'IMPS OF DOCUIffi1TT NUM19ER OF PAGES I DATE OF DOCUMENT 7 -11 -02 CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER T I TLE(S) ❑ PARTNER(S) ® ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ OTHER: SIGNER IS REPRESENTING: FIDELITY AND DEPOSIT COMPANY OF MARYLAND NAME OF PERSON(S) OR ENTITY(S) • Power of Attorney • FIDELITY AND DEPOSIT COMPANY OF MARYLAND HOME OFFICE, BALTIMORE, MO. KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by C. M. PECOT, JR. , Vice- President, and C. W. ROBBINS Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By -Laws of said Company, which reads as follows: "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, undertakings, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignmenteof judgements, dl!�rees, mortgages and instruments in the nature of mortgages.... and to affix the seal of the Company thereto." does hereby nominate constitute and appoint Charles ��' *tlake o 3Yaheim, California... . I ss tad lawful agent and Attorney -in -Fact, to ma v)iiecute, sea a'ti�aeliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and s [aking,es� .......... . ...................._... end —the execution of such bonds or un ngs in nce of these presents, shall be as binding upon said Company, as fully and amply, to all inte d purpo if they had been duly executed and acknowledged by the regularly elected officers of the Comat its offi , & altimore, Md., in their own proper persons. The said Assistant Secretary does hereby certjla*QsYY heaforegoing is atrue copy of Article VI, Section 2, of the By -Laws of said Company, and is now in force. ���\v�)) IN WITNESS WHEREOF, the said Vice4resident and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this ........16th. .day of--------------- Ju1y -------------------------------- - A.D. 1986 ----- FIDELITY AND DEPOSIT COMPANY OF MARYL ATTEST: //11 ^ SEAL CwAssistant Secretary Vice. Pres STATE OF MARYLAND } �_ CITY OF BALTIMORE On this 16th day of July , A.D. 19 86 , before the subscriber, a Notary Public of the State of Maryland, in and for the City of Baltimore, duly commissioned and qualified, came the above -named Vice - President and 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 mith, 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 Official Seal, at the CA ty of Baltimore, the day and year year firs�tten e — i �aA Notary Pub is Commis:n piresJuly- .1- ,-- _1990 - -- CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the original Power of Attorney of which the foregoing is a full, true and correct copy, is in full force and effect on 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 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 16th day of July, 1969. RESOLvED: "That the facsimile or mechanically reproduced signature of any Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any Qower of attorney issued by the Company, shall be valid and binding upon the Company m with the sae force and effect as though manually affixed. ' 11TH IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this-.... ................. day o( ----------- JULY ---'-'-- .................._ . .---2002 uava._pt. — 012-4150 ---------- 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, undertakings, 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." 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BALBOA VILLAGE IMPROVEMENTS PHASE 2 CONTRACT NO. 3527 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 Name, Bid Description of Work Percent of Address, Telephone # Item Total Bid Nu r S ai, f3v�`I V.). / %Cis7A4�hs,4 A+� U ,L ac�tcTe Su cb(;F Z�ti� 45- M���p� �✓¢�r .r ss_o -o �5_) e7 ��J,yfN7lS4fi(/Pji v-r l�� Lr le l/e�!/-ej HILLCREST CONTRACTING, INC. Bidder Authorized Signature/Title GLENN J. SALSBURY, PRESIDENT 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BALBOA VILLAGE IMPROVEMENTS PHASE 2 CONTRACT NO. 3527 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 Name, Bid Description of Work Percent of Address, Telephone # Item Total Bid Number I�iJ.a�n -3 o *t5o �ietJ 2 l)AIL -iuq 163yyM/ 3 HILLCREST CONTRACTING, INC. Bidder Authorized Signature/Title GLENN J. SALSBURY, PRESIDENT CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BALBOA VILLAGE IMPROVEMENTS PHASE 2 CONTRACT NO. 3527 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this form!!! Please print or ty�e Bidders Name HILLCREST CONTRACTING, INC. FAILURE OF THE BIDDER TO PROVIDE ALL REQUIRED INFORMATION IN A COMPLETE AND ACCURATE MANNER MAY BE CONSIDERED NON - RESPONSIVE. For all public agency projects you have worked on (or are currently working on) in the past 2 years in excess of $15,000, provide the following information: No. 1 Project Name /Number Project Description RAILROAD GRADE CROSSINGS — 01 -02 STREET WIDENING AT 7 SEPARATE GRADE CROSSINGS Approximate Construction Dates: From 03/21/01 Agency Name ALAMEDA CORRIDOR EAST Contact Person LOU CLUSTER To: 08/28/01 Telephone P26) 962 -9292 507,913 586,007.00 Original Contract Amount $ Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) OWNER INITIATED CHANGES 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, [all M No.2 4ERSON & GARDEN GROOBLVD. Project Name /Number STREET STREET WIDENING, CONCRETE ALLEYS, • Project Description AND LANDSCAPED MEDIANS Approximate Construction Dates: From 10/25/01 —_To: 03/08/02 ` Agency Name CITY OF GARDEN GROVE NAVIN MARU 14 741 -5180 Contact Person Telephone7( ) 383,772 397,788.00 Original Contract Amount $ Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) OWNER INITIATED CHANGES Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. NO No. 3 Project Name /Number FONTANA AUTO MAIL STREET IMPROVEMENTS Project Description STREET WIDENING, SIGNALS, UTILITY CONDUIT, STORM DRAIN Approximate Construction Dates: From 10/06/2000 To: 03/15/01 Agency Name CITY OF FONTANA Contact Person MEREDITH KUPTERMAN Telephone 909) 873 -9660 1,024,913 11.,372,244.00 Original Contract Amount $ Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) OWNER INITIATED EXTRA WORK Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. NO 10 0 No.4 PUBLIC INFRASTRUCTURE Iti•VEMENTS —PHASE II Project Name /Number Project Description NEW INFRASTRUCTURE INCLUDING. STORM DRAIN, • SEWER, WATER,'ELECTRICAL, UTILITY CONDUIT, CONCRETE t Approximate Construction Dates: From 0$/08/2000 To: 04/30/2001 PAVING Agency Name RIVERSIDE COUNTY REDEVELOPMENT AGENCY Contact Person COLBY CCATALD Telephone (909 955 -1151 1 Original Contract Amount $ 783,24 Final Contract Amount $ 838, 918.00 If final amount is different from original, please explain (change orders, extra work, etc.) OWNER INITIATED EXTRA WORK Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. NO No. 5 Project Name /Number METROLINK DEPOT ENHANCEMENTS & "A" STREET Project Description STREET, STORM DRAIN S SEWER IMPROVEMENTS, INCLUDING RESTORATION OF THE UPLAND DEPOT Approximate Construction Dates: From10 /01 /01 To: 04/30/02 Agency Name CITY OF UPLAND Contact Person MIKE THORNTON Telephone (909 931 -4118 1,097,741 1,4100,000.00 Original Contract Amount $ Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) ADDITIONS & CHANGES MADE BY AGENCY 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. I.1 11 No.6 • Project Name /Number WILKEN WAY & OERTLEY DRIVE Project Description STREET, SEWER, & WATER IMPROVEMENTS Approximate Construction Dates: From 09/08/2000 To: 12/12/2000 Agency Name CITY OF ANAHEIM Contact Person _ DAVE NELSON Telephone (711 765 -5126 622,912 596,188.00 Original Contract Amount $ Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) OWNER INITIATED CHANGES Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. NO Attach additional sheets if necessary. Attach to this Bid the experience resume of the person who will be designated as General Construction Superintendent or on -site Construction Manager for the Contractor. Upon request, the Contractor shall attach a financial statement and other information sufficiently comprehensive to permit an appraisal of the Contractor's current financial conditions. SEE ATTACHED HILLCREST CONTRACTING, INC_ Bidder Authorized Signature!Title �^ GLENN J. SALSBURY, PRESIDENT 12 • Thomas Hewitt , 1467 Circle City Drive Corona, CA 91719 909 - 273 -9600 Summary of Qualifications: Over 30 years experience in highway construction and site development. Managed all aspects of construction on multiple projects encompassing everthing from minor to multi - million dollar public works and private contracts. Responsibilities included (but not limited to): knowledge and interpretation of contract documents, specifications and plans; quality control management; scheduling projects; supervising foremen; coordinating personnel, equipment, materials, and subcontractors; managing and controlling job costs; negotiating change orders; acting as company liaison with all controlling agencies and owners; coordinating an indefinite number of projects simultaneously, each operating with multiple crews and subcontracotors. currently certified in Hazardous Waste /Health and Safety Training, CaL -OSHA Trenching and Excavation Standards of California (Competent Person), CPR and First Aid. Professional Experience: Hillcrest Contracting, Inc. Superintendent Sully - Miller Contracting, Inc. General Superintendent Griffith Company General Superintendent Sully - Miller Contracting, Inc. Project Foreman Warren Southwest, Inc. Truck Driver -Prime Mover D.F.H. Trucking Truck Driver Corona, CA Feb. 1995 to Present Anaheim, CA Jan. 1993 to Feb. 1995 Santa Ana, CA July 1976 to Dec. 1992 Orange, CA 1965 to July 1976 Duarte, CA 1963 to 1965 El Monte, CA_ 1961 to 1963 0 Summary of Qualifications: Thomas Hewitt 1467 Circle City Drive Corona, CA 91719 909 - 273 -9600 C� J Over 30 years experience in highway construction and site development. Managed all aspects of construction on multiple projects encompassing everthing from minor to multi - million dollar public works and private contracts. Responsibilities included (but not limited to): knowledge and interpretation of contract documents, specifications and plans; quality control management; scheduling projects; supervising foremen; coordinating personnel, equipment, materials, and subcontractors; managing and controlling job costs; negotiating change orders; acting as company liaison with all controlling agencies and owners; coordinating an indefinite number of projects simultaneously, each operating with multiple crews and subcontracotors. currently certified in Hazardous Waste /Health and Safety Training, CaL -OSHA Trenching and Excavation Standards of California (Competent Person), CPR and First Aid. Professional Experience: Hillcrest Contracting, Inc. Superintendent Sully- Miller Contracting, Inc. General Superintendent Griffith Company General Superintendent Sully - Miller Contracting, Inc. Project Foreman Warren Southwest, Inc. Truck Driver -Prime Mover D.F.H. Trucking Truck Driver Corona, CA Feb. 1995 to Present Anaheim, CA Jan. 1993 to Feb. 1995 Santa Ana, CA July 1976 to Dec. 1992 Orange, CA 1965 to July 1976 Duarte, CA 1963 to 1965 El Monte, CA 1961 to 1963 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BALBOA VILLAGE IMPROVEMENTS PHASE 2 CONTRACT NO. 3527 NON - COLLUSION AFFIDAVIT State of California ) ) ss. Countyof Riversicje GLENN J. SALSBURY being first dulv.sworn, deposes and says that he orAJon is PRESIDENT of HILLCREST CONTR. , INC. , '.he 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. HILLCREST CONTRACTING, INC. Bidder Authorized Signature/Title GLENN J. SALSBURY, PRESIDENT Subscribed and sworn to before me this 26th day of July 2002 az,A&4�4 Notary Public Alice M. English, Notary Public My Commission Expires: 10/21/2004 13 [SEAL] �N��I�N�N��NN�N�N�N�NOOOONON ALICE M. ENGLISH = COMM N 1276129 Y ,....:.: NOTARY PUBLIC - CALIFORNIA m W ORANGE COUNTY D Q My Commission Expires OCL 21.2004 z NN�NOON�N�NNNNN <NN�NNONNa • • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BALBOA VILLAGE IMPROVEMENTS PHASE 2 CONTRACT NO. 3527 DESIGNATION OF SURETIES Bidders name HILLCREST CONTRACTING, INC. 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): INSURANCE: FIDELITY'AND DEPOSIT COMPANY OF MARYLAND 225 S. Lake Avenue, #700 Pasadena, CA 91101 (626)792 -2311 BONDING: CULBERTSON INSURANCE SERVICES, INC. 5500 E. Santa Ana Canyon Road Anaheim, CA 92807 (714)921 -0530 14 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BALBOA VILLAGE IMPROVEMENTS PHASE 2 CONTRACT NO. 3527 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL CONTRACTING; Record Last Five (5) Full Years Current Year of Record SEE ATTACHED 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. 15 Current Record Record Record Record Record Year of for for for for for Record 2001 2000 1999 1998 1997 Total 2002 No. of contracts Total dollar Amount of Contracts (in Thousands of $ No. of fatalities No. of lost Workday Cases 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. 15 •J 0 9 pq N r 00 tn r- 00 kn 0 0 M M M M O O r r h h N h N O O h H h h 7 Vim' 1!7 h 00 C) 00 0 O 7 V � • r r N N p O� M 00 cp M 0 � W) 0 p M M oo b ao b N N N N O O N N 0 0 00 00 v v 0 0 n r `D 7 \0 7 o0 r 00 r .�.i M kn M vl N N r ,--• Oi N N r Ch h N W) � O O vi �!l �O `OM-i m CD �O 0000 00 .r -� 00 00 N N y b >1 v U d ly yy •� aa ti U 4 7 " 10 x Y 3 U 3 Cli � O '� T} w O 0 w O y U O y 'b c0 O U 'b n5 d 'V Zo '401 •c� +' H a! c0 t3 N t0 cC a1 cV O 3 �d z c0 Q O O W Z u i z zUZZuzzuz.szuzzuzz�z 00 U V V O 0 r- I L Legal Business Name of Bidder HILLCREST CONTRACTING, INC. BusinessAddres1. 1467 Circle City Drive, Corona, CA Business Tel. No.: 909/273 -9600 State Contractor's License No. and 471664 A Classification: Title CALIFORNIA CONTRACTORS LICENSE 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 Title Signature of bidder Date Title Signature of bidder Date Title .T- SAT SRTTRV G. LINDHOLM July 29, 2002 VICE PRESIDENT /SECRETARY 92879 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. SEE ATTACHED FOR NOTARY PUBLIC ACKNOWLEDGEMENT SEE ATTACHED FOR COPY OF BOARD OF DIRECTORS AUTHORIZATION 16 0 . CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT State of California County of Riverside On July 29. 2002 before me, Alice M. English, Notary Public, personally appeared Glenn J. Salsbury and, Einer G. Lindholm personally known to me, to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons or entity upon behalf of which the ep rsons acted, executed the instrument. Witne §s my hand and official seal = eHeHeHeHefe00eeHe0ee00eH000eHON // r ALICE M. ENGLISH = ((` /, COMM # 1278129 D W NOTARY PUBLIC - CALIFORNIA n Alice M. English, NolaVublic �( ORANGECOUNTV z MY Commission Expires Oct 21, 2664 z ie. HeHe00e00HOONeHOeeOHOeNgeCe�ees OPTIONAL Though law does not require the information below, it may prove valuable to persons relying on the document and could prevent fraudulent removal of this form to another document. Description of Attached Document Title or type of Document: ACKNOWLEDGMENT OF CORPORATE SIGNATURES PROPOSAL Document Date: July 29, 2002 Number of Pages: One Signer(s) Other Than Named Above NONE Capacity(ies) Claimed by Signer Glenn J. Salsbury & Einer G. Lindholm Sinner's Name: ❑ Individual a Corporate Officer — Title(s): PRESIDENT & VICE PRES. /SECRETARY ❑ Partner - ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: HILLCREST CONTRACTING, INC. MUCREST CON*ACTING 0 General Engineering Contractors License #471664A At the Board of Director's meeting held on February 13, 2002 it was determined that the following employees were authorized to sign all binding agreements on behalf of Hillcrest Contracting: Glenn J. Salsbury Einer G. Lindholm Certified as a permanent record: Glenn J. Salsbury President mer G. Lindholm Vice President P.O. Box 1898 • Corona, California, 92878 -1898 • (909) 273 -9600 • FAX (909) 273 -9608 • • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BALBOA VILLAGE IMPROVEMENTS PHASE 2 CONTRACT NO. 3527 ACKNOWLEDGEMENT OF ADDENDA Bidders name HILLCREST CONTRACTING, INC. The bidder shall signify receipt of all Addenda here, if any: Addendum No. Date Received Signature _ #1 July 8 2002- #2 July 19, 2002 #3 July 24, 2002 4 July 25, 2002 17 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BALBOA VILLAGE IMPROVEMENTS PHASE 2 CONTRACT NO. 3527 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: HILLCREST CONTRACTING, INC. Business Address: 1467 Circle City Drive, Corona, CA 92879 -1668 Telephone and Fax Number: 909/273 -9600 FAX 909/273 -9608 California State Contractor's License No. and Class: 471664 A (REQUIRED AT TIME OF AWARD) Original Date Issued: 02/26/1985 Expiration Date: 04/30/2003 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: Jerry Blair, Chief Estimator /Project Manager The following are the names, titles, addresses, and phone numbers of all individuals, firm members, partners, joint ventures, and company or corporate officers having a principal interest in this proposal: 909/ Name Title Address Telephone 273 -9600 GLENN J. SALSBURY, PRESIDENT 1467 Circle City Dr., Corona, CA 92879 EINER G. LINDHOLM, VICE PRES. /SECR. (Address same as Above) 909/ 273 -9600 Corporation organized under the laws of the State of 18 CALIFORNIA 0 0 The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: NONE All company, corporate, or fictitious business names used by any principal having interest in this proposal are as follows: NONE For all arbitrations, lawsuits, settlements or the like (in or out of court) you have been involved in with public agencies in the past five years (Attach additional Sheets if necessary) provide: Provide the names, addresses and telephone numbers the parties; NONE Briefly summarize the parties' claims and defenses; NONE Have you ever had a contract terminated by the owner /agency? If so, explain. Have you ever failed to complete a project? If so, explain. For any projects you have been involved with in the last 5 years, did you have any claims or actions by any outside agency or individual for labor compliance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.) ?Yes / No No Are any claims or actions unresolved or outstanding? Yes / No No lr • • 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. HILLCREST CONTRACTING, INC. Bidder GLENN J. SALSBURY (Print name of Owner or President of Corporation /Company) Authorized Signature/Title PRESIDENT Title July 29, 2002 Date Subscribed and sworn to before me this 29th day of July 2002. [SEAL] 20 JNKAI State of California County of Riverside All Subscribed and sworn to (or affirmed) before me this 29'" July 2002 by Glenn J. Salsbury Y eweweweesee eee+seee seeee ALLICE ICE M. ENGLISH �il / COMM # 1278129 D — W••_... Q . - NOTARY PUBLIC - CALIFORNIA ORANGECOUNTY ., Alice M. English, NAry Public b My Commission Expires Oft 21, 2004 3 eeoepe0os000NONO000e00NO00000eNO000N OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal of this form to another document. Description of Attached Document Title or type of Document: BIDDERS INFORMATION FOR BID PROPOSAL Document Date: July 29, 2002 Number of Pages: THREE Signer(s) Other Than Named Above None 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BALBOA VILLAGE IMPROVEMENTS PHASE 2 CONTRACT NO. 3527 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. 21 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BALBOA VILLAGE IMPROVEMENTS PHASE 2 CONTRACT NO. 3527 CONTRACT THIS AGREEMENT, entered into this _ day of , 2002, by and between the CITY OF NEWPORT BEACH, hereinafter "City," and Hillcrest Contracting, Inc., hereinafter "Contractor," is made with reference to the following facts: WHEREAS, City has advertised for bids for the following described public work: BALBOA VILLAGE IMPROVEMENTS PHASE 2 Project Description 3527 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. 3527, 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. 22 0 0 C. COMPENSATION As full compensation for the performance and completion of the Project as required by the Contract Documents, City shall pay to Contractor and Contractor accepts as full payment the sum of two million, eight hundred forty thousand, eight hundred ninety -nine and 971100 Dollars ($2,840,899.97). 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: Robert Stein (949) 644 -3322 F. LABOR CODE 3700 LIABILITY INSURANCE hereby certifies: HILLCREST CONTRACTING, INC. 1467 Circle city Drive Corona, CA 92879 -1668 909 - 273 -9600 909 - 273 -9608 Fax Contractor, by executing this Contract, "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers' Compensation or undertake self - insurance in accordance with the provisions of the Code, and I will comply with such provisions before commencing the performance of the work of this Contract." G. INSURANCE Insurance is to be placed with insurers with a Best's rating of no less than A:VII and insurers must be a California Admitted Insurance Company. Contractor shall furnish City with original certificates of insurance and with origina' endorsements effecting coverage required by this Contract. The certificates anc endorsements for each insurance policy are to be signed by a person authorized by that 23 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. 24 4. Other Insurance Provisions The policies are to contain, or be endorsed to contain, the following provisions: a) General Liability and Automobile Liability Coverages i. 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. Failure to enter into the contract within 30 calendar days or to conform to any of the stipulated requirements shall be just cause for the annulment of the award and forfeiture of the bidder's security. In the event the bidder to whom an award is made fails or refuses to execute the contract or submit the required insurance and bond documents within the said time, the City may 25 0 0 declare the bidder's security forfeited, and may award the work to the next lowest responsible bidder, or may call for new bids. 5. Acts of God Pursuant to Public Contract Code Section 7105, Contractor shall not be responsible for the repairing and restoring damage to Work, when damage is determined to have been proximately caused by an Act of God, in excess of 5 percent of the Contract amount provided that the Work damaged is built in accordance with the plans and specifications. 6. Right to Stop Work for Non - Compliance City shall have the right to 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. I • • I. EFFECT OF CONTRACTOR'S EXECUTION Execution of this Contract and all other Contract Documents by Contractor is a representation that Contractor has visited the Project Site, has become familiar with the local conditions under which the work is to be performed, and has correlated all relevant observations with the requirements of the Contract Documents. J. CONFLICT If there is a conflict between provisions of this Contract and any other Contract Document, the provisions of this Contract shall prevail. K. WAIVER A waiver by City or any term, covenant, or condition in the Contract Documents shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the day and year first written above. CITY CLERK APP ED AS TO FORM: CI ATTORNEY 27 CITY OF NEWPORT BEACH A Municipal Corporation By. Mayor HILLCREST CONTRACTING, INC. By: Authorized Signature and Title 0 0 CERTIFICATION OF NON - SEGERATED FACILITIES FEDERALLY ASSISTED PROJECTS BALBOA VILLAGE IMPROVEMENTS PHASE 2 CONTRACT NO. 3527 This federally assisted construction contractor certifies that he does not maintain or provide for his employees any segregated facilities at any of his establishments, and that he does not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. The federally assisted construction contractor certifies further that he will not maintain or provide for his employees any segregated facilities at any of his establishments and that he will not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. The federally assisted construction contractor agrees that a breach of this certification is a violation of the Equal Opportunity clause in this contract. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, creed, color or national origin, because of habit, local custom or otherwise. The federally assisted construction contractor agrees that (except where he has obtained identical certifications from proposed contractors for specific time periods) he will obtain identical certifications from proposed subcontractors prior to the award of subcontractors exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity Clause, and that he will retain such certifications in his files. NOTE: The penalty for making false statements in offers in prescribed in 18 U.S.C- 1001. Company as Hillcrest @ontractiniz, fnc. Title Glenn J. Salsbury - President OCT 01 nu FAUSERS\PBMShared\Balboa Village Phase 2 C- 3527\City Attorney Documents \NonSegregated.doc IGN 0 0 CERTIFICATION OF CONTRACTOR'S AFFIRMATIVE ACTION PLAN BALBOA VILLAGE IMPROVEMENTS PHASE21 CONTRACT NO. 3527 The undersigned Contractor agrees to implement the following affirmative action steps directed at increasing the utilization of lower income residents and business concerns located with the City of Newport Beach. 1. Take affirmative action to ensure that employees or applicants for employment or training are not discriminated against because of race, color, religion, sex or national origin. 2. Send a notice of the Contractor's Section 3 commitment to each labor organization or representative of workers, and post a copy of the notice at a conspicuous place available to employees and applicants for employment or training. 3. To the greatest extent feasible, make a good faith effort to recruit for employment or training lower income residents from the City, and to award contracts to business concerns which are located in or owned in substantial part by persons residing in the City through use of: local advertising organizations and public or private institutions operating within or serving the project area such as Service Employment and Redevelopment (SER), Opportunities Industrialization Center (OIC), Urban League, Concentrated Employment Program, U.S. Employment Service, chamber of Commerce, labor unions, trade associations, and business concerns. 4. Maintain a file of all low income area residents who applied for employment or training either on their own on referral from any source, and the action taken with respect to each area resident. 5. Maintain a file of all business concerns located in the City who submitted a bid for work on the project, and the action taken with respect to each bid. 6. Maintain records, including copies of correspondence, memoranda, etc., which document the fact that affirmative action steps have been taken. 7. Incorporate the Section 3 Clause provisions in all subcontractors, and require subcontractors to submit a Section 3 Affirmative Action Plan. 8. List project work force needs for the project by occupation, trade, skill level, and number of positions. 9. List information related to subcontractors to be awarded. COMPANY NAME & ADDRESS 33 OCT O1 2002 (Date) (Signature) Glenna a s ury- icTent (Title) 0 0 CERTIFICATION WITH REGARD TO THE PERFORMANCE OF PREVIOUS CONTRACTS OR SUBCONTRACTS SUBJECT TO THE EQUAL OPPORTUNITY CLAUSE AND THE FILING OF REQUIRED REPORTS BALBOA VILLAGE IMPROVEMENTS PHASE 2 CONTRACT NO. 3527 The bidder , the proposed subcontractor , hereby certifies that he has _, has not_, participated in a previous contract or subcontract subject to the equal opportunity clause, as required by executive Orders 10925, 11114, or 11246, and that he has_, has not. filed with the Joint Reporting Committee, the Director of the Office of the 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 filing requirements. Company Name M11crest Contracting, Inc. Signature Title Glenn I Salsbury- President OCT 01 2002 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 CFT 60 -1.5. (Generally, only contracts and subcontracts of $10,000.00 or under are exempt). 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 aware of contracts and subcontracts unless such contractor submits a report covering the delinquent period of such other period specified by the U.S. Department of the Interior or by the Director of Federal Contract Compliance, U.S. Department of Labor. 34 0 0 CONTRACTOR CERTIFICATION BALBOA VILLAGE IMPROVEMENTS PHASE 2 CONTRACT NO. 3527 THE CONTRACTOR HAS AND WILL CONTINUE TO HEREBY CERTIFY, TO THE BEST OF ITS KNOWLEDGE AND BELIEF, THE FOLLOWING: 1. A. No Federal appropriated funds have been paid or will be paid, by or on behalf of Contractor, to any person 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, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal amendment , or modification of any /Federal contract, grant, loan or cooperative agreement. B. If any funds other then 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 agency, a Member of Congress, an officer or employee of Congress, or any employee of grant, loan or cooperative agreement, it will complete and submit Standard Form LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; and C. It will require that the language of paragraph (a) of this certification be in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. 2. A. Contractor and subcontractors are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; B. Have not within a three year period preceding approval of their application, been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 35 0 0 C. Are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph B of this certification; and D. Have not within a three -year period preceding approval of their application, had one or more public transactions (Federal, State or local) terminated for cause or default. Mcrest Contracting, Inc. Contractor Name By 0 go C1er_n T..,';a?.sht*v-1'?esidert Title Date OCT 01 2002 . • Page: 1 of 3 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT Pp�,T r- ' 1 n c,q c7 FQ R� Jl ADDENDUM NO. 1 BALBOA VILLAGE IMPROVEMENTS PHASE 2 CONTRACT NO. 3527 DATE: July 8, 2002 Encffneer or Public Works Director TO: ALLPLANHOLDERS Please note: The Specifications you purchased have two pages titled "SP6 of 32" and are missing page "SP7 of 32." Attached please find a corrected page SP6 of 32 and a page SP7 of 32. Please cross out both SP6 pages in your Specifications and insert the new page SP6 and the new page SP7 into your Specifications Book. Bidders must sign this Addendum No. 1 and attach it to the bid proposal. No bid will be considered unless this signed Addendum No. 1 is attached. I have carefully examined this Addendum and have included full payment in my Proposal. HILLCREST CONTRACTING, INC. Bidder's Name (Please Print) July 29, 2002 Date Authorized Signature & Title GLENN J. SALSBURY, PRESIDENT t,WserslpbMsharedlbalboa village phase 2 c- 35271contract documents - 03527 phase 2laddendum no 1 doc C'. �� • • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT �OQ V \1/ Fp ADDENDUM NO. 2 Page: 1 of 27 BALBOA VILLAGE IMPROVEMENTS PHASE 2 CONTRACT NO. 3527 DATE: July 19, 2002 BY: � 26,!, � Director of ublic Works TO: ALL PLANHOLDERS Addendum 2 includes the following items: 1. Modifications to the Contract Special Provisions. 2. The agenda and meeting minutes for the Pre -Bid Meeting held on July 16, 2002. 3. Federal Prevailing Wages. Bidders must sign this Addendum No. 2 cover sheet and attach it to the bid proposal. No bid will be considered unless Addenda Nos. 1 and 2 are signed and attached to the bid proposal. I have carefully examined this Addendum and have included full payment in my Proposal. HILLCREST CONTRACTING, INC. Bidder's Name (Please Print) July 29, 2002 Date Authorized Signature & Title P 9 P GLENN t d SALS"C'M pp REWIRenNdTm no. 2 cover f:\users\pbw\shared\balboa village hale 2 c- 352Lcontract documents - c- i hase sheet.doc 0 0 City of Newport Beach Public Works Department Balboa Village Improvements Phase 2 Contract No. 3527 Addendum 2 The Construction Drawings are modified as follows: On Sheet 44, change the diameter of the proposed PVC water lateral stubout that runs westerly from the 6 -inch main along Oceanfront (approximately 35 feet) from a 6 -inch line to a 4 -inch line. The Contract Special Provisions are modified as follows: SECTION 7 - -- RESPONSIBILITIES OF THE CON't RACTOR 7 -3 LIABILITY INSURANCE. Add to this section: "The City's construction manager, Harris and Associates, shall be indemnified and named as an additional insured under the Contractor's General Liability Insurance Policy." 7 -7 COOPERATION AND COLLATERAL WORK. Add to this section: "Electric and telephone facilities will be furnished and installed within the project limits under a separate contract administered by the City. Specific plans for these facilities are not available at this time, but they are generally described as follows: Main Street (northerly of Balboa Blvd.) Approximately 80 lineal feet of telephone conduit will be installed by others commencing in East Bay Avenue (northwesterly return) wrapping around to the westerly side of Main Street, proceeding northerly and sweeping towards the buildings. Main Street (southerly of Balboa Blvd.) A new electric vault (approximately 7'x10'x8') and conduits will be installed by others on the easterly side of Main Street just southerly of the Alley. From this structure, the conduits to be installed will be installed sweeping into the Alley on each side of Main Street. Conduit(s) will be installed from the new vault to connect to the existing SCE vault just norther of the Alley on the easterly side of Main Street. A conduit will be installed from the new vault proceeding southerly towards the Balboa Inn Expansion. Conduit(s) will be installed from the existing SCE vault proceeding northerly and terminating just south of the existing pavers in Balboa 0 • Page: 1 of 27 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT c � �P Zi ADDENDUM NO. 2 BALBOA VILLAGE IMPROVEMENTS PHASE 2 CONTRACT NO. 3527 DATE: July 19, 2002 BY: a �a� er �/ /. �car�n 1c Director of Public Works TO: ALL PLANHOLDERS Addendum 2 includes the following items: 1. Modifications to the Contract Special Provisions. 2. The agenda and meeting minutes for the Pre -Bid Meeting held on July 16, 2002. 3. Federal Prevailing Wages. Bidders must sign this Addendum No. 2 cover sheet and attach it to the bid proposal. No bid will be considered unless Addenda Nos. 1 and 2 are signed and attached to the bid proposal. I have carefully examined this Addendum and have included full payment in my Proposal. Bidder's Name (Please Print) Date Authorized Signature & Title f: \users \pbw \shared \balboa village phase 2 c- 3527 \contract documents - c -3527 phase 2\addendum no. 2 cover sheet.doc City of Newport Beach Public Works Department E Balboa Village Improvements Phase 2 Contract No. 3527 Addendum 2 The Construction Drawings are modified as follows: On Sheet 44, change the diameter of the proposed PVC water lateral stubout that runs westerly from the 6 -inch main along Oceanfront (approximately 35 feet) from a 6 -inch line to a 4 -inch line. The Contract Special Provisions are modified as follows: SECTION 7 - -- RESPONSIBILITIES OF THE CONTRACTOR 7 -3 LIABILITY INSURANCE. Add to this section: "The City's construction manager, Harris and Associates, shall be indemnified and named as an additional insured under the Contractor's General Liability Insurance Policy." 7 -7 COOPERATION AND COLLATERAL WORK. Add to this section: "Electric and telephone facilities will be furnished and installed within the project limits under a separate contract administered by the City. Specific plans for these facilities are not available at this time, but they are generally described as follows: Main Street (northerly of Balboa Blvd.) Approximately 80 lineal feet of telephone conduit will be installed by others commencing in East Bay Avenue (northwesterly return) wrapping around to the westerly side of Main Street, proceeding northerly and sweeping towards the buildings. Main Street (southerly of Balboa Blvd.) A new electric vault (approximately 7'x10'x8') and conduits will be installed by others on the easterly side of Main Street just southerly of the Alley. From this structure, the conduits to be installed will be installed sweeping into the Alley on each side of Main Street. Conduit(s) will be installed from the new vault to connect to the existing SCE vault just norther of the Alley on the easterly side of Main Street. A conduit will be installed from the new vault proceeding southerly towards the Balboa Inn Expansion. Conduit(s) will be installed from the existing SCE vault proceeding northerly and terminating just south of the existing pavers in Balboa 0 Boulevard. A conduit(s) will be installed from the new vault proceeding southerly to an existing SCE pull box just north of the Frontage Road. In addition, telephone conduits will be installed by others on the easterly side of Main Street commencing at the southwestern return of Main Street and Balboa Boulevard, proceeding southerly and terminating with a sweep towards the property line between the Studio Cafe and Castaways. Palm Street A new telephone vault (approximately 4'x8'x6') will be installed in the westerly sidewalk just northerly of the Alley. New conduits will be installed from the structure sweeping into the Alley on each side of Palm Street. The Contractor shall coordinate his work and cooperate with the contractor(s) installing these facilities. The Contractor shall provide adequate windows of time in the Construction Schedule to accommodate the installation of these facilities." SECTION 9 - -- MEASUREMENT AND PAYMENT 9 -3 PAYMENT 9 -3.1 General Item No. 13. Add to this bid item: "This bid item shall include removing all ficus roots on Main Street larger than '/z -inch in diameter, and other organic material, to a depth of 24 inches below finish grade with the right -of- way." SECTION 308 - -- LANDSCAPING AND IRRIGATION INSTALLATION 308 -6 MAINTENANCE AND PLANT ESTABLISHMENT. Add to this section: All planted areas shall be kept free of debris and shall be weeded and cultivated at intervals not to exceed seven (7) days. Temporary fencing shall be provided in planted areas as determined by the Engineer. The Contractor shall include 5000 linear feet of green temporary plastic fencing. The fencing shall be a minimum of 48 inches in height and shall be staked at intervals of 10 feet. The stakes and fencing shall be submitted for approval by the Engineer prior to installation. Trash receptacles shall be emptied and trash shall be removed from all landscape areas daily, Monday through Friday. Intermediate walkthroughs shall be conducted with the Engineer to review plant establishment at 30 day intervals throughout the 90 day establishment and maintenance period. Trimming requirements for plants and shrubs shall be established by the Engineer and adhered to by the Contractor at the commencement of the 90 day establishment and maintenance period. 0 1. Introductions 2. Sign -up Sheet 3. Project Overview Agenda Balboa Village — Phase 2 July 16, 2002 • Project Area • Schedule and Project Staging • Federal Requirements • Collateral Work • Lithocrete subcontractor • Permits • Coordination with businesses and the community • Project Management 4. Addendum 1 5. Bid Opening: July 31, 2 pm 6. Questions and Answers 7. Addendum 2 • . i 0 • City of Newport Beach Public Works Department Balboa Village Improvements Phase 2 Contract No. 3527 Pre -Bid Meeting Notes Tuesday, July 16, 2002 at 1:30 p.m. Fire Conference Room 1. Attendees: • Bob Stein CNB - PBW 949 - 644 -3322 • Bill Patapoff CNB - PBW • Emmet Berkery CNB — PBW 949 - 752 -5221 • Shari Rooks CNB — PBW • Jim Brahler CNB — Traffic • Herb Wollerman CNB — Utilities • Lauren Love CNB - Utilities • Larry Kolbo CNB — General Services • Paul Taylor Shaw and Sons • Bob Wakeham Griffith Company • Terry Gillespie GCI Construction • Jamie Anderson Austin -Foust • Neil Gillis Psomas • Omar Dandashi Harris & Associates 2. Meeting commenced at 1:42 p.m. 3. General Information presented by Bob Stein a. Project Area The project area includes Main Street, Washington Street (S /o Balboa Boulevard), Palm Street (S /o Balboa boulevard), and Oceanfront (A Street to Adams Street). Some of the streetlights installed with this project fall outside this area. b. Scheduling and Project Staging • The target start date is September 9, 2002. The target completion date is prior to Memorial Day, 2003. • Phase 2 tasks are broken into three stages and are detail on Sheet SP -6 in the specifications. c. Federal Requirements • An updated Federal Prevailing wages is attached. • While there is no DBE requirement for this project, the contractor must make a good faith effort for recruitment. See page F -17 of the specifications. F: \USERS \PB\MShared \Balboa Village Phase 2 C- 3527 \CONTRACT DOCUMENTS - C -3527 PHASE 2 \Pre -Bid Meeting Minutes 071902.doc 0 • Collateral Work • The Balboa Inn Expansion is scheduled to begin in late 2002 or early 2003. The contractor shall work with the construction manager for scheduling of work near the Balboa Inn expansion area. • The parking lot adjacent to the Balboa Inn Expansion will be used as a construction staging area by the Inn's contractor. • Electrical and telephone facilities will be installed in Main Street in conjunction with the street construction scheduled in September and October 2002. • The Balboa Theatre Renovation is not expected to occur during Phase 2 construction. e. Lithocrete Subcontractor Shaw and Sons is the mandatory subcontractor for Lithocrete work. The Lithocrete bid items have been assigned stipulated prices. Each prime contractor must negotiate a contract with Shaw and Sons. Permits The City has obtained the Coastal Development Permit and permits from the RWQCB and the Corps of Engineers. No additional permits are required. The Contractor is responsible for implementing RWQCB permit requirements in the approved SWPPP. g. Coordination with businesses and the community The contractor shall coordinate with the construction manager to address all business and community concerns in a very timely manner. Access to business and residences by the public shall be maintained at all times. h. Project Management Harris & Associates, the project managers for the Phase 1 portion of the work, will provide the construction management and inspection for this phase of the project. 4. Answer to questions posed by contractors. a. The SWPPP and the 1St Stage Traffic Control Plan must be submitted before a Notice to Proceed will be issued. b. The contractor and subs must have a valid City Business License. c. The last date to submit RFI's is July 24, 2002. d. Harris & Associates will provide project management and will have a storefront office in the Village (exact location to be determined). F9USERS \PBIMShared \Balboa Village Phase 2 C- 3527\CONTRACT DOCUMENTS - C -3527 PHASE 2\Pre -Bid Meeting Minutes 071902.doe 0 0 e. There may be voids under the sidewalk in front of seawall at the Balboa Pavilion. The City shall investigate specific situations encountered during construction and make recommendations. f. As part of the traffic control plan prepared by the Contractor, "A" Street will need to be re- striped for 2 -way traffic and must be posted for'local traffic only'. g. Traffic control drawings need to be quite detailed. Samples of the Phase 1 traffic control drawings are available upon request for a nominal cost. h. A SWPPP is required to be prepared by the Contractor and submitted to the City for approval prior to the Notice to Proceed being issued. The SWPPP will be strictly enforced. i. For the water main installation in the alleys, the trench will back patched in AC. The T- trench patch back shall comply with City Standard 105 -L. j. Water levels at high tide may be as high as 3 -feet below ground surface. The contractor must contact the City and /or the Orange County Sanitation District for permission to discharge the groundwater to the sewer system and comply with the affected agencies' requirements k. The Contractor may use the City's bypass equipment. Refer to Section 7- 17 of the Specifications. I. Section 2 -3.1 of the Specifications is changed to add the following items to be designated at 'Special Items' for the purpose of determining the amount of work to be performed by the Contractor: Traffic Signal related Bid Items Nos. 61 and 62. Landscape, irrigation, and streetlight bid items are not special items. m. Bid Item 96, the meandering wall, is correctly called out as a poured -in- place structure. See Sheet 91 in the drawing set. n. A review by staff of the drawings does not indicate that Phase 2 includes any work involving bollards, railings or post and cable system around tree wells. o. Adjacent to the buildings, there will be an edge band of lithocrete. There is a separate bid item for the edge banding. Examples of the edge banding installed in Phase 1 can be seen on Balboa Boulevard. p. The final sealant for all concrete surfaces, Bid Item 125, does not have a stipulated bid price. This sealant will be placed on the entire surface of Oceanfront from A Street to Adams Street, and on all Lithocrete surfaces on Main Street (roadway and sidewalks), Washington Street and Palm Street. 5. Meeting closed at 2:42 p.m. FAUSERS \PBMShared\Salboa Village Phase 2 C- 3527\CONTRACT DOCUMENTS - C -3527 PHASE 2 \Pre -Bid Meeting Minutes 071902.doc WAIS Document Retrieval • • Page 1 of 19 GENERAL DECISION CA020035 07/05/2002 CA35 Date: July 5, 2002 General Decision Number CA020035 Superseded General Decision No. CA010035 State: California Construction Type: BUILDING DREDGING HEAVY HIGHWAY County(ies): ORANGE BUILDING CONSTRUCTION PROJECTS; DREDGING PROJECTS (does not include hopper dredge work); HEAVY CONSTRUCTION PROJECTS (does not include water well drilling); HIGHWAY CONSTRUCTION PROJECTS Modification Number Publication Date 0 03/01/2002 1 03/08/2002 2 03/29/2002 3 05/10/2002 4 06/07/2002 5 07/05/2002 COUNTY(ies): ORANGE ASBE0005B 09/24/2001 Rates Fringes Includes the application of all insulating materials, protective coverings, coatings, and £inishings to all types of mechanical systems INSULATOR /ASBESTOS WORKER 30.23 7.66 ------ `----- — — --------- --------------------------- ---- — ------ ASSE0005D 10/04/1999 Rates Fringes HAZARDOUS MATERIAL HANDLER Includes preparation, wetting, stripping, removal, scrapping, vacuuming, bagging and disposing of all insulation materials from mechnical systems, wheather they contain asbestos or not 19.70 4.67 BOIL0092F 10/01/2001 Rates Fringes BOILERMAKER 31.01 11.95 http: // fnvebgate.access.gpo. gov /cgi- bin/getdoc.cgi ?dbname= Davis - Bacon &docid= CA02... 07/17/2002 WAIS Document Retrieval • • * BRCA0004T 05/01/2002 Rates Fringes BRICKLAYER; MARBLE MASON 29.01 5.65 ----------------------------------- ----- ----- ------- -- --- ------- BRCA0018H 06/01/2002 Rates Fringes TILE LAYER 26.50 7.45 TILE FINISHER 16.65 2.91 MARBLE FINISHER 19.90 3.56 - ------ - -------------- -- - ----- ----- --------- - ---- - ---- ---- - -- BRCA0018K 12/01/2000 FOOTNOTE: Work of forming in the construction of open cut sewers or storm drains, on operations in which horizontal lagging is used in conjunction with steel H -Beams driven or placed in pre - drilled holes, for that portion of a lagged trench against which concrete is poured, namely, as a substitute for back forms (which work is performed by piledrivers): $0.13 per hour additional. CARP0002B 07/01/2001 Rates Fringes DIVERS: Rates Fringes TERRAZZO WORKER 26.78 wet 5.34 TERRAZZO FINISHER 20.53 stand -by 5.34 CARP0002A 07/01/2001 Diver tender 235.04 per day 5.61 Rates Fringes CARPENTERS: Carpenter, cabinet installer, insulation installer, floor worker and acoustical installer 27.75 5.61 Shingler 27.88 5.61 Roof loader of shingles 19.52 5.61 Saw filer 27.83 5.61 Table power saw operator 27.85 5.61 Pneumatic nailer or power stapler 28.00 5.61 Millwriaht 28.25 5.61 Pile driver; Derrick barge; Bridge or dock carpenter; Cable splicer; Heavy framer; Rockslinger 27.88 5.61 Head rockslinger 27.98 5.61 Rock barge or scow 27.98 5.61 Scaffold builder 22.00 5.61 FOOTNOTE: Work of forming in the construction of open cut sewers or storm drains, on operations in which horizontal lagging is used in conjunction with steel H -Beams driven or placed in pre - drilled holes, for that portion of a lagged trench against which concrete is poured, namely, as a substitute for back forms (which work is performed by piledrivers): $0.13 per hour additional. CARP0002B 07/01/2001 Rates Fringes DIVERS: Diver, wet 486.08 per day 5.61 Diver, stand -by 243.04 per day 5.61 Diver tender 235.04 per day 5.61 CARP0002Q 07/01/2001 Rates Fringes Page 2 of 19 littp. / /fnvebgate.access.gpo.gov /cgi- bin /geldoc.cgi ?dbname= Davis - Bacon &docid= CA02... 07/17/2002 WAIS Document Retrieval • Page 3 of 19 Work on wood framed construction of single family residences, apartments or condominiums under 4 stories DRYWALL INSTALLERS 19.00 5.18 DRYWALL STOCKER /SCRAPPER 10.00 4.42 All other work DRYWALL INSTALLERS 27.75 6.43 DRYWALL STOCKER /SCRAPPER 10.00 4.42 ---------------------------- -- -- ----- -- -- -- ------- ---- CARP0003H 07/01/2001 MODULAR FURNITURE INSTALLER LOW WALL MODULAR TECHNICIAN FULL WALL TECHNICIAN ELEC00111 12/01/2001 COMMUNICATIONS & SYSTEMS: Istaller Technician Rates Fringes 14.99 5.805 18.22 5.805 21.47 5.805 Rates Fringes 22.13 3% + 4.40 23.93 3% + 4.40 SCOPE OF WORK: Installation, testing, service and maintenance of systems utilizing the transmission and /or transference of voice, sound, vision and digital for commercial, educational, security and entertainment purposes for the following: TV monitoring and surveillance, background- foreground music, intercom and telephone interconnect, inventory control systems, microwave transmission, multi- media, multiplex, nurse call systems, radio page, school intercom and sound, burglar alarms, fire alarm (see last paragraph below) and low voltage master clock systems in commercial buildings. Communication Systems that transmit or receive information and /or control systems that are intrinsic to the above listed systems; inclusion or exclusion of terminations and testings of conductors determined by their function; excluding all other data systems or multiple systems which include control function or power supply; excluding installation of raceway systems, conduit systems, line voltage work, and energy management systems. ----------------------------------- ------- -- ------- ------- - - - - -- ELEC0441A 12/03/2001 ELECTRICIAN CABLE SPLICER ELEC1245C 06/01/2002 Rates Fringes 30.10 3% +7.85 31.48 3% +7.85 Rates Fringes LINE CONSTRUCTION: Lineman; Cable splicer 33.16 4.5% +7.08 Equipment specialist (operates crawler tractors, commercial motor vehicles, backhoes, littp: / /frwebgate. access. gpo. gov /cgi- bin/geldoc.ca.i ?dbnaine= Davis- Bacon &docid= CA02... 07/17/2002 WAIS Document Retrieval • • Page 4 of 19 trenchers, cranes (50 tons and below), and overhead and underground distribution line equipment) 28.19 4.5% +6.80 Groundman 21.56 4.5% +6.80 Powderman 31.51 4.5% +6.84 ELEV0018A 09/15/2001 ELEVATOR MECHANIC Rates Fringes 33.695 7.455 FOOTNOTE: Vacation Pay: 8% with 5 or more years of service, 6% for 6 months to 5 years service. Paid Holidays: New Years Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Friday after, and Christmas Day. ------------------------------------ -------- ---------- ---- -- ---- * ENGIO012C 07/01/2002 PILEDRIVING GROUP 1 Rates POWER EQUIPMENT OPERATORS: GROUP 3 GROUP 1 27.85 GROUP GROUP 2 28.63 6 GROUP 3 28.92 GROUP GROUP 4 30.21 9 GROUP 5 30.43 GROUP GROUP 6 30.54 12 GROUP 7 30.66 GROUP 8 30.83 GROUP 9 30.93 GROUP 10 30.96 GROUP 11 31.04 GROUP 12 31.16 GROUP 13 31.33 GROUP 14 31.43 GROUP 15 31.54 GROUP 16 31.66 GROUP 17 31.83 GROUP 18 31.93 GROUP 19 32.04 GROUP 20 32.16 GROUP 21 32.33 CRANES, PILEDRIVING GROUP 1 GROUP 2 GROUP 3 GROUP 4 GROUP 5 GROUP 6 GROUP 7 GROUP 8 GROUP 9 GROUP 10 GROUP 11 GROUP 12 GROUP 13 & HOISTING EQUIPMENT: 29.00 29.78 30.07 30.21 30.43 30.54 30.66 30.83 31.00 32.00 33.00 34.00 35.00 Fringes 11.85 11.85 11.85 11.85 11.85 11.85 11.85 11.85 11.85 11.85 11.85 11.85 11.85 11.85 11.85 11.85 11.85 11.85 11.85 11.85 11.85 11.85 11.85 11.85 11.85 11.35 11.85 11.35 11.85 11.85 11.85 11.85 11.85 11.80 hnp: / /frwebgate. access. gpo. uov /cgi- bin /getdoc.cgi' ?dbnanle= Davis - Bacon &docid= CA02... 07/17/2002 WAIS Document Retrieval • • Page 5 of 19 TUNNEL WORK: GROUP 1 30.28 11.85 GROUP 2 30.57 11.85 GROUP 3 30.71 11.85 GROUP 4 30.93 11.85 GROUP 5 10.04 11.85 GROUP 6 31.16 11.85 GROUP 7 31.46 11.85 FOOTNOTES: Workers required to suit up and work in a hazardous material environment: $1.00 per hour additional. Combination mixer and compressor operator on gunite work shall be classified as a concrete mobile mixer operator. POWER EQUIPMENT OPERATORS CLASSIFICATIONS GROUP 1: Bargeman; Brakeman; Compressor operator; Ditch Witch, with seat or similar type equipment; Elevator operator- inside; Engineer Oiler; Forklift operator (includes loed, lull or similar types under 5 tons; Generator operator; Generator, pump or compressor plant operator; Pump operator; Signalman; Switchman GROUP 2: Asphalt- rubber plant operator (nurse tank operator); Concrete mixer operator -skip type; Conveyor operator; Fireman; Forklift operator (includes loed, lull or similar types over 5 tons; Hydrostatic pump operator; oiler crusher (asphalt or concrete plant); Petromat laydown machine; PJU side dum jack; Screening and conveyor machine oeprator (or similar types); skiploader (wheel type up to 3/4 yd. without attachment); Tar pot fireman; Temporary heating plant operator; Trenching machine oiler GROUP 3: Asphalt- rubber blend operator; Bobcat or similar type (side steer); Equipment greaser (rack); Ford Ferguson (with dragtype attachments); Helicopter radioman (ground); Stationary pipe wrapping and cleaning machine operator GROUP 4: Asphalt plant fireman; Backhoe operator (mini -max or similar type); Boring machine operator; Boxman or mixer-man (asphalt or concrete); chip spreading machine operator; Concrete cleaning decontamination machine operator; Concrete Pump Operator (small portable); Drilling machine operator, small auger types (Texoma super economatic or similar types - Hughes 100 or 200 or similar types - drilling depth of 30' maximum); Equipment greaser (grease truck); Guard rail post driver operator; Highline cableway signalman; Horizontal Directional Drilling Machine; Hydra - hammer -aero stomper; Micro Tunneling (above ground tunnel); Power concrete curing machine operator; Power concrete saw operator; Power - driven jumbo form setter operator; Power sweeper operator; Roller operator (compacting); Screed operator (asphalt or concrete); Trenching machine operator (up to 6 ft.); Vacuum or much truck GROUP 5: Articulating material hauler; Asphalt plant engineer; Batch plant operator; Bit sharpener; Concrete joint machine operator (canal and similar type); Concrete planer operator; Dandy digger; Deck engine operator; Derrickman (oilfield type); Drilling machine operator, bucket or auger types (Calweld 100 bucket or similar types - Watson 1000 auger or similar types - Texoma 330, 500 or 600 auger or similar types - drilling depth of 45' maximum); Drilling machine operator (including water wells); Hydrographic seeder machine operator http:i/fnvebgate.access. upo.gov /cgi- bin /getdoe.cgi ?dbname= Davis - Bacon &docid= CA02... 07/17/200-) WAIS Document Retrieval 0 Page 6 of 19 (straw, pulp or seed), Jackson track maintainer, or similar type; Kalamazoo Switch tamper, or similar type; Machine tool operator; Maginnis internal full slab vibrator, Mechanical berm, curb or gutter(concrete or asphalt); Mechanical finisher operator (concrete, Clary- Johnson - Bidwell or similar); Micro tunnel system (below ground); Pavement breaker operator (truck mounted); Road oil mixing machine operator; Roller operator (asphalt or finish), rubber -tired earth moving equipment (single engine, up to and including 25 yds. struck); Self- propelled tar pipelining machine operator; Skiploader operator (crawler and wheel type, over 3/4 yd. and up to and including 1 -1/2 yds.); Slip form pump operator (power driven hydraulic lifting device for concrete forms); Tractor operator - bulldozer, tamper- scraper (single engine, up to 100 h.p. flywheel and similar types, up to and including D -5 and similar types); Tugger hoist operator (1 drum); Ultra high pressure waterjet cutting tool system operator; Vacuum blasting machine operator GROUP 6: Asphalt or concrete spreading operator (tamping or finishing); Asphalt paving machine operator (Barber Greene or similar type); Asphalt- rubber distribution operator; Backhoe operator (up to and including 3/4 yd.), small ford, Case or similar; Cast -in -place pipe laying machine operator; Combination mixer and compressor operator (gunite work); Compactor operator (self - propelled); Concrete mixer operator (paving); Crushing plant operator; Drill Doctor; Drilling machine operator, Bucket or auger types (Calweld 150 bucket or similar types - Watson 1500, 2000 2500 auger or similar types - Texoma 700, 800 auger or similar types - drilling depth of 60' maximum); Elevating grader operator; Grade checker; Gradall operator; Grouting machine operator; Heavy -duty repairman; Heavy equipment robotics operator; Kalamazoo balliste regulator or similar type; Kolman belt loader and similar type; Le Tourneau blob compactor or similar type; Loader operator ( Athey, Euclid, Sierra and similar types); Ozzie padder or similar types; P.C. slot saw; Pneumatic concrete placing machine operator (Hackley- Presswell or similar type); Pumperete gun operator; Rotary drill operator (excluding caisson type); Rubber -tired earth - moving equipment operator (single engine, caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds. up to and including 50 cu. yds. struck); Rubber -tired earth - moving equipment operator (multiple engine up to and including 25 yds. struck); Rubber -tired scraper operator (self - loading paddle wheel type -John Deere, 1040 and similar single unit); Self - propelled curb and gutter machine operator; Shuttle buggy; Skiploader operator (crawler and wheel type over 1 -1/2 yds. up to and including 6 -1/2 yds.); Soil remediation plant operator; Surface heaters and planer operator; Tractor compressor drill combination operator; Tractor operator (any type larger than D -5 - 100 flywheel h.p. and over, or similar - bulldozer, tamper, scraper and push tractor single engine); Tractor operator (boom attachments), Traveling pipe wrapping, cleaning and bendng machine operator; Trenching machine operator (over 6 ft. depth capacity, manufacturer's rating); Ultra high pressure waterjet cutting tool system mechanic; Water pull (compaction) operator GROUP 7: Drilling machine operator, Bucket or auger types (Calweld 200 B bucket or similar types - Watson 3000 or 5000 auger or similar types - Texoma 900 auger or similar types- drilling http: / /fnvebgate.access.gpo.gov /cgi - bin /getdoc.cgi' ?dbname= Davis- Bacon&docid= CA02... 07/17/2002 WAIS Document Retrieval • • Page 7 of 19 depth of 105' maximum); Dual drum mixer, dynamic compactor LDC350 (or similar types); Monorail locomotive operator (diesel, gas or electric); Motor patrol -blade operator (single engine); Multiple engine tractor operator (Euclid and similar type- except Quad 9 cat.); Rubber -tired earth - moving equipment operator (single engine, over 50 yds. struck); Pneumatic pipe ramming tool and similar types; Prestressed wrapping machine operator; Rubber -tired earth - moving equipment operator (single engine, over 50 yds. struck); Rubber tired earth moving equipment operator (multiple engine, Euclid, caterpillar and similar over 25 yds. and up to 50 yds. struck), Tower crane repairman; Tractor loader operator (crawler and wheel type over 6 -1/2 yds.); Woods mixer operator (and similar Pugmill equipment) GROUP 8: Auto grader operator; Automatic slip form operator; Drilling machine operator, bucket or auger types (Calweld, auger 200 CA or similar types - Watson, auger 6000 or similar types - Hughes Super Duty, auger 200 or similar types - drilling depth of 175' maximum); Hoe ram or similar with compressor; Mass excavator operator less tha 750 cu. yards; Mechanical finishing machine operator; Mobile form traveler operator; Motor patrol operator (multi- engine); Pipe mobile machine operator; Rubber -tired earth - moving equipment operator (multiple engine, Euclid, Caterpillar and similar type, over 50 cu. yds. struck); Rubber -tired self - loading scraper operator (paddle - wheel -auger type self - loading - two (2) or more units) GROUP 9: Rubber -tired earth - moving equipment operator operating equipment with push -pull system (single engine, up to and including 25 yds. struck) GROUP 10: Canal liner operator; Canal trimmer operator; Remote - control earth - moving equipment operator (operating a second piece of equipment: $1.00 per hour additional); Wheel excavator operator (over 750 cu. yds.) GROUP 11: Rubber -tired earth - moving equipment operator, operating equipment with push -pull system (single engine, Caterpillar, Euclid, Athey wagon and similar types with any and all attachments over 25 yds. and up to and including 50 yds. struck); Rubber -tired earth - moving equipment operator, operating equipment with push -pull system (multiple engine -up to and including 25 yds. struck) GROUP 12: Rubber -tired earth - moving equipment operator, operating equipment with push -pull system (single engine, over 50 yds. struck); Rubber -tired earth - moving equipment operator, operating equipment with push -pull system (multiple engine, Euclid, Caterpillar and similar, over 25 yds. and up to 50 yds. struck) GROUP 13: Rubber -tired earth - moving equipment operator, operating equipment with push -pull system (multiple engine, Euclid, Caterpillar and similar, over 50 cu. yds. struck); Tandem tractor operator (operating crawler type tractors in tandem - Quad 9 and similar type) GROUP 14: Rubber -tired earth - moving equipment operator, http: / /frwebgate. access. gpo.gov /cgi- binlgetdoc.cgi ?dbname =Dav i s- Bacon &docid= CA02... 07/17/2002 WAIS Document Retrieval • • Page 8 of 19 operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units - single engine, up to and including 25 yds. struck) GROUP 15: Rotex concrete belt operator (or similar types); Rubber -tired earth - moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units - single engine, Caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds.and up to and including 50 cu. yds. struck); Rubber -tired earth - moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units - multiple engine, up to and including 25 yds. struck) GROUP 16: Rubber -tired earth - moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units - single engine, over 50 yds. struck); Rubber -tired earth - moving equipment operator, operating in tandem (scrapers, belly dumps, and similar types in any combination, excluding compaction units - multiple engine, Euclid, Caterpillar and similar, over 25 yds. and up to 50 yds. struck) GROUP 17: Rubber -tired earth - moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units - multiple engine, Euclid, Caterpillar and similar type, over 50 cu. yds. struck) GROUP 18: Rubber -tired earth - moving equipment operator, operating equipment with the tandem push -pull system (single engine, up to and including 25 yds. struck) GROUP 19: Rubber -tired earth - moving equipment operator, operating equipment with the tandem push -pull system (single engine, Caterpillar, Euclid, Athey wagon and similar types with any and all attachments over 25 yds. and up to and including 50 yds. struck); Rubber -tired earth - moving equipment operator, operating with the tandem push -pull system (multiple engine, up to and including 25 yds. struck) GROUP 20: Rubber -tired earth - moving equipment operator, operating equipment with the tandem push -pull system (single engine, over 50 yds. struck); Rubber -tired earth - moving equipment operator, operating equipment with the tandem push -pull system (multiple engine, Euclid, Caterpillar and similar, over 25 yds. and up to So yds. struck) GROUP 21: Concrete pump operator -truck mounted; Rubber -tired earth - moving equipment operator, operating equipment with the tandem push -pull system (multiple engine, Euclid, Caterpillar and similar type, over 50 cu. yds. struck) CRANES, PILEDRIVING AND HOISTING EQUIPMENT CLASSIFICATIONS GROUP 1: Engineer oiler; Fork lift operator (includes loed, lull or similar types) GROUP 2: Truck crane oiler http: / /frwebgate. access. gpo. gov /cgi -bin/ getdoc. cgi ?dbn ame =Davi s- Bacon &doc i d= CA02... 07/17/2002 WAIS Document Retrieval . . Page 9 of 19 GROUP 3: A -frame or winch truck operator; Ross carrier operator (jobsite) GROUP 4: Bridge -type unloader and turntable operator; Helicopter hoist operator GROUP 5: Hydraulic boom truck; Stinger crane (Austin - Western or similar type); Tugger hoist operator (1 drum) GROUP 6: Bridge crane operator; Cretor crane operator; Hoist operator (Chicago boom and similar type); Lift mobile operator; Lift slab machine operator (Vagtborg and similar types); Material hoist and /or manlift operator; Polar gantry crane operator; Self Climbing scaffold (or similar type); Shovel, backhoe, dragline, clamshell operator (over 3/4 yd. and up to 5 cu. yds. mrc); Tugger hoist operator GROUP 7: Pedestal crane operator; Shovel, backhoe, dragline, clamshell operator (over 5 cu. yds. mrc); Tower crane repair; Tugger hoist operator (3 drum) GROUP 8: Crane operator (up to and including 25 ton capacity); Crawler transporter operator; Derrick barge operator (up to and including 25 ton capacity); Hoist operator, stiff legs, Guy derrick or similar type (up to and including 25 ton capacity); Shovel, backhoe, dragline, clamshell operator (over 7 cu. yds., M.R.C.) GROUP 9: Crane operator (over 25 tons and up to and including 50 tons mrc); Derrick barge operator (over 25 tons up to and including 50 tons mrc); Highline cableway operator; Hoist operator, stiff legs, Guy derrick or similar type (over 25 tons up to and including 50 tons mrc); K -crane operator; Polar crane operator; Self erecting tower crane operator maximum lifting capacity ten tons GROUP 10: Crane operator (over 50 tons and up to and including 100 tons mrc); Derrick barge operator (over 50 tons up to and including 100 tons mrc); Hoist operator, stiff legs, Guy derrick or similar type (over 50 tons up to and including 100 tons mrc), Mobile tower crane operator (over 50 tons, up to and including 100 tons M.R.C.); Tower crane operator and tower gantry GROUP 11: Crane operator (over 100 tons and up to and including 200 tons mrc); Derrick barge operator (over 100 tons up to and including 200 tons mrc); Hoist operator, stiff legs, Guy derrick or similar type (over 100 tons up to and including 200 tons mrc); Mobile tower crane operator (over 100 tons up to and including 200 tons mrc) GROUP 12: Crane operator (over 200 tons up to and including 300 tons mrc); Derrick barge operator (over 200 tons up to and including 300 tons mrc); Hoist operator, stiff legs, Guy derrick or similar type (over 200 tons, up to and including 300 tons mrc); Mobile tower crane operator (over 200 tons, up to and including 300 tons mrc) GROUP 13: Crane operator (over 300 tons); Derrick barge operator (over 300 tons); Helicopter pilot; Hoist operator, stiff http: / /fnvebgate. access. gpo. gov /cgi- bin/getdoc.cgi ?dbnanie= Davis- Bacon &docid= CA02... 07/17/2002 WAIS Document Retrieval • • Page 10 of 19 legs, Guy derrick or similar type (over 300 tons); Mobile tower crane operator (over 300 tons) TUNNEL CLASSIFICATIONS GROUP 1: Skiploader (wheel type up to 3/4 yd. without attachment) GROUP 2: Power - driven jumbo form setter operator GROUP 3: Dinkey locomotive or motorperson (up to and including 10 tons) GROUP 4: Bit sharpener; Equipment greaser (grease truck); Slip form pump operator (power- driven hydraulic lifting device for concrete forms); Tugger hoist operator (1 drum); Tunnel locomotive operator (over 10 and up to and including 30 tons) GROUP 5: Backhoe operator (up to and including 3/4 yd.); Small Ford, Case or similar; Drill doctor; Grouting machine operator; Heading shield operator; Heavy -duty repairperson; Loader operator (Athey, Euclid, Sierra and similar types); Mucking machine operator (1/4 yd., rubber - tired, rail or track type); Pneumatic concrete placing machine operator (Hackley- Presswell or similar type); Pneumatic heading shield (tunnel); Pumperete gun operator; Tractor compressor drill combination operator; Tugger hoist operator (2 drum); Tunnel locomotive operator (over 30 tons) GROUP 6: Heavy Duty Repairman GROUP 7: Tunnel mole boring machine operator * ENGI0012D 08/01/2001 Rates Fringes POWER EQUIPMENT OPERATORS: DREDGING: Leverman 33.65 11.30 Dredge dozer 30.18 11.30 Deckmate 30.07 11.30 Winch operator (stern winch on dredge) 29.52 11.30 Fireman; deckhand and bargeman 28.98 11.30 Barge mate 29.59 11.30 * IRON0001T 07/01/2002 IRONWORKERS: Fence erector Rates Fringes 25.97 15.29 Ornamental, reinforcing and structural 26.86 15.29 * LAB00001B 07/01/2002 Rates Fringes BRICK TENDER 21.10 9.57 http: / /frwebgate.access.gpo.gov /cgi- binlgetdoc.cgi' ?dbname= Davis- Bacon &docid= CA02... 07/17/2002 WAIS Document Retrieval • • Page 11 of 19 * LAB00002H 07/01/2002 Rates Fringes ice-47 1. GROUP 1 20.10 9.98 GROUP 2 20.65 9.98 GROUP 3 21.20 9.98 GROUP 4 22.75 9.98 GROUP 5 23.10 9.98 TUNNEL LABORERS: 8.38 GROUP 1 22.01 9.98 GROUP 2 23.33 9.98 GROUP 3 23.79 9.98 GROUP 4 24.48 9.98 GUNITE LABORERS GROUP 1 22.84 12.73 GROUP 2 21.89 12.73 GROUP 3 18.35 12.73 HOUSEMOVERS (ONLY WHERE HOUSEMOVING IS INCIDENTAL TO A CONSTRUCTION CONTRACT): Housemover 15.50 8.38 Yard maintenance person 15.25 8.38 FOOTNOTE: GUNITE PREMIUM PAY: Workers working from a Bosn'n's Chair or suspended from a rope or cable shall receive 40 cents per hour above the foregoing applicable classification rates. Workers doing gunite and /or shotcrete work in a tunnel shall receive 35 cents per hour above the foregoing applicable classification rates, paid on a portal -to- portal basis. Any work performed on, in or above any smoke stack, silo, storage elevator or similar type of structure, when such structure is in excess of 75' -0" above base level and which work must be performed in whole or in part more than 75' -0" above base level, that work performed above the 75' -0" level shall be compensated for at 35 cents per hour above the applicable classification wage rate. LABORER CLASSIFICATIONS GROUP 1: Cleaning and handling of panel forms; Concrete screeding for rough strike -off; Concrete, water curing; Demolition laborer, the cleaning of brick if performed by a worker performing any other phase of demolition work, and the cleaning of lumber; Fire watcher, limber, brush loader, piler and debris handler; Flag person; Gas, oil and /or water pipeline laborer; Laborer, asphalt- rubber material loader; Laborer, general or construction; Laborer, general clean -up; Laborer, landscaping; Laborer, jetting; Laborer, temporary water and air lines; Material hose operator (walls, slabs, floors and decks); Plugging, filling of shee bolt holes; Dry packing of concrete; Railroad maintenance, repair track person and road beds; Streetcar and railroad construction track laborers; Rigging and signaling; Scaler; Slip form raiser; Tar and mortar; Tool crib or tool house laborer; Traffic control by any method; window http: // ffwebgate. access.gpo.govlcgi - binl getdoc. cgi? dbnanie = Davis- Bacon&docid=CA02... 07/17/2002 WAIS Document Retrieval is • Page 12 of 19 cleaner; Wire mesh pulling - all concrete pouring operations GROUP 2: Asphalt shoveler; Cement dumper (on 1 yd. or larger mixer and handling bulk cement); Cesspool digger and installer; Chucktender; Chute handler, pouring concrete, the handling of the chute from readymix trucks, such as walls, slabs, decks, floors, foundation, footings, curbs, gutters and sidewalks; Concrete curer, impervious membrane and form oiler; Cutting torch operator (demolition); Fine grader, highways and street paving, airport, runways and similar type heavy construction; Gas, oil and /or water pipeline wrapper - pot tender and form person; Guinea chaser; Headerboard person - asphalt; Laborer, packing rod steel and pans; Membrane vapor barrier installer; Power broom sweeper (small); Riprap stonepaver, placing stone or wet sacked concrete; Roto scraper and tiller; Sandblaster (pot tender); Septic tank digger and installer(lead); Tank scaler and cleaner; Tree climber, faller, chain saw operator, Pittsburgh chipper and similar type brush shredder; Underground laborer, including caisson bellower GROUP 3: Buggymobile person; Concrete cutting torch; Concrete pile cutter; Driller, jackhammer, 2 -1/2 ft. drill steel or longer; Dri- pak -it machine; Gas, oil and /or water pipeline wrapper, 6 -in. pipe and over, by any method, inside and out; High scaler (including drilling of same); Hydro seeder and similar type; Impact wrench multi - plate; Kettle person, pot person and workers applying asphalt, lay -kold, creosote, lime caustic and similar type materials ( "applying" means applying, dipping, brushing or handling of such materials for pipe wrapping and waterproofing); Operator of pneumatic, gas, electric tools, vibrating machine, pavement breaker, air blasting, come- alongs, and similar mechanical tools not separately classified herein; Pipelayer's backup person, coating, grouting, making of joints, sealing, caulking, diapering and including rubber gasket joints, pointing and any and all other services; Rock Slinger; Rotary scarifier or multiple head concrete chipping scarifier; Steel headerboard and guideline setter; Tamper, Barko, Wacker and similar type; Trenching machine, hand - propelled GROUP 4: Asphalt raker, lute person, ironer, asphalt dump person, and asphalt spreader boxes (all types); Concrete core cutter (walls, floors or ceilings), grinder or sander; Concrete saw person, cutting walls or flat work, scoring old or new concrete; Cribber, shorer, lagging, sheeting and trench bracing, hand - guided lagging hammer; Head rock slinger; Laborer, asphalt - rubber distributor boot person; Laser beam in connection with laborers' work; Oversize concrete vibrator operator, 70 lbs. and over; Pipeiayer performing all services in the laying and installation of pipe from the point of receiving pipe in the ditch until completion of operation, including any and all forms of tubular material, whether pipe, metallic or non - metallic, conduit and any other stationary type of tubular device used for the conveying of any substance or element, whether water, sewage, solid gas, air, or other product whatsoever and without regard to the nature of material from which the tubular material is fabricated; No -joint pipe and stripping of same; Prefabricated manhole installer; Sandblaster (nozzle person), water blasting, Porta Shot -Blast http: / /frwebgate. access.g po .gov /cgi- bin/getdoc.cgi ?dbname= Davis- Bacon &docid= CA02... 07/17/2002 WAIS Document Retrieval 0 0 GROUP 5: Blaster powder, all work of loading holes, placing and blasting of all powder and explosives of whatever type, regardless of method used for such loading and placing; Driller: All power drills, excluding jackhammer, whether core, diamond, wagon, track, multiple unit, and any and all other types of mechanical drills without regard to the form of motive power; Toxic waste removal TUNNEL LABORER CLASSIFICATIONS GROUP 1: Batch plant laborer; Bull gang mucker, track person; Changehouse person; Concrete crew, including rodder and spreader; Dump person; Dump person (outside); Swamper (brake person and switch person on tunnel work); Tunnel materials handling person GROUP 2: Chucktender, cabletender; Loading and unloading agitator cars; Nipper; Pot tender, using mastic or other materials (for example, but not by way of limitation, shotcrete, etc.); vibrator person, jack hammer, pneumatic tools (except driller) GROUP 3: Blaster, driller, powder person; Chemical grout jet person; Cherry picker person; Grout gun person; Grout mixer person; Grout pump person; Jackleg miner; Jumbo person; Kemper and other pneumatic concrete placer operator; Miner, tunnel (hand or machine); Nozzle person; Operating of troweling and /or grouting machines; Powder person (primer house); Primer person; Sandblaster; Shotcrete person; Steel form raiser and setter; Timber person, retimber person, wood or steel; Tunnel Concrete finisher GROUP 4: Diamond driller; Sandblaster; Shaft and raise work GUNITE LABORER CLASSIFICATIONS GROUP 1: Nozzle person and rod person GROUP 2: Gun person GROUP 3: Rebound person ---------------------------------- ----- ------ ---- --- --- --- - - - - -- * LAB00300A 08/01/2001 PLASTERER TENDER PLASTER CLEANUUP LABORER LABOO882B 01/01/2001 Rates Fringes 22.30 9.62 19.75 9.62 Rates Fringes ASBESTOS REMOVAL LABORER 20.12 7.50 SCOPE OF WORK: Includes site mobilization, initial site cleanup, site preparation, removal of asbestos - containing material and toxic waste, encapsulation, enclosure and disposal of asbestos - containing materials and toxic waste by hand or with equipment or machinery; scaffolding, fabrication of temporary wooden barriers and assembly of decontamination stations. * LABO1184A 07/01/2002 Rates Fringes Page 13 of 19 http: / /frwebgate.access.gpo. govlco.i- bin/getdoe.cgi ?dbname= Davis- Bacon &docid= CA02... 071 1 7/2 002 WAIS Document Retrieval • Page 14 of 19 • LABORERS - STRIPING: . GROUP 1 20.65 8.42 GROUP 2 21.50 8.42 GROUP 3 23.82 8.42 GROUP 4 26.02 8.42 LABORERS - STRIPING CLASSIFICATIONS GROUP 1: Protective coating, pavement sealing, including repair and filling of cracks by any method on any surface in parking lots, game courts and playgrounds; carstops; operation of all related machinery and equipment; equipment repair technician GROUP 2: Traffic surface abrasive blaster; pot tender - removal of all traffic lines and markings by any method (sandblasting, waterblasting, grinding, etc.) and preparation of surface for coatings. Traffic control person: controlling and directing traffic through both conventional and moving lane closures; operation of all related machinery and equipment GROUP 3: Traffic delineating device applicator: Layout and application of pavement markers, delineating signs, rumble and traffic bars, adhesives, guide markers, other traffic delineating devices including traffic control. This category includes all traffic related surface preparation (sandblasting, waterblasting, grinding) as part of the application process. Traffic protective delineating system installer: removes, relocates, installs, permanently affixed roadside and parking delineation barricades, fencing, cable anchor, guard rail, reference signs, monument markers; operation of all related machinery and equipment; power broom sweeper GROUP 4: Striper: layout and application of traffic stripes and markings; hot thermo plastic; tape traffic stripes and markings, including traffic control; operation of all related machinery and equipment ----------------------------------- -------- -------------- --- - - -- PAIN0036A 07/01/2001 Rates Fringes PAINTER (includes lead abatement): Work on service stations and and car washes; Small new commercial work (defined as construction up to and including 3 stories in height, such as small shopping centers, small stores, small office buildings and small food establishments); Small new industrial work (defined as light metal buildings, small warehouses, small storage facilities and tilt -up buildings); Repaint work (defined as repaint of any structure with the exception of work involving littp:i /frxvebgate. access. gpo. gov /cgi -bii /gctdoe.cgi' ?dbname= Davis- Bacon &,doeid= CA02... 07/17/2002 WAIS Document Retrieval • the aerospace industry, breweries, commercial recreational facilities, hotels which operate commercial establishments as part of hotel service, and sports facilities); Tenant improvement work (defined as tenant improvement work not included in conjunction with the construction of the building, and all repainting of tenant improvement projects 21.25 5.63 All other work 24.52 5.63 PAIN0036H 10/01/2001 Rates Fringes DRYWALL FINISHERS 25.33 7.93 PAIN0036R 06/01/2002 Rates Fringes GLAZIERS 29.20 8.45 FOOTNOTE: Additional $1.25 per hour for work in a condo, from the third (3rd) floor and up Additional $1.25 per hour for work on the outside of the building from a swing state or any suspended contrivance, from the ground up * PAIN1247B 03/01/2002 Rates Fringes SOFT FLOOR LAYER 25.95 6.25 PLAS0200I 08/01/2001 Rates Fringes PLASTERERS 28.66 3.80 * PLAS0500B 07/01/2002 Rates Fringes Cement mason; curb and gutter machine operator; Clary and similar type of screed operator (cement only); grinding machine (all types); Jackson vibratory, Texas screed and similar type screed operator; scoring machine operator 23.05 11.56 Cement mason (magnesite, magnesite - terrazzo and mastic composition, epoxy, Page 15 of 19 http: / /frwebgate.access.gpo.gov /cgi -bin /getdoc.cgi' ?dbname = Davis - Bacon &docid= CA02... 07/17/2002 WAIS Document Retrieval • Page 16 of 19 urethanes and exotic coatings, Dex -O -Tex) 22.43 11.45 Cement Mason - floating and troweling machine operator 22.56 11.45 FOOTNOTE: Work on a swinging stage, bosun chair, or suspended scaffold, whether swinging or rigid, operating machine, above or below ground: additional $.25 per hour. PLUM0016A 07/01/2001 Rates Fringes PLUMBER & PIPEFITTER: SEWER AND STORM DRAIN WORK 17.83 10.88 REPAIR 25.46 11.32 ALL OTHER WORK 26.33 11.88 ---------------- - --- -- — -- - ------------------------- — -- --- ---- PLUM02SOB 09/01/2001 Rates Fringes REFRIGERATION & AIR CONDITIONING FITTER 32.60 9.90 ---------------------------------- -- --- --------- -- -- -- ------ - - -- PLUM0345A 07/01/2001 Rates Fringes LANDSCAPE & IRRIGATION FITTER 20.38 11.10 --------------------------------- — ___-------------------------- ROOF0036B 09/01/2001 Rates Fringes ROOFER 24.77 5.40 Duties limited to the following: Roof removal of any type of roofing or roofing material; or spudding, or sweeping; and /or clean -up; and /or preload in, or in preparing the roof for application of roofing, damp and /or waterproofing materials PREPARER 16.24 1.00 FOOTNOTE: Pitch premium: Work on which employees are exposed to pitch fumes or required to handle pitch, pitch base or pitch impregnated products, or any material containing coal tar pitch, the entire roofing crew shall receive $1.75 per hour "pitch premium" pay. SFCA0669H 04/01/2002 Rates Fringes DOES NOT INCLUDE SAN CLEMENTE ISLAND, THE CITY OF SANTA ANA, AND THAT PART OF ORANGE COUNTY WITHIN 25 MILES OF THE CITY LIMITS OF LOS ANGELES: SPRINKLER FITTER (FIRE) 28.75 6.05 htip: / /fBvebgate.access.gpo.gov /cgi- bin /getdoc.cgi ?dbnaine= Davis- Bacon&docid= CA02... 07/17/2002 WAIS Document Retrieval • • Page 17 of 19 SFCA0709C 09/01/2001 Rates Fringes SAN CLEMENTE ISLAND, THE CITY OF SANTA ANA, AND THAT PART OF ORANGE COUNTY WITHIN 25 MILES BEYOND THE CITY LIMITS OF LOS ANGELES: SPRINKLER FITTER (FIRE) 31.58 10.95 SHEE0102G 02/01/2001 Rates Fringes INDUSTRIAL Work on all air pollution control systems, noise abatement panels, blow pipe, air -veyor systems, dust collecting, baghouses, heating, air conditioning, and ventilating (other than creature comfort) and all other industrial work, including metal insulated ceilings SHEETMETAL WORKER 24.91 13.62 SHEE0102H 07/01/2001 Rates Fringes COMMERCIAL: Work on all commercial HVAC for creature comfort and computers clean rooms, architectural metals, metal roofing and lagging, over insulation SHEET METAL WORKER 28.95 10.57 * TEAM0011E 07/01/2002 Rates Fringes TRUCK DRIVERS: GROUP 1 21.84 12.84 GROUP 2 21.99 12.84 GROUP 3 22.12 12.84 GROUP 4 22.31 12.84 GROUP 5 22.25 12.84 GROUP 6 22.37 12.84 GROUP 7 22.62 12.84 GROUP 8 22.87 12.84 GROUP 9 23.02 12.84 GROUP 10 23.37 12.84 GROUP 11 23.87 12.84 TRUCK DRIVER CLASSIFICATIONS GROUP 1: Truck_ driver GROUP 2: Driver of vehicle or combination of vehicles - 2 axles; Traffic control pilot car excluding moving heavy equipment permit load; Truck - mounted broom GROUP 3: Driver of vehicle or combination of vehicles - 3 http: / /fnvebgate.access.gpo.gov /cgi- bin /getdoc.cgi ?dbname= Davis- Bacon &docid= CA02... 07/17/2002 WAIS Document Retrieval • Page 18 of 19 axles; Boot person; Cement mason distribution truck; Fuel truck driver; Water truck - 2 axle; Dump truck, less than 16 yds. water level; Erosion control driver GROUP 4: Driver of transit mix truck, under 3 yds.; Dumperete truck, less than 6 -1/2 yds. water level GROUP 5: Water truck, 3 or more axles; Truck greaser and tire person ($0.50 additional for tire person); Pipeline and utility working truck driver, including winch truck and plastic fusion, limited to pipeline and utility work; Slurry truck driver GROUP 6: Transit mix truck, 3 yds. or more; Dumperete truck, 6 -1/2 yds. water level and over; Vehicle or combination of vehicles - 4 or more axle; Oil spreader truck; Dump truck, 16 yds. to 25 yds. water level GROUP 7: A Frame, Swedish crane or similar; Forklift driver; Ross carrier driver GROUP 8: Dump truck, 25 yds. to 49 yds. water level; Truck repair person; Water pull - single engine; Welder GROUP 9: Truck repair person /welder; Low bed driver, 9 axles or over GROUP 10: Dump truck - 50 yds. or more water level; Water pull - single engine with attachment GROUP 11: Water pull - twin engine; Water pull - twin engine with attachments; Winch truck driver - $1.25 additional when operating winch or similar special attachments --------------------------------- ------- ---- ---- ---------- - - - - -- WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29 CFR 5.5(a)(1)(v)). In the listing above, the "SU" designation means that rates listed under that identifier do not reflect collectively bargained wage and fringe benefit rates. Other designations indicate unions whose rates have been determined to be prevailing. WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling h ttp: // frweb -ate. access. -po. gov /cgi- bin/- etdoc.cgi ?dbname= Davis - Bacon &doc id= CAO2... 07/17/2002) WAIS Document Retrieval i 0 Page 19 of 19 On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis -Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U. S. Department of Labor 200 Constitution Avenue. N. W. Washington, D. C. 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N. W. Washington, D. C. 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U. S. Department of Labor 200 Constitution Avenue, N. W. Washington, D. C. 20210 4.) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION http: //fr vebgate. access. gpo .gov /cgi -bin /getdoc.cgi ?dbname= Davis- Bacon &docid= CA02... 07/17/2002 HARRAND -01 GADI UATE(MMD °"ACORD CERTIFICA OF LIABILITY INSUR E /re 32002 -----T5T9T347-32u3 PRODUCER Diversified Risk Insurance Brokers License #0529776 5900 Christie Avenue THIS CERTIFICATE 13 ISSUED AS A MATTER OF INFORMATIO ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE Emeryville, CA 94608 INSURED Harris and Associates Inc. INSURER Evanston Insurance Co. Attn: Tracy Rapozo 120 Mason Circle Concord, CA 94520 -1238 INSURER B. Royal Insurance Co. of America INSURER C: Steadfast Insurance Co. INSURER D: Alaska National Insurance Company INSURER E: Continental Casualty C.O. 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. LTR TYPE OF INSURANCE POLICY NUMBER DATE MMIODM DATE MMIDD/YY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,00 A X COMMERCIAL GENERAL LIABILITY 02PKGO0743 8/1/2002 8/1/2003 FIRE DAMAGE (Any one fire) $ 50,00 CLAIMS MADE I OCCUR MED EXP(Any one person) $ 5,00 X „X„ "C', „u„ PERSONAL B ADV INJURY $ 1,000,00 X Severability of Interest GENERAL AGGREGATE $ 2,000,00 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGO $ 2,000,000 POLICY X PRO- _LOC JECT B AUTOMOBILE LIABILITY ANY AUTO PST414719 8/112002 6/1/2003 COMBINED SINGLE LIMIT (Ea accitlenH $ 1,000,000 X BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON - OWNEDAUTOS X X BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per acedenU $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT S OTHER THAN EA ACC $ ANY AUTO $ AUTO ONLY: AGG EXCESS LIABILITY EACH OCCURRENCE $ 6,000,000 C X OCCUR CLAIMS MADE AUC- 9305561 -00 81112002 6/1/2003 AGGREGATE S 5,000,000 S $ DEDUCTIBLE S RETENTION $ D WORKERS COMPENSATION AND EMPLOYERS'LIABILITY 02HWD40007 811/2002 811/2003 X I TORY LIMITS ER E.L. EACH ACCIDENT $ 1,000,00 E.L. DISEASE -E A EMPLOYEE $ 1,000,00 E.L. DISEASE - POLICY LIMIT I $ 1,000,000 OTHER E Profession al Liability AEA113822501 81112002 8/112003 Per Claim: 5,000,000 E See Remarks" AEA113822501 8/112002 8/1/2003 Aggregate: 5,000,000 DESCRIPTION OF OPER nDNWLOCATIONSIVEHICLES /EXCLUSIONS ADDED BY ENDORSEMENT /SPECIAL PROVISIONS In the event of cancellation for non - payment of premium, a 10 day notice will apply. Re: Construction Management Services for Balboa Village Project (HSA #012 -0150) Waiver of Subrogation is included as respect General 8 Auto Liability. l cn I Iro i^ I c nwV ucR I I ADDITIONAL INSURED; INSURER LETTER: MMNVIZLLM I Ivry City of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92658 -6915 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATIOI DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. REMARKS RRAND -01 GAM PAGE 1 OF 1 Professional Liability .' As respects PROFESSIONAL LIABILITY Coverage: All operations of the Named Insured including but not limited to any referenced project. The Aggregate limit is the total limit of insurance available for all claims presented under the policy. A $100,000 deductible applies to each and every claim submitted under the policy. i I 1 1 POLICY #: 02PKGO0743 • OMERCIAL GENERAL LIABILITY INSURED: Harris and Associates Inc. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES or CONTRACTORS (Form B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: City of Newport Beach, its elected officials, volunteers, officers and employees Re: Construction Management Services for Balboa Village Project (H&A #012 -0150) (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 ll) 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. Subject to all other terms and provisions of the policy, such insurance as provided by this endorsement shall be deemed primary, but only with respect to work performed by or for the named insured in connection with the above described contract. Any other insurance maintained by the Additional Insured(s) shall be excess and non - contributory. CG 20 10 11 85 0 POLICY #: PST414719 COMMERCIAL AUTO CA 20 48 02 99 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" under the Who Is An Insured Provi- sion of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Endorsement Effective: Countersigned By: Named Insured: (llyy� CAk 4'c� Harris and Associates Inc. � � (Authorized Representative) SCHEDULE Name of Person(S) or Organization(s): City of Newport Beach, its elected officials, volunteers, officers and employees Re: Construction Management Services for Balboa Village Project (H &A #012 -0150) (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement.) Each person or organization shown in the Schedule is an "insured" for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured Provision contained in Section II of the Coverage Form. Subject to all other terms and provisions of the policy, such insurance as provided by this endorsement shall be deemed primary, but only with respect to work performed by or for the named insured in connection with the above described contract. Any other insurance maintained by the Additional Insured(s) shall be excess and non- contributory. CA 20 48 02 99 Copyright, Insurance Services Office, Inc., 1998 Page 1 of 1 • i Alaska National INSURANCE COMPANY 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.) Person or Organization City of Newport Beach, its elected officials, volunteers, officers and employees 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 2% of the California workers' compensation premium otherwise due on such remuneration. Schedule Job Description Construction Management Services for Balboa Village Project 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 Insured Harris and Associates, Inc. Countersigned By y WC 04 03 06 04 84 Policy No. 02HWD40007 Endorsement No. ........... OCT -02 -2_002 tWrED 09:03 AN CAL SURANCE FAX NO. 7149391654 P. 01 Fax #: Cl `l 9 " � VL1— p CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach Date Received: -f OC4_ Dept. /Contact Received From: '5' Q G n a_ o (/ Date Completed: Sent to: ->' l /t 14 n p,, By: TL (J a Company /Person required to have certificate:�►jl S f�551� L I. GENERAL LIABILITY A. INSURANCE COMPANY: E Q6--n ` l DYI `( r1 S Cc7 B. AM BEST RATING (A: VII or greater): fsX-_ C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? ❑ Yes �No D. LIMITS (Must be $1M or greater): What is limit provided? a m', ) E. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? Wyss ❑ No F, ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? krYes ❑ No G. PRIMARY & NON - CONTRIBUTORY WORDING (Must be included): Is it included? VYes ❑ No H. CAUTION! (Confine that loss or liability of the named insured is not limited solely by their negligence) Does endorsement include 'solely by No negligence" wording? ❑ Yes b� I. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. 11, AUTOMOBILE LIABILITY / e A. INSURANCE COMPANY: 1Q 6yajQ Tn5 Co C-CL- B. AM BEST RATING (A: VII or greater): -A —j< kf C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? Yes ❑ No D. LIMITS (Must be $1M min. 81 & PD and $500,000 UM): What is limits provided? ryl,i E. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? ZYes ❑ No F. PRIMARY & NON - CONTRIBUTORY WORDING (For Waste Haulers only): / Is it included? Q' ❑ Yes ❑ No G. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. M. WORKERS' COMPENSATION A. INSURANCE COMPANY: A La st 0.. O 4i in&Q _j„r S W B. AM BEST RATING (A: VII or greater): i4 V )I C. LIMITS: Statutory D. WAIVER OF SUBROGATION (To include): is it included? t,Yes ❑ No HAVE ALL ABOVE REQUIREMENTS BEEN MET? ❑ Yes No IF NO, WHICH ITEMS NEED TO BE COMPLETED? & I— : TxnC CAD rip- Ca���i�.: Tjgr ' CAD ripi- C��'i�. A�;p t2t� -hir� ItSS°- Yi.a.,.� rccBu:,rcc�. Page 1 of 1 Oyler, Shauna From: Farley, Lauren Sent: Thursday, October 03, 2002 9:03 To: Oyler, Shauna Subject: RE: Harris and Associates approved - - - -- Original Message---- - From: Oyler, Shauna Sent: Thursday, October 03, 2002 8:47 AM To: Farley, Lauren Subject: Harris and Associates Harris & Associates is the consulting firm that the City has contracted with to be the Project Managers on the Balboa Village, Phase II project. I have received approval on all of their insurance documents; however, their carrier (Evanston Insurance - Rating A X) is not an admitted. The Auto carrier is Royal Insurance Co. of America. They are admitted, but their rating is A- XV. Are they okay or shall I go back to them and have them change carriers? 10/03/2002 0 CITY OF NEWPORT BEACH - PUBLIC WORKS DEPARTMENT BALBOA VILLAGE IMPROVEMENTS PHASE 2 CONTRACT NO. 3527 a ADDENDUM N0.3 �7 DATE: July 24, 2002 B Direct -of Public Works TO: ALLPLANHOLDERS Additional Information and Clarification to the Construction Drawings.. 1 On Sheet 44, the Main Street sewer invert at the manhole at Alley No 256U is 4.1 feet below ground surface 2 The irrigation controller to be installed on the westerly side of Main Street north of East Bay Avenue shall be a four station Irritrol IBOC battery operated unit as called out on Sheet 76 of the Drawings. The irrigation legend on Sheet 80 calling for the Altec LEIT 4008 irrigation controller shall be changed to the "four station Irritrol IBOC battery operated irrigation controller' Similarly, callouts on the irrigation detail on Sheet 80 for the Altec LEIT 4008 or 8000 irrigation controller shall be changed to the "four station Irritrol IBOC battery operated irrigation controller" Bidders must sign this Addendum No. 3 cover sheet and attach it to the bid proposal. No bid will be considered unless Addenda Nos. 1, 2 and 3 are signed and attached to the bid proposal. I have carefully examined this Addendum and have included full payment in my Proposal. HILLCREST CONTRACTING, INC. Bidder's Name (Please Print) 07/29/02 Authorized Signature & Title Date GLENN J. SALSBURY, PRESIDENT t:�users',pbMshared\balboa village phase 2 c- 35271.conlract documents- c -3527 phase 2laddendum no 3 cover sheet floc GG / �a U CITY OF NEWPORT BEACH - PUBLIC WORKS DEPARTMENT BALBOA VILLAGE IMPROVEMENTS PHASE 2 CONTRACT NO. 3527 F i ADDENDUM NO. 4 DATE: July 25 .2002 BY:�'�,� � ---mss✓ Director of b t h-c Works TO: ALLPLANHOLDERS Bid Item Deletion and Clarification: 1 Delete Bid Item 69- Furnish and Install 2 -inch Street Lighting Conduit 2 On page SP 25 of 32 of the Special Provisions, the Palm Tree Uplighting is a low voltage system. This bid item requires a transformer to convert from 120V to low voltage. This transformer will be located in the Meyer's cabinet at the southwest corner of Palm Street and Oceanfront. 1 -inch conduit will run to the palm tree locations on Palm Street with junction boxes /pull boxes installed as needed. Note that there are no details of the system on the construction drawings. Bidders must sign this Addendum No. 4 cover sheet and attach it to the bid proposal. No bid will be considered unless Addenda Nos. 1, 2, 3 and 4 are signed and attached to the bid proposal. I have carefully examined this Addendum and have included full payment in my Proposal. HILLCREST CONTRACTING, INC. Bidder's Name (Please Print) 07/29/02 Authorized Signature & Title Date GLENN J. SALSBURY, PRESIDENT t: \users%pb v\shored\balboa village phase 2 c- 3527 \contract document; - r. -3527 phase 2\addendurn no 4 cover sheet doc 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL BALBOA VILLAGE IMPROVEMENT PHASE 2 CONTRACT NO. 3527 To the Honorable City Council City of Newport Beach 3300 Newport Boulevard, P.O. Box 1768 Newport Beach, California 92663 -8915 Gentlemen: The undersigned declares that he has carefully examined the location of the work, has read the Instruction to the Bidders, has examined the Plans and Special Provisions, and hereby proposes to furnish all materials except that the material supplied by the City and shall perform all work required to complete Contract No. 3527 in accord with the Plans and Special Provisions, and will take in full payment therefore the following lump sum or unit prices for work, complete in place, to wit: ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE LS Mo ilizlon D,ve ti ze�{� iy i40u.jA -ol� ` Dollars and 2 eta Cents Per Lump Sum LS Traffic Control .SE✓bvey - -nf+�� lob 7,1 4 N-0 Dollars and 7-76-90 Cents Per Lump Sum 3. 3530 SF Cold Mill PCC Pavement (o) Dollars and Cents Per S uare Foot 1P.6 $ I Y $ 7 3, oz�o. er) 1-52- $ .536S. (�,o ITEM QUANTITY ITO-WESCRIPTION AND UNIT qFIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 4. 2000 SF Cold Mill AC Pavement e6fza Dollars and N N! rV& Cents $ 0. 95 $ /9BO. cJC) Per Sq are Foot 5. 1970 SF Remove PCC Curb (a) Fovf- Dollars and Fi Gry Cents $ 4/,5-0 0 Per Square Foot 6. 7300 SF Remove 8 -inch PCC Roadway a) r#oe.ce Dollars and E(&14ry Cents $ 3- J�O $ a ,7, 7V0. a Per Square Foot 7. 1150 SF Remove PCC Driveway Approach Po TW 0 Dollars and C 1G/fr6 -nJ Cents $ P $ .2507.00 Per Square Foot 8. 34,000 SF Remove PCC Sidewalk .(0p Z6 xc o Dollars and 6tCP#fy-Fov,e Cents $ 0 $ 0?8, S60• oU Per Square Foot 9. 550 SF Remove PCC Alley Approach rod %w V Dollars and Fox-ry, Cents $ c;?' L/0 $ /3 -2o.o0 Per Square Foot 10. 250 SF Remove PCC Cross Gutter @ 7—W 0 Dollars and .SIXTY F60f2- Cents $ �• % y $ (0600,0 Per Square Foot ❑3d ITEM QUANTITY ITEWESCRIPTION AND UNIT WIT TOTAL 11. 10,500 SF Remove AC Pavement 0 Nc' Dollars and XT FIve Cents $ G S $ 17, 3.2s-, o o Per Square Foot 12. 6 EA Remove and Replace Curb Drain per CNB Standard -184 -L @ Thin HyaDwo ELftDollars and Z620 Cents $ ?S-0, 0 0 $ / ro • 00 Per Each 13. 12 EA Remove Tree r0ujr� /-k2 MOJL &-7i Dollars and Ze7t c� Cents $ 00, 00 $ Veoo v Per Each 14. 280 Tons Asphalt Concrete OVea AfVIJ AWO TE7fijollars and 2,6xy Cents $//0.00 $ 30, JM0 . o0 Per Ton 15. 1000 Tons Untreated Base (a FlEry Dollars and yc'xy Cents $ .50. 00 $ 5-0000.00 Per Ton 16. 3530 SF Pavement Fabric (Glassgird 8501) (� V 4JC; Dollars and FIFr/ J/X Cents $ Per Square Foot 17. 1050 LF Type "A" Curb and Gutter (Variable Height) @] !,'ePZy S/X Dollars and Zt xo Cents $ $ 27, 300. 00 Per Linear Foot PR- 3 18. 112 LF Type "C Curb and Gutter (7o. Dollars and Zc' Cents $ ��j.oy $ �(o8�•QO Per Linear Foot 19. 575 LF Type "B" Curb (a ) %WCA)Ty TWO Dollars and Cents $ o?CP. 0 0 Per Linear Foot 20. 1000 SF Modified Driveway /Alley Approach (a) E16 HT Dollars and iodT� Cents $ �. S/U $ ON00• 00 Per Square Foot 21. 1 LS Lithocrete CogstrVction Oversight and Administration Dollars and Lev Cents $ /00jDa),W Per Lump Sum 22. 8700 SF Standard PCC Sidewalk (Unstained /Acid Washed) (off Dollars and Cents $ 12.83 $ 111.621.00 Per Square Foot 23. 1500 LF Lithocrete Edge Band @ Dollars and Cents $ 34.00 $ 51.000.00 Per Linear Foot 24. 14,840 SF Type 1 and Type 2 Lithocrete Sidewalk @ Dollars and ** Cents $ 15.47 $ 229.574.80 Per Square Foot * Stipulated Unit Price PR- 4 Ah ITEM QUANTITY ITE ESCRIPTION AND UNIT T TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 18. 112 LF Type "C Curb and Gutter (7o. Dollars and Zc' Cents $ ��j.oy $ �(o8�•QO Per Linear Foot 19. 575 LF Type "B" Curb (a ) %WCA)Ty TWO Dollars and Cents $ o?CP. 0 0 Per Linear Foot 20. 1000 SF Modified Driveway /Alley Approach (a) E16 HT Dollars and iodT� Cents $ �. S/U $ ON00• 00 Per Square Foot 21. 1 LS Lithocrete CogstrVction Oversight and Administration Dollars and Lev Cents $ /00jDa),W Per Lump Sum 22. 8700 SF Standard PCC Sidewalk (Unstained /Acid Washed) (off Dollars and Cents $ 12.83 $ 111.621.00 Per Square Foot 23. 1500 LF Lithocrete Edge Band @ Dollars and Cents $ 34.00 $ 51.000.00 Per Linear Foot 24. 14,840 SF Type 1 and Type 2 Lithocrete Sidewalk @ Dollars and ** Cents $ 15.47 $ 229.574.80 Per Square Foot * Stipulated Unit Price PR- 4 ITEM QUANTITY AND UNIT ITEWESCRIPTION AND UNIT PRICE WRITTEN IN WORDS MPT PRICE TOTAL PRICE 25. 5500 SF Type 6 Lithocrete Sidewalk (a) Dollars and Cents $ 15.47 $ 80,085.00 Per Square Foot 26. 1,600 SF Type 13 Lithocrete Sidewalk Dollars and ** Cents $ 22.40 $ 35,840.00 Per Square Foot 27. 3,700 SF Type 17 Lithocrete Sidewalk @ Dollars and ** Cents $ 22.40 $ 82,880.00 Per Square Foot 28. 3,500 SF Type 18 Lithocrete Sidewalk (a ) Dollars and Cents $ 22.40 $ 78,400.00 Per Square Foot 29. 1,550 SF Type 19 Lithocrete Sidewalk Dollars and ** Cents $ 22.40 $ 34,720.00 Per Square Foot 30. 13 EA Lithocrete Sea Shell Pattern Dollars and ** Cents $ 2.769.00 $ 35.997.00 Per Each 31. 7 EA Lithocrete Access Ramp @ Dollars and ** Cents $ 1.780.00 $ 12.460.00 Per Each "Stipulated Unit Prices PR- 5 ITEM QUANTITY ITEWESCRIPTION AND UNIT WT TOTAL 32. 1,300 SF Type 9 Lithocrete Pavement Cad Dollars and Cents $ 17.90 Per Square Foot 33. Type 10 LitheeFete Pavement (Deleted) �a Dollars and Cents Per Square Foot 34. 11,300 SF Type 11 and 12 Lithocrete Pavement @ Dollars and *" Cents $ 19.57 Per Square Foot 35. 700 SF Type 14 Lithocrete Pavement (a) Dollars and '• Cents $ 22.40 Per Square Foot 36. 700 SF Type 20 Lithocrete Pavement @ Dollars and Cents $ 22.40 Per Square Foot 37. EA LitheGFete Step BaF- (Deleted) 6D Dollars and Cents Per Each 38. EA (Deleted) Po Dollars and Cents Per Each " Stipulated Unit Prices ❑G3: $ 23.270.00 $ 221,141.00 $ 15.680.00 $ 15.680.00 39. EA , tithe pete D'Fe . «• „ A.FeW (Deleted) (off Dollars and Cents Per Each 40. EA , Ithe.Fete GenteF''^^ S'^^° (Deleted) (7a Dollars and Cents Per Each 41. 720 SF Cross Gutter (o N / Aycr Dollars and Cents $ 17.00 $ (p `pfd - 0 O Per Square Foot 42. 12 EA Remove Existing Parking Meter Post Sc) S/ a'Ty Dollars and Zc --.c -O Cents $ 60.0d $ %20 . 0 0 Per Each 43. 14 EA Parking Meter Post rHiery (a) n4J kAkV&U ollars and Z_ f_—X_0 Cents $ ,130 , oo $ 230.00 Per Each 44. 51 EA Concrete Wheel Stops @T6&7JrY J/K Dollars and KV Cents $076 •oo $ 3a6 do Per Each 45. 1 EA Sewer Lateral Connection ©n/ f 7' 400,9 Np @ -5-/)( 14-uvG.V Dollars and Z C`XO Cents $A000,0 $ /600- 0 Per Each .0:37 ITEM QUANTITY AND UNIT IT ESCRIPTION AND UNIT PRICE WRITTEN IN WORDS T PRICE TOTAL PRICE 39. EA , tithe pete D'Fe . «• „ A.FeW (Deleted) (off Dollars and Cents Per Each 40. EA , Ithe.Fete GenteF''^^ S'^^° (Deleted) (7a Dollars and Cents Per Each 41. 720 SF Cross Gutter (o N / Aycr Dollars and Cents $ 17.00 $ (p `pfd - 0 O Per Square Foot 42. 12 EA Remove Existing Parking Meter Post Sc) S/ a'Ty Dollars and Zc --.c -O Cents $ 60.0d $ %20 . 0 0 Per Each 43. 14 EA Parking Meter Post rHiery (a) n4J kAkV&U ollars and Z_ f_—X_0 Cents $ ,130 , oo $ 230.00 Per Each 44. 51 EA Concrete Wheel Stops @T6&7JrY J/K Dollars and KV Cents $076 •oo $ 3a6 do Per Each 45. 1 EA Sewer Lateral Connection ©n/ f 7' 400,9 Np @ -5-/)( 14-uvG.V Dollars and Z C`XO Cents $A000,0 $ /600- 0 Per Each .0:37 ITEM QUANTITY ITIAMESCRIPTION AND UNIT IFIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 46. 22 LF 6 -Inch Sewer Lateral 7-600 (� ,c/a,u r o ruC Dollars and Lc 4ci Cents $o?Os • 0 o $ X141-10. ao Per Linear Foot 47. 74 LF Remove and Replace 4 -inch Sewer Lateral (cD7 XoNuuat&T TWd Dollars Z and L�o Cents $ o v $ l q,9S/l. 00 Per Each 48. 4 EA Sewer Lateral Cleanout 7-# (Cp Dollars and Z&,x0 Cents $ 370 —.0 U $ /c/�0• U0 Per Each 49. 5 EA Adjust Sewer Manhole to Grade F /ve- H�ti0JI&D (a ) F (`ry Dollars and Z6X_0 Cents $ S'T_o • 00 $ a7S-0. 0U Per Each 50. 1 EA 6 -Inch Water Main Hot Tap For-rYoNd @ 44WND"D Dollars and 2t,)LO Cents $4//00.0 $ q/00- Per Each 51. 595 LF 6 -Inch PVC Water Line ONu (a) 14vNDP6V TN' //«beuDollars and Ze!S _0 Cents $ 113,00 (ate air 00 Per Linear Foot 52. 5 EA 6 -Inch Gate Valve Sieve'A1 HU"ff-ef0 an.TYXDe F/Vk� Dollars and 2 c��to Cents $ 73S,U U $ 2(o 7T 11 0 Per Each W; 53. 3 EA Remove & Replace 2 -inch Water Service ITEM QUANTITY IT ESCRIPTION AND UNIT IT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 53. 3 EA Remove & Replace 2 -inch Water Service C /G/rT'6yN (a) AuuDx6ro Dollars and Zarw-o Cents $ l e00 .00 $ 57VO0- o0 Per Each 54. 21 EA Remove & Replace 1 -Inch Water Service FiuG 14-0N0x&r> (a) F /Grp Dollars and Z L"r.o Cents $S-3-0-00 $ 11'f-5-0.00 Per Each 55. 2 EA 2 -Inch Water Service (o Dollars and Z &W-0 Cents $ 00.00 $ 3--100-00 Per Each 56. 1 EA 4 -Inch Water Service Connection (%/ Co hf T R A1VA101te_--P Dollars and Lea Cents $ S-0p • 00 $ S-00.00 Per Each 57. 1 EA 2 -Inch Backflow Assembly F)V(r Hu"PjeLr6 F/GTy Dollars and Z &?erj Cents $ S"Sa • O0 $ _57ro - 00 Per Each 58, 1 LS Pressure Test, Disinfect and Flush Water Main @5067-� MV,004SV Dollars and Ze/ZU Cents $ 00'00 Per Lump Sum 59. 1 LS Temporary Water Main Bypass 7-we7u7y r/X (o) / -k-NWX&D Dollars and Zc -M o Cents $02600'00 $0(060.00 Per Linear Foot Kwo ITEM QUANTITY ITEWESCRIPTION AND UNIT SIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE .� 61 62. 1500 SF Water Main Trench Pavement Replacement f�1 EA Pa- N /Ae� Dollars and Cents Per Square Foot Traffic Signal Modification (Main /Balboa) (a Sil�ti/l t Dollars and zf°Lc/ Cents Per Each Stainless Steel Myers Cabinet and Foundation (Controller) glen 65& k i , ollars and ZP2U Cents Per Each 9's-0 63. 15 EA Furnish and install 10 -ft concrete standard (Ameron - Delphi 22CT10513) with 50 watt/240 volt HPS type III prismatic acorn luminaire w /photoelectric cell, and enclosed ballast. Including double fuse holder w/5 AMP fuses in adjacent pullbox; install on new foundation at location; in accordance with construction plans, complete. a" Dollars and _:�Pwk—) Cents $ OU Per Each $ /yas-a.00 $ l� �% -6 f- I "'boo � CA $ 3 7MUC) 64. 31 EA Furnish and install 14 -ft concrete standard (Ameron- Aegean 21 CT13513) with 50- watt/240 or 100- watt/240 -volt HPS type III prismatic acorn luminaire w /photoelectric cell, and enclosed ballast. Including double fuse holder w/5 -AMP fuses in adjacent pullbox; install on new foundation at location; in accordance with construction plans, complete. 0&- A`44 Dollars 2r[1/ and Cents Per Each PR- 10 ITEM QUANTITY ITEWESCRIPTION AND UNIT IFIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 65. 1 EA Furnish and install 26 -ft concrete standard with single bracket arm with 200- watt/240 -volt HPS cutoff luminaire w /photoelectric cell receptacle, charcoal filtered optical assembly, type III distribution. Including double fuse holder w/5 AMP fuses in adjacent pull box, install on new foundation and location in accordance with construction plans, complete. (W iwwA5y ,,,4aLDollars and C Cents $ %) cc) Per Each 66. 1 EA Furnish and install 26 -ft concrete standard with dual bracket arm with 200- watt/240 -volt HPS cutoff luminaire w /photoelectric cell receptacle, charcoal filtered optical assembly, type III distribution. Including two double fuse holders w/5 -AMP fuses in adjacent pullbox, install on new foundation and location in accordance with construction plans, complete. $ ozbo``)e' @_-)� f j&/'l4•/4,Dollars and Cents $ $; Per Each 67. 310 LF Furnish and install 4 -Inch Electric Conduit (with pull rope) @ Dollars and ze�J Cents Per Linear Foot 68. 170 LF Furnish and install 2- 4-inch PVC (Sch 40) Conduit with pull rope. ca) Dollars and =Za/y Cents $ l "00 $ /�J/�` dy Per Linear Foot 69, 270 LF Furnish and install 2 -Inch Street Lighting Conduit 0-) ' £ 7 Dollars and Cents $ $ Per Linear Foot PR- 11 70. 3405 LF Furnish and install 1Y< -Inch Street Lighting Conduit Dollars and Cents $ 1 ,vim $ 17"694 -ou Per Linear Foot 71. 1 LS Furnish and install conductors for street lighting, including installation of pull rope, removal and termination of conductors where indicated on the construction plans. (a)S /ycearlhos Dollars and �r2 Cents $ %6/ -coo . Co Per Lump Sum 72. 66 EA Street Light Pull Bo es, Covers, and Extensions a) F�11 Dollars and Zed Cents $ a'2� <C�(] $ ()r Per Each 73. 1 EA Remove Existing Service Cabinet and Foundation (a) �� 2 4t,d,�J Dollars and Zea.0 Cents $ qU0'`� $ WozP0 Per Each 74. 1 EA Install existing standard on new foundation with 70- watt/240 -Volt HPS cutoff luminaire with enclosed regulator type ballast, photoelectric cell receptacle, charcoal filtered optical assembly, type III distribution. Include double fuse holder w/5 -AMP fuses in adjacent pullbox, Foundation in accordance with construction plans, complete. (oT%unriit 0�­' /q"uJWdDollars and z4W Cents $ 2�Go,cx� $ �o0,CV Per Each 75. 10 EA Furnish and install new luminaire on existing standard, including angle drill of foundation on conversion to 240 -Volt system, complete. �o Dollars and Cents $ /Joo' c)D $ /p /66r, C)J Per Each PR- 12 ITEM QUANTITY IT ESCRIPTION AND UNIT IT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 70. 3405 LF Furnish and install 1Y< -Inch Street Lighting Conduit Dollars and Cents $ 1 ,vim $ 17"694 -ou Per Linear Foot 71. 1 LS Furnish and install conductors for street lighting, including installation of pull rope, removal and termination of conductors where indicated on the construction plans. (a)S /ycearlhos Dollars and �r2 Cents $ %6/ -coo . Co Per Lump Sum 72. 66 EA Street Light Pull Bo es, Covers, and Extensions a) F�11 Dollars and Zed Cents $ a'2� <C�(] $ ()r Per Each 73. 1 EA Remove Existing Service Cabinet and Foundation (a) �� 2 4t,d,�J Dollars and Zea.0 Cents $ qU0'`� $ WozP0 Per Each 74. 1 EA Install existing standard on new foundation with 70- watt/240 -Volt HPS cutoff luminaire with enclosed regulator type ballast, photoelectric cell receptacle, charcoal filtered optical assembly, type III distribution. Include double fuse holder w/5 -AMP fuses in adjacent pullbox, Foundation in accordance with construction plans, complete. (oT%unriit 0�­' /q"uJWdDollars and z4W Cents $ 2�Go,cx� $ �o0,CV Per Each 75. 10 EA Furnish and install new luminaire on existing standard, including angle drill of foundation on conversion to 240 -Volt system, complete. �o Dollars and Cents $ /Joo' c)D $ /p /66r, C)J Per Each PR- 12 ITEM QUANTITY ITEWESCRIPTION AND UNIT WIT TOTAL 76. 27 EA Remove streetlight pole and foundation. (a) Dollars and = f!-t-� Cents $ C Per Each 77. 750 SF Street Light Trench Pavement. (Asphalt) Dollars and Cents $ /O•&X2 Per Square Foot 78. 3000 SF Street Light Trench Pavement. (Concrete) @ /SC Dollars and Cents $ 6.Ud Per Square Foot 79. 1 EA Install striping per Detail 9. 7 wo 13uuOX&D 0) 7,4 /,e T J/X Dollars and 2 c`.W Cents $ 0936.00 Per Each 80. 10 EA 81. 105 LF 82. 170 LF Install 4-Inch x 50 -foot solid white stripe. {o7,_7i.4wjX S/Y Dollars and zle- a Cents $ 024,00 Per Each Install 8 -Inch solid white stripe (Detail 38). an Z e'x-o Dollars and Si ury TI/Rt'- Cents $ O, 63 Per Linear Foot Install double yellow striping (Detail 22). (a Zcx-O Dollars and - r6V45V'-y Font- Cents $ 0,7q Per Linear Foot PR- 13 $ b0. D o $ 2500, 0_0 $ a36•oo $ eD60.00 $ 6(0,/f- $ ias. 9v 83. 140 LF Install 12 -Inch crosswalk striping. @ T(.Io Dollars $ o%• 6 O $ 6 q. o 0 and J / XT S/ Cents Per Each 84. 850 LF Install 4 -inch skip yellow centerline (Detail 1). Dollars and P Cents $ O , Sd $ Fr w • O O 85. 286 LF Install 4 -Inch skip white center line. Dollars and F/FTV 7_64-)0 Cents $ 0,5--0- $ Hay, 7 Per Linear Foot 86. 90 LF Install 12 -Inch white limit line. (a? 7-Wd Dollars and S /)(TV Cents $ 07,(00 $ Q3V.00 Per Linear Foot 87. 16 EA Install 4 -Inch parking stall marking. 0 --T Two Dollars and Z a-x-U Cents $ Y P. 0 0 $ 6 7a, 0 y Per Each 88. 36 EA Install pavement legend. 0AJ c14VAJDXEr F i ✓,0 Dollars and Z &-xo Cents $ f0.% 0 0 $ 3 7k0. Oct Per Each 89. 1 LS Remove pavement markings. .J /Y 7—HOUSAAJ7 (a ) OAAEr 140UDR"o Dollars and Zt/Ro Cents $G /00.00 $(„/00.00 Per Lump Sum PR- 14 ITEM QUANTITY AND UNIT IT ESCRIPTION AND UNIT PRICE WRITTEN IN WORDS 1181T PRICE TOTAL PRICE 83. 140 LF Install 12 -Inch crosswalk striping. @ T(.Io Dollars $ o%• 6 O $ 6 q. o 0 and J / XT S/ Cents Per Each 84. 850 LF Install 4 -inch skip yellow centerline (Detail 1). Dollars and P Cents $ O , Sd $ Fr w • O O 85. 286 LF Install 4 -Inch skip white center line. Dollars and F/FTV 7_64-)0 Cents $ 0,5--0- $ Hay, 7 Per Linear Foot 86. 90 LF Install 12 -Inch white limit line. (a? 7-Wd Dollars and S /)(TV Cents $ 07,(00 $ Q3V.00 Per Linear Foot 87. 16 EA Install 4 -Inch parking stall marking. 0 --T Two Dollars and Z a-x-U Cents $ Y P. 0 0 $ 6 7a, 0 y Per Each 88. 36 EA Install pavement legend. 0AJ c14VAJDXEr F i ✓,0 Dollars and Z &-xo Cents $ f0.% 0 0 $ 3 7k0. Oct Per Each 89. 1 LS Remove pavement markings. .J /Y 7—HOUSAAJ7 (a ) OAAEr 140UDR"o Dollars and Zt/Ro Cents $G /00.00 $(„/00.00 Per Lump Sum PR- 14 ITEM QUANTITY ITEWESCRIPTION AND UNIT 'SIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 90. 44 EA Relocate sign. (a )0Ve'11eAA ce9 Dollars and Zoo Cents $ /DO yo $ q f/00 • C)o PR- 15 Per Each 91. 9 EA Remove street sign %fHtirySe ✓e"� Dollars $ 37.00 $ 333,(D and Z Cam- a Cents Per Each 92. 28 EA Type D pavement marker. @ S/ X Dollars and HIR -7-y Cents $ • 3o $ / 76 • VO Per Each 93. 24 EA Type G pavement marker. (o S/ 1C Dollars and /t /t -r-f/ Cents $ (a .3 U $ /S_/1-A-0 Per Each 94. 50 LF Paint white curb (a %w O Dollars and %G ti Cents $ /or. 0 0 Per Linear Foot 95. 14 EA Meandering Wall Pilaster @e{YC�er 1�k Dollars and Zt Cents $ q10D ° C) dy $ / cf) Per Each 96. 640 LF Meandering Wall Dollars and Cents $ 30 oy $ %%co Per Linear Foot PR- 15 ITEM QUANTITY IT11WESCRIPTION AND UNIT WIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 97. 18 EA Concrete Bench (4 -foot) 7 i i-JA'r &try /y )AIDAV'4 Ca) G /Fry! Dollars and a&-" Cents $ 3/ f6 . o ° $ 13ra. 00 Per Each 98. 6 EA Concrete Pole for Hanging Basket ( JT77 nPoP7t�i� 3 Dollars and Cents $ Z�0 0 $ /3 ,w Per Each 99. 20 EA Concrete Trash Receptacle (40 gal) N/v 0 /-/vAxWr) rdexffy Dollars and 2xxo Cents $ 9a0.00 $_L4 V00.00 Per Each 100. 16 EA Metal Trash Receptacle (32- Gallon) 7Z,U""d" (a7 llylouo,"�0 Dollars and ZOO Cents $ /00.00 $ 1.3.00.00 Per Each 101. 2 EA Newspaper Rack a- AA/ A04&0 Dollars and 2-u- o Cents $ /V00•00 $ 2FOO•a0 Per Each 102. 2 EA Round Ash Urn (a) &-7Gff7-y Dollars and 21G/w C nts $,5w -00 $ / /G0.00 Per Each 103. 44 EA Pottery S/ X /�lu�uDteD @ N 1N6FLy Dollars and Cents $ 0 - 00 $ 26 0• o0 Per Each PR- 16 ITEM QUANTITY ITI�WESCRIPTION AND UNIT WIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 104. 44 EA Jardinier Unit 1 with Soil PR- 17 Dollars and Cents $ 10 Per Each 105. 176 EA 4 -Inch Pot (cD O N Dollars and Z�Gc7 Cents $ UD $ l 6•DO Per Each 106. 1 EA Irrigation Controller and Stainless Steel Enclosure gk±4 uA414 Dollars and �t°2cJ Cents $ UG Per Each 107. 1 LS Oceanfront Irrigation System (a Dollars and Cents Per Lump Sum 108. 1 LS Palm Street Irrigation System Dollars and Cents $ 700, � Per Lump Sum 109. 1 LS Washington Street Irrigation System Dollars and Cents $ oo Per Lump Sum 110. 1 LS Main Street (South) Irrigation System Ca? Dollars and Cents Per Lump Sum PR- 17 ITEM QUANTITY ITEWESCRIPTION AND UNIT WIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 111. 1 LS Main Street (North) Irrigation System Ca) Dollars and Cents $ D60- 60 Per Lump Sum 112. 7,300 SF Fine Grading /Soil Preparation (a <�y Dollars 5 and $ , � $ to 00 Per Squ re root 113. 1,340 SF Sodded Turf ash Dollars r and � D✓ v�, Cents $ Pe Sq are Foot 114. 540 SF Mulch 2- Inches Deep (Shrub Areas) Ca) '7�✓�� Dollars and L,V& Cents $ . Z/� $ Per Sq are Foot 115. 44 EA 25 -Foot BTH Palms (Washingtonia Robusta) Dollars and Cents $ 4/00.00 Per Each 116. 13 EA 15 -Foot BT Palms (Washingtonia Robusta) Dollars and J Cents $ 72D.eo $ Z�I� Per Each 117. 24 EA 12 -Foot BT Palms (King Palms) Cad Dollars and Cents $ J w j0 $ 7 Per Each PR- 18 118. 1,244 EA 5- Gallon Shrub C� ITEM QUANTITY AND UNIT IT ESCRIPTION AND UNIT PRICE WRITTEN IN WORDS IT PRICE TOTAL PRICE 118. 1,244 EA 5- Gallon Shrub PR- 19 C� Dollars and Cents $ %�y $ Z ,0 Per Each 119. 468 EA 1- Gallon Shrub (a) Dollars and Cents $ S, 5� $ �s'%5� ob Per Each 120. 52 EA 5- Gallon Vine Co? Dollars and Cents $ Il>Qo2�' Per Each 121. 46 EA 5- Gallon Succulent Shrub Dollars and Cents � $ -) , AD Per Each 122. 60 EA 1- Gallon Succulent Shrub @ Dollars and Cents $ 6 6 $ 3�•Uy Per Each 123. 13 EA Palm Tree Trellis @ Dollars and Cents $ jj�do p $ �SS3 Per Each 124. 13 EA Palm Tree Uplight Dollars and Cents $ / &460 Per Each PR- 19 125. 42,800 SF Sidewalk and Pavement Sealant 0 A16 Dollars and S /Xa e /GrlT Cents $ 6d $ %/, 90 54 O0 Per Square Foot 126. 1 LS 90 -Day Landscape Maintenance Period (a) Dollars and Cents Per Lump Sum 127. 1 LS Project Surveying 7we-;;ur -y ri�tous.4A, in Dollars and Z&rx y Cents $,*70) 000 -00 Per Lump Sum TOTAL PRICE IN WRITTEN WORDS And ov mod/ Cents 29, 2002 Date 909/273 -9600 909/273 -9608 Bidder's Telephone and Fax Numbers 471664 A Bidder's License No(s). And Classifications(s) $ 8 yo" g99 q 7 Total Price (Figures) HILLCREST CONTRACTING, INC. Bidder Bidder's Authorized Signature and Title. GLENN J. SALSBURY, PRESIDENT Bidder's Address Corona, CA 92879 -1668 F:\USERSIPBMShared\Balboa Village Phase 2 C- 3527TCONTRACT DOCUMENTS - C -3527 PHASE 2\PROPOSAL- C- 3527.doc F '� f ITEM QUANTITY AND UNIT IT&GESCRIPTION AND UNIT PRICE WRITTEN IN WORDS IT PRICE TOTAL PRICE 125. 42,800 SF Sidewalk and Pavement Sealant 0 A16 Dollars and S /Xa e /GrlT Cents $ 6d $ %/, 90 54 O0 Per Square Foot 126. 1 LS 90 -Day Landscape Maintenance Period (a) Dollars and Cents Per Lump Sum 127. 1 LS Project Surveying 7we-;;ur -y ri�tous.4A, in Dollars and Z&rx y Cents $,*70) 000 -00 Per Lump Sum TOTAL PRICE IN WRITTEN WORDS And ov mod/ Cents 29, 2002 Date 909/273 -9600 909/273 -9608 Bidder's Telephone and Fax Numbers 471664 A Bidder's License No(s). And Classifications(s) $ 8 yo" g99 q 7 Total Price (Figures) HILLCREST CONTRACTING, INC. Bidder Bidder's Authorized Signature and Title. GLENN J. SALSBURY, PRESIDENT Bidder's Address Corona, CA 92879 -1668 F:\USERSIPBMShared\Balboa Village Phase 2 C- 3527TCONTRACT DOCUMENTS - C -3527 PHASE 2\PROPOSAL- C- 3527.doc F '� f 0 0 1 1 1 1 1 2 2 2 3 3 3 3 3 3 4 4 4 4 4 4 4 4 PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS BALBOA VILLAGE IMPROVEMENT PHASE 2 CONTRACT NO. 3527 INTRODUCTION PART 1--- GENERAL PROVISIONS SECTION 2 SCOPE AND CONTROL OF THE WORK 2 -3 SUBCONTRACTORS 2 -3.1 General 2 -5 PLANS AND SPECIFICATIONS 2 -5.3 Shop Drawings and Submittals 2 -5.3.2 Shop Drawings 2 -6 WORK TO BE DONE 2 -9 SURVEYING 2 -9.1 Permanent Survey Markers 2 -9.2 Survey Service 2 -9.6 Survey Monuments 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 PROTECTON 5-7 ADJUSTMENTS TO GRADE 5-8 SALVAGED MATERIALS 1 1 1 1 1 2 2 2 3 3 3 3 3 3 4 4 4 4 4 4 4 4 SECTION 6 s • PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 5 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF THE WORK 5 6-7 TIME OF COMPLETION 8 6 -7.1 General 8 6 -7.2 Working Days 8 6 -7.4 Working Hours 8 6-9 LIQUIDATED DAMAGES 8 SECTION 7 RESPONSIBILITIES OF THE CONTRACTOR 9 7 -5 PERMITS 9 7 -7 COOPERATION AND COLLATERAL WORK 9 7 -8 PROJECT SITE MAINTENANCE 10 7 -8.5 Temporary Light, Power and Water 10 7 -8.6.1 Storm Water Pollution Prevention and Monitoring (SWPPP) 10 7 -8.6 Water Pollution Control 11 7 -8.8 Steel Plates 11 7 -9 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS 11 7 -10 PUBLIC CONVENIENCE AND SAFETY 11 7 -10.1 Traffic and Access 11 7 -10.2 Storage of Equipment and Materials in Public Streets 12 7 -10.3 Street Closures, Detours, Barricades 12 7 -10.4 Public Safety 13 7- 10.4.1 Safety Orders 13 7 -10.5 "No Parking" Signs 14 7 -10.6 Notice to Residents and Temp Parking Permits 14 7 -15 CONTRACTOR LICENSES 14 7 -16 CONTRACTOR'S RECORDS /AS BUILT DRAWINGS 14 7 -17 TEMPORARY WATER MAIN BYPASS 15 SECTION 8 FACILITIES FOR AGENCY PERSONNEL 15 8 -1 General 15 SECTION 9 MEASUREMENT AND PAYMENT 15 • s 9 -3 PAYMENT 15 9 -3.1 General 15 9-4 STIPULATED CONTRACT UNIT PRICES 16 9 -5 BID ITEM DESCRIPTIONS 16 9 -3.2 Partial and Final Payment 25 PART 2 - -- CONSTRUCTION MATERIALS SECTION 207 PIPE 25 207 -9 IRON PIPE AND FITTINGS 25 207 -9.2 Ductile Iron Pipe for Water and Other Liquids 25 207 -9.2.2 Pipe Joints 25 207 -9.3 Fittings 26 207 -9.2.4 Lining and Coating 26 207 -9.2.6 Polyethylene Encasement for External Corrosion Protection 26 207 -9.4 AWWA Butterfly Valves 26 207 -9.4.1 General 26 SECTUIB 213 ENGINEERING FABRICS 27 213 -1.1 General 27 SECTION 214 PAVEMENT MARKERS 27 214-4 NONREFLECTIVE PAVEMENT MARKERS 27 214-5 REFLECTIVE PAVEMENT MARKERS 27 PART 3 -- CONSTRUCTION METHODS SECTION 300 EARTHWORK 28 300 -1 CLEARING AND GRUBBING 28 300 -1.3 Removal and Disposal of Materials 28 300 -1.3.1 General 28 300 -1.3.2 Requirements 28 300 -1.5 Solid Waste Diversion 28 SECTION 301 TREATED SOIL, SUBGRADE PREPARATION, AND PLACEMENT OF BASE MATERIALS 29 301 -2 UNTREATED BASE 29 301 -2.1 General 29 0 SECTION 302 ROADWAY SURFACING 29 302 -5 ASPHALT CONCRETE PAVEMENT 29 302 -5.1 General 29 305 -5.2 Cold Milling Asphalt Concrete Pavement 29 305 -5.4 Tack Coat 29 302 -6 PORTLAND CEMENT CONCRETE PAVEMENT 29 302 -6.6 Curing 29 302.7 PAVEMENT FABRIC 29 302 -7.2 Placement 29 SECTION 303 CONCRETE AND MASONRY CONSTRUCTION 30 303 -5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 30 303 -5.4 Joints 30 303 -5.4.1 General 30 303 -5.5 Finishing 30 303 -5.5.2 Curb 30 303 -5.5.4 Gutter 30 303 -5.5.5 Free From Architectural Finishes 30 SECTION 306 UNDERGROUND CONDUIT CONSTRUCTION 30 306-1 OPEN TRENCH OPERATIONS 30 306 -1.1.1 General 31 306 -1.1.2 Maximum Length of Open Trench 31 306 -1.1.3 Maximum Width of Open Trench 31 306 -1.1.6 Bracing Excavations 31 306 -1.2.2 Pipe Laying 31 306 -1.3 Backfill and Densification 31 306 -1.3.1 General 31 SECTION 310 PAINTING 31 310 -5 PAINTING VARIOUS SURFACES 31 310 -5.6 Painting Traffic Striping, Pavement Markings, and Curb Markings 31 310 -5.6.7 Layout, Alignment and Spotting 31 310 -5.6.8 Application of Paint 32 SECTION 312 PAVEMENT MARKER PLACEMENT AND REMOVAL 32 312 -1 PLACEMENT 32 • , SP 1 OF 32 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS BALBOA VILLAGE IMPROVEMENTS PHASE 2 CONTRACT NO. 3527 INTRODUCTION All work necessary for the completion of this contract shall be done in accord with (1) these Special Provisions; (2) the Plans; (3) the City's Standard Special Provisions and Standard Drawings for Public Works Construction, (1997 edition), including Supplements; (4) Standard Specifications for Public Works Construction (2000 edition), including supplements. Copies of the Standard Special Provisions and Standard Drawings may be purchased at the Public Works Department. Copies of the Standard Specifications may be purchased from Building News, Inc., 1612 South Clementine Street, Anaheim, CA 92802, 714 - 517 -0970. The following Special Provisions supplement or modify the Standard Specifications for Public Works Construction as referenced and stated hereinafter: PART 1 GENERAL PROVISIONS SECTION 2- -SCOPE AND CONTROL OF THE WORK 2 -3 SUBCONTRACTORS 2 -3.1 General. Add to this section: "The following items are hereby designated 'Special Items' for the purpose of determining the amount of work to be performed by the Contractor: i) Bid Items Nos. 22- 31 .............. ............................... Lithocrete Sidewalk ii) Bid Items Nos. 32- 39 .............. ............................... Lithocrete Pavement 2 -5 PLANS AND SPECIFICATIONS 2 -5.3 Shop Drawings and Submittals 2 -5.3.2 Shop Drawings. Add to this section: "The Contractor's shop drawings shall include, but not be limited to, electrical service layout, shoring, wiring diagrams, Lithocrete samples, landscape and irrigation, site furniture, etc." • • SP2OF32 2 -6 WORK TO BE DONE. Add to this section: " "The work necessary for the completion of this contract consists of removing existing sidewalk, curb access ramps, alley approaches, driveway approaches, curb and gutter, and grinding existing roadway; P.C.C. sidewalk, curb access ramps, driveway approaches, alley approaches, curb and gutter; asphalt concrete pavement, traffic striping; installing new water mains and streetlight conduit; landscaping and irrigation, and other incidental items of work. The overall Balboa Village project will be constructed in three separate phases. Phase 1 is complete. The work covered by this project is to be for Phase 2 Construction only. Phase 2 (Beginning Fall 2002) 1. Main Street between Balboa Boulevard and the Balboa Pier Parking Lot Frontage Road. 2. Main Street from Balboa Boulevard to approximately 160 -feet northerly. 3. Washington Street between Balboa Boulevard and the Parking Lot Frontage Road. 4. Palm Street between Balboa Boulevard and Ocean Front. 5. Ocean Front between Adams Street and "A" Street. 6. The parking lot adjacent to the Balboa Inn, Washington Street and Ocean Front. 7. Street Lighting. 8. Landscape and irrigation improvements. 9. Decorative meandering wall. 10. Water main improvements. 11. Appurtenant work. Refer to Section 6 -1 for a more detailed description of the various stages of work. 2 -9 SURVEYING 2 -9.1 Permanent Survey Markers: Delete the first paragraph and add the following: "In accordance with Senate Bill 1563, the Contractor shall file a Comer Record Form referencing survey monuments subject to disturbance in the Office of the County surveyor prior to the start of construction and also prior to the completion of construction for the replacement of survey monuments. The Contractor shall not disturb survey monuments, lot stakes (tagged), or benchmarks without the consent of the Engineer. The Contractor shall bear the expense of replacing any that may be disturbed. Replacement shall be done only by a Registered (licensed) Licensed Land Surveyor or a Registered Civil Engineer authorized to practice land surveying within the State of California. Upon submittal of all comer records to the Orange County Surveyor's Office, Contractor shall submit copies of the same records to the Agency. Contractor shall also submit accepted and filed comer records upon acceptance by the Orange County Surveyor's Office prior to completion of the project. • SP3OF32 2 -9.2 Survey Service: Delete all three paragraphs and insert the following: `The Contractor shall perform and be responsible for the accuracy of surveying performed for the project. All construction surveying and monument preservation and monument replacement surveying necessary to complete the work shown on the plans and provided for in these contract documents and specifications shall be accomplished by or under the direction of a California licensed Land Surveyor or Professional Engineer, with the ability to practice land surveying, retained or provided by the Contractor. The Agency reserves the right to direct additional construction surveys be performed when it feels it is required to adequately construct the work. The name of the land surveying or civil engineering firm proposed by the Contractor to perform all required surveying and staking shall be indicated on the list of subcontractors included as part of the Contractor's bid. Payment for construction surveying and monument preservation and monument replacement shall be per the contract lump sum bid price for Project Surveying and no additional compensation will be allowed therefore." 2 -9.6 Survey Monuments. The Contractor shall, prior to the beginning of work, inspect the project for existing survey monuments and protect them during construction operations. In the event that existing survey monuments are removed or otherwise disturbed during the course of work, the Contractor shall have the affected survey monuments restored per records, at his expense. The Contractor's Engineer or Licensed Surveyor shall also file the required Corner Records with the County of Orange upon monument restoration. 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. • SP4OF32 (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 maximum markup of 5 percent on the subcontracted portion of the extra work may be added by the Contractor. SECTION 4-- CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP 4 -1.3 Inspection Requirements 4 -1.3.4 Inspection and Testing. All material and articles furnished by the Contractor shall be subject to rigid inspection, and no material or article shall be used in the work until it has been inspected and accepted by the Engineer. The Contractor shall furnish the Engineer full information as to the progress of the work in its various parts and shall give the Engineer timely (48 hours minimum) notice of the Contractor's readiness for inspection. The Engineer shall select an independent testing laboratory and pay for all testing as specified in the various sections of the Standard Special Provisions and these Special Provisions. When, in the opinion of the Engineer, additional tests and retesting due to failed tests or inspections are required because of unsatisfactory results in the manner in which the Contractor executed his work, such tests and inspections shall be paid for by the Contractor. SECTION 5 - -- UTILITIES 5 -2 PROTECTION. Add the following: "In the event that an existing pull box or meter cover is damaged by the work and is not re- useable, the Contractor shall provide and install a new pull or meter box or cover of identical type and size at no additional cost to the City." 5 -7 ADJUSTMENTS TO GRADE. The Contractor shall adjust to finish grade City - owned water meter boxes, water valve covers, sewer manholes, sewer cleanouts and survey monuments. The Contractor shall coordinate the adjustment of Southern California Edison, The Gas Company, Pacific Bell and cable television facilities to the finish grade with the appropriate utility company. 5 -8 SALVAGED MATERIALS. The Contractor shall salvage all existing meter or valve box covers, manhole covers, all removed cast iron pipes and fittings, all removed street light poles and luminaires, and all removed fire hydrants. Care shall be exercised to avoid damaging the poles and luminaires as they are removed and transported to the City's Utility Yard. Salvaged materials shall be delivered to the City's Utility Yard at 949 West 16th Street. The Contractor shall make arrangements for the delivery of salvaged materials by contacting Mr. Ed Burt, Utilities Superintendent, at (949) 718 -3402. • ! SP5OF32 The contractor shall remove and salvage City -owned sewer manhole covers and grade rings and City owned water valve cans and covers, and furnish and install new sewer manhole cover and water valve covers prior to finish grade adjustment. Salvaged material shall be delivered to City Utilities Yard. SECTION 6-- PROSECUTION. PROGRESS AND ACCEPTANCE OF THE WORK 6 -1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Add to this section: "Construction of improvements shall not begin until a "Notice to Proceed" has been issued by the Engineer to the Contractor, and a pre - construction meeting has been held. A "Notice to Proceed" will not be issued until the Construction Schedule, the Storm Water Pollution Prevention Plan ( SWPPP) in accordance with Section 7 -8.6.1 of these Special Provisions, the Detailed Traffic Control Plans for Stage 1 in accordance with Section 7 -10.3, and all required contract documents (i.e. bonds, insurance, contract form, etc.) have been submitted to and approved by the Engineer. The Contractor shall submit the fully executed contract documents, the Construction Schedule, the Stage 1 Detailed Traffic Control Plans, and the SWPPP to the Engineer for review and approval within fourteen (14) calendar days after issuance of a "Notice of Contract Award" by the Engineer to the Contractor. The Construction Schedule must be in a critical path method (CPM) format, and shall be updated monthly and be submitted with the Contractor's monthly progress pay request submittal. The Engineer will review the schedule and may require the Contractor to modify the schedule to conform with 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 the original schedule and has demonstrated that he will be able to maintain the 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 of payment of extra work because additional personnel and equipment were required to meet the original schedule. The following requirements shall be incorporated into the construction schedule: 1. All work under this contract, excluding only the 90 -Day Landscape Maintenance Period, shall be completed within 170 consecutive working days commencing the first day specified in the Notice to Proceed. No work shall be allowed prior to September 9, 2002. 2. The Construction Schedule shall include adequate windows of time to allow utility relocations and /or work by others within the limits of work (see Section 7 -7, Cooperation and Collateral Work). • • SP6OF32 3. No work shall be allowed during the Newport Beach Boat Parade (December 18 through December 22, 2002), unless, otherwise approved by the Engineer. 4. Construction shall be staged in conformance with the Traffic Control Plan. Each stage shall be substantially completed to the satisfaction of the Engineer before commencing with the next stage. The Stages are generally described as follows: STAGE 1 (September 9' — December 17' A) West side of Palm Street between Balboa Boulevard and Oceanfront B) Oceanfront between Adams Street and Palm Street(500 Block) C) West half of Palm Street/Oceanfront crosswalk D) East side of Main Street southerly of Balboa Boulevard E) Oceanfront between Main Street and A Street(800 Block) F) East half of Main Street/Oceanfront crosswalk G) Underground utilities in Main Street south of Balboa Blvd , including those portions which fall within the west half of Main Street southerly of Balboa Blvd. H) All street lighting work outside the limits of Stage 2 and Stage 3 STAGE 2 (January 2nd to April 4" ) A) East side of Palm Street between Balboa Boulevard and Oceanfront B) Oceanfront between Palm Street and Washington Street (600 Block) C) East half of Palm Street/Oceanfront crosswalk D) West side of Main Street southerly of Balboa Boulevard E) West half of Main Street/Oceanfront crosswalk F) Main Street north of Balboa Blvd. STAGE 3 (March 25' to May 24th) A) Washington Street between Balboa Boulevard and Frontage Road B) Oceanfront between Washington St and Main Street (700 Block) C) Washington Street/Oceanfront crosswalk D) Water main installation in Alleys 256 -T and 256 -U E) All landscape work not completed in Stages 1 or 2 F) All site furniture installation not completed in Stages 1 or 2 In addition, to the aforementioned, the Construction Schedule shall incorporate the following additional requirements: • ` SP7OF32 1) Once begun, all street lighting work outside the limits of Stages 2 and 3, including permanent resurfacing of trenches, must be completed in 25 consecutive working days. Failure to comply with this requirement shall be cause for liquidated damages to be assessed AT $1,000 per day. 2) Stage 1 shall be substantially completed by December 6. 2002, barring inclement weather delays. Substantial completion shall include all work shown on the drawings, excluding the following: a) planting of shrubs and groundcover b) installation of site furniture c) 90 -day landscape maintenance period d) minor and incidental work as approved by the Engineer Failure to substantially complete Stage 1 by December 17, 2002, shall be cause for liquidated damages to be assessed at $1000 per day. 3) Work on Main Street northerly of Balboa Boulevard shall start no earlier than January 2, 2003, and shall be substantially completed by April 4, 2003. Substantial completion shall be as defined in Item 2 above. 4) Work on the westerly half of Main Street, southerly of Balboa Boulevard including the Oceanfront crosswalk shall be started no earlier than January 2, 2003, and shall be substantially completed by March 21, 2003. Substantial completion shall be as defined in Item 2 above. 5) No work on Washington Street shall begin until Item 4 above has been substantially completed to the satisfaction of the Engineer. Other items of work within Stage 3 may begin prior to completion of Item 4, if allowed by the Engineer. 6) Item 3 above may be 'overlapped" into Stage 3 construction, if approved by the Engineer. 7) The portions of the water main installation within Main Street and Palm Street (including under new alley approaches) shall be completed in Stage 1. The balance of the water main installation shall be done in Stage 3. Water main installations in Alley 256 -T and 256 -U shall be done sequentially. The contractor may begin in either alley, but must complete the installation to the satisfaction of the Engineer before proceeding to the remaining alley. • ` SP8OF32 6 -7 TIME OF COMPLETION 6 -7.1 General. Add to this section: "It will be the Contractor's responsibility to ensure the availability of all material prior to the start of work. Unavailability of material will not be sufficient reason to grant the Contractor an extension of time for 100 percent completion of work." 6 -7.2 Working Days. Revise 3) to read: "any City holiday, defined as January 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), December 24`h (Christmas Eve), December 25th (Christmas) and December 31 s`, (New Year's Eve). 6 -7.4 Working Hours. Normal working hours are limited to 8:00 a.m. to 4:30 p.m. Monday through Friday, unless otherwise permitted by the Engineer. Should the Contractor elect to work outside normal working hours, he must first obtain special permission from the Engineer. The request may be for 7:00 p.m. to 1:00 a.m. on weekdays or 8:00 a.m. to 6 p.m. on Saturday only. A request for working during any of these hours must be made at least 72 hours in advance of the desired time period. A separate request must be made for each work shift. The Engineer reserves the right to deny any or all such requests. Additionally, the Contractor shall pay for supplemental inspection costs of $100 per hour for inspectors and $145 per hour for the Engineer when such time periods are approved. For those locations where night work would facilitate the construction and minimize the disruption to the community the following requirements would apply: A. Night work hours shall be considered to be from 7:00 p.m. to 1 a.m. Monday through Friday. B. The Contractor will be allowed to work a maximum of 2 nights at each location. C. The Engineer must approve all requests for night work. D. The Contractor shall notify the Engineer two weeks prior to the start of work. 6 -9 LIQUIDATED DAMAGES. Revise sentence three to read: "For each consecutive calendar day after the time specified in Section 6 -1 for completion of the work, the Contractor shall pay to the City or have withheld from moneys due it, the daily sum of $1000. Revise paragraph two, sentence one, to read: "Execution of the Contract shall constitute agreement by the Agency and Contractor that $1000 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. • • SP9OF32 The intent of this section is to emphasize to the Contractor the importance of prosecuting the work in an orderly preplanned continuous sequence so as to minimize inconvenience to residences, businesses, vehicular and pedestrian traffic, and the public as a result of construction operations." SECTION 7--- RESPONSIBILITIES OF THE CONTRACTOR 7 -5 PERMITS. Add to this section: "The City has obtained the following permits for this project: 1) California Coastal Commission Coastal Development Permit covering the entire project. 2) California Regional Water Quality Control Board Permit to discharge groundwater generated by construction operations." Copies are available for review at the Public Works Department. The requirements of these permits are incorporated into and are a part of these Special Provisions. The Contractor shall comply with all requirements of these permits. The City will be responsible for fulfilling the "prior to issuance" special conditions for the Coastal Development Permit. Payment for permit compliance shall be included in the Contractor's overall bid and no additional compensation will be allowed therefore." 7 -7 COOPERATION AND COLLATERAL WORK. Add to this section, "There are several projects within and adjacent to the limits of work which are scheduled to take place during the contract period, including the following: 1. Renovation of the Balboa Theatre. This is a private contract. A specific construction schedule is not available at this time, but commencement of the project may occur at some time during the contract period. 2. Expansion of the Balboa Inn (105 Main Street). This is a private contract. A specific construction schedule is not available at this time, but this project is expected to begin some time during the contract period. Coordination with respect to Stage 3 construction is required. 3. Furnishing and planting of 36 -inch box Coral Gum trees in Main Street (north and south of Balboa Boulevard) by City of Newport Beach General Services Department. Upon completion of Lithocrete sidewalk by the Contractor, and acceptance of the work by the Engineer, the Contractor shall provide a ten (10) working day window of time to allow City forces to plant the trees. The Contractor shall verify that irrigation facilities are in place and will not interfere with the City's planting of the trees. • • SP 10 OF 32 The Contractor will construct domestic water facilities as shown on the plans. City forces will perform all shut downs of water facilities as required. The Contractor shall give the City seven (7) calendar days notice of the time he desires the shut down of facilities to take place. A four -hour (4) shut down of water facilities during the daytime hours of 10:00 a.m. to 2:00 p.m. or a six -hour (6) shut down between the hours of 11:00 p.m. to 5:00 a.m. will be allowed. The Contractor will be responsible for completing all water connections within the time period allowed. The times and dates of any utility to be shut down must be coordinated with the City of Newport Beach Utilities Department. The City must approve any nighttime work in advance. The Contractor shall provide and install new water meter and valve boxes. All existing water meter or valve box frames and covers shall be salvaged. Salvaged meter or valve boxes and water pipe shall be delivered to the City's Utilities Yard at 949 West 16th Street. The Contractor shall make arrangements for the delivery of salvaged materials by contacting Mr. Ed Burt, Utilities Superintendent, at (949) 718 - 3402." 7 -8 PROJECT SITE MAINTENANCE 7 -8.5 Temporary Light, Power and Water. Add to this section: "If the Contractor elects to use the City's water, he shall arrange for a meter and tender 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 pressure testing all lines and water used for irrigation during maintenance period for landscaping." 7 -8.6 Water Pollution Control. Add to this section, "Surface runoff water, including all water used during sawcutting operations, containing mud, silt or other deleterious material due to the construction of this project shall be treated by filtration or retention in settling basin(s) sufficient to prevent such material from migrating into any catch basin, Newport Harbor, the beach, or the ocean." Add the following sections: "7 -8.6.1 Storm Water Pollution Prevention Plan and Monitoring Program ( SWPPP) The Contractor shall prepare, submit and obtain approval from the Engineer for a SWPPP and Monitoring Program in accordance with State Water Resources Control Board requirements. The City will provide a certified Notice of intent (NOI) to comply with the State General Construction Activity Stormwater Permit. Prior to commencement of construction, the approved SWPPP and Monitoring Program and a copy of the certified NOI shall be on file at the Contractor's field office. The NOI and the • • SP 11 OF 32 approved SWPPP and Monitoring Program shall be considered as part of the Contract Documents. All requirements of the California Regional Water Quality Control Board Permit shall be incorporated into the SWPPP and the Monitoring Program. All work required for compliance with the requirements of the SWPPP and Monitoring Program shall be performed by the Contractor during the course of construction. The Contractor is advised the SWPPP (or portions thereof) may have to be amended at various times during the course of construction to reflect actual construction operations, inclement weather conditions, or as directed by the Engineer. Full compensation for complying with the provisions of this section, including implementation of the requirements of the SWPPP and modifications thereto during construction shall be considered as included in the Contractors overall bid and no additional compensation will be allowed therefore." 7 -8.8 Steel Plates. The City can provide a limited quantity of steel plates. These plates may be obtained for a rental charge of $15.00 per plate per week or part thereof. In addition the Contractor shall deposit $100 for the use of the City's lifting eye fitting and for the use of trench plates. The Contractor shall obtain plates from and return plates to the City's Utilities Yard at 949 West 16th Street. To determine the number of plates available and to reserve the plates, the Contractor must call the City's Utilities Superintendent, Mr. Ed Burt, at (949) 718 -3402. 7 -9 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS Add the following, "The Contractor shall coordinate the removal and relocation (temporary and permanent) of any mail collection boxes with the Engineer and the U.S. Postal Service." 7 -10 PUBLIC CONVENIENCE AND SAFETY 7 -10.1 Traffic and Access. Add to this section: "The Contractor shall provide traffic control and access in accord with Section 7 -10 of the Standard Specifications and the Work Area Traffic Control Handbook (WATCH) also published by Building News, Inc., and the Traffic Control Plans (Sheets 63 -70), hereinafter referred to as the Traffic Control Plan. Pedestrian access to all storefronts, offices, residences, etc., within the limits of work must be maintained at all times. The Contractor shall cooperate with the Engineer to provide advance notice to any and all establishments whose access will be impacted by construction operations, particularly sidewalk construction. The Contractor shall furnish and install signage, barricades, delineators, yellow safety ribbon, and any other measures deemed necessary by the Engineer to safely direct the public around areas of construction, and into (and out of) the affected establishments. Such measures shall be shown on the Detailed Traffic Control Plans (see Section 7- 103). 0 • SP 12 OF 32 During construction of sidewalk improvements, the Contractor shall be allowed a maximum of 3 continuous days in which to re -route pedestrian traffic from the front entrance of retail establishments to the rear or other alternate entrances, when approved in advance by the Engineer. The Contractor shall coordinate and schedule all sidewalk closures with the Engineer, notifying him at least five working days prior to any such proposed closures. For those establishments where alternative entrances are not available or feasible, the Contractor shall provide access by either: 1) Phasing the sidewalk construction so that access can be maintained; or 2) Providing a wooden ramp (with handrails) spanning the sidewalk construction. The Contractor shall submit shop drawings of the wooden ramp(s) to the Engineer for review and approval prior to construction. The Detailed Traffic Control Plans (see Section 7 -10.3) shall include provisions for detouring pedestrian and bicycle traffic around the areas of construction, as well as the specific measure for maintaining ingress and egress to storefronts, businesses, residences, etc. Vehicular access to driveways shall be maintained at all times except when the Engineer determines that necessary construction precludes such access. Driveways may be closed for a period of time not to exceed four hours, in which case, at least 48 hours advance notice shall be provided to the establishment served by the driveway." 7 -10.2 Storage of Equipment and Materials in Public Streets. Delete the first paragraph and add the following, "Construction materials shall not be stored in streets, roads, or sidewalk areas unless approved in advance by the Engineer. Contractor may store equipment and materials in an area to be arranged with the City prior to the start of construction. Contractor shall restore the laydown area to its preconstruction condition, including installation of new pavement and base" 7 -10.3 Street Closures, Detours and Barricades. Add to this section, 'The Traffic Control Plan (TCP) is intended to be used as a general, overall guideline. The Contractor shall be required to submit additional plans, hereinafter referred to as "Detailed Traffic Control Plans" as required by the Engineer for each separate phase and stage of the work, and /or increments thereof. The Detailed Traffic Control Plans shall be signed and stamped by a California licensed traffic engineer. The Detailed Traffic Control Plans shall conform to and expand upon the TCP. The Detailed Plans shall conform to the W.A.T.C.H. (2001 Edition). The Contractor shall submit each Detailed Traffic Control Plan to the Engineer for review and approval, a minimum of 5 working days prior to commencing the work covered by the Detailed Traffic Control Plan. The Detailed Traffic Control Plans shall incorporate (as a minimum) the following provisions: 1. Emergency vehicle access shall be maintained at all times. • • SP 13 OF 32 2. The locations and wordings of all barricades, signs, delineators, lights, warning devices, parking restrictions, and any other required details shall ensure that all pedestrian, bicycle, and vehicular traffic will be handled in a safe manner with a minimum of inconvenience to the public. 3. All advanced warning sign installations shall be reflectorized and /or lighted. 4. The Contractor shall accommodate the City's trash collection. If the Contractor elects to work on a street during its trash collection days, it shall be the Contractors responsibility to make alternative trash collection arrangements by contacting the city's Refuse Superintendent, Mr. William Russo, at (949) 718 -3468 and all property owners." 5. The Detailed Traffic Control Plans shall indicate measures for providing adequate turning radii for all OCTA bus operations. 6. Except where indicated on the TCP, no street or alley closures shall be permitted. 7. Driveways shall be kept open at all times, except as permitted by the Engineer. 8. Signage for bicycle detours shall indicate that bicycles are to be walked where deemed necessary by the Engineer. 9. The Contractor is advised that a significant portion of the bicycle traffic on Oceanfront is comprised of children attending Newport Elementary School. The Detailed Traffic Control Plans shall include specific measures fro safe detouring of bicycle traffic to and from Newport Elementary School. The Detailed Traffic Control plans for Stage I shall be submitted within ten (10) calendar days after issuance of a Notice of Contract Award by the City to the Contractor. The Detailed Traffic Control plans for Stage 2 and Stage 3 shall be submitted no later than 28 calendar days prior to the scheduled date of commencement of work for those stages as shown on the approved Construction Schedule. 7 -10.4 Public Safety 7- 10.4 -1 Safety Orders. Add to this section: "The Contractor shall be solely and completely responsible for conditions of the job -site, including safety of all persons and property during performance of the work, and the Contractor shall fully comply with all State, Federal and other laws, rules, regulations, and orders relating to the safety of the public and workers. The right of the Engineer or the City's Representative to conduct construction review or observation of the Contractor's performance shall not include review or observation of the adequacy of the Contractor's safety measures in, on, or near the construction site." • • SP 14 OF 32 7 -10.5 "No Parking" Signs. The Contractor shall fumish, install, and maintain in place "NO PARKING -TOW AWAY" signs (even if streets have posted "NO PARKING" signs) which he shall post at least forty-eight hours in advance of the need for enforcement. In addition, it shall be the Contractor's responsibility to notify the City's Police Department, Parking Control Division at (949) 644 -3717, for verification of posting at least forty-eight hours in advance of the need for enforcement. The signs shall (1) be made of white card stock; (2) have minimum dimensions of 12- inches wide and 18- inches high; and (3) be similar in design and color to sign R -38 of the CalTrans Uniform Sign Chart. The Contractor shall print the hours and dates of parking restriction on the "NO PARKING -TOW AWAY" sign in 2 -inch high letters and numbers. A sample of the completed sign shall be reviewed and approved by the Engineer prior to posting. 7 -10.7 Notices to Residents. Ten working days prior to starting work, the Contractor shall deliver a construction notice to the adjacent residents, within 500 feet of the project, describing the project and indicating the limits of construction. The City will provide the notice. Forty-eight hours before the start of any construction, the Contractor shall distribute to the adjacent residents a written notice stating when construction operations will start and 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 Engineer will prepare the written notices. The Contractor shall insert the applicable dates and times when the notices are distributed. Errors in distribution, false starts, acts of God, strikes or other alterations of the schedule will require Contractor re- notification using an explanatory letter furnished by the Engineer. 7 -15 CONTRACTOR'S LICENSES. At the time of the award and until completion of work, the Contractor shall possess a General Engineering Contractor's "A" License. At the start of work and until completion of work, the Contractor and all Sub - contractors shall possess a Business License issued by the City of Newport Beach. 7 -16 CONTRACTOR'S RECORDS /AS BUILT DRAWINGS. A stamped set of approved plans and specifications shall be on the job site at all times. In addition, the Contractor shall maintain "As- Built" drawings of all work as the job progresses. A separate set of drawings shall be maintained for this purpose. These drawings shall be up-to -date and submitted to the Engineer at the time each progress bill is submitted. 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 accord with generally accepted accounting principles and practices. These books, records, and documents shall be retained for at least three years after the date of completion of the project. • • SP 15 OF 32 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. 7 -17 TEMPORARY WATER MAIN BYPASS. The Contractor shall install and maintain a temporary water main bypass during construction of new water mains. The Contractor may use the City's bypass equipment; a $1,000 equipment deposit is required. Arrangements should be made with the Utilities Superintendent, Mr. Pete Antista at (949) 718 -3401. SECTION 8 - -- FACILITIES FOR AGENCY PERSONNEL 8 -1 General. Add to this section, "The Contractor shall provide a field office for his own personnel. The field office shall, as a minimum, conform to the requirements of a Class B Field Office as defined in Section 8 -2.2, and shall be equipped with separate telephone, e-mail, and facsimile lines. The City will make available an area for the Contractor's field office and storage in the parking lot adjacent to the Balboa Pier restroom (also referred to as the "A" Street Parking Lot.) The Contractor shall secure his storage area with permanent chain link and gates in conformance with City of Newport Beach Std.- 203 -L -A and 203 -L -B, except that barbed wire shall not be allowed. The Contractor shall submit a schematic plan for his field office and storage area with the initial submittals required for the Construction Schedule, the SWPPP, Detailed Traffic Control plans, and the Contact for forms per Section 6 -1 of the Special Provisions. Upon completion of all work required by this Contract, the Contractor shall remove the field office, fencing, and all materials and equipment. The Contractor shall remove fence foundations to 1 foot below finish grade, and shall repair all improvements (asphalt paving, sidewalk, landscape and irrigation, and striping) to the satisfaction of the Engineer. The Contractor is not required to furnish a field office for City personnel or representatives." SECTION 9-- MEASUREMENT AND PAYMENT 9 -3 PAYMENT 9 -3.1 General. Revise paragraph two to read: 'The unit and lump sum prices bid for each item of work shown on the 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. For the purpose of making partial payments pursuant to Subsection 9 -3.2, 'Partial and Final Payment," of the Standard Specifications, the amount set forth for the contract • i SP 16 OF 32 . items of work hereinafter listed shall be deemed to be the maximum value of said contract item of work which will be recognized for progress payment purposes: Mobilization $150,000 (Lump Sum) Remove Trees $1,000 Each (Unit Price) After acceptance of the contract pursuant to Subsection 6 -8, "Completion and Acceptance," of the Greenbook, the amount, if any, payable for a contract item of work in excess of the maximum value for progress payment purposes hereinabove listed for said item, will be included in the first payment made after filing of a Notice of Completion. Payment items of work or for items of work shown on the plans for which there is no specific bid item shall be included in the overall contract price. There shall be no additional compensation for any item of work shown on the plans for which there. is no specific bid item." 9-4 STIPULATED CONTRACT UNIT PRICES. The contract prices for Lithocrete construction are stipulated on the bid proposal form. 9 -5 BID ITEM DESCRIPTIONS. The following descriptions pertain to certain bid items included within the Proposal: Item No. 1 Mobilization: Work under this item shall include providing bonds, insurance and financing, establishing a field office, preparation of the SWPPP, preparation of the construction schedule, demobilization, and all other related work as required by the Contract Documents. No payment for this item will be made until the Construction Schedule and the SWPPP have been submitted to and approved by the Engineer. See Section 9 -3.1 for progress payment limitation. Item No. 2 Traffic Control: Work under this item shall include the delivery of all required notifications and temporary parking permits, posting of signs and all costs incurred in notifying the residents. In addition this item shall include providing the traffic control required by the project including, but not limited to, preparation of the Detailed Traffic Control Plans, prepared and signed by a California licensed traffic engineer as required in Section 7 -10, signs, cones, barricades, flashing arrow sign, K -rail, temporary striping, flagpersons, and shall include furnishing all labor, tools, equipment and materials necessary to comply with the W.A.T.C.H. Manual, 2001 edition, the Traffic Control Plan, and City of Newport Beach Requirements. Item No. 3 Cold Mill P.C.C. Pavement: Work under this item shall include the cold milling of the existing P.C.C. pavement below existing finish surface grade, disposal of all milled material, and shall include furnishing all labor, materials necessary to cold mill the existing P.C.C. pavement below existing finish surface grade to allow for a minimum 1.50 inch thickness of A.C. overlay, complete and in place. SP 17 OF 32 Item No. 4 Cold Mill AC Pavement: Work under this shall include cold milling existing asphalt concrete pavement 0.10 foot below existing top of pavement, or to a depth sufficient to allow for a minimum 0.15 foot AC overlay (whichever is greater), and shall include furnishing all labor, tools, equipment, and materials necessary to complete the work. Item No. 5 Remove P.C.C. Curb: Work under this item shall include sawcutting, removal and disposal of P.C.C. Curb and subgrade material as necessary to allow construction of replacement curb and gutter or roadway structural section or sidewalk, and shall include furnishing all labor, tools, equipment, and materials necessary for performing the work complete and in place. Item No. 6 Remove 8 -inch P.C.C. Roadway: Work under this item shall include sawcutting, removal and disposal of P.C.C. pavement and untreated base and subbase material as necessary to allow construction of replacement roadway structural section, and shall include furnishing all labor, tools, equipment, and materials necessary for performing the work complete and in place. This item shall not apply to PCC pavement removed for trenching of water mains, streetlights, electric and /or 2 -4 -inch PVC conduits. Payment for PCC pavement removed for trenching of above conduits shall be included in the specific bid items for those conduits and no additional payment shall be allowed. Item No. 7 Remove P.C.C. Driveway Approach: Work under this item shall include sawcutting, removal and disposal of P.C.C. Driveway Approaches and aggregate base and subbase material as necessary to allow construction of replacement driveway or sidewalk section, and shall include furnishing all labor, tools, equipment, and materials necessary for performing the work complete and in place. Item No. 8 Remove P.C.C. Sidewalk: Work under this item shall include sawcutting, removal and disposal of P.C.C. Sidewalk and subgrade material as necessary to allow construction of replacement sidewalk, and shall include furnishing all labor, tools, equipment, and materials necessary for performing the work complete and in place. This item shall not apply to PCC sidewalk removed for trenching of streetlight conduits. Payment for PCC sidewalk removed for trenching of streetlight conduits shall be included in the bid item for Streetlight Trench Pavement (concrete) and no additional payment shall be allowed. Item No. 9 Remove P.C.C. Alley Approach: Work under this item shall include sawcutting, removal and disposal of P.C.C. Alley Approaches and aggregate base and subbase material as necessary to allow construction of replacement alley approaches, and shall include furnishing all labor, tools, equipment, and materials necessary for performing the work complete and in place. Item No. 10 Remove P.C.C. Cross Gutter: Work under this item shall include sawcutting, removal and disposal of P.C.C. Cross Gutters and aggregate base and subbase material as necessary to allow construction of replacement cross gutters, and • • SP 18 OF 32 shall include furnishing all labor, tools, equipment, and materials necessary for performing the work complete and in place. Item No. 11 Remove AC Pavement: Work under this item shall include sawcutting, removal and disposal of AC pavement and untreated base and subbase material as necessary to allow construction of replacement roadway structural section, and shall include furnishing all labor, tools, equipment, and materials necessary for performing the work complete and in place. This item shall not apply to AC pavement removed for trenching of water mains and /or streetlight conduits. Payment for AC pavement removed for trenching of water mains and /or streetlight conduits shall be include in Bid Items 60, 61, and /or 78 and no additional payment shall be allowed. Item No. 12 Remove and Replace Curb Drain: Work under this item shall include the removal and disposal of existing curb drains interfering with the construction of new sidewalks and curbs and gutters as described on the plans, and the installation of new curb drains in accordance with City Standard -184 -1- and shall include furnishing all labor, tools, equipment and materials necessary to remove and reinstall curb drains complete and in place. Item No. 13 Remove Tree: Work under this item shall include the removing and disposing of all trees interfering with proposed improvements and not designated for relocation as described on the plans, including the complete removal and disposition of all roots larger than one inch in diameter, and other organic material, and shall include furnishing all labor, tools, equipment and materials necessary to remove trees complete and in place. Item No. 14 Asphalt Concrete: Work under this item shall include the placement, spreading and compaction of AC base course, finish course, variable thickness overlay, in streets and parking lots to the thickness' specified on the plans and as directed by the Engineer and shall include furnishing all labor, tools, equipment and materials (including tack coat) necessary to construct asphalt paving section complete and in place. This item shall not apply to asphalt concrete used for water main and /or street light trench resurfacing. Payment for asphalt concrete used for water main and /or street light trench resurfacing shall be included in Bid Items 60 and 77. Item No. 15 Untreated Base: Work under this item shall include subgrade preparation and compaction; disposal of excess excavated materials; the placement, and spreading and compaction of Untreated Base Material to the thickness' specified on the plans and as directed by the Engineer and shall include furnishing all labor, tools, equipment and materials necessary to construct an untreated base course complete and in place. Anywhere on the plans and /or in the specifications, where the words "aggregate base," "crushed aggregate base," etc. appear, they shall be construed to mean crushed miscellaneous base, in accordance with Section 400 -2 of the Greenbook. This item shall not apply to untreated base used for water main and /or street light trench resurfacing, nor for untreated base used under drive approaches, alley approaches and /or cross gutters. Payment for untreated base used for water main and /or street light i • SP 19 OF 32 trench resurfacing shall be included in Bid Items 60, 77, and 78. Payment for untreated base used under driveway approaches, alley approaches, and cross gutters shall be included in Bid Items 19 and 36. Item No. 16 Pavement Fabric: Work under this item shall include cleaning, patching and sealing cracks, and the placement of Fabric Glasgrid 8501 (or approved equal), over cold - milled PCC pavement or AC pavement prior to an asphalt concrete overlay and at locations as directed by the Engineer, and shall include furnishing all labor, tools, equipment and materials necessary to install fabric Glasgrid 8501 complete and in place. Item No. 17 Type "A" Curb and Gutter (Variable Height): Work under this item shall include the construction of variable height Type "A" P.C.C., gray (no Lithocrete or colored or stained concrete) curb and gutter, with 2 -foot gutter, including subgrade preparation; disposal of excess excavated materials; concrete forms and finishing and shall include furnishing all labor, tools, equipment and materials necessary to construct the Type "A" P.C.C. curb and gutter complete and in place. Item No. 18 Type "C" Curb and Gutter: Work under this item shall include the construction of Type "C" P.C.C. gray (no Lithocrete or colored or stained concrete) curb and gutter, including subgrade preparation; disposal of excess excavated materials; concrete forms and finishing, and shall include furnishing all labor, tools, equipment and materials necessary to remove the existing improvements and construct the Type "C" Curb and Gutter complete and in place. Item No. 19 Type "B" Curb: Work under this item shall include the construction of Type "B" P.C.C. gray (no Lithocrete, colored, or stained concrete) curb, including subgrade preparation; disposal of excess excavated materials, forms and finishing, and shall include furnishing all labor, tools, equipment and materials necessary to construct Type "B" Curb complete and in place. Item No. 20 Modified P.C.C. Driveway Approach /Alley Approach: Work under this item shall include the incremental difference between constructing 4 -inch thick P.C.C. sidewalk and 6 -inch thick P.C.C. drive approach or alley approach, (the contract unit price quantities for the various types of Lithocrete sidewalk include the contract unit quantities for this item), and shall include subgrade preparation, placement of untreated base, concrete forms, and finishing all labor, tools, equipment and materials necessary to construct the driveway /alley approach complete in place. Item No. 21 Lithocrete Construction Oversight and Supervision: Work under this item shall include subgrade preparation and compaction, traffic control, and Contractor's mark -up for coordination, oversight, and administration of the construction of Lithocrete sidewalks, driveway approaches, and pavement by a licensed sub - contractor authorized to install Lithocrete. 0 • SP 20 OF 32 Item No. 22 4 -Inch P.C.C. Sidewalk: Work under this item shall include the construction of 4 -inch thick standard (gray concrete, no Lithocrete) P.C.C. sidewalk, including subgrade preparation; disposal of excess excavated materials; blockouts for tree wells, concrete forms and finishing and shall include furnishing all labor, tools, equipment and materials necessary to construct the sidewalk complete and in place. Item Nos. 23 -40 Lithocrete Sidewalk and Pavement: See Section F of the Special Provisions. Item No. 41 Cross Gutter: Work under this item shall include the construction of P.C.C. Cross Gutters (various widths), including subgrade preparation; placement of untreated base material; rebar dowels; disposal of excess excavated materials; concrete forms and finishing and shall include furnishing all labor, tools, equipment and materials necessary to construct the cross gutters complete and in place Item No. 42 Remove Existing Parking Meter Post: Work under this item shall include the removal of existing parking meter posts and their foundations as shown on the plans, and salvaging of existing meters (deliver to the City General Services Yard at 592 Superior Avenue) and shall include backfilling of excavations. Item No. 43 Parking Meter Post: Work under this item shall include installation of new parking meter posts as shown on the plans (new parking meters will be installed by the City at no cost to the Contractor), and shall include foundation excavation, P.C.C. foundation and finishing, and shall include furnishing all labor, tools, equipment and materials necessary to install the parking meter post complete in place. Item No. 44 Concrete Wheel Stops: Work under this item shall include furnishing and installing 8 -inch x 30 -inch x 5 '/s -inch concrete parking stops as manufactured by Brooks Products, Inc., (or as approved by the Engineer), as recommended by the Manufacturer and as directed by the Engineer, and shall include fumishing all labor, tools, equipment, and materials necessary to install concrete wheel stops complete and in place. Item No 45 Sewer Lateral Connection: Work under this item shall include connecting the new 6 -inch sewer lateral to the existing 8 -inch sewer main in Main Street. The connection shall be made in conformance with City STD -405 -L (saddle type connection shall not be allowed) and shall include potholing and exposing of existing utilities in advance of trench excavation, excavation, removal and replacement of existing 8 -inch main, control of ground water and surface runoff, shoring, bracing, temporary patching or trench plates, connection to new lateral pipe, bedding, backfill and compaction, temporary and permanent support of existing utilities, disposal of excess trench spoil, and shall include furnishing all labor, material, tools and equipment necessary to construct sewer lateral connection complete and in place. Item No. 46 6 -Inch Sewer Lateral: Work under this item shall include potholing and exposing of existing utilities in advance of trench excavation, excavation, furnishing and • • SP 21 OF 32 installing all pipe material, control of ground water and surface runoff, shoring, bracing, temporary patching or trench plates, connection to new, bedding, backfill and compaction, temporary and permanent support of existing utilities, disposal of excess trench spoil, and shall include furnishing all labor, material, tools and equipment necessary to construct 6 -inch sewer lateral complete and in place. Item No 47 Remove and Replace 4 -inch Sewer Lateral: Work under this item shall include potholing and exposing of existing utilities in advance of trench excavation, excavation, removal and disposal of existing 4 -inch sewer laterals, furnishing and installing all pipe material, control of ground water and surface runoff, shoring, bracing, temporary patching or trench plates, connection to existing, bedding, backfill, compaction, temporary and permanent support of existing utilities, disposal of excess trench spoil, and shall include fumishing all labor, material, tools and equipment necessary to remove and replace 4 -inch sewer lateral complete and in place. Item No 48 Sewer Lateral Cleanout: Work under this item shall include excavation; furnishing and installing all pipe material; control of ground water and surface runoff; shoring; bracing; temporary patching or trench plates; construction of cleanout in accordance with City STD - 406 -L; connection to existing building lateral; bedding; backfill; compaction; temporary and permanent support of existing utilities; disposal of excess trench spoil; and shall include furnishing all labor, material, tools and equipment necessary to remove and replace 4 -inch sewer lateral complete and in place. Item No 49 Adjust Sewer Manhole: Work under this item shall include pavement removal; excavation; backfill; compaction; disposal of excess excavation; removal and salvage to City Utilities Yard (949 W. 16' Street) of existing cover and frame; installation of new cover and frame in accordance with City Std - 112 -L; adjustment to finish grade in accordance with City Std - 111 -L; and shall include all labor and materials, tools, and equipment necessary to adjust sewer manhole complete and in place. Item No 50 6 -Inch Water Service and Hot Tap: Work under this item shall include construction of a "hot tap" connection to existing PVC water main in accordance with City STD - 507 -L; potholing and exposing of existing utilities in advance of trench excavation; excavation; furnishing and installing of pipe, fittings, couplings, and thrust blocks; control of ground water and surface runoff; shoring; bracing; temporary patching or trench plates; bedding; backfill and compaction; temporary and permanent support of existing utilities; disposal of excess trench spoil; removal, abandonment and /or protection of interfering portions of existing utilities and /or improvements; temporary and /or permanent support of existing utilities; and shall include fumishing all labor, material, tools and equipment necessary to construct 6 -inch water service and hot tap complete and in place. Item No 51 6 -Inch PVC Water Main: Work under this item shall include potholing and exposing of existing utilities in advance of trench excavation; excavation; removal and disposal of existing 6 -inch cast iron water pipe and fittings; fumishing and installing of pipe fittings, couplings, and thrust blocks; control of ground water and surface runoff; shoring; bracing; temporary patching or trench plates; connection to new and existing water mains • • SP 22 OF 32 including temporary connections to existing 6 -inch cast iron water main as required by the staging requirements contained in Section 6 -1 of the Special Provisions; bedding; backfill and compaction; temporary and permanent support of existing utilities; disposal of excess trench spoil; removal, abandonment and /or protection of interfering portions of existing utilities and /or improvements; temporary and /or permanent support of existing utilities; and shall include furnishing all labor, material, tools and equipment necessary to construct 6 -inch PVC water main complete and in place. Item No 52 6 -Inch Gate Valve: Work under this item shall include furnishing and installing a 6 -inch Class 150 (MJxFE) resilient wedge gate valve including, but not limited to valve box plus sensing wire, cover and valve extension, valve anchor block in accordance with City STD - 510 -L -C, and all other work necessary to install 6 inch gate valve in accordance with City STD -508 -L and STD - 511- L_complete and in place. Item No 53 Remove and Replace 2 -inch Water Service: Work under this item shall include removal of existing 2 -inch water service and meter box (water meter shall be removed by City forces at no cost to the Contractor); furnishing and installing a 2 -inch water service, meter box, and appurtenances in accordance with CNB Std. 503-L; and shall include furnishing all labor, tools, equipment and materials and materials necessary to install the water service complete and in place. Item No 54 Remove and Replace 1 -inch Water Service: Work under this item shall include removal of existing 1 -inch water service and meter box (water meter shall be removed by City forces at no cost to the Contractor); fumishing and installing a 1 -inch water service, meter box and appurtenances in accordance with CNB Std. 502 -L; and shall include fumishing all labor, tools, equipment and materials and materials necessary to install the water service complete and in place. Item No 55 New 2 Inch Water Service: Work under this item shall include); furnishing and installing a 2 -inch water service, meter box and appurtenances in accordance with CNB Std. 502 -L; and shall include furnishing all labor, tools, equipment and materials and materials necessary to install the water service complete and in place. Item No 56 4 -Inch Water Service Connection: Work under this item shall include removal of an existing 4 -inch valve and 4 -inch service to the existing underground detector check serving the Balboa Inn; protection in place of the existing detector check and vault; installation of a new 6 -inch by 4 -inch tee (MJxFE) and 4 -inch resilient wedge gate valve (MJxFE), and 4 -inch PVC (C900 /CL 150) pipe; connecting the new service to the existing detector check; and shall include all furnishing all labor, tools, equipment and materials and materials necessary to install the water service complete and in place. Item No 57 2 -Inch Backflow Assembly: Work under this item shall include fumishing and installing a new Reduced Pressure Principle Backflow Prevention Assembly in accordance with CNB Std. 520 -L, including, but not limited to, a backflow assembly with • • SP 23 OF 32 spring loaded check valves and integral diaphragm actuated relief valve from CNB's • approved list, resilient wedge gate valve, bronze body test valves, thrust blocks, other appurtenant features, and shall include furnishing all labor tools, equipment and materials necessary to install a new backflow prevention assembly complete and in place. Item No 58 Pressure Test, Disinfect and Flush Water Main: Work under this item shall include successfully pressure testing, disinfecting and flushing the new water mains per the project specifications and shall include full compensation for multiple tests required to accommodate the staging of water main installation(s) as required by Section 6 -1 of the Special Provisions. Item No 59 Temporary Water Main Bypass: Work under this item shall include installation and removal of temporary water main bypass and shall include furnishing all labor, tools, equipment, necessary to install and remove a temporary water main bypass complete and in place and shall include full compensation for multiple bypass operations required to accommodate the staging of water main installation(s) as required by Section 6 -1 of the Special Provisions. In accordance with Section 7 -17 of the Special Provisions, materials and equipment for a temporary bypass are available from the City. Item No 60 Water Main Trench Pavement Replacement: Work under this item shall include sawcutting and removal of existing AC and /or PCC pavement over new water mains; and constructing a permanent pavement section in Alleys 256 -T and 256 -U in accordance with the details on the Plans and City Std -105 -1- and shall include fumishing all labor, tools, equipment, and materials necessary to constrict water main trench pavement replacement complete and in place. This item only applies to water mains installed outside the limits of new street pavement, sidewalk , and alley approaches. Item No 61 Traffic Signal Modifications (Main /Balboa): See Section B of the Special Provisions. Item No. 62 Stainless Steel Myers Cabinet. Work under this item shall include furnishing and installing a single meter stainless steel cabinet (Myers Cabinet Model No. MEUGX -M100 with window and meter socket) for the electric meter to serve street lights and shall include excavation, foundation preparation, construction of PCC foundation, bolts, placement of 1%s -inch conduit to the adjacent Southern California Edison (S.C.E.) vault, all in accordance with City Std - 206 -L, (Electric meter installation and wiring from the vault thereto shall be done by S.C.E.), and shall include all labor and materials necessary to construct the meter cabinet complete and in place. Item Nos. 63 -66 See Section B of the Special Provisions. Item No. 67 Furnish and Install 4 -Inch Electric Conduit: Work under this item shall include furnishing and installing 4 -inch PVC (Schedule 40) conduit with pull rope and • • SP 24 OF 32 end cap and shall include pavement removal, trenching, bedding, and backfill, temporary trench pavement, and connecting to existing Southern California Edison (SCE) structures. Work shall b done by a contractor or subcontractor authorized by SCE to perform work on their facilities. Payment shall include all labor and materials necessary to install 4 -inch conduit complete and in place. Item No. 68 Fumish and Install 2-4 inch PVC Conduit: Work under this item shall include furnishing and installing two 4 -inch PVC (Schedule 40) conduits with pull ropes and end caps, and shall include pavement removal, trenching, bedding, and backfill, and shall include all labor and materials necessary to install 4 -inch conduit complete and in place. Items Nos. 69 -76 See Section B of the Special Provisions Item No. 77 Streetlight Trench Pavement Resurfacing (Asphalt). Work under this item shall include sawcutting and removal of existing asphalt pavement and untreated base over new street light conduit and construction a permanent pavement section in accordance with the details on the plans and City Standard No. STD - 105 -L, complete and in- place. This item only applies to street light trenches located in existing pavement areas outside the limits of new pavement construction. Item No. 78 Streetlight Trench Pavement Resurfacing (Concrete): Work under this item shall include sawcutting and removal of existing P.C.C. sidewalk over new street light conduits and constructing new 4 -inch PCC concrete sidewalk replacement in accordance with the details on the plans. This item only applies to street light trenches located in existing sidewalk areas outside the limits of new sidewalk construction. Item Nos. 79 -94 See Section B of these Special Provisions. Item No. 95 Meandering Wall Pilaster: Work under this item shall include footings, reinforcing steel, concrete, precast sphere and wall cap, plaster equipment necessary to construct meandering wall pilaster complete and in place in conformance with the details on the plans. Item No. 96 Meandering Wall: Work under this item shall include footing, reinforcing steel, concrete, precast wall cap, a 'rile inset, and shall include all labor and equipment necessary to construct meandering wall complete and in place in conformance with the details on the plans. Item Nos. 97 -105 See Section C of these Special Provisions. Item Nos. 106 -111 See Section D of these Special Provisions. Item Nos. 112 -123 See Section C of these Special Provisions. 0 • SP 25 OF 32 Item No. 124 Palm Tree Uplight: Work under this item shall include furnishing and installing the palm tree lighting, collar, and watertight fittings (B.K. Lighting, CUS -1826- 01 and CUS- 1255 -42, or approved equal) as detailed on the plans and shall include electric wiring and conduit, furnishing and installing the transformer and connection to the electric meter at Palm and Oceanfront, shop drawings submittal, and all labor and materials necessary to install the palm tree uplights complete and in place. Item No. 125 Sidewalk and Pavement Sealant: Work under this item shall include furnishing and applying one coat of sealant (SLX -100 Prosoco Oil Repellant Penetrating Sealant on the finished surface of Lithocrete sidewalk and pavement. Scheduling of sealant application shall be approved by the Engineer. 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 207 -- -PIPE 207 -9 IRON PIPE AND FITTINGS 207 -9.2 Ductile Iron Pipe for Water and Other Liquids 207 -9.2.2 Pipe Joints. Add to this section, "All flanged pipe joints shall be joined utilizing type 316 Stainless Steel nuts, washers and hex -head bolts. Gasket shall be full- faced, cloth reinforced Buna -N rubber. Flex and Transition coupling used to join pipe in water main construction shall have all threaded parts and joining hardware fabricated from Type 316 Stainless Steel. Pipe hardness assemblies, valve and fitting restraints and shackle -clamp assemblies shall be joined utilizing Type 316 Stainless Steel all- thread rod, nuts, bolts and washers. Clamps, shackles and other hardware may be carbon steel or ductile iron where appropriate, but must be coated liberally with corrosion protective mastic compound. Bolted connectors fabricated from Type 316 Stainless Steel shall have threaded parts coated liberally with an approved anti -seize compound. • • SP 26 OF 32 All bolted and threaded fasteners shall be manufactured in the United States of America and shall conform to the minimum requirements for strength, material construction and dimension as established by the ASTM and the ANSI Specifications. All Fasteners shall be accompanied by written certification from the manufacturer stating compliance with the appropriate specification. All mechanical joints shall be restrained joints." 207 -9.2.3 Fittings. Add to this section: "Water main fittings shall be manufactured in accord with AWWA C110 (ANSI A21 -10) and a shall be ductile iron. Cast Iron fittings shall not be accepted. Compact body fittings (AWWA C153) will not be permitted unless otherwise specified. Mechanical joint fittings shall be manufactured in accord with AWWA C110 and shall have retainer glands. All flanged pipe and fitting shall be shop fabricated, not field fabricated. Adapter flanges shall be ANSI B16.5 pattern, Class 150 flanges. Bolts and nuts for all installations shall be Type 316 stainless steel. Threads shall be coated with a liberal amount of anti -seize compound. Flange gaskets shall be full -faced Buna -N, nylon impregnated rubber." 207 -9.2.4 Lining and Coating. Revise this section to read: 'The internal surfaces of ductile iron pipe and fittings used for water mains shall be lined with a uniform thickness of cement mortar the sealed with bituminous coating in accord with AWWA C104 (ANSI A21 -4). The outside surface of ductile iron pipe fittings shall be coated with bituminous coating 3 -mils thick in accord with ANSI A 21.6 on ANSI A21.51." 207 -9.2.6 Polyethylene Encasement for External Corrosion Protection. Revise this section to read: "Ductile iron pipe fittings and valves buried underground shall be protected with plastic film wrap in accord with AWWA C105 (ANSI A 21.5). Wrap shall be loose 8 -mil thick polyethylene." 207 -9.4 AWWA Butterfly Valves 207 -9.4.1 General. All butterfly valves shall be of the tight - closing, rubber - seat type, conforming to the design standards of ANSI /AWWA C504 latest revision, except where noted herein. Valves shall be bubble -tight at the rated pressure in either direction and shall be suitable for throttling service and /or operation after longs periods of inactivity. Manufacturer shall be ISO 9001 Certified or have similar certification up and above AWWA. All butterfly valves shall be from the same manufacturer. Valves shall be, K -FLO Wolverine Fig. 506 (Class 150), or approved equal. All valve bodies shall be constructed of cast iron ASTM A126, Class B with ANSI B16.1 flange drilling. All valves to have 316 stainless steel exterior body bolts. Discs shall be of the concentric design. Valve discs shall be constructed of ductile iron ASTM A536, Grade 65 -45 -12 with a 316 stainless steel edge. Valves shall have a one piece through shaft of 18 -8 stainless steel, corresponding to the requirements of AWWA C504, latest • N SP 27 OF 32 revision. The shafts shall fasten to the disc by means of a threaded disc pin or through pin providing a positive leak proof connection of the shaft to the disc. Seats shall be simultaneously bonded and vulcanized to the body of the valve. All interior surfaces in contact with water, excluding stainless steel and disc shall be rubber lined or epoxy coated. Valves with the rubber seat located on the valve: disc will not be permitted. Seats shall be designed so that no adjustments or maintenance is required. All shaft bearings shall be of the self - lubricating, corrosion- resistant, sleeve type. Bearings shall be designed for horizontal and /or vertical shaft loading. Shaft packing shall be self- adjusting and suitable for pressure or vacuum service. The flow path for valves shall be fully rubber lined. The valve disc shall be Fusion Bonded Epoxy Coated with an AWWA NSF -61 coating system or liquid epoxy on wetted interior surfaces 16 mils, holiday free. Exterior coating shall have 16 mils of liquid epoxy. All valves to be painted at the factory by the valve manufacture. All valves shall be hydrostatic and leak tested in accordance with ANSI /AWWA C504, latest revision with the following modification: Valves shall be tested and rated at 200 PSI to facilitate field system hydro -test. All valves to be tested with the actuator installed as a complete unit by the valve manufacture. Provide certified test reports with all valve shipments. Manufacturer furnishing valves shall present proof of compliance with ANSI /AWWA C504, latest revision. The valve actuators are to be installed and tested at the factory by the valve manufacture. All actuators to be provided with 316 stainless steel exterior body bolts. SECTION 213 - -- ENGINEERING FABRICS 2113 -1 PAVEMENT FABRIC 213 —1.1 General. Add to this section: 'Pavement fabric shall be Glasgdd 8501, unless otherwise approved in advance by the Engineer." 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." 0 PART 3 CONSTRUCTION METHODS SECTION 300 - -- EARTHWORK 300 -1 CLEARING AND GRUBBING 300 -1.3 Removal and Disposal of Materials • SP 28 OF 32 300 -1.3.1 General. Add to this section: 'The work shall be done in accordance with Section 300 -1.3.2 of the Standard Specifications except as modified and supplemented herein. Joins to existing pavement lines shall be full depth sawcuts. Final removal between the sawcut lines may be accomplished by the use of jackhammers or sledgehammers. Pavement breakers or stompers will not be permitted on the job. The Engineer must approve final removal accomplished by other means. The Contractor shall maintain the job site in a clean and safe condition. The Contractor will remove any broken concrete, debris or other deleterious material from the job site at the end of each workday. All areas of roadway removal and replacement shall have a minimum trench width of 3 -feet to facilitate maximum compaction. Contractor shall meet with the Engineer to mark out the areas of roadway removal and replacement." 300 -1.3.2 Requirements (c) Concrete Curb, Walk, Gutters, Cross Gutters, Driveways, and Alley Intersections. Replace the first sentence of this Section with: "Saw cuts shall be neatly made to a minimum of two (2) inches." And replace the words "1 %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. i i SP 29 OF 32 SECTION 301 - -- TREATED SOIL, SUBGRADE PREPARATION, AND PLACEMENT OF BASE MATERIALS 301 -2 UNTREATED BASE 301 -2.1 General. Revise this section to read, "Untreated base shall be crushed miscellaneous base (or better) in conformance with Section 400 -2, Untreated Base Materials." Placement and compaction of untreated base shall conform to Section 301- 2, "Untreated Base." SECTION 302 - -- ROADWAY SURFACING 302 -5 ASPHALT CONCRETE PAVEMENT 302 -5.1 General. Add to this section: "The asphalt concrete (A.C.) used shall be 111 -C3 -AR -4000. All cracks'/4-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." 305 -5.2 Cold Milling Asphalt Concrete Pavement. Add to this section: `The AC cold mill shall be a fine grind to accommodate the manufacturer's specifications for placement of Glassgrid 8501 pavement fabric." 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." 302 -6 PORTLAND CEMENT CONCRETE PAVEMENT 302 -6.6 Curing. Add to this section: 'The Contractor shall not open street improvements to vehicular use until P.C.C. has attained the minimum compressive strength specified in Section 201 -1.1 -2 of the Standard Specifications. Said strength may be attained more rapidly, to meet the time constraints in Section 6 -7.1 herein, by the use of additional Portland cement or admixtures with prior approval of the Engineer." 302 -7 Pavement Fabric 302 -7.2 Placement. Add to this section: Prior to placing pavement fabric over cold milled PCC pavement, the Contractor shall first place a minimum'' /: -inch thick AC overlay. Upon completion of this overlay, the fabric shall be place in accordance with the manufacturer's specifications and as directed by the Engineer. • • SP 30 OF 32 SECTION 303 --- CONCRETE AND MASONRY CONSTRUCTION 303 -5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 303 -5.4 Joints 303 -5.4.1 General. Add to this section: "The Contractor shall make a sawcut parallel to the centerline of the alley, 2 feet along each side of centerline, over the entire length of the alley. The Contractor may also sawcut the property lines, adjacent to the alley, in lieu of scoring the pavement along the property lines or constructing an edged cold joint. All sawcuts shall be made to a depth of 2 inches." 303 -5.5 Finishing 303 -5.5.1 General. Add to this section: 'The Contractor shall patch back A.C., P.C.C. and brick within private property at locations shown on the plans in a manner that matches the adjoining existing private property in structural section, texture and color." 303 -5.5.2 Curb. Add to this section: 'The Contractor shall install or replace curb markings that indicate sewer lateral or water valve location on the face of the curb. The Contractor shall mark the curb with a chiseled "S" for sewer lateral and a chiseled "V -X" for water valve locations. "X" shall indicate the number of feet from the curb face to the valve. To determine the location of sewer laterals and water services, the Contractor must call the City's Utilities Superintendent, Mr. Ed Burt, at (714) 718 - 3402." 303 -5.5.4 Gutter. Add to this section: "The Contractor shall hold the flow line tolerances to within 0.01 feet of those elevations shown on the plan." 303 -5.5.5 Free Form Architectural Finishes. This project includes a number of architectural patterns to be constructed of Lithocrete or concrete material on the sidewalk and roadway finished surfaces. The Contractor shall work with the Engineer to properly locate and construct all of the features proposed by the plans. In a number of areas the proposed improvements cannot be described geometrically as they are "free form" in nature. In these areas, the Contractor shall use the 10 -foot x 10 -foot grid provided on the plans to control the geometry of the proposed pattern(s). The Contractor shall obtain approval of the proposed geometry of all architectural features from the Engineer before constructing the improvements. SECTION 306 - -- UNDERGROUND CONDUIT CONSTRUCTION SECTION 306 -1 OPEN TRENCH OPERATIONS 306 -1.1.1 General. Add to this section, "If the characteristic rotten egg smell of hydrogen sulfide is noted at the site during excavation activities, measurement shall be • • SP 31 OF 32 taken to monitor concentrations. If hydrogen sulfide levels exceed 0.50 ppm for more than 15 minutes, the Contractor shall notify the Engineer and shall furnish and install industrial ventilators to reduce ambient hydrogen sulfide concentrations. The Contractor shall clean all areas and keep soil wet to prevent blowing dust." 306 -1.1.2 Maximum Length of Open Trench. In the first sentence of this section replace "500 feet' with "200 feet" as the maximum length of open trench. 306 -1.1.3 Maximum and Minimum Width of Trench. Add to this section, "The Contractor shall endeavor to minimize the width of all trenching within the confines of Balboa Village. CNB Std -106 -1- is modified to limit trench widths to no more than 16 inches wider (8 inches clearance per side) than the outside diameter of the proposed pipe installation, unless otherwise approved by the Engineer." 306 -1.1.6 Bracing Excavations. Add to this section, "The Contractor shall protect the integrity of all building foundations located in close proximity to trench excavations by limiting the length of open trench to no more than 2 pipe lengths at a time and /or by the use of properly designed shoring systems approved by the Engineer." 306 -1.2.2 Pipe Laying. Add to this section, "The Contractor shall install a 10 gauge insulated tracing wire on the PVC Water Main as directed by the Engineer." 306 -1.3 Backfill and Densification 306 -1.3.1 General. Add the following to this section, "Material obtained from project excavations may be used as trench backfill material provided it has a minimum sand equivalent of 20 and /or is approved by the Engineer." 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." 0 • SP 32 OF 32 310 -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 Contractor removes /covers /damages existing striping and /or raised pavement markers outside of the work area, he shall re- stripe /replace such work items at no cost to the City. The Contractor shall paint or otherwise delineate, to the satisfaction of the Engineer, temporary traffic lanes when (1) two opposing traffic lanes are adjacent or (2) there is more than one lane in any one direction, for more than three consecutive calendar days. Dependent upon construction phasing, the Engineer may require the Contractor to apply two applications of paint to maintain adequate delineation on base pavement surfaces, at no additional cost to the City." SECTION 312 -- PAVEMENT MARKER PLACEMENT AND REMOVAL 312 -1 PLACEMENT Amend this section with: "1. The location of raised pavement fire hydrant marker shall conform to the City of Newport Beach Standard Plan No. STD - 902 -L. 2. The Contractor shall not replace raised pavement markers until fifteen days after the application of the pavement or slurry." 0 • SECTION B SPECIAL PROVISIONS TRAFFIC SIGNAL MODIFICATION, STREET LIGHTS, TRAFFIC CONTROL, SIGNING, AND STRIPING 0 0 INSTALLATION OF TRAFFIC SIGNAL AND SAFETY LIGHTING, AT VARIOUS LOCATIONS GENERAL The Contractor shall furnish all tools, equipment, materials, supplies, and manufactured articles and shall perform all operations necessary to modify existing and construct additional traffic signal and street lighting facilities as shown on the drawings and as specified herein Reference Specifications and Standard Plans (1) Standard Specifications - Except as modified herein, materials and installation shall conform to the California Standard Specifications, July 1999. All references in this section to'Standard Specifications'shall be understood to be referenced to the California Standard Specifications. (2) Standard Plans - Except as modified herein, all references in this section to 'Standard Plans' shall be understood to be referenced to the California Standard Plans, July 1999. (3) Codes. Ordinances and Regulations All electrical materials and equipment furnished and installed under this section shall conform to the referenced regulations and codes specified in Section 86 -1.02 of the Standard Specifications, and to all other ordinances and regulations of the authorities having jurisdiction. When reference is made to the Code, Safety Orders, General Orders, or Standards, reference shall be construed to mean the Code, Order or Standard in effect on the date set for receipt of bids. II. SCOPE OF WORK Description Furnishing and installing traffic signals and highway lighting systems and payment therefore shall conform to the provisions in Section 86, 'Signals and Lighting', of the Standard Specifications and the Standard Plan of the State of California, Department of Transportation, dated July 1999, and these Special Provisions. Traffic signal work is to be performed Main Street. M L Scheduling of Work i The Contractor may perform sub - surface work consisting of the installation of conduit, foundations, and detectors, prior to receipt of all electrical materials and equipment. However, such work may not begin more than 15 working days prior to scheduled delivery of the last aboveground item. Above - ground signal work shall not commence until such time that the Contractor notifies the Engineer, in writing, of the date that all electrical materials and equipment are received, and said work shall start within 15 days after said date. Traffic signal standards and signal heads shall not be installed until the signal controller has been delivered to the job site. Existing street lighting shall remain in operation until new lighting is operational. No materials or equipment shall be stored at the job sites until receipt of said notification by the Engineer. The job sites shall be maintained in neat and orderly condition at all times. All striping, pavement markings, and signing shall be in place prior to signal turn-on and /or opening of street to public travel. The location of proposed striping and crosswalks shall be marked in the field for approval by the Engineer prior to installation of signal detector loops. Completion Of Work No extension of time will be granted for a delay caused by a shortage of materials, unless the Contractor furnishes to the Engineer the documentary proof that he has made every effort to obtain such materials from all known sources, within reasonable reach of the work, in a diligent and timely manner and further proof in the form of supplementary progress schedules, as required in Section 8 -1.04, California Standard Specifications "Progress Schedule ", that the inability to obtain such materials when originally planned did, in fact, cause a delay in final completion of the entire work, which cold not be compensated for by revising the sequence of the Contractor's operations. The term "shortage of materials ", as used in this section, shall apply only to materials, articles, parts, or equipment, which are standard items and are to be incorporated in the work. The term "shortage of materials" shall not apply to materials, parts, articles, or equipment, which are processed, made constructed, fabricated, or manufactured to meet the specific requirements of the contract. Only the physical shortage of material will be considered under these provisions as a cause for extension of time. Delays in obtaining materials due to priority in filling orders will not constitute a shortage of materials. III. PAYMENT AND BILLING The unit or lump sum price bid for each item of work shown on the proposal shall be considered as full compensation for all labor materials, equipment and all other things necessary to complete the work in place, and no additional allowance will be made therefore. The bid items are shown on the proposal. Full compensation for all additional materials and labor, not shown on the plans or specked, B -2 • i which are necessary to complete the installation of the various systems, or units thereof are included in the various contract bid items and no additional compensation will be allowed therefore. Payment for all concrete work necessary for the modification of traffic signals will be considered as included in the lump sum price bid for traffic signal modification, and shall be considered full compensation for all labor, materials, tools, and equipment necessary to perform all the work as specified herein and on the plans, and no additional compensation will be allowed therefore. Cost for minor temporary wiring, which may be required on a day -to -day basis, shall be considered as part of the lump sum price bid for each intersection. IV. TRAFFIC CONTROL General Attention is directed to Sections 7 -1.08, "Public Convenience," 7 -1.09, "Public Safety," and 12, "Constructed Area Traffic Control Devices," of the Standard Specifications and these Special Provisions. Nothing in these Special Provisions shall be construed as relieving the Contractor from his responsibility, as provided in said Section 7 -1.09. The Contractor shall have the Detailed Traffic Control Plans prepared and signed by a Licensed Traffic Engineer for this project prior to commencing work. During installation, proper traffic control and safety shall be observed at all times. The 'Work Area Traffic Control Handbook' (WATCH), 1996 Edition, shall be the standard used for control of traffic in work areas. Approved delineators, warning signs and flashing arrow boards shall be used at all times and must be in good working condition at all times. The Contractor shall furnish, install, maintain, move, and remove all signs, lights, flares, barricades, and other devices for the convenience and safety of the public as required by Sections 7 -1.08, 7 -1.09, and 12 of the Standard Specifications, the plans, and these Special Provisions. The Contractor shall maintain a minimum of one lane of traffic in each direction during working hours, unless otherwise approved by the Engineer. Only one lane closure at any one time will be permitted unless otherwise approved by the Engineer. The Contractor shall provide and maintain all signs, barricades, pedestals, flashers, delineators, and other necessary facilities for the protection of the motoring and pedestrian public within the limits of the construction area and all its approaches, including advance signing and barricades. All temporary signing and devices shall be maintained to the satisfaction of the Engineer. Payment for Traffic Control will be considered as included in the lump sum price bid fortraffic control and shall be considered full compensation for all labor, materials, tools, and B -3 0 • equipment necessary to perform all the work as specified herein and on the plans, and no additional compensation will be allowed therefore. Notification of Public Utilities When work is to be conducted in an area which is known, or reasonably should be known to contain underground utilities and /or subsurface improvements, the Contractor shall contact Underground Service Alert of Southern California, telephone number (800) 422 -4133, at least 48 hours in advance of any construction activity, including but not limited to pavement removal, excavation and A.C. overlay, which will or could damage or affect any underground utility and /or subsurface improvement, and obtain an inquiry identification number. V. CONSTRUCTION ITEMS P.C.C. Construction Foundations Foundations shall conform to the provisions in Section 86 -2.03, "Foundations," of the Standard Specifications, these Special Provisions, and the construction plans. Portland cement concrete shall conform to Section 90 -10, "Minor Concrete," ofthe Standard Specifications and shall contain no less than 564 pounds of Portland cement per cubic yard. The exact location of all foundations for signal equipment and the service and controller cabinets shall be approved by the Traffic Engineer prior to the start of any excavation work. In the event that roadway and intersection modifications by others are not completed, the Contractor shall install foundations (and all other related items) at locations set back from the roadway where designated by the Engineer. The completed intersection and traffic signals shall appear as shown on the plans. The Contractor shall remove the top 1.0 feet of foundations identified to be removed or abandoned and then resurface to match the finish grade. Cabinets Type "P" controller cabinets shall be stainless steel and shall conform to the provisions in Section 86 -3.04. Service Type II service shall conform to the requirements of City of Newport Beach Std. -91 0 -L and the service equipment enclosure shall be stainless steel. Conduit The following paragraphs shall be added to Section 86 -2.05: All new conduits shall be Type 3, rigid, non - metallic (PVC Schedule 80) unless otherwise shown on the plans. B-4 0 • After conductors have been install, the ends of conduit termination in pull boxes and controller cabinets shll be sealed with an Agency approved type of sealing compound. The following shall replace the sixth numbered item of the third paragraph of Section 86- 2.056: All new conduits between pull boxes shall be 2 -inch diameter, unless otherwise shown on the plans. New traffic signal conduits under street pavement shall be installed byjacking and drilling methods in conformance with Section 86- 2.05C. Jacking or drilling pits shall be located in existing sidewalk areas, or within existing pavement areas outside the limits of existing decorative pavers in the Balboa Boulevard /Main Street intersection if allowed by the Engineer. Existing sidewalk damaged or removed by jacking or drilling areas shall be repaired or replaced in like kind to the satisfaction of the Engineer. Pullboxes Materials and installation for installation of pullboxes shall conform to the provisions in Section 86 -2.06, "Pullboxes," of the Standard Specifications and these Special Provisions. General Pullboxes shall conform to the provisions in Section 86 -2.06, "Pullboxes ", of the Standard specifications, these Special Provisions, and the construction plans. New pullboxes shall be precast reinforced concrete. Recesses for suspension of ballasts will not be required. Where the sump of an existing pullbox is disturbed by the Contractor's operations, the sump shall be reconstructed and, if the sump was grouted, the old grout shall be removed and new grout placed. Pullbox covers shall be marked "SIGNAL" or "TRAFFIC SIGNAL ", or as otherwise indicated on the construction plans." Pullboxes, pullbox covers, and pullbox extensions shall be concrete, unless other wise noted on the construction plan. Installation Pullboxes shall be placed with their tops flush with surrounding finished grade. Pullboxes shall be installed on a 6" pea gravel base with grout. The pullboxes shown on the plans are minimum to be installed. The Contractor may, at his B -5 0 • option and expense, install additional pullboxes to facilitate his work. No additional compensation will be allowed for any additional pullboxes unless requested in writing and approved by the Engineer. No pullbox shall be located in or within one foot of any wheelchair ramp. Standard plan drawing ES-8, pullbox details. Note 4-a.5 and b.10 shall not apply to this project. Conductors and Wiring General Conductors and wiring shall conform to the provisions in Section 86 -2.08, "Conductors," and Section 86 -2.09, "Wiring," of the Standard Specifications and these Special Provisions. Conductors shall be spliced by the use of V- shaped compression connectors, as shown on the plans. Splices shall be insulated by Method B. Subparagraph 5, of the first paragraph of Section 862.09D, 'Splicing', of the Standard Specifications is deleted. Bonding and Grounding Grounding jumper shall be attached by a 3/16 inch, or larger brass bolt in the signal standard or controller pedestal and shall be run to the conduit, ground rod or bonding wire in adjacent pullbox. Grounding jumper shall be visible after cap has been poured on foundation. Signal Faces and Signal Heads All indications, except in P.V. heads, shall be LED units and shall meet the current State of California Department of Transportation (CALTRANS) Specifications. Signal section housings shall be Polycarbonate (plastic) type. The Contractor shall furnish and install 12 -inch LED ball and arrow lenses assemblies. New heads shall be furnished with the LED units installed. Kits shall be furnished and installed where retrofitting existing signal heads is noted on the plans. . All non - programmed lenses shall be glass with aluminum reflectors except LED heads. All lamps for traffic signal units (including programmed visibility type) shall be furnished by the Contractor. 0 Pedestrian Signals General 0 Pedestrian signals shall conform to the provisions in Section 86 -4.05, "Pedestrian Signal Faces," of the Standard Specifications and these Special Provisions. Pedestrian signals shall be LED's per Section 86 -4.07 and shall be constructed of Polycarbonate (plastic) per Sections 86 -406A, B, and C. Detectors Loop detector sensor units will be Type 'B'(2 or 4 channel). Loop wire shall be Type 1. Lead -in wire cable shall be Type B. The Contractor shall test the detectors with motor -driven cycle, as defined in the California Vehicle Code that is licensed for street use by the Department of Motor Vehicles of the State of California. The unladen weight of the vehicle shall not exceed 220 pounds and the engine displacement shall not exceed 100 cubic centimeters. Special features, components or vehicles designed to activate the detector will not be permitted. The Contractor shall provide an operatorwho shall drive the motor -driven cycle through the response or detection area of the detector at not less than 3 miles per hour, nor more than 7 miles per hour. The number of sensor units and lead -in cables required to achieve the specified detection shall be installed. Detector rack and cabinet wiring to be modified by a representative of US Traffic Corporation Intersection Development. Pedestrian Push Buttons Pedestrian push button signs, for push button assemblies to be installed on pedestrian push button posts shall be 5- inches x 7 -1/2- inches. All other pedestrian push button signs shall be 9- inches x 12- inches and shall not extend beyond the mounting framework. Push button assemblies shall comply with ADA requirements (Federal Register/Vol. 59, No. 117, Section 14.2.5). Emergency Vehicle Pre - Emption Equipment Model 752, phase selector units and Model 760 rack, as manufactured by 3M Company, shall be furnished and installed in the new or existing controller cabinet. Model 722 Optical Detector units, as manufactured by 3M Company, shall be furnished by the Contractor and installed at locations indicated on the plans. Model 138 Optical Detector Cable, as manufactured by 3M Company, shall be furnished and installed by the Contractor. B -7 0 0 If non -3M Company Equipment shall be proposed, the equipment shall be capable of logging up to 100 events, including user classification, vehicle identification number from among up to 20,000 vehicles, time of priority, elapsed time in priority phase, direction of priority phase, and total duration of priority. The equipment shall be fully compatible and interchangeable with 3M hardware indicated above. The event log shall be retrievable using PC software and hardware intended for use with 3M Model 722 Optical detector units. Equipment shall be tested by a representative of the manufacturer at date of turn on. VI. TRAFFIC STRIPES, PAVEMENT MARKINGS, AND RAISED PAVEMENT MARKERS The Contractor shall furnish and apply traffic stripes and pavement markings at locations shown on the plans or where directed by the Engineer. Placement of striping and markings shall conform to the requirements of Sections 310 and 312 of the Green Book and these Special Provisions. Remove Traffic Stripes and Pavement Markings Traffic stripes, temporary striping, and pavement markings shall be removed from the existing pavement as shown on the plans or as directed by the Engineer. A fog seal shall be used at the discretion of the Engineer where striping has been sand blasted. Traffic stripes and pavement markings shall be removed to the fullest extent possible from the pavement by wet sand blasting or any other method that does not materially damage the surface or texture of the pavement or surfacing. Sand or other material deposited on the pavement as a result of removing traffic stripes and markings shall be removed as the work progresses. Accumulations of sand or other material which might interfere with drainage or might constitute a hazard to traffic will not be permitted. Traffic stripes shall be removed before any change is made in the traffic pattern and before painting new stripes and markings. Where blast cleaning is used for the removal of traffic stripes and pavement markings or for removal of objectionable material, and such removal operation is being performed within 10 feet of a lane occupied by public traffic, the residue, including, dust shall be removed immediately after contact between the sand and the surface being treated. Such removal shall be by a vacuum attachment operating concurrently with the blast cleaning operation. [a] 0 • Contractor will not be required to use a vacuum attachment under the following conditions: When approved by the Engineer. 2. When the blasting sand will be confined by mechanical means to small areas. 3. When a sweeper (preferably a vacuum -type) will immediately followthe blasting operation orwhen traffic can be safely routed around the sand until it is swept up. Painting Various Surfaces Preparation of Existing Surfaces. Modify and amend this section to read, 'The Contractor shall remove all existing thermoplastic traffic striping and pavement markings prior to application of slurry seal by a method approved by the Engineer." 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 112 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." 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 afterthe 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 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 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. rjL 0 • The Contractor shall paint or otherwise delineate, to the satisfaction of the Engineer, temporary traffic lanes when (1) two opposing traffic lanes are adjacent or (2) there is more than one lane in any one direction, for more than three consecutive calendar days. Dependent upon construction phasing, the Engineer may require the Contractor to apply two applications of paint to maintain adequate delineation on base pavement surfaces, at no additional cost to the City." Pavement Marker Placement And Removal Placement. Amend this section with, The location of raised pavement fire hydrant marker shall conform to the City of Newport Beach Standard Plan No. STD - 902 -L. The Contractor shall not replace raised pavement markers until fifteen days after the application of the pavement or slurry. VII. TRAFFIC SIGNING General Requirements All details and dimensions for traffic signs and the installation thereof shall conform to the California Department of Transportation Traffic Sign Specifications and Traffic Manual, and these following Special Provisions. Any sign delivered under this contract which does not conform to these specifications and Special Provisions shall be replaced by the Contractor at no cost to the City. This will include the cost of removal and replacement of these signs by City forces. The reflectivity of all signs shall be high intensity grade except "NO PARKING" signs shall be engineering grade unless specified by the Engineer. All signs shall be high intensity, reflectorized. Materials shall be certified as meeting all applicable State Specifications. Any chipping or bending of sign panels shall be considered as sufficient cause to require replacement of panels at the Contractor's expense. Signs shall be mounted on streetlights where possible. All signs not mounted on street lights shall be attached on a new post. VIII. MAINTAINING EXISTING AND TEMPORARY ELECTRICAL SYSTEMS Traffic signal system shutdowns shall be limited to periods between the hours of 9:00 AM and 3:30 PM. The Contractor shall place 'STOP AHEAD' and 'STOP' signs to direct vehicle and pedestrian traffic through the intersection during traffic signal system shutdown. Temporary'STOP AHEAD' and 'STOP' signs shall be either covered or removed when the system is turned on. 'STOP AHEAD' and'STOP' signs shall be furnished by the Contractor and shall conform to I 0 • the provisions in Section 12 -3.06 'Construction Area Signs,' ofthe Standard Specifications, except that the base material for the signs shall not be plywood. One 'STOP AHEAD' and 'STOP' sign shall be placed for each direction of traffic. Location of the signs shall be as directed by the Engineer. All existing signal indications, pedestrian push buttons, detectors, and control equipment shall be maintained in operation, except during shutdown hours as specified above. Existing luminaries that are to be removed shall remain in operation until the replacement luminaire is installed and operating. Cost for minor temporary wiring, which may be required on a day -to -day basis, shall be considered as part of the lump sum price bid for each location. IX. REMOVING, REINSTALLING OR SALVAGING ELECTRICAL EQUIPMENT Hauling and stockpiling of salvaged material off the right -of -way, as directed by the Engineer, shall be included in the lump -sum price for signal construction. INSTALLATION OF STREET AND PARKING LOT LIGHTING I. SCOPE OF WORK The work to be done under this contract consists of removing and replacing existing series street lighting systems with multiple systems, and installing new street light standards complete per Plans. II. PUBLIC CONVENIENCE AND TRAFFIC CONTROL Traffic Control During construction, traffic control and safety shall be observed at all times. The contractor shall provide traffic control and access in accordance with Section 7 -10 of the Standard Specifications and the Work Area Traffic Control Handbook (WATCH) published by Building News, Inc. The Contractor is advised to contact and obtain permission from the adjacent property owners) to use private parking for his equipment and vehicles. Any costs in obtaining this permission and performing traffic control shall be considered as part of the unit bid prices of the various work items listed. 111. REPLACEMENT OF SERIES CIRCUITS Existing series circuit (Phase II) is to be replaced with 240 volt multiple systems. Existing series circuit maps will be made available to the Contractor performing the work. Existing street light standards are to be removed and replaced, except as noted or shown on the plans, with concrete standards. New luminaires, as noted on the plans, are to be installed on existing standards where indicated. A new pullbox is to be constructed within 5 feet of the street light standard base complete with a double fuseholder. New conduit shall be installed from pullboxes to be pole standard. The replacement of the existing systems shall be accomplished in phases so that the B -11 number of lights out of service at any one time will be minimized. In no event shall any portion of a system be out of service for more than seven (7) consecutive days. The Contractor shall submit a construction plan showing the phases of the replacements, and the estimated number and length of outages. The plan shall be approved by the Engineer prior to the Contractor starting work. IV. CONCRETE STREET LIGHT STANDARDS Concrete street light standards shall be the style shown on Detail "A" on sheet 63 of the construction plans, with fluted tapered shafts, and access panel in the base, and an 8 -inch globe fitter ring or per City of Newport Beach Standard 201 -L as noted on plan. V. LUMINAIRES Post -top acorn globes shall be U.V. stabilized polycarbonate with prismatic refracted globes. Post -top globe assemblies, complete, shall be Sequoia Lighting System It numbers SLPT 302D- 05- S- 2 -H -1 -P -2BX (50 watt) and SLPT 30213- 10- S- 2 -H -1 -P -2BX (100 watt). Luminaires and photocells for bracket arms shall be per City of Newport Beach Standard 201 -L. Orientation of luminaires shall be as directed by the Engineer. VI. PULLBOXES Pullbox covers shall be marked "street light" New pullboxes shall be per City of Newport Beach Standard Plans 204 -L and 205 -L. Pullbox and pullbox covers shall be concrete unless otherwise noted on plans. Pullboxes identified as traffic bearing shall be installed per City of Newport Beach Standard Plans 204 -L and 205 -L. Pullbox covers for traffic bearing locations shall be Armorcast (AC001922SORT, w/"Electric ") composite. VII. FUSEHOLDERS Double fuseholders shall be installed in the pullbox. The fuseholders shall be furnished with fuses appropriate to the connected lamp wattage. The fuseholders shall be Tron #HEX -AA or equal installed per City Standard Plan 205 -L and approved by the Engineer. All splicing of wiring shall be C -TAP method, as per Thomas & Betts, installed with manufactures approved tools. VIII. CONDUIT AND CONDUCTORS Conduit shall be installed in the locations shown on the plans either by open trench or boring methods. Unless otherwise shown, the conduit shall be installed behind the curb in accordance with City Standard Plan 101 -L. All underground conduit shall be 1 -114 or 1 -112 B -12 • i inch diameter Schedule 40 PVC (except as indicated on the plans). Care shall be taken to avoid damage to the conduit during installation. A. Conductors Insulated conductors shall be stranded copper conforming the AWG wire size shown on the drawings. The insulation of each conductor shall be a different solid color. The conductor color codes shall be indicated on the construction plans without duplication in any conduit run concurrent with additional circuits. Existing color codes shall be matched. White and gray colors are not allowed. The bare ground wire shall be solid bare 'copper, No. 8 AWG. B. Jacking of PVC Conduit PVC conduit shall not be used for drilling or jacking unless a hole larger than the conduit is pre -drilled and the conduit is installed by hand C. Trenching of PVC Conduit When PVC conduit is placed in a trench, after the bedding material is placed and conduit is installed, the trench shall be backfilled with select material and compacted to not less than 90 percent relative compaction. IX. PROTECTION AND REPLACEMENT OF IMPROVEMENTS The Contractor shall protect all existing improvements, including landscaping. If any existing improvements are damaged, or it is necessary to remove them to allow for the installation of the new facilities, they shall be replaced in kind. Existing landscaping may be trimmed or pruned to allow access to existing pole foundations. Trimming or pruning shall be done carefully so as to minimize damage to the remainder of the plant, shrub, or tree. When sidewalk is removed it shall be sawcut and replaced to score lines or joints. The finish and color of the replaced sidewalk shall match the existing. The Contractor shall relocate, repair, replace, or re- establish all existing improvements within the project limits which are not designated for removal (e.g., curbs, sidewalk, driveway, fences, wall, sprinkler systems, signs, utility installation, pavements, structures, etc) which are damaged or removed as a result of his operations or as required by the Plans and Specifications. All costs to the Contractor for protecting, removing, restoring, relocating, repairing, replacing, or re- establishing existing improvements shall be included in the amount bid for each item. Any existing street light foundations to be reused shall not be damaged during removal of existing poles. Damaged foundations shall be completely removed and reconstructed per the details on the plans. B -13 C� X. SALVAGE The following material shall be salvaged: 0 All porcelain lamp bases, sockets, luminaires, and cast iron globe holder. 2. Street light standards, unless otherwise determined by the Engineer. Items deemed unsuitable for salvage by the Contractor shall be reported to the Engineer prior to removal. The Contractor shall deliver all salvaged material to the City's Utilities Yard at 949 West 16th Street. The Contractor shall be responsible for protecting all salvaged material against damage until it is delivered at the City Yard. The Contractor shall provide at least 24 hours advance notice of intent to deliver salvaged materials. XI. CONSTRUCTION DETAILS A. Removals Existing PCC and AC improvements shall be sawcut a minimum of 2- inches deep prior to removal. Final removal at the sawcut lines using equipment such as hard -blow pavement breakers and /or stompers shall not be allowed. Should the Contractor damage the sawcut edge during or after removal, the damaged edge shall be removed by additional sawcutting and replaced at the Contractor's sole expense. Pavement and unsalvageable materials that are removed shall become the property of the Contractor and shall be disposed of at the Contractor's expense in a manner and at a location acceptable to cognizant agencies. All costs for providing removal and disposal shall be included in the unit price bid for that item of work. 2. Adjacent Improvements. The Contractor shall be responsible forthe protection of public and private improvements adjacent to the work. Any salvageable bricks removed shall be neatly stacked on the owner's property. Additionally, the Contractor shall use appropriate construction methods and equipment to assure the protection of existing landscape, driveways, and parkway treatments immediately adjacent to the existing curb. If, during construction, damage occurs to said landscape, driveways or parkways, the Contractor shall be responsible for restoring same to its condition prior to construction. The Contractor may anticipate a certain amount of interfering parkway sprinkler pipe breakage associated with sidewalk and curb and gutter replacement. In anticipation of sprinkler breakage, the Contractor shall notify the respective property owner, in advance, a minimum of 2- working days prior B -14 to excavation to locate the sprinkler's on /off valve and to make arrangement for testing /approving the repairs. Such breakage shall be repaired, restored, and backfill to 90 percent compaction by the Contractor, 72 hours after breakage as an incidental item of work. 3. The Contractor shall remove all unstable subgrade. The locations and depth of unstable subgrade removal may vary; hence, the areas and depth shall be determined during construction by the Engineer. B. PCC Replacement The Contractor shall grade, form, and finish all PCC replacements to match the appearance of the adjoining PCC improvements. In addition, the Contractor shall remove and dispose of all AC /PCC patches and ramps upon sidewalk panels adjoining those sidewalk panels which are to be reconstructed. 1. Sidewalk and curb access ramps shall be opened to pedestrian use on the day following concrete placement. In addition, all forms shall be removed, sprinklers shall be repaired, and backfill or patchback shall be placed within 72 hours following concrete placement. 2. PCC replacements subject to vehicle loads (e.g., cross gutters and curb and gutter along driveways) shall not be opened to vehicle loads until the concrete has cured to minimum strength of 2,000 psi. 3. The Contractor shall install root banier adjacent to reconstructed root damaged PCC sidewalk. The root barrier shall be Root Booster, Shawton Industries (or approved equal) SM 12 by 20 panels to be installed adjacent to the curb and gutter and sidewalk replacement, respectively. A minimum of 6 lineal feet of root barrier shall be installed adjacent to each tree damaged curb and gutter replacement. Root barriers shall be installed per manufacturers recommendations. Payment for installing root barriers shall be included in other items of work. XII AS -BUILT PRINTS The Contractor is required to submit to the Engineer "As- Built' prints prior to the City accepting the installation. The prints shall indicate, in red, all deviations form the contract plans, such as: location of poles, pull boxes and runs, depths of conduit, number of conductors, and other appurtenant work. XIII GUARANTEE The Contractor shall guarantee the entire work constructed by him under this contract and will fully meet all requirements as to quality of workmanship and materials furnished by him. The Contractor shall make, at his own expense, any repairs or replacements made necessary by defects in workmanship or materials furnished by him that become evident within one (1) year after filing of the Notice of Completion of the work and to restore to full compliance with the requirements of these Specifications, any part of the work which, during the one (1) year period, is found to be deficient with respect to any provisions of the Plans B -15 0 0 and Specifications. The Contractor shall make all repairs and replacements promptly upon receipt of written orders from the Engineer. If the Contractor fails to make the repairs and replacements promptly, the City may do the work and the Contractor and his surety shall be liable to the City for the cost. XIV PAYMENT The unit or lump -sum price bid for each item of work shown on the proposal shall be considered as full compensation for labor, equipment, materials, and all other things necessary to complete the work in place, and no additional allowance will be made therefore. The bid items are shown on the proposal. Payment for all necessary work and material for relocation of existing signs or existing street lights shall be included in the unit price for removal and relocation of signs and no additional allowance will be made therefore. Payment for concrete work for street lighting installations shall be included in the various bid items shown for street lighting and shall be considered as full compensation for labor, equipment, materials, and all other things necessary to complete the work in place, and no additional allowance will be made therefore. All materials deemed "equal' shall be submitted to the City at the pre - construction meeting for approval. F:UJsers\PBlMShared\Balboa Village \CONTRACT DOCUMENTS 7 -01%Section B - Lighting- Traffic Signal - New.doc B -16 • i SECTION C SPECIAL PROVISIONS HARDSCAPE AND LANDSCAPE SPECIAL PROVISIONS SECTION C SECTION 201 - -- CONCRETE, MORTAR, and RELATED MATERIALS Add the following subsection to Section 201 of the SSPWC: 201 -8 CONCRETE SITE FURNITURE 201 -8.1 General. Contractor shall provide all labor, materials, tools, equipment, and incidentals to furnish, assemble and install concrete and glasscrete site furniture as indicated on the drawings including but not limited to excavation and backfilling, fine grading, footings, painting, and related appurtenances. 201.8 -2 Submittals. At least thirty (30) days prior to installation, Contractor shall submit shop drawings or manufacturer's cut sheets to the Engineer in triplicate. One (1) set will be returned to the Contractor. SECTION 206 - -- MISCELLANEOUS METAL ITEMS Add the following subsection to Section 206 of the SSPWC: 206 -7 METAL SITE FURNITURE 206 -7.1 General. Contractor shall provide all labor, materials, tools, equipment, and incidentals to furnish, assemble and install metal site furniture as indicated on the drawings including but not limited to excavation and backfilling, fine grading, footings, painting, and related appurtenances. 206.7 -2 Submittals. At least thirty (30) days prior to installation, Contractor shall submit shop drawings or manufacturer's cut sheets to the Engineer in triplicate. One (1) set will be returned to the Contractor. SECTION 212- -- LANDSCAPE and IRRIGATION MATERIALS Delete paragraph 212 -1.1.3 Class "B" topsoil of the SSPWC. Delete paragraph 212 -1.1.4 Class "C" topsoil of the SSPWC. Delete paragraph 212 -1.2.2 Manure of the SSPWC. Add the following paragraphs to Section 212 -1.2.3 Commercial Fertilizer of the SSPWC: (b) Fertilizers shall comply with applicable requirements of the State Agricultural Code and shall be packaged, first grade, commercial quality products identified as to C -1 • • source, type of material, weight and manufacturer's guaranteed analysis. Fertilizers shall not contain toxic ingredients in quantities harmful to human, animal, or plant life. (c) When requested, Contractor shall furnish the Engineer with a Certificate of Compliance stating that the material substantially meets the specifications. Delete all paragraphs under Section 212 -1.2.5 Mulch of the SSPWC except (a) Type I Mulch (ground wood product). Delete paragraphs in Section 212 -1.3 Seed of the SSPWC. Add the following paragraphs to Section 212 -1.4.1 General of the SSPWC: (d) Plant material shall be in accordance with the State Department of Agriculture's regulations for nursery inspections, rules and grading. All plants shall be of No. 1 Grade and have a normal habit of growth, and shall be sound, healthy, vigorous and free of insect infestations, plat diseases, sun scalds, fresh bark abrasions or other objectionable disfigurements. All plants shall have a normal, well - developed branch system and vigorous and fibrous root system which are not pot bound and are free of kinked or girdling roots. (e) Nursery grown stock shall be selected from high quality, well- shaped stock, grown under climatic conditions similar to those in the project locale. Minimum acceptable size of plants specified shall correspond with that normally expected for the species and variety of commercially available nursery stock. Caliper shall be the diameter of the trunk one foot (1') above the ground surface and shall be the determining measurement for trees when indicated. (f) Oversize plants may be used if not root bound, but shall not increase the Contract price. Up to ten percent (10 %) of undersize plants in any one (1) variety and grade may be used; provided they are larger than the average size of the next smaller grade. (g) Scientific and common names conform to customary nursery usage. (h) Types, sizes and quantities of plant materials shall be indicated on the drawings. The plant list shown on the drawings shall be used as a guide only. Contractor shall verify quantities by plan check. (i) Contractor shall provide labor and materials to install trees as provided by the City and as indicated on the drawings. Q) The Engineer reserves the right to refuse or reject any unsuitable plant material. Unsuitable plants shall be removed from the project site and replaced at the Contractor's expense. New plants shall be the same species, variety, size and condition as specified. C -2 0 0 (k) Pruning of plant materials shall not be done prior to delivery. After planting, as directed by the Engineer, pruning shall be limited to the minimum necessary to remove injured twigs and branches, deadwood and suckers. (1) Plant material specified is subject to substitution based upon availability. Substituted materials shall be approved in advance by the Engineer and shall conform to the requirements of those originally specified and be supplied by the Contractor. Replace Section 212 -1.4.5 Sod and Stolons of the SSPWC with the following: (a) Sod shall be grown from high quality propagative material, free from weeds, diseases, and insects, and shall be in accordance with the standards for regulation for nursery inspection of the applicable State of the project. (b) Sod shall be machine cut at a uniform thickness of five- eighths of an inch (5/8 ") (excluding top growth and thatch). Individual pieces shall be cut to the supplier's standard width and length with an allowable deviation of two percent (2 %). Broken rolls or uneven ends will not be acceptable. (c) Sod shall be harvested, delivered and installed within a twenty-four (24) hour period. (d) Contractor shall furnish the Engineer with delivery receipts and a Certificate of Compliance stating that the material substantially meets the specifications. Add the following subsection to Section 212 -1.4 Plants of the SSPWC: 212 -1.4.7 Palms (a) Palm trunk condition shall be free of any scarring or blemishes. (b) Contractor shall remove dead fronds and skin the entire trunk clean to the height of the green fronds. Majority of green fronds shall be removed, leave ten (10) to fifteen (15) at the apex. Remaining fronds shall have thirty to fifty percent (30 % -50 %) of the length cut off and shall be lifted up and tied together in two (2) locations in an upright position with cotton rope of cord of not less than one - quarter inch (1/4 "). Wire will not be permitted. (c) `Pineapple" shall be formed to the satisfaction of the Engineer. Wrap fronds in burlap and keep moist. (d) Pruning shall be done with sterilized reciprocal saws. Chain saws will not be allowed. Saw blades shall be sterilized before and between pruning each frond by immersing the blade in a solution of fifty percent (50 %) household bleach and fifty percent (50 %) domestic water for five (5) minutes. Solution shall be kept up to strength by the regular addition of more bleach. C -3 0 i (e) Defronding and tying shall be completed prior to digging the root ball. (f) Rootball size shall be based upon a 5:1 ratio of brown trunk to rootball diameter. (g) Excavation shall extend below the major root system to minimum depth of four feet (4'). The bottom of the rootball shall be cut off square and perpendicular to the trunk below the major root system. (h) No excavation shall be done closer than twenty -four inches (24 ") to the trunk at the ground level. (i) Rootball shall be wrapped in burlap and kept moist during travel to project site. Delete paragraph 212 -1.5.2 Headers and Stakes of the SSPWC. 212 -3 Electric Materials. Add to this section: "The Contractor shall fumish and install low- voltage palm tree uplights, collar, and fittings (B.K. Electric or approved equal) as detailed on the plans and in accordance with the manufacturer's specifications. Conduit for electric wiring shall be PVC Schedule 40. The Contractor shall submit shop drawings to the Engineer for review and approval, indicating electric conduit layout, low - voltage transformer, connection to the electric service at Palm Street and Oceanfront and any and all materials and equipment necessary to construct a fully functional lighting system." SECTION 303 --- CONCRETE and MASONRY CONSTRUCTION Add the following subsection to Section 303 of the SSPWC: 303 -8 CONCRETE SITE FURNITURE 303 -8.1 Installation (a) Contractor shall install all concrete site furniture in accordance with the manufacturer's recommendations for each item of work and as indicated on the drawings. (b) Staked locations for concrete site furniture shall be approved by the Engineer prior to digging for footings or installation. (c) Portions of wood posts which are to be embedded in earth or concrete shall be brushed before installation with two (2) coats of a non -toxic ceramic coal tar composition which has a rust inhibiting chemical in a water base of homogeneous C -4 0 consistency as approved by the Engineer. Applications which shall extend one inch (1 ") above finish grade. Spraying will not be permitted. (d) Metal components, connections and fastenings shall be free of any burrs or sharp points and edges. (e) Method of repair damaged finished surfaces shall be as approved by the Engineer and shall match the original finish. SECTION 304 - -METAL FABRICATION and CONSTRUCTION Add the following subsection to Section 303 of the SSPWC: 304-5 METAL SITE FURNITURE 304 -5.1 Installation (a) Contractor shall install all metal site furniture in accordance with the manufacturer's recommendations for each item of work and as indicated on the drawings. (b) Staked locations for metal site furniture shall be approved by the Engineer prior to digging for footings or installation. (c) Metal components, connections and fastenings shall be free of any burrs or sharp points and edges. (d) Method of repair damaged finished surfaces shall be as approved by the Engineer and shall match the original finish. SECTION 308 -- LANDSCAPING and IRRIGATION MATERIALS Add the following subsection to Section 308 -1 General of the SSPWC: 308 -1.1 Samples. (a) Samples of fertilizers, organic amendment, and soil conditioners shall be submitted to the Engineer for inspection two (2) weeks prior to incorporation in the work. (b) When requested, Contractor shall furnish the Engineer with a delivery receipt and Certificate of Compliance stating that the material substantially meets the specifications. C -5 0 0 308 -1.2 Existing Plant Material. Existing plant material to remain and be protected shall be tagged on site during a site walk with Engineer. 308 -1.3 Boxing and Relocating Existing Plant Material (a) Existing plant material to be boxed (or burlaped in the case of palms) shall be tagged on site during a site walk with Engineer. (b) Contractor shall perform any necessary or required pruning work on existing plants in accordance with the International Society of Arboriculture Western Chapters Pruning Standards and ANSI Z133.3 as directed by the Engineer. Dead wood larger than one -half inch (1/2 ") in diameter, branches extending over the paved areas and which hang within eighteen feet (18') of finish surface and diseased branches shall be removed. Stubs, improper cuts, and broken limbs shall also be removed. Pruning efforts shall give the plant proper shape and a balanced appearance. "Headback" cuts at right angles to the line of growth shall not be permitted. Trees shall not be poled or the leader removed, nor shall the leader be pruned or "topped off'. Wounds shall be cleaned and left open to the elements to heal naturally. (c) Salvaged materials to be relocated shall be stored on site in a location as designated by the Engineer and properly maintained until time for re- planting in their new locations as indicated on the drawings. The Engineer will designate specific locations for replanting. Excess trees not designated for replanting shall become the property of the Contractor and removed from the worksite. Add the following to Section 308 -2.2 Trench Excavation and Backfill of the SSPWC: 308 -2.2.2 Soil Preparation for Sod Areas (a) The following amendments, or approved equal, shall be mechanically spread and uniformly cultivated into the upper six inches (6 ") per 1,000 square feet of soil by suitable equipment operated at approximately right angles in at least two (2) directions: 4 CY Nitrogen stabilized organic amendment 150 LBS Gro -Power Plus 100 LBS Agricultural gypsum (b) Materials shall be spread at a uniform rate. Quantities of materials shall be verified by delivery tickets furnished to the Engineer, before spreading and after delivery to the site. (c) Resulting soil shall be clean, in a friable condition and suitable for planting. 308 -2.2.3 General Backfill (a) The following amendments or approved equal, shall be incorporated as backfill for general planting: 1 • • 6 parts by volume On -site soil 4 parts by volume Nitrogen stabilized organic amendment 17 LBS per CY of mix Gro -Power Plus 1 LB per CY of mix Iron sulfate 10 LBS per CY of mix Agricultural gypsum (b) Backfill shall be machine -mixed and approved by the Engineer prior to incorporation in planting pits. 308 -2.2.4 Backfill for Palms. Backfill for palms should be 100% washed plaster sand. For each cubic yard of sand, blend two (2) pounds of commercial palm fertilizer prior to placement in planting hole, such as Lutz Palm Tree Spikes (phone no. 815 -732- 2383). Add the following subsection to Section 308 -2 Earthwork and Topsoil Placement of the SSPWC: 308 -2.5 Weed Abatement (a) Contractor shall operate the irrigation system to keep planting areas uniformly moist for a period of two (2) weeks (14 calendar days). At the end of the two (2) week period, Contractor shall spray all visible weeds with an approved non- selective, post emergent herbicide per Engineers approval. Application rate and method shall be as recommended by the manufacturer. After spraying, planting areas shall remain unwatered for a minimum of forty-eight (48) hours. Application shall meet all County and State laws and regulations. (b) After fourteen (14) calendar days from the chemical application, weeds and debris shall be disposed of off site. (c) Contractor shall apply spray chemicals when air currents are still; preventing drifting onto adjoining property and preventing any toxic exposure to persons whether or not they are in or near the project. (d) After weed abatement operations, and as determined by the Engineer, planting areas shall be scarified to a depth not to exceed one inch (1 ") in sodded areas and two inches (2 ") for ground cover areas. Engineer shall approve weed abatement operations prior to planting. Add the following paragraphs to Section 308 -4.1 General of the SSPWC: (e) Plant material shall be delivered with legible identification labels, handled and stored adequately to maintain a healthy condition, protecting them from drying out, windburn or any other injury. Container plant material shall not be picked up by stems or trunks. (f) Inspection of plant materials required by City, County, State or Federal authorities shall be the responsibility of the Contractor. Secure permits or certificates prior to delivery of plants to project site. When requested, Contractor shall furnish Engineer with copies of such permits and certificates. [17 0 0 308 -4.1.2 Storage of Palms (a) Contractor shall not free -fall, drag, roll, or abuse the palm or put a strain on the crown at any time. A protective device shall be used around the trunk of the palm while lifting. (b) Rootball shall not be left exposed to direct sunlight or air. (c) Should palms not be planted the day they arrive, Contractor shall protect the crowns and rootballs from the sun and reflected heat from the ground. (d) Palms shall be laid in a single layer on a flat surface. Avoid storing on concrete or asphaltic concrete surface. (e) Covering material shall be equivalent to a 90% shade cloth or burlap. Plastic or rubberized tarpaulins shall not be permitted. (f) In no case shall palms be stored for more than forty-eight (48) hours. Replace Section 308 -4.6 Plant Staking and Guying of the SSPWC with the following: Stake trees at time of planting with Reddy Stake, or approved equal, as indicated in the details on the drawings. Delete Section 308 -4.8.2 Seed of the SSPWC. Delete Section 308 -4.8.4 Stolon of the SSPWC. Delete Section 308 -4.9 Erosion Control Planting of the SSPWC. Add the following to Section 308.4 Planting of the SSPWC: 308 -4.10 Palm Installation (a) Palms shall be planted when weather and soil conditions are suitable in accordance with accepted arboricultural practices, preferably between mid April and mid June. (b) Top of the rootball shall have the same elevation to adjacent grades that it had in the original growing field. (c) Root growth stimulant shall be equally distributed around the rootball and waterjetted into the backfill when the backfilling is between one -half (1/2) and two- thirds (213) up the rootball. Stimulant shall be Vitamin B -1 as manufactured by Cal- liquid, Cooke, Chican or Ortho. Application rate shall be as recommended by the manufacturer. (d) The manila strings tying the palm fronds shall be cut forty-five (45) to sixty (60) calendar days after planting during the summer months and ninety (90) calendar days during the winter months. ,W, 0 • (e) Contractor shall not trim palms for thirty (30) calendar days after untying. 308 -4.11 Guarantee (a) Contractor shall guarantee in writing the work and plant materials for one (1) year after installation and acceptance by Engineer based upon a mutually agreed upon date. (b) Replacement plant material shall be of the same species, variety, size and condition as indicated on the drawings and specified herein. (c) Thirty (30) day Plant Establishment Period and sixty (60) day Post - Installation Maintenance Period shall be in accordance with Section 308 -6, Maintenance and Plant Establishment, of the latest edition of the SSPWC. C -9 0 SECTION D 9 SPECIAL PROVISIONS IRRIGATION 0 0 SPECIAL PROVISIONS SECTION D ADDENDUM TO THE STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION (2000 EDITION) FOR IRRIGATION SPECIFICATIONS PART TWO — CONSTRUCTION MATERIALS SECTION 212 — 2 IRRIGATION MATERIALS 212 -2.1.3 Plastic Pipe for Use with Solvent Weld Socket or Threaded Fittings. Replace the first sentence in the second paragraph with the following: "Schedule 40 pipe shall be used for installation on the discharge side of the control valves. Schedule 40 pipe shall be used for installation on the pressurized supply line of the control valves when the pipe size is (1 1/4 inch) or less. Class 315 pipe shall be used for installation on the pressurized supply side of the control valves when the pipe size is 50mm (11/2 inch) or greater Piping shall conform to ASTM D2241. Valves shall be restrained when static line pressure exceed 80 PSI." The following paragraphs shall be added at the end of the subsection: °AII PVC pipe must bear the following markings: 1. Manufacturers name 2. Nominal pipe size 3. Schedule or class 4. Pressure rating in P.S.I. 5. NSF (National Sanitation Foundation) approval 6. Date extrusion 7. U.P.C. shield logo (IAPMO approval) All fittings shall bear the manufacturer's name or trademark, material designation, size, applicable I.P.S. schedule and NSF seal of approval. Solvent cement and primer for PVC solvent -weld pipe and fittings shall be of type recommended by the manufacturer, and shall follow installation methods prescribed by the pipe manufacturer." 212 -2.2.2 Gate Valves. Replace section title with "Ball Valve." The text of this subsection shall be deleted and replaced with the following: °AII valves shall be as identified on Construction Documents and per City review and approval." 212 -2.2.4 Remote Control Valves. Add the following after paragraph number one: "Remote control valve manufacturer and sizes shall be as indicated in plans and legend" D-1 212- 2.2.6. Quick Coupling Valves and Assemblies Replace the words, "19mm (3/4 ")" in the first sentence of the first paragraph with "25mm (f- inch) ". 212 -2.2.7 Valve Boxes Replace all text in this section with the following: "Valve boxes shall be fabricated from a durable, weather- resistant plastic material resistant to sunlight and chemical action of soils. The valve box cover shall be secured with a hidden latch mechanism or bolts. The cover and box shall be capable of sustaining a load of 1,500 pounds. Valve box extensions shall be by the same manufacturer as the valve box. Automatic control valve boxes shall be 18 "x12 "x12" rectangular size. Valve box covers shall be marked "RCV" with the valve identification number "heat branded" onto the cover in 2 inch high letters / numbers. Gate valve and quick coupler valve boxes shall be 10" circular size. Valve box covers shall be marked with either "BV" or "QCV" "heat branded" onto the cover in 2 inch high letters." Add the following new sub - section. 212 -2.2.8 Master Control Valves 'The master control valve manufacturer and size shall be as indicated on plan and legend." 212 -2.4 Sprinkler Equipment The text of this subsection shall be deleted and replaced with the following: "Irrigation bodies and nozzles shall be as indicated on plan and legend. Substitutions shall not be allowed unless by written authorization from the City Inspector. Irrigation bodies and nozzles shall feature low head drainage, pressure regulating and pressure compensating features. Unless otherwise approved, all pop -ups and fixed riser assemblies shall consist of plastic and stainless steel materials. Smaller radii turf irrigation equipment shall consist of 6 pop -ups. All smaller radii shrub and groundcover irrigation equipment shall consist of 12 pop -ups, unless otherwise approved by the City. Smaller radii equipment are those components which irrigate within and under a radius of 22 feet." SECTION 212 -3 ELECTRICAL MATERIALS 212 -3.2.1 Conduit Replace all text in this section with the following: "Conduit and sweeps shall be Schedule 40 PVC, gray in color and specifically manufactured for use as electrical installation. The conduits shall be sized twice the diameter of the wire bundle to be carried within. All ends of conduit in valve and pull boxes shall be sealed using a AVA 0 0 waterproof material that can be easily removed from the conduit openings for the purpose of pulling wire through the conduit." 212 -3.2.2 Conductors Add the following sentences to this section: "Low voltage control wires shall have a single solid copper conductor with colored PVC coating. The pilot control wires shall be color coded a specific color per controller and the common wires color coded white with a strip matching the color of the pilot wires. The electrical system shall be installed in accordance with the National Electrical Code most recently adopted by the City. Connections between the automatic controllers and the electric control valves shall be made with direct burial copper wire AWG -U.F. 600 volt. Pilot wires shall be a different color wire for each automatic controller. Common wires shall be white with a different color stripe for each automatic controller. Install in accordance with valve manufacture's specifications and wire chart. In no case shall wire size be less than #14. Wiring shall occupy the same trench and shall be installed along the same route as pressure supply or lateral lines wherever possible. Install wires inside Schedule 40 Conduit anywhere it is not possible to place in pipe trench, or where wires must go under pavement. Conduit size shall be large enough to contain all necessary wires. Where more than one (1) wire is placed in a trench, the wiring shall be taped together at intervals of ten (10) feet. An expansion curl should be provided within three (3) feet of each wire connection and at least every one hundred (100) feet of wire length on runs more than one hundred (100) feet in length and also at each change of direction. Expansion curls shall be formed by wrapping at least five (5) ruins of wire around a one -inch diameter pipe, then withdrawing the pipe. All splices shall be made with Pen -rite wire connector, or approved equal. Use one splice per connector sealing pack. Feld splices between the automatic controller and electrical control valves will not be allowed without prior approval of the City." 212 -3.3 Controller Unit Add the words, "16 gauge stainless steel" between the words, °weatherproof" and "enclosure" in third sentence of the section. Add the following sentence to this section: 'Additional control system equipment such as flow meters, rain sensors and moisture sensors shall be of the types and sizes shown on the Plans." PART THREE — CONSTRUCTION METHODS SECTION 30 8-2 EARTHWORK AND TOPSOIL PLACEMENT 30 8-2.2 Trench Excavation and Backfill Replace the text in "2)" with the following: D-3 0 • "Mainlines 64mm (4 ") and smaller — 914mm (36 inches) under paving and roadways." Replace the text in "3)" with the following: "Lateral sprinkler lines for spray systems — 300mm (12 inches) ((914mm (36 inches) under paving (914mm (36 inches) under roadways SECTION 308 - 5 IRRIGATION SYSTEM INSTALLATION 308 -5 -1 General. The following paragraphs shall be added after paragraph three: "Due to the scale of drawings, it is not possible to indicate all offsets, fittings, sleeves, etc., which maybe required. The Contractor shall carefully investigate the structural and finished conditions affecting all of his work and plan his work accordingly, furnishing such fittings, etc., as may be required to meet such conditions. The work shall be installed in such a manner as to avoid conflicts between planting and architectural features, etc. All work called for in the drawings by notes or details shall be furnished and installed whether or not specifically mentioned in the specifications. The Contractor shall not willfully install the irrigation system as shown on the drawings when it is obvious in the field that unknown obstructions, grade differences, or discrepancies in area dimensions exist that might not have been considered in engineering. Such obstructions or differences should be brought to the attention of the Engineer. In the event this notification is not performed, the irrigation contractor shall assume fill responsibility for any revisions necessary and shall perform such at his own expense." The following paragraph shall be added at the end of the subsection: "Temporary Repairs. The City reserves the right to make temporary repairs as necessary to keep the irrigation system in operating condition. The exercise of this right by the City shall not relieve the Contractor of his responsibilities under the terms of the guarantee as herein specified." 308 -5.2.1 General. The following sentences shall be added at the end of paragraph four: "A minimum of twelve (12) inches clearance shall be maintained between irrigation pipelines and non - irrigation pipelines /conduits." The following paragraphs shall be added at the end of the subsection: "PVC Sleeves shall be required under areas where all hardscape materials shall be installed. Sleeving shall be done per detail on Project Plans." 308 -5.2.3 Plastic Pipeline Replace the third paragraph with the following: D-4 1J 0 "All solvent welding of PVC pipe and fittings shall be a two step process, using primer and solvent cement applied per the manufacturers recommendations. Cement shall be of a fluid consistency, not gel -like or ropy. Solvent cementing shall be in conformance with ASTM D2564 and ASTM D2855." Replace the seventh paragraph with the following: "No contractor thread cutting of Schedule 80 PVC fittings shall be allowed. All Schedule 80 nipples and risers shall have manufacturer molded threads." The following shall be added to the end of paragraph one, "PVC to metal connections shall only be accomplished by PVC male adapters screwed into metal fittings. Teflon tape shall be used on all threaded PVC to PVC, and on all threaded PVC to metal joints. Light wrench pressure is all that is required." The following paragraph shall be added following paragraph four. "Handling of PVC Pipe and Fittings. The Contractor is cautioned to exercise care in handling, loading, unloading, and storing of PVC pipe and fittings. All PVC pipe are to lie flat and not to be subjected to undue bending or concentrated external load at any point. Any section of pipe that has been dented or damaged will be discarded and, if installed, shall be replaced with new piping. Pipe and fittings shall not be stored in direct sunlight." 308 -5.3 Installation of Valves, Valve Boxes, and Special Equipment Replace the third paragraph with the following: "Ball valves shall be the same size as the pipeline in which they are installed for 2" pipeline and smaller, for 21/2" pipeline use 2" ball valve. Downstream piping from the control valve shall be. the size indicated on the Plans. Use PVC reducing bushings as required to change between control valve sizes and pipe sizes." Replace the word "Gate" in the first and second sentence of the fourth paragraph with the wont "Ball ". Replace the words "covered concrete" in the second sentence of the fourth paragraph with the words "plastic valve ". Replace the first sentence of the fifth paragraph with the following: "All quick coupler valves shall be installed inside plastic valve boxes, no quick coupler valves shall be installed projecting above grade" Replace the words "covered concrete" in the second sentence of the fifth paragraph with the words "plastic valve". Eliminate the third sentence in the fifth paragraph: Replace the word "double" in the fourth sentence of the fifth paragraph with the word "triple ". D -5 308 -5.4.2 Location, Elevation and Spacing Eliminate the fourth and fifth paragraphs in this section. 308 -5.4.3 Riser and Nozzle Line Installation Replace the second through seventh paragraphs in this section with the following: "Sprinkler heads shall be installed on triple swing joint assemblies. Triple swing joint assemblies shall be pre - assembled units manufactured of PVC joints and pipe with double ti- ring seals. The lay length of the swing joint shall be a minimum of 150mm (6"). No contractor assembled swing joints or Marlex fittings shall be allowed. Sprinkler swing joints shall be sized per the inlet of the sprinkler on which they are to be used. Quick coupler swing joint assemblies shall be pre - assembled triple swing units manufactured of PVC joints and pipe with double o -ring seals. Swing joints shall have a 25mm (1 ") brass MIPT outlet, for the connection to the quick coupler, and a 25mm (1 ") PVC MIPT connection on the inlet side of the assembly. Swing joint shall have an integral collar with holes for the installation of two No. 13M (No. 4) reinforcing steel rods to support the quick coupler." 308 -5.4.4 Sprinkler Head Adjustment Add the following sentence to this section: "Sprinkler heads shall be adjusted to eliminate overspray onto adjacent paving, brick dust, play surfaces or other non - planted areas." 308 -5.5.1 Automatic Control System Installation Replace the word "concrete" in both instances in the second sentence of the third paragraph with the word "plastic". Replace the words "galvanized steel" in the first sentence of the fourth paragraph with the words "Schedule 40 PVC ". 308 -5.6.1 General The following paragraph shall preface the subsection: "Flushing of the lines shall be done before quick coupling valves and remote control valves are in place. All open ends shall be piped (temporarily to exhaust flushing water up and out of the trenches.)" No water will be permitted to fall into the trench. Flushing procedure will be to first open the ports nearest the source, then recap, and move progressively towards the end of the line, with only one open port flushing at anyone time. Amend the last sentence of the first paragraph by adding, "and approved in writingm at the end of the sentence. 0 0 9 Add the following to the end of the subsection: 'When the irrigation system is completed, a coverage test shall be performed in the presence of the City inspector to determine if the water coverage for planting areas is complete, adequate, and avoids overspray onto walks, roadways, and buildings as much as possible. The Contractor shall furnish all materials and perform all work required to correct any inadequacies of coverage due to deviations from the Drawings, or where the system has been willfully installed as indicated on the Drawings when it is obviously inadequate, without bringing this to the attention of the City inspector. This test shall be accomplished before any ground cover is planted. The Contractor shall request the presence of the City in writing at least forty -eight (48) hours in advance of testing. The Contractor shall flush and adjust all sprinkler heads for optimum performance and to prevent overspray onto walks, roadways, and buildings as much as possible." 308.6.2 Charts, Manuals, and Drawings Subsection is hereby added to subsection 308-6 of the Standard Specifications as follows: 308 -6.2.1 As -Built Drawings Contractor shall provide City Representative with "as -built mylars" and as -built AutoCAD r14 dwg files at the completion of the project at no additional cost to the City. Contractor shall dimension from two (2) permanent points of reference, building comers, sidewalk or road intersections, etc., the location of the following items: 1. Ball valves 2. Sprinkler control valves 3. Routing of control wiring 4. Quick coupling valves 5. Other related equipment as directed by the City 6. Significant changes in routing of lateral lines from those indicated on the plans Delivery. On or before the date of the final inspection, the Contractor shall deliver the corrected and completed Mylar aperture cards to the City. Delivery of the final Mylar will not relieve the Contractor of the responsibility of furnishing required information that may be omitted from the prints. 308 -6.2.2 Controller Charts As -built drawings shall be approved by the City before the Contractor prepares the controller charts. Provide one controller chart for each controller supplied. In the case that no controller is provided, the Contractor shall prepare a new controller chart utilizing any existing system that is being protected, as well as any new systems on line, for the existing controller(s). The chart shall show the area controlled by the automatic controller and shall be the maximum size which the controller door will allow. The chart is to be a reduced drawing of the actual as -built system. However, in the event the controlled sequence is not legible when the drawing is reduced, it shall be enlarged to a size that will be readable when reduced. D -7 0 0 The chart shall be a blackline or blueline print and a different color shall be used to indicate the area of coverage for each station. When completed and approved, the Contractor shall hermetically seal the chart between two pieces of plastic, each piece being a minimum of 10 mils thick. These charts shall be completed and approved prior to final inspection of the irrigation system. 308 -6.2.3 Manuals Operation and Maintenance Manuals. Prepare and deliver to the City within ten (10) calendar days after substantial completion of the project, three (3) hard cover binders with three rings containing the following information: 1. Index sheet stating Contractor's address and telephone number and list of equipment with name and address of local manufacturer's representatives. 2. Catalog and parts sheets on every material and equipment installed under this contract. 3. Guarantee statement. The guarantee for the sprinkler irrigation system shall be made in accordance with the attached form. The Contractor shall file a complete copy of these specifications along with the guarantee prior to the acceptance of the irrigation system by the City. A copy of the guarantee form shall be included in the operations and maintenance manual. The guarantee form shall be retyped onto the Contractor's letterhead per attached form. 4. Complete operating and maintenance instructions on all major equipment. In addition to the above mentioned maintenance manuals, provide the City's maintenance personnel with instructions for major equipment and show evidence in writing to the City at the conclusion of the project that this service has been rendered. 308 -6.3 EQUIPMENT 308 -6.3.1 Loose Equipment to be Furnished. The following subsection shall be added (confirm each item with the City Inspector prior to actual tum- over): The Contractor shall supply as a part of this contract the following tools: 1. Two (2) sets of special tools required for removing, disassembling and adjusting each type of sprinkler and valve supplied on this project. 2. Two (2) five foot valve keys for operation of gate valves. 3. One (1) quick coupler key and matching hose swivel for every five (5) of each type of quick coupling valve installed. 4. Six (6) spray nozzles of each type specified on the legend. 5. Twelve (12) spray bodies of each manufacturer specified on the legend. 6. Two (2) rotors of each manufacturer specified on the legend. EDIE 7. Two (2) gate valves - line sized - as specified on the legend. 8. Two (2) keys each for controller and controller enclosure doors. The above - mentioned equipment shall be turned over to the City at the conclusion of the project before final inspection can occur, evidence that the City has received material must be shown to the City Representative. 308 -7 GUARANTEE The text of the subsection shall be deleted and replaced with the following: The guarantee period shall begin at completion of maintenance or date of substantial completion as per the Engineer, whichever is later. Upon acceptance, all planting, irrigation, earthwork and trenches shall be guaranteed by the Contractor for a period of one year against defects in materials and workmanship. Any settling of backfill trenches which may occur during the one year guarantee period shall be repaired to the City's satisfaction by the Contractor without expense to the City, including the complete restoration of damaged planting, paving, or other improvements of any kind. The Contractor, within fifteen (15) days of notification by the Engineer, shall remove and replace all guaranteed plant materials which, for any reason, fail to meet the requirements of the guarantee. Replacement shall be made with plant materials as indicated or specified for the original planting and all such replacement materials shall be guaranteed as specified for the original guaranteed materials. M 0 • SECTION E SPECIAL PROVISIONS LITHOCRETE ARCHITECTURAL CONCRETE PAVEMENT AND SIDEWALK SPECIAL PROVISIONS SECTION E PART 1 GENERAL 1.1 GENERAL CONDITIONS 0 A. Requirements of the Contract Documents shall apply to work in this Section with the same force and effect as though repeated in full herein. 1.2 SCOPE OF WORK A. The Contractor shall furnish materials, labor, transportation, services, and equipment necessary to furnish and install Lithocrete® architectural concrete paving incorporating the patented Lithocrete® process as indicated on the plans and as specified herein. B. Work included in this Section: 1. Installation of sand subbase. 2. Installation of reinforcing steel. 3. Installation of wood formwork. 4. Installation of Lithocrete® architectural concrete installed under U.S. Patents #4,748,788 and #6,016,635. 1.3 QUALITY ASSURANCE A. Testing Agency: The Engineer shall designate a qualified testing agency. B. Analyses: Samples of materials may be taken and analyzed for conformity to this specification at any time. The Contractor shall furnish samples as requested by Engineer. C. Cost of Testing: The City shall pay the costs of initial testing of materials. The Contractor shall pay all costs for re- test(s) due to failure(s) to pass initial test(s). D. Allowable Tolerances: 1. Concrete shall be installed true to line and grade and as indicated on Drawings. The finish surface of concrete paving shall not vary more than % -inch per foot except at grade breaks. No "birdbaths" or other surface irregularities will be permitted. The Contractor shall correct identified irregularities to the satisfaction of the Engineer. E -1 1.4 0 • 2. The Contractor .shall take care in details of forming, setting, reinforcing, mixing and placing concrete exposed in finish work to obtain smooth, even surfaces of dense concrete. 3. Drainage: The Contractor shall be responsible for providing proper drainage, without "birdbaths" on paving surfaces. Discrepancies or omissions on Drawings, or on -site conditions, which prevent proper drainage to be brought in writing to the Engineers attention for direction prior to beginning work.. E. Applicable Standards: The Contractor shall comply with the following: 1. Lithocrete® Personnel Training manual, latest revision February 1998. 2. ACI — American Concrete Institute, "ACI Manual of Concrete Practice ", 2001 edition. 3. Portland Cement Association — "Design and Control of Concrete Mixtures ", 13"' Edition. 4. ASTM — American Society of Testing Materials. 5. AWS — "Welding Reinforcing Steel, Metal Inserts and Connections in Reinforcing Concrete Construction. 5. U.S. patents for Lithocrete® #4,748,788 and #6,016,635. F. Quality Control: The Contractor shall take necessary measures so that quality control is maintained by licensed installers of Lithocrete® throughout duration of project to the satisfaction of the Engineer. SUBMITTALS A. The Contractor shall submit shop drawings and other product data specified herein at least 30 calendar days prior to commencement of construction of Lithocrete® sidewalk or pavement. B. The Contractor shall provide certified mill test reports as to chemical and physical properties of reinforcing bars fumished. C. The Contractor shall submit (1) copy of a Statement of Mix Design prepared by the batch plant servicing Project for each concrete type delivered to Project. The Statement of Mix Design shall contain following information: 1. Name, address, and telephone number of batch plant preparing statement of mix design. 2. Date of mix design. 3. Project location. 4. Contractor requesting load delivery. 5. Mix design number. 6. Integral color used, if any. 7. Gradations for sand and aggregate. E -2 1.5 1.6 8. Material weights, specific gravity, and absolute volumes. 9. Basis of testing, i.e. UBC 2605 D4 and Title 24 2604 D4. 10. Water /cement ratio. 11. Admixtures. 12. PSI rating. 13. Signature of testing laboratory manager. 14. Signed stamp from registered structural engineer or architect. D. The Contractor shall fumish on -site samples at a location designated by the Engineer. 1. At least 30 calendar days prior to construction, the contractor shall, provide (1) 4 -foot x 4-foot x 4 -inch sample of each Lithocrete® paving type specked on Drawings. 2. Each mock -up shall contain joint types as indicated on the Drawings, i.e. construction, contraction, and isolation. 3. The Engineers approved mock -ups shall be the standard for future paving review and approval. 4. The Contractor shall remove mock -ups from site upon completion of Work. E. Extra Stock: The Contractor shall provide an additional 5 percent of each Lithocreteo aggregate type to the City Maintenance Yard for future paving repairs. PRODUCT HANDLING A. Materials shall be stored in a dry and and dowels shall be protected from moisture damage. protected location. Reinforcing steel rusting, deformation, staining, and B. Lithocrete® aggregate shall be kept dry and clean prior to installation. PROJECT CONDITIONS A. The Contractor shall ensure that substrate for concrete paving meets the Engineers approval before beginning work. Discrepancies shall be brought to the Engineers attention._ Work shall not begin until any unsatisfactory conditions have been resolved to the Engineers satisfaction. B. Sequencing and Scheduling of Work: 1. Other Trades Work: a. The Contractor shall coordinate with other trades items that need to be furnished and set in place prior to beginning work. Portions of other trades work to be executed by them so as to not delay progress of Contractors work. E -3 Ir 0 0 b. The Contractor shall be responsible for proper installation of accessories embedded in concrete for provision of holes, vaults, and openings, necessary to execution of other trades work. C. After wood forms have been placed and approved by Engineer, the Contractor shall ensure that other trades have been notified and given sufficient time to complete their portion of work. 1.7 SUBSTITUTIONS A. No paving finishes other than Lithocrete® shall be allowed. 1.8 REVIEW OF SITE A. The Contractor shall visit project site and review existing conditions prior to submitting bid. 1.9 WARRANTY A. Warranty Period: In addition to manufacturer's guarantees for products installed under this Specification, concrete work shall be warranted for one year from date of Final Acceptance against defects in materials and workmanship by Contractor. Warranty shall also cover repair and damage to materials and workmanship to the Engineer's satisfaction. B. Warranty Exception: The Contractor shall not be held responsible for paving failure due to vandalism, or Acts of God during stated warranty period. PART 2 PRODUCTS 2.1 PORTLAND CEMENT A. Type V cement shall be used wherever specked in the Project Soils Report. B. The same brand of cement from a single source shall be used throughout entire project. 2.2 FINE AGGREGATE (washed concrete sand) A. Clean, hard, and durable washed concrete sand, conforming to ASTM C33 shall be used. C. Sand from a single source shall be used throughout entire project. E-4 . 0 0 2.3 COARSE AGGREGATE A. Clean, hard, and durable coarse aggregate, conforming to ASTM C33 shall be used. B. Aggregate from a single source shall be used throughout entire project. 2.4 LITHOCRETE® AGGREGATE A. Refer to the Plans for specified Lithocrete® aggregate type, size, color, and distribution percentage. B. Lithocrete® aggregate from the same source for each paving type specked shall be used throughout entire project. C. Lithocrete® aggregates shall be kept clean and dry prior to broadcasting. 2.5 WATER A. Water shall be free from deleterious materials such as oils, acids, and organic matter. 2.6 ADMIXTURES A. Integral Coloring Admixture (dry pigment): Refer to the Plans for color type and manufacturer. 1. Acceptable Manufacturers: a. L.M. Scofield; (800) 800 -9900 or www.scofield.com. b. Colorfull by Admixtures, Inc.; (626) 357 -3263. C. QC Construction Products; (800) 453 -8213 or www.gconprod.com. d. Davis Colors; (800) 800 -6856 or www.daviscolors.com. B. Integral Coloring Admixture (liquid pigment): Refer to the Plans for color type and manufacturer. 1. Acceptable Manufacturers: a. Solomon Colors: (800) 624 -0261, or www.solomonGolors.com. . b. Davis Colors/LaPorte: (800) 800 -6856, or www.daviscolors.com. C. Set Retarder. Conforming to ASTM C494, Type B and D. 1. Acceptable Manufacturers: E -5 0 a. Grace Construction Products: Daratard ", 17 Set Retarder (800) 433 -0020, or www. graceconstruction .com/concrete /au setretard.html. b. Master Builders, Inc.; Pozzolith" Retarder, (800) 628 -9990, or www.masterbuilders.com/MB/pub/Products.asp?TvpeCat=l &Parent) D =133w. masterbuilders.com. D. Shrinkage Reducing Admixtures: Conforming to ASTM C157. 1. Acceptable Manufacturers: a. Grace Construction Products; Eclipse", (800) 433 -0020, or www.graceconstruction .com/concrete /shrinkage reducers.ht ml#eclipse. 1) Eclipse® Shrinkage Reducing Admixture is a liquid admixture which dramatically reduces concrete shrinkage and curling due to drying. E. Air Entrainment Admixtures: Conforming to ASTM C260. 1. Acceptable Manufacturers: a. Grace Construction Products; Daravair4l, (800) 433 -0020, or www .graceconstruction.com/concrete /air entraining.html#da ravair. b. Master Builders, Inc.; Micro-Air", (800) 628 -9990, or www.masterbuilders.con-dMB/pub/ProducA.asp?TypeCat=2& Pa re ntl D =78& Prod uctl D =22. F. Water Reducing Admixtures: Conforming to ASTM C494, Type A. 1. Acceptable Manufacturers: a. Grace Construction Products; WRDA", (800) 433 -0020, or www .graceconstruction.Gom/concrete /water reducers.html# wrda. b. Master Builders, Inc.; Micro-AirO (800) 628 -9990, or www.masterbuilders.com. 2.7 READY MIXED CONCRETE A. Ready mixed concrete shall be batched, mixed and transported in accordance with ASTM C94 - "Specifications for Ready Mixed Concrete." 2.8 REINFORCING A. Reinforcing Steel shall conform to ASTM A615, clean and free of rust, dirt, grease or oils. B. Tie Wire shall be 16 -gauge galvanized steel conforming to ASTM A82, clean, and free of rust, dirt, grease or oils. 0 0 C. Supports for Reinforcement: ' 1. Supports for reinforcement shall be provided including bolsters, chairs, spacers and other devices for spacing, supporting and fastening reinforcing bars in place. D. Polypropylene Fiber Reinforcement shall be 100 percent virgin multifilament polypropylene fibers, complying with ASTM C 1116 - Type III. 1. Acceptable Manufacturers: a. Fibermesh; Fibermix Stealth®— 1/4" long (423) 892 -8080, or www. fibermesh .com/family /steafth.htm. b. Grace Construction Products; MicroFiberrm (800)433 -0020, or www.graceconstruction .com/concrete /flbers.htmi 2. Application Rate: Per Statement of Design Mix. 2.9 ISOLATION JOINT MATERIALS A. Refer to Section 303 -5.4 — Joint Sealers for isolation joint construction. 2.10 CONSTRUCTION JOINT DOWELS A. Dowels shall be 1 /2- inch - diameter Rebar, free of dirt, grease, and oils. Encase 50 percent of each dowel in a Speed Dowel'"' plastic sleeve to allow parallel lateral movement of each dowel. Contact Greenstreak at (800) 325 -9504, or www. greenstreak .com/speeddowelhome.htm. 2.11 FLY ASH A. ASTM C618 - Type F fly ash shall be used only when specifically called for in Statement of Mix Design. PART 3 EXECUTION 3.1 SUBGRADE A. Subgrade shall meet the requirements of project's soils report. B. The Contractor shall install a 4 -inch layer of graded washed concrete sand compacted to 95 percent relative compaction over subgrade prior to placing concrete. C. Sand shall be screed to a smooth plane. E -7 i • D. The Contractor shall ensure that utilities, including irrigation lines are buried and compacted below bottom of sand layer. E. Sand shall be kept damp prior to placing concrete with no visible standing water present. 3.2 FORM WORK A. The Contractor shall be responsible for design and engineering of formwork as well as its construction. B. Forms shall be constructed accurately to dimensions, plumb and true to line and grade. Formwork shall be set tight and braced so as to maintain position and shape during placement of reinforcing steel and concrete. C. The Contractor shall carefully examine the Plans and provide necessary recesses and openings of proper sizes and shapes. Anchor plates, inserts, and other items to be embedded in concrete shall be secured accurately so that they will not be displaced during concrete placement. D. Form lumber shall be new #2 or better grade wood, free of splits, knotholes, and true to line both horizontally and vertically. E. Formwork shall be set where both horizontal and vertical planes are straight and plumb. F. Forms shall be constructed in such a manner that construction joints occur at locations indicated on Plans. In any case, a maximum of 20 -feet by 20 -feet shall not be exceeded in any given formed construction area. G. Formwork shall be observed carefully and checked for alignment and level as work proceeds and shall be adjusted as necessary and /or as directed by the Engineer. H. Formwork Approval: The Engineer's approval must be attained before placing concrete. I. Formwork shall remain in place long enough for concrete to set properly. Supporting forms shall not be removed until concrete has obtained sufficient strength to supports its own weight without deflection. J. Forms shall be removed when appropriate and discard offsite. 3.3 REINFORCEMENT A. Reinforcement shall be places as indicated on Plans. M 0 0 B. Reinforcement shall be placed accurately and securely. Steel shall be , fastened to prevent displacement before and during placement of concrete. C. Steel bars shall be supported with tie wire and suitable steel bar cradles. D. Reinforcement shall be bent and placed in accordance with ACI standards. E. Steel bars shall be wet to cool prior to placement of concrete. 3.4 DESIGN OF MIXES AND PROPORTIONING A. Proportion and mix of cement, aggregate, admixture and water to attain required plasticity and strength shall conform with the current edition of ACI Manual of Concrete Practice and PCA "Design and Control of Concrete Mixtures." . B. Concrete mixtures shall be designed by an approved commercial testing laboratory, using approved materials to obtain specified minimum compressive strength. C. Concrete Mix Criteria: 1. Slump: a. Maximum: 5- inches. b Minimum: 3-inches. 2. PSI Rating: a. At 7 days: minimum of 2,500. b. At 28 days:. minimum of 4,000. 3. Cement: a. Type: Type II. b. Quantity per yard of mix: 1. Minimum: 6 sacks. 2. Maximum: 7 sacks. 4. Water / cement ratio: .0.63 — 0.67. 5. Fine Aggregate (washed concrete sand): 70 percent of total. 6. Coarse Aggregate: 30 percent of total. 7. Admixtures: a. Air entrainment: Do not exceed 2 percent. b. Shrinkage Reducing: Do not exceed 2 percent by weight of cement. E -9 0 0 8. Fly ash: Use only when seeding reactive Lithocrete® aggregates. 9. Non - Chloride Accelerators: Do not use corrosive accelerators such as calcium chloride. 10. Concrete Delivery: Do not use concrete loads exceeding 90 minutes from time of batching. 11. Ensure that batch plant guarantees single source supply for cement, fine aggregate, and coarse aggregate for entire length of project. 3.4 LITHOCRETE® AGGREGATE INSTALLTION A. Broadcasting of Lithocrete® aggregates shall be performed only through a licensed Lithocrete® installer. B. Lithocrete® process of embedding surface - seeded aggregates incorporates, but is not limited to the following proprietary products: 1. Lithocrete Conditioner"". 2. Lithocrete Etch- RetarderO. 3. LithosealTh' paving surface sealer. 3.5 JOINTING A. The provisions of to ACI 302 "Guide for Concrete Floor and Slab Construction" shall apply to work under this section. B. Contraction Joints: 1. Contraction and construction joints shall be sawcut in locations as indicated on the Plans. 2. Jointing shall be performed with a new diamond tip circular saw. 3. Joint width shall not exceed 3/16 -inch in width. 4. Sawcut Depth: a. Contraction joints shall be 1 14th depth of slab. b. Decorative sawcut joints shall be %2 -inch. 5. Joints shall be sawcut in a straight line with no overcutting at intersections. 6. A hand grinder with a 4 -inch diamond blade shall be used to sawcut up to vertical edges such as walls, steps, curbs and columns. Overcutting into vertical surfaces or adjacent concrete shall be avoided. E -10 0 C. Construction Joints: 1. Construction joints shall be sawcut in locations indicated on the Plans. 2. Jointing shall be performed with a new diamond tip circular saw. 3. Joint width shall not exceed 3/16 -inch in width. 4. Depth of sawcut shall be full depth. 5. Joints shall be sawcut in a straight line with no overcutting. 6. A hand grinder with a 4 -inch diamond blade shall be used to sawcut up to vertical edges such as walls, steps, curbs and columns. Overcutting into vertical surfaces or adjacent concrete shall be avoided. D. Isolation Joints: 1. Install isolation joints and caulking under Section 303 -5.4 of the Greenbook. 3.6 DAMAGED CONCRETE A. Damaged concrete paving shall be replaced at Contractor's expense when damage is done by direct negligence of Contractor. 3.7 CURING AND PROTECTION A. After initial Lithocrete®. aggregate exposure, the concrete shall be cured by continuously sprinkling or fogging paving with water for minimum 7 days. B. Barricades, delineators, safety ribbon, and /or any other measures deemed necessary by the Engineer shall be installed by the Contractor around concrete during the curing period. C. After initial concrete placement, concrete shall be opened to pedestrian traffic within 14 days, and shall be opened for vehicular traffic in 28 days, unless otherwise directed by the Engineer. 3.8 SEALING A. After paving has cured, the Contractor shall seal the surface of Lithocrete® concrete with a minimum of (3) light coats of LithosealT'' paving sealer,.in accordance with the manufacturer's specifications. EAI • • B. Additional sealers to Lithoseaffm shall not be allowed without approval by the Engineer. 3.9 CLEANUP A. The work area shall be kept clean, neat and orderly throughout the duration of the project. . B. Prior to Final Acceptance review by the Engineer, the Contractor shall clean and remove deleterious materials and debris from entire work area. END OF SECTION E -12 1 m N t IL W J D W 2 V N 0 Z a a S o fr e V n E ° ✓° � i m A c • v v c W 3 3 3 3 3 3 3 3 3 3 3 3 3 `o `o io `�o �o `•�o `•�o '•�o $o $o $o ° $o 'm ° Qo m m m m m m to p m F di i°� as _ _ iE s � N q � � LL • O C 1Y C� C O1 L� j h � .9 O I ¢p p O O O O O pp ` m O C� pp Z Z Z 2 �° ° 2 Z 0 U W q p p qp pp qp 8 2 W Np pp N < p w 8 'c " '- i 'c ` 'c ^c a 6S 6. 6a 61 61 6 6- V a a 8 m T n s 1 v a T p p T Jp Z 2 2 i q NF NH N f N Z NH Jig J� J� Jig J J �y g 'a 'v •v 'v •v m e 6 6 L � O r 4 m� Y W 0 0 , !E . - ,. !� �E § ( ( § \ § `/ k' Is . . $ , % \ \ \ \ , I $ | | | | | f | k! k! ■! ■! !! ;! k! | ! » |! e! Mi ! J | } | J | ! | k { | k $ rl a a $ $ a n �fE k w% E %/ $\ ƒ \ § . ¥ / CO CU k \ / 0 §= r§ 0 t9 � ( /CL \ Eƒ 75 CL /k \ \ L0 _= fg3 C 2 2# S§ © —@ 7 ? « 0 U) $ �� ] 0 E �a) oT f \k M 0 CW \ / k k \ \ / 7 § = E a r G §/ o a a§ a§ �M �/( � ( p $� �\ . k , § k CD j � C � § o a) ° ca \ / � / \ \ j \ E /E 2{ « 3 § Leo ca )/ \ 2 § / °_ c= CL \ ® & @ a § G _ CD « I § 2 Co _ E � / / \ d } 'o $ J \(° § o ` ^ E C& kE 2 f + Em, ƒ@ 22 K § k�k eeo , >. a \ / \ � / \ / � \ IV ¥ f& c E c« ± 8 3 f S- _a a �f k/® k C } ��� ®q a§ƒ U ® «\- k § k % # % \ / k ® % B 20 k§� # f 2 Z2$ \k §d§ { )4v§ u ,c £_= e £ Q�E ] 6 3 � / g ) 6 \ & @ < ui w w a w a z ) 0 0 SECTION F SPECIAL PROVISIONS FEDERAL COMPLIANCE POLICIES AND RESPONSIBILITIES 0 FEDERAL COMPLIANCE POLICIES AND RESPONSIBILITIES BALBOA VILLAGE IMPROVEMENTS PHASE 2 CONTRACT NO. 3527 The project pursuant to which the work is covered by this contract is being executed and is being assisted by the United States of America. The Contract provisions embodied in this amendment are deemed included in the Contract. As federal funds are financing all or part of this work, all the statutes rules and regulations, given by the federal government and applicable to the work will apply and Contractor agrees to comply as required. Various of the paragraphs set forth in this amendment are required to be inserted or incorporated into any subcontracts as well as a clause requiring of subcontractors to include these clauses into any lower tier subcontracts. The Contractor or subcontractor shall be required to insert all required paragraphs or clauses and for compliance with the provisions of this amendment by any subcontractor or lower tier subcontractor. 1. ECONOMIC OPPORTUNITIES FOR LOW -AND VERY LOW INCOME PERSONS A. The work to be performed under this Contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 170lu (Section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance to HUD - assisted projects covered by Section 3, shall, to the greatest extent feasible, be directed to low -and very low- income persons, particularly persons who are recipients of HUD assistance for housing. B. The Parties to this Contract agree to comply with HUD's regulations in 24 CFR part 135, which implement Section 3. As evidenced by their execution of this Contract, the Parties to this Contract certify that they are under no Contractual or other impediment that would prevent them from complying with the part 135 regulations. C. Contractor agrees to send to each labor organization or representative of workers with which the Contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or worker's representative of the understanding, if any, a notice advising the labor organization of worker's representative of the Contractor's commitments under this Section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location F -1 0 • of the persons taking applications for each of the positions; and the anticipated date the work shall begin. D. Contractor agrees to include the Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 135. Contractor will not subcontract with any subcontractor where Contract has notice or knowledge that the subcontractor has been found in violation of regulations in 24 CFR part 135. E. Contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the Contractor is selected but before the Contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR part 135 require employment opportunities to be directed were not filled to circumvent the Contractor's obligations under 24 CFR part 135. F. Contractor agrees and understands that noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions, termination of this Contract for default, and debarment or suspension from future HUD assisted Contracts, and G. With respect to work performed in connection with Section 3 covered Indian housing assistance, Section 7(b) of the Indian Self Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under this Contract. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment subcontracts shall be given to Indians, and (H) preference in the award of Contracts and subcontracts shall be given to Indian organizations and Indian -owned Economic Enterprises. Parties to this Contract that are subject to the provisions of Section 3 and Section 7(b) agree to comply with Section 3 to the maximum extent feasible, but in derogation of compliance with Section 7(b). 2. EQUAL OPPORTUNITY CLAUSE. A. The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees F -2 and applicants for employment, notices to be provided setting forth the provisions for this nondiscrimination clause. B. The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. C. The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other Contract or understanding, a notice to be provided, advising the said labor union or workers representative of the Contractors commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. D. The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. E. The Contractor will fumish all information and reports required by Executive Order 11246 of September 24,1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. F. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements. G. Contractor is required to have an affirmative action plan which declares that it does not discriminate on the basis of race, color, religion, creed, national origin, sex or age to ensure equality of opportunity in all aspects of employment. H. Section 503 of the Rehabilitation Act of 1973 (29 U.S.C. Section 701, et. seq.) prohibits job discrimination because of handicap and requires affirmative action to employ and advance in employment handicapped workers.. I. Section 402 of the Vietnam Era Veterans Readjustment Assistance Act of 1974 (38 U.S.C. Section 219 et. seq.) prohibits job discrimination and requires affirmative action to comply and advance in employment (1) qualified Vietnam veterans during the first four (4) years after their discharge and (2) qualified disabled veterans throughout their working life they have a thirty percent (30 %) or more disability. F -3 0 , J. In the event of the Contractor's noncompliance with the nondiscrimination clause of the Contract or.with any of said rules, regulations, or orders, this Contract may be cancelled, terminated, or suspended in whole, or in part, and the Contractor may be declared ineligible for further. government Contracts in accordance with procedures authorized in Executive Order 11246 of September 24,1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. K. The Contractor will include provisions of this Paragraph in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as administering agency may .direct as a means of enforcing such provisions, including sanctions for noncompliance. Provided, however, that in the event of a Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the Contractor may request the United States to enter into such litigation to protect the interests of the United States. 3. FEDERAL LABOR STANDARDS PROVISIONS A. MINIMUM WAGES: All laborers and mechanics employed or working upon the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the Project), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the secretary of Labor under the Copeland Act (29 CFR Part 3), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at the time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any Contractual relationship which may be alleged to exist between the Contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under Section 1(b)(2) of the Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5.5(a)(1xiv); also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, which cover the particular F-4 • weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR Part 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein, provided, that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under 29 CFR Part 5.5(a)(1 xii) and the Davis -Bacon poster (WH -1321) shall be posted at all times by the Contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. Any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the Contract shall be classified in conformance with the wage determination. HUD shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: The work to be performed by the classification requested is not performed by a classification in the wage determination; and 2. The classification is utilized in the area by the construction industry; and 3. The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. If the Contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and HUD or its designee agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by HUD or its designee to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, D.C. 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30 day period that additional time is necessary. (Approved by the Office of Management and Budget under the OMB control number 1215 - 0140). In the event the Contractor, the laborers or mechanics to be employed in the classification or their representatives, and HUD or its designee do not F -5 0 • agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), HUD or its designee shall refer the questions, including the views of all interested Parties and the recommendation of HUD or its designee, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30 day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1215 - 0140). The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (1)(b) or (c) of this paragraph, shall be paid to all workers performing work in the classification under this Contract from the first day on which work is performed in the classification. Whenever the minimum wage rate prescribed in the Contract for a class of laborers or mechanics includes a fringe benefits which is not expressed as an hourly rate, the Contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. If the Contractor does not make payments to a trustee or other third person, the Contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, provided, that the Secretary of Labor has found, upon the written request of the Contractor, that the applicable standards of the Davis -Bacon Act have been met. The Secretary of Labor may require the Contractor to set aside in a separate account assets for the meeting of obligations under the plan or program (Approved by the Office of Management and Budget under OMB Control Number 1215 - 0140). B. WITHHOLDING: HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the Contractor under this Contract or any other Federal Contract with the same prime Contractor, or any other Federally - assisted Contract subject to Davis -Bacon prevailing wage requirements, which is held by the same prime Contractor so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees and helpers, employed by the Contractor or any subcontractor the full amount of wages required by the Contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee or helper, employed or working on the site of the work (or under the United States Housing Act of 1937 or under the Housing act of 1949 in the construction or development of the Project), all or part of the wages required by the Contract; HUD or its F-6 0 0 designee may, after written notice to the Contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased, HUD or its designee may, after written notice to the Contractor, disburse such amounts withheld for and on account of the Contractor or subcontractor to the respective employees to whom they are due. The Comptroller General shall make such disbursements in the case of direct Davis -Bacon Act Contracts. C. PAYROLLS AND BASIC RECORDS: Payrolls and basic records relating thereto shall be maintained by the Contractor during the course of the work preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work (or under the United States Housing Act of 1937, or under the Housing act of 1949, in the construction or development of the Project). Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in Section 1(bx2)(B) of the Davis -Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in Section 1(bx2XB) of the David -Bacon Act, the Contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of the apprentices and trainees, and the ratios of the wages rates prescribed in the applicable programs. (Approved by the Office of Management and Budget under OMB Control Numbers 1215 -0140 and 1215 -0017). The Contractor shall submit weekly for each week in which any Contract work is performed a copy of all payrolls to HUD or its designee if the agency is a party to the Contract, but if the agency is not such a party, the Contractor will submit the payrolls to the applicant, sponsor, or owner, as the case may be, for transmission to HUD or its designee. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR Part 5.5(ax3)(i). This information may be submitted in any form desired. Optional Form WH -347 is available for this purpose and may be purchased from the Superintendent of Documents (Federal Stock Number 029 - 005- 00014- F -7 0 0 1), U.S. Government Printing Office, Washington, DC: 20401. The prime Contractor is. responsible for the submission of copies of payrolls by all subcontractors. (Approved by the Office of Management and Budget under OMB Control Number 1215 - 0149). Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the Contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the Contract and shall certified the following: That the payroll for the payroll period contains the information required to be maintained under 29 CFR Part 5.5(a)(3)(1) and that such information is correct and complete; That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the Contract during the payroll period has been paid the fully weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in 29 CFR Part 3; That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the Contract. The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH -347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph A.3.(ii)(b) of this Section. The falsification of any of the above certifications may subject the Contractor or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 231 of Title 31 of the United States Code. The Contractor or subcontractor shall make the records required under paragraph A.3(i) of this Section available for inspection, copying or transcription by authorized representatives of HUD or its designee or the .Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the Contractor or subcontractor fails to submit the required records or to make them available, HUD or its designee may, after written notice to Contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR Part 5.12. W 0 • D. APPRENTICES AND TRAINEES: Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Bureau of Apprenticeship Agency recognized by the Bureau, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ration of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the Contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a Contractor is performing construction on a Project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the Contractor's or subcontractors registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Bureau of Apprenticeship and Training, or a State Apprenticeship Agency recognized by the Bureau, withdraws approval of an apprenticeship [program, the Contractor will not longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. f91-01 • • E. TRAINEES: Except as provided in 29 CFR 5.16. trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and the individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the even the employment and Training Administration withdraws approval of a training program, the Contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. 4. HEALTH $ SAFETY: A. No laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health standards promulgated by the Secretary of Labor by regulation. B. The Contractor shall comply with all regulations issued by the Secretary of Labor pursuant to Title 29 Part 1926 (formerly part 1518) and failure to comply may result in imposition of sanctions pursuant to the Contract Work Hours and Safety Standards Act (Public Law 91 -54, 83 Stat. 96). C. The Contractor shall include the provisions of this Article in every subcontract so that such provisions will be binding on each subcontractor. The Contractor shall take such action with respect to any subcontract as the Secretary of Housing and Urban Development or the Secretary of labor shall direct as a means of enforcing such provisions. F -10 5. PAYMENT OF TRAVEL AND SUBSISTENCE ALLOWANCE: Section 1773.8 of the California Labor Code, regarding the payment of travel and subsistence payments, is applicable to this Project. 6. PREVAILING WAGE LAW: The City has ascertained from the U.S. Department of Housing and Urban Development ( "HUD ") the general prevailing rate of per diem wages and the general prevailing rate for legal holiday and overtime work in the locality in which the work is to be performed for each craft or type of work needed to execute this Agreement, and the same has been set forth by resolution on file in the office of the City Clerk of the City. Contractor and any subcontractor under it shall pay not less than said prevailing wage rates to all workers employed on this Public Works Agreement. Contractor agrees to secure payment of compensation to every employee. 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). 7. WITHHOLDING FOR UNPAID WAGES AND LIQUIDATED DAMAGES: HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the Contractor or subcontractor under any such Contract or any other Federal Contract with the same prime Contract, or any other Federally assisted Contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime Contractor such sums as may be determined to be necessary to satisfy any liabilities of such Contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set for in the Special Provisions. 8. DISPUTES CONCERNING LABOR STANDARS: Disputes arising out of the labor standards provisions of this Contract shall be resolved in accordance with the procedures of the Department of Labor as set forth in 20 CFR Parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the Contractor (or any of its subcontractors) and HUD or its designee, the U.S. Department of Labor, or the employees or their representatives. F -11 0 • 9. DAVIS -BACON ACT: Contractor agrees to pay and require all subcontractors to pay all employees on said Project a salary or wage at least equal to the prevailing rate of per diem wage as determined by the Secretary of Labor in accordance with the Davis - Bacon Act (40 U.S.C. Section 176(a) et. seq.) for each craft or type of worker needed to perform this Agreement. Contractor agrees to comply with all applicable Federal labor standards provisions; said provisions are incorporated herein by this reference. 10. COPELAND "ANTI- KICKBACK" ACT: Contractor and its subcontractors shall comply with the requirements of 29 CFR Part 3, which Act provides that each shall be prohibited from including, any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he is otherwise entitled. 11. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT: A. The Contractor shall comply with the provisions of Section 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C> 327 et. seq.) as supplemented by Department of Labor regulations (29 CFR, Part 5). Under Section 103 of the Act each Contractor shall be required to compute the wages of every mechanic and laborer on the basis of a standard workday of eight (8) hours and standard workweek of forty (40) hours. Work in excess of the standard workday or workweek is permissible provided that the workers is compensated at a rate of not less than 1 1/2 times the basic rate of pay for all hours worked in excess of eight (8) hours in any calendar day or forty (40) hours in the workweek. Section 107 of the Act is applicable to construction work and provides that no laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health and safety as determined under construction, safety and health standards promulgated by the secretary of labor. These requirements do not apply to the purchase of supplies or materials or articles ordinarily available on the open market or Contracts for transportation. As used in this Section, the terms "laborers" and "mechanics" include watchmen and guards. B. VIOLATION LIABILITY FOR UNPAID WAGES: LIQUIDATED DAMAGES: In the event of any violation of the clause set forth in Section A of this paragraph, the Contractor and any subcontractor responsible therefore shall be liable for the unpaid wages. In addition, such Contractor and subcontractor shall be liable to the United States (in the case of work F -12 0 done under Contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in Section A of this paragraph, in the sum of $10.00 for each calendar day on which such individual was required to permitted to work in excess of eight hours or in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in Section A of this paragraph. 12. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT: A. Contractor stipulates that all facilities to be utilized in the performance of this Agreement were not listed, on the date of Contract award, on the United States Environmental Protection Agency (EPA) list of violation facilities, pursuant to 40 CFR 15.20. B. The Contractor agrees to comply with all the requirements of Section 114 of the Clean Air Act and Section 308 of the Federal Water Pollution Control Act and all regulations and guidelines listed there under. C. The Contractor shall promptly notify the City of the receipt of any communication from the Director, Office of Federal Activities, EPA, indicating that a facility to be utilized pursuant to this Agreement is under consideration to be listed on the EPA List of Violating facilities. D. The Contractor agrees to include or cause to be included the requirements of paragraph (A) through (D) of this Section in every nonexempt subcontract, and further agrees to take such action as the Government may direct as a means of enforcing such requirements. 13. ENERGY CONSERVATION: Agreements with federal participation shall recognize mandatory standards and policies relating to energy efficiency which are contained in the Sate energy conversation plan issued in compliance with the Energy Policy and Conversation Act (42 U.S.C. Section 6201, et. seq.). 14. HOUSING AND URBAN DEVELOPMENT: Contractor agrees to comply with any and all rules, regulations, guidelines, procedures and standards of the United States Department of Housing and Urban Development and complete any and all reports and forms that may be required in accordance therewith. F -13 0 0 15. CONTRACT TERMINATION: DEBARMENT: A breach of the Contract clauses in 29 CFR 5.5 may be grounds for termination of the Contract, and for debarment as a Contractor and a subcontractor_ as provided in 29 CFR 5.12. 16. COMPLAINTS TO HOUSING AND URBAN DEVELOPMENT: No laborer or mechanic to whom the wage, salary, or other labor standards provisions of the Contract are applicable shall be discharged or in any other manner discriminated against by the Contractor or any subcontractor because such employee has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards applicable under this Contract to his employer. 17. CONTRACTOR WILL CONTINUE TO MAINTAIN A DRUG -FREE WORKPLACE BY: A. Publishing a statement notifying employees that the unlawful manufacture, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition. B. Establishing an ongoing drug -free awareness program to inform employees about the following: The dangers of drug abuse in the workplace; 2. The grantee's policy of maintaining a drug -free workplace; I Any available drug counseling, rehabilitation, and employee assistance programs and; 4. The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace. C. Making it a requirement that each employee engaged in grant activity be given a copy of the statement required by paragraph (a). D. Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will: 1. Abide by the terms of that statement; and 2. Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction. F -14 0 0 E, Notifying the agency (HUD) in writing, within ten calendar days after receiving notice under subparagraph (d)2 from an employee or otherwise receiving actual notice of such conviction. Employers convicted employees must provide notice, including position and title, to every grant officer or other designee on whose grant activity the convicted employee was working, unless the Federal agency has designated a central point for the receipt of such notices. Notice shall include the identification numbers) of each affected grant. F. Taking one of the following actions, within 30 calendar days of receiving notice under paragraph (d)2, with respect to any employee who is so convicted: 1. Taking appropriate personnel action against such employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended, and any other applicable federal and state laws; and 2. In appropriate circumstances, require an employee to participate satisfactorily in a drug abuse assistance and rehabilitation program approved for such purpose by Federal, State or local health, law enforcement, or other appropriate agency. F -15 0 0 CERTIFICATION OF NON - SEGERATED FACILITIES FEDERALLY ASSISTED PROJECTS BALBOA VILLAGE IMPROVEMENTS PHASE I CONTRACT NO. 3333 This federally assisted construction contractor certifies that he does not maintain or provide for his employees any segregated facilities at any of his establishments, and that he does not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. The federally assisted construction contractor certifies further that he will not maintain or provide for his employees any segregated facilities at any of his establishments and that he will not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. The federally assisted construction contractor agrees that a breach of this certification is a violation of the Equal Opportunity clause in this contract. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, creed, color or national origin, because of habit, local custom or otherwise. The federally assisted construction contractor agrees that (except where he has obtained identical certifications from proposed contractors for specific time periods) he will obtain identical certifications from proposed subcontractors prior to the award of subcontractors exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity Clause, and that he will retain such certifications in his files. NOTE: The penalty for making false statements in offers in prescribed in 18 U.S.C. 1001. Company Date F -16 • CERTIFICATION OF CONTRACTOR'S AFFIRMATIVE ACTION PLAN BALBOA VILLAGE IMPROVEMENTS PHASE I CONTRACT NO. 3527 The undersigned Contractor agrees to implement the following affirmative action steps directed at increasing the utilization of lower income residents and business concerns located with the City of Newport Beach. 1. Take affirmative action to ensure that employees or applicants for employment or training are not discriminated against because of race, color, religion, sex or national origin., 2. Send a notice of the Contractor's Section 3 commitment to each labor organization or representative of workers, and post a copy of the notice at a conspicuous place available to employees and applicants for employment or training. 3. To the greatest extent feasible, make a good faith effort to recruit for employment or training lower income residents from the City, and to award contracts to business concerns which are located in or owned in substantial part by persons residing in the City through use of. local advertising organizations and public or private institutions operating within or serving the project area such as Service Employment and Redevelopment (SER), Opportunities Industrialization Center (OIC), Urban League, Concentrated Employment Program, U.S. Employment Service, chamber of Commerce, labor unions, trade associations, and business concerns. 4. Maintain a file of all low income area residents who applied for employment or training either on their own on referral from any source, and the action taken with respect to each area resident. 5. Maintain a file of all business concerns located in the City who submitted a bid for work on the project, and the action taken with respect to each bid. 6. Maintain records, including copies of correspondence, memoranda, etc., which document the fact that affirmative action steps have been taken. 7. Incorporate the Section 3 Clause provisions in all subcontractors, and require subcontractors to submit a Section 3 Affirmative Action Plan. 8. List project work force needs for the project by occupation, trade, skill level, and number of positions. 9. List information related to subcontractors to be awarded. COMPANY NAME & ADDRESS (Date) (Signature) F -17 0 0 CERTIFICATION WITH REGARD TO THE PERFORMANCE OF PREVIOUS CONTRACTS OR SUBCONTRACTS SUBJECT TO THE EQUAL OPPORTUNITY CLAUSE AND THE FILING OF REQUIRED REPORTS BALBOA VILLAGE IMPROVEMENTS PHASE 2 CONTRACT NO. 3527 The bidder , the proposed subcontractor , hereby certifies that he has _, has not_, participated in a previous contract or subcontract subject to the equal opportunity clause, as required by executive Orders 10925, 11114, or 11246, and that he has _, has not , filed with the Joint Reporting Committee, the Director of the Office of the Federal Contract Compliance, a Federal Government contracting or administering agency, or the former Presidents Committee on Equal Employment Opportunity, all reports due under the applicable filing requirements. Company Name Signature Title Date: NOTE: The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor [41 CFR 60- 1.7(bx1)], 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 CFT 60 -1.5. (Generally, only contracts and subcontracts of $10,000.00 or under are exempt). 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(bx1) prevents the aware of contracts and subcontracts unless such contractor submits a report covering the delinquent period of such other period specified by the U.S. Department of the Interior or by the Director of Federal Contract Compliance, U.S. Department of Labor. F -18 0 0 CONTRACTOR CERTIFICATION BALBOA VILLAGE IMPROVEMENTS PHASE 2 CONTRACT NO. 3527 THE CONTRACTOR HAS AND WILL CONTINUE TO HEREBY CERTIFY, TO THE BEST OF ITS KNOWLEDGE AND BELIEF, THE FOLLOWING: A. No Federal appropriated funds have been paid or will be paid, by or on behalf of Contractor, to any person 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, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal amendment , or modification of any /Federal contract, grant, loan or cooperative agreement. B. If any funds other then 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 agency, a Member of Congress, an officer or employee of Congress, or any employee of grant, loan or cooperative agreement, it will complete and submit Standard Form LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; and C. It will require that the language of paragraph (a) of this certification be in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. D. Contractor and subcontractors are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; E. Have not within a three year period preceding approval of their application, been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; F -19 F. Are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph B of this certification; and G. Have not within a three year period preceding approval of their application, had one or more public transactions (Federal, State or local) terminated for cause or default. Contractor Name Title By Date I F -20 0 0 Appendix A STANDARD PLANS AND DRAWINGS AMERICAN PUBLIC WORKS ASSOCIATION CALTRANS 4 • • AOR8--N*l z STANDARD PLAN PROMULGATED BY THE PLISUC WORKS SrANDARDSMC. TRANSITION 4:1 E E E E X GREENSOOK COGILRTEE a $$ 111-2 N$N REV_ IM CURB FACE CURB NOTE 2 N� n � n � m SEE TABLES 1 AND 2 x FOR X AND Z VALUES AOR8 SEE TABLE 1 H n TYPE 1 CASE A AMERICAN PUBLIC WORKS ASSOCIATION - SOUTHERN CALIFORNIA CHAPTER AOR8--N*l STANDARD PLAN PROMULGATED BY THE PLISUC WORKS SrANDARDSMC. CURB RAMP METRIC GREENSOOK COGILRTEE 111-2 1992 REV_ IM SHEET 1 OF10 USE WITH STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION E E � JR O O N �'+ m STR. GR. SEE NOTE 2- a X N n< r6 CURB FACE CURB X 1200 mm X (4) SEE TABLES 1 AND 2 FOR X AND Z VALUES N AORB N SEE TABLE 1 TYPE 2 CASE A AMERICAN PUBLIC WORKS ASSOCIATION - SOUTHERN CALIFORNIA CHAPTER STANDARD PLAN PROMULGATED BY THE PLISUC WORKS SrANDARDSMC. CURB RAMP METRIC GREENSOOK COGILRTEE 111-2 1992 REV_ IM SHEET 1 OF10 USE WITH STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION 0 SEE TABLES 1 AND 2 FOR X AND Z VALUES ti 0� pQ" 1200 mm 4') p 900 mm N/ STIR. GR. PLANTING AREA WHEN PLANTING AREA IS ADJACENT TO THE CURB RAMP, SEE CASE A (TYPE 6) SEE TABLES 1 AND 2 FOR X AND Z VALUES O� P 27. / / % lb O ?'�P PARKWAY — I x JE a 1200 mm (4' STR. GR. 9 MIN N Q- PLANING } AREA CURB FACE CURB \ WHEN PLANTING AREA IS ADJACENT TO THE CURB RAMP, SEE CASE A (TYPE B) 2% MAX. Q BCR n 2V0 z2 P 'CpO � 5 l TYPE 3 CASE A AMERICAN PUBLIC WORKS ASSOCIATION - SOUTHERN CALIFORNIA CHAPTER STANDARD PLAN CURB RAMP METRIC 111-2 SHEET 2 OF 10 f c� r' } t 1200 n 30 mm • I STANDARD PLAN • V �IN� A OR 8 --601 I Z Z ( 2400 mr (8') MA7 2400 m� m (8'j MAX7 K1R` BMA :1 MAX. J R ♦` SEE NOTE 2 SEE NOTE 3 PLANTING AREA rmj PLANTING AREA m CURB FACE CURB 100 mm 100 mmi1200 mm (4) (4) (4) AORB -oll*J SEE TABLE 1 FOR SEE TABLE 1 X Q 2 K H TYPE 5 w i SEE NOTE 2 p 4b SIDEWALK 1200 mm S4') R P / 00 mm (3 MIN` 1200 mm (4') I900 mm (3') MIN >1 �I SEE NOTE 2 K4N PLANTING AREA CURB FACE CURB SEE TABLE 1 FOR TYPE 6 2 VALUE Q 1 W Q V 2 r Z 4 a IN, 0 v� O�qP� e IF PLANING AREA IS NOT AOJACENT TO ONE FLARE, USE X' PER TABLE 2 FOR THAT FLARE CASE A AMERICAN PUSUC WORKS ASSOCIATION -SOUTHERN CALIFORNIA CHAPTER I STANDARD PLAN CURB RAMP METRIC 111 - 2 SHEET 3 OF 10 i C • R • f 2 X R -SEE NOTE 2 CURB FACE % % T CURB (4') SEE TABLE 2 C X FOR X VALUE SEE TABLE 1 TYPE 1 PARKWAY I 2S_ MAX. SEE TABLE 2 ti'+ SCR FOR X VALUE SEE NOTE 2 G 1 r EE <� NOTE 2 � F CURB FACE qP TYPE 2 CASE B AMERICAN PUBLIC WORKS ASSOCIATION - SOUTHERN CALIFORNIA CHAPTER STANDARD PLAN METRIC CURB RAMP 111-2 SHEET 40F 10 i-1 SEE NOTE 2 Y 3 x a a N N d N N N P. C , C , A SKEW ANGLE, SKEW ANGLE a =45' OFFSET b =0 UNLESS OTHERWISE NOTED 77 GROOVING � c GF OFFSET, b F 0 G CURB FACE (CF) SEE TABLE 3 FOR Y VALUE A CASE C AMERICAN PUBLIC WORKS ASSOCIATION - SOUTHERN CALIFORNIA CHA7 STAN D PLAN CURB RAMP METRIC 111 - 2 SHEET 5 OF 10 SEE NOTE 2 D E E E Ez 11 0 p3 K 3 0 0 N Y rr a a CURB FACE /SEE DETAIL 'A', "8 ", "C' OR "D" /SEE NOTE 3 SEE NOTE 2- X a : D 1 ¢ N N 5% MAX. USE CURB FACE POINT A �Q Y 0: a � IN GW TABLEU2 2,: ¢ a J 4 CURB FACE SEE NOTE 2 D E E E Ez 11 0 p3 K 3 0 0 N Y rr a a CURB FACE /SEE DETAIL 'A', "8 ", "C' OR "D" /SEE NOTE 3 CURB RAMP X a i JD n N 5% MAX. USE CURB FACE POINT A �Q AT POINT A TO DETERMINE IN TABLEU2 CURB 0pARK1 TYPE 1 CURB X X =1200 mm (4) WHEN ADJACENT TO A PLANTING AREA AS NEEDED EARTHWORK) SEE DETAIL -A -, "B', -C- OR -D- SEE NOTE 3 � j D 5% MAX. —POINT A 9� TYPE 2 ROUNDED EDGE ALLEY OR ROADWAY X 5% MAX. EXISTING S/W 8.337 MAX N Al -0 CURB SECTION D -D USE CURB FACE AT POINT A TO DETERMINE X VALUE IN TABLE 2 CASE D AMERICAN PUBLIC WORKS ASSOCIATION - SOUTHERN CALIFORNIA CH7 STANDARD PLAN METRIC 111 - CURB RAMP SHEET 8 OF 10 t i • S SEE TABLE 1 AND 2 m E FOR X AND Z VALUES O E 4 g S ct� AORB OR LES -r .r IPLANTING AREA CURB FACE CURB 1200 mi 14" X - 1200 mm (4') WREN ADJACENT YO A PLANTING AREA A OR B SEE ABLE 1 SEE TABLES 1 AND 2 C FOR X AND Z VALUES SHEET 7 0 F 10 2' X. OR S 0 U SEE XiNOTE 5S MAX.. NOTE 2 4 X E 3 X �d i w N N N N N SEE— ti a NOTE 3 W CURB FACE . X�200 mn SEE • NOTE 2 .SEE NOTE 3 SR MAX, Im J m O;a aw w N SEE NOTE 3 SEE 11-; �i I�MARKED CROSSWALK TYPE 2 MARKED CROSSWALK CASE E AMERICAN PUBLIC WORKS ASSOCIATION - SOUTHERN CALIFORNIA CH7 TYPE 1 C CURB RAMP SHEET 7 0 F 10 2' X. SEE / NOTE 3 XiNOTE 5S MAX.. E or w N x W SEE 11-; �i I�MARKED CROSSWALK TYPE 2 MARKED CROSSWALK CASE E AMERICAN PUBLIC WORKS ASSOCIATION - SOUTHERN CALIFORNIA CH7 STANMETRI DARD PLAN C CURB RAMP SHEET 7 0 F 10 0 • SEE NOTE 6 PARKWAY W Y i m 4 SEE TABLE 3 900 mm (3') MIN ;TING ROUNDED TAMP F DWAY EDGE R Sx`� 8.33% MAX. -2z M AX. A2 -0 CURB AND GUTTER SECTION A -A USE TABLE 1 TO DETERMINE SEE NOTE e` WHICH OF SECTIONS A=A, B —B Ilj" \_j, PART v OR C —C IS APPROPRIATE, SIN' Y WWAY1 SEE NOTE 6` �W- .{I iTINO n..V\ —ZS MAX 'A2 -0 CURB AND GUTTER SECTION B -B PARKWAY Y 1200 mm ROUNOm TOP O mm RAMP i 1 — A2 -0 CURB AND GUTTER SECTION C —C DEPRESS BACK OF WALK SEE DETAIL "A "B', "C" OR '0 ". DEPRESS BACK OF WALK SEE DETAIL "A', 'B "C" OR "0 z 2400 mm (8 ) MAX DEPRESS BACK OF WALK PCC SIDEWALK '�. SLOPE AT 8.332 HOWEVER, MAY INCREASE SLOPE IF Z EXCEEDS 8' SECTION R —R Z OR LESS Z 1200 mm 4' 1200 2400 mm (8') MAX DEPRESS LACK OF WALK SECTION S —S . le)I MAX :7PGC SIDEWALK AMERICAN PUBLIC WORKS ASSOCIATION -SOUTHERN CALIFORNIA CHAPTER STANDARD PLAN METRIC 111-2 CURB RAMP SHEET 8 OF 10 V NORMAL CURB FACE X 50 mm (2 ") OR LESS PARKWAY WIDTH, m 1200 mm (48 ") 125 mm (5 ") 1.2 1.5 4') MIN(.5) 02.1 (6') Q-) 2.4 (8') 2.7 (9') 3.0 ( 1.0') 3.3 3.6 3.9 (?1') (12 -) QV) 4. 4.5 4.8 5.1 ( 1.4') (1.5') Qw) (1.7) 5.4 5.7 ( 1.8) ( 1-9) NORMAL CURB FACE X 50 mm (2 ") OR LESS WIN 1200 mm (48 ") 125 mm (5 ") 1500 mm (60 ") 150 mm (6 ") 1800 mm (72 ") 175 mm (7 ") 2100 mm (84 ") 200 mm (8 ") 2400 mm (96 ") 225 mm (9 ") 2700 mm (108 ") 250 mm (10") 3000 mm (120 ") 275 mm (11 ") 3300 mm (132 ") 300 mm (12 ") OR MORE 3600 mm (144 ") WOW-1--1654) 1*111M.4b REOPEN NO E FAIL WF FAIN (D 200 8. N4 i WIN INA 0141010 COX I EEMENEMENO, WEEMENEMENNEW NORMAL CURB FACE X 50 mm (2 ") OR LESS 100 mm (4 ") OR LESS 1200 mm (48 ") 125 mm (5 ") 1500 mm (60 ") 150 mm (6 ") 1800 mm (72 ") 175 mm (7 ") 2100 mm (84 ") 200 mm (8 ") 2400 mm (96 ") 225 mm (9 ") 2700 mm (108 ") 250 mm (10") 3000 mm (120 ") 275 mm (11 ") 3300 mm (132 ") 300 mm (12 ") OR MORE 3600 mm (144 ") TABLE 2 NORMAL CURB FACE SECTION A -A Y 50 mm (2 ") OR LESS 790 mm (32 ") 75 mm (3 ") 1185 mm (47 ") 100 mm (4 ") 1580 mm (63 ") 125 mm (5 ") 1975 mm (79 ") 150 mm (6 ") 2370 mm (95 ") 175 mm (7 ") 2765 mm (111 ") 200 mm (8 ") 3160 mm (126 ") 225 mm (9 ") 3555 mm (142 ") 250 mm (10 ") 3950 mm (160 ") 275 mm (11 ") 4340 mm (174 ") 300 mm (12 ") OR MORE 4736 mm (190 ") TABLE 3 AMERICAN PUBLIC WORKS ASSOCIATION - SOUTHERN CALIFORNIA CHAPTER STANDARD PLAN METRIC CURB RAMP 111 - 2 SHEET 9 OF 10 • 300 mm (iZ') 19 mm 3 C T6 mm GROOVING DETAIL oz _z U� Q 0 J PAVED ESURFACE B�/ DETAIL "A" CONSTRUCT FENCE OR HANDRAIL PER PROJECT DRAVANGS GRAD SLOPE 29 UNPAVED SURFACE MAIL IEEE DETAIL "C" GENERAL NOTES: RETAINING CURB SURFACE DETAIL "B RETAINING CURB--. (S. UNPAVED SURFACE DETAIL "D" 1. CONCRETE SHALL BE EITHER CLASS 310 -C -17 (520 -C -2500) OR 320 -C -17 (560 -D -2500) AND SHALL BE 100 mm (4 ") THICK. 2. THE RAMP SHALL HAVE A 300 mm (12 ") WIDE BORDER WITH 6 mm (1/4 ") GROOVES APPROXIMATELY 19 mm (3/4 ") OC. SEE GROOVING DETAIL. 3. THE RAMP SURFACE SHALL HAVE A TRANSVERSE BROOMEO SURFACE TEXTURE. 4. USE DETAIL "A" OR "0" IF EXISTING SURFACE BEHIND RIGHT OF WAY IS PAVED. 5. USE DETAIL "C" OR "D" IF EXISTING SURFACE BEHIND RIGHT OF WAY IS UNPAVED, 6. W = 900 mm (3') UNLESS OTHERWISE SHOWN ON PLAN. 7. ANGLE = 6/2 UNLESS OTHERWISE SHOWN ON PLAN. B. DIMENSIONS SHOWN ON THIS PLAN FOR METRIC AND ENGLISH UNITS ARE NOT EXACTLY EQUAL VALUES. IF METRIC UNITS ARE USED, ALL VALUES USED FOR CONSTRUCTION SHALL BE METRIC VALUES. IF ENGLISH UNITS ARE USED, ALL VALUES USED FOR CONSTRUCTION SHALL BE ENGLISH VALUES. AMERICAN PUBLIC WORKS ASSOCIATION -SOUTHERN CALIFOR= STANDARD PLAN METRIC 111-2 CURB RAMP SHEET 10 OF 10 r- ) r 3 3 I � n 0t6 Dnn ')I9 ° 'I N - F r x J � z m a U w a z � r � ° r a R om I_ � 099 o I � j, G- 9 M" d cc / r C< O Uln JL:I W LLL` J L, Z° Nr ry a N o x w J u ? a w Z - a �¢ -a � � tJ + O o; {a a�1 =1 I �� O N J a ° o > a r n 0 L � W W Z o f�UJ 3s w �JWQ $ _ o W JEOO It Q V F z ulZ 0 -10 yWU r. • - _ l l ° N ti 006, vc z uo$ 4S5cm - F � '1JIJJ1A�fl F ili e ' i ,11171,11 ,i LL M1W9M11t'M1 IP NiIi r �1 7 u 0 N F — -1 V 2 cue w J a 1111 is ii 1111 rl 271 �§| - — 272 — — E sIE PLAN E E s ■ 2_w ■ «w: ; ; § \ \ \ \ I } elm / / | § I ! ! } \ 2 §�_ g $ a a \ 2 § ai w� - - « «e ®® � � C>_j �(ic . )jk . T- . s § § \ \ \ Nn- \ ! ! ! ® ! E \ ! y 3. . _ _ - - - -_ ! ! \\ � I DC ; ;- _ / v v !\ _ _ \ \ \ a! f f E 1989 STD. PLAN Edk a .- t e d% I'e •� s' m ZME- W o a 4jaW W 2 OM ose z- `:.� r = � pC $ E o ao ZLU as @E N a J 0J0 535 o yWCI a� °8bR mb « §aE � r •g >e z = U &o g s$h L TF OAS a d r aS r w « O °J o Zo3 LL H a i~ r of a �e FE �o ak age €E EF5 6�& fi P s± 5F'_a ao �gQE —5k <o.a s 1a �$s fig. $ Yo ESg g5 %o 8 Hfij S8 :a gd fr o 05 Es: s =° °as° ° y° eO a - _ . °s£ > ° t6 8S 31 °;y§ °gg Qp a:E' L89 3§ �� Ei so$° 80 - yg g= €h x�Ey «�8 yE: 08 8e= 8a 8g g0 58` E a «o %Sgs �g €8 8'Ea 8A `.ar H°°5Bgb b �YaSFYgg E . sh fie . 5ag ` 31 =g ~M.1 Y$g ' i f` g fi P: % fs Q ya`.a° s �a .3'_ s.^ %5 E.",.. 8 �e8 `$ .. =.g� � 5:3 .`°....... E : eg °y 05 273 g •� 8 & 0 • Appendix B CROSS SECTIONS PALM STREET WASHINGTON STREET MAIN STREET N 6 f 3 E 0 A Y Y Y A A A m W N W W n I O � O �aimmWOiW m Ol b m W W W W W W W W W E m p N N N N 8q8 W WOO u�rnmoog8 O 88 p Cl pW 0W0 CI f7 N N N� m m 0 j� ai oim of ofW A Y Y Y A A A m W N W W O H 1+ n O C o O P N O t U o c m O n I O � O �aimmWOiW W W 6aO m� E m p N N N N N a O W W NNGImC E p O m N N N N ut6 m�� N ai oim of ofW ® m B� E9 �moo�oo O to O mD w0 aE moim O Diem Oi S N 00 - O E M DE @16-6 O H 1+ n O C o O P N O t U o c m O m cw a N a a O oO I+Tm 1 N m E C LL i i I n I O � O �aimmWOiW W W W �a88q m'R.�o88 �g O W W NNGImC m cw a N a a O oO I+Tm 1 N m E C LL i i I n I O � O I O O a y O N N I n I O � O I O O a y O N N I O O O O In O to O N O Oi Oi 06 00 1l� O 0 L m m a 8 a` m d x n 0 Om O C �m,, � N 0 t U N d � 0 m�n`a °m 000wnmm n m M m m �mimmmoi naYn miammoi a of Wppqq $ g 0 E �no om�mn mm wa��j€ oaemomm V tOmNN0m0 pm voi.�oSg pppp O<t�t�I INN N�mmO m d x n 0 Om O C �m,, � N 0 t U N d � N 3U��m�U3 E tf ~LLmmLL�if � m m a 0 0 e° a 0 +I� 1 j A Y N LL • 0 $° E Y 6 `ad,ommmn n m M m m 0 ppp o0a stn naYn n�:n a o $ g 0 E �no om�mn mm wa��j€ oaemomm V tOmNN0m0 pm voi.�oSg ® m $U� SERE av°000s 1Q Emm �000m 0 �Zn N 3U��m�U3 E tf ~LLmmLL�if � m m a 0 0 e° a 0 +I� 1 j A Y N LL • 0 �' oimmmmmaim w o �<gmg Lo �� V tOmNN0m0 pm voi.�oSg N 3U��m�U3 E tf ~LLmmLL�if � m m a 0 0 e° a 0 +I� 1 j A Y N LL • sr m 0 0 o Lo O 0 qT O O M O O O N O O C) T 1 O O O O O O 00 O Uq O uQ O In O O W co 00 n T sr m b i 0 O O qi O v O N� G N E w a ma mm000_ p Op O O O Jm t d t7 M Oi N N N� 0 m OO m x m i0 0 f LL m� LL f 3 mm 4 m m m a h n E 0 'mp�mmcmi R'iw minim `c m m 1� 41 0 F m OJ NE m�i nFnrnt� 0 n p O itOlN000 LO C p ° ®m� war b'�j omoo Nmaa�� mmmomm mm o SS ® W {mE m�`3Fi2i`$ n m m O N m � m m m U c O 8 .o�aE am0000 .- O IEmW mviccoo O i0 0 f LL m� LL f 3 mm 4 m m m a h n E 0 'mp�mmcmi R'iw minim q m m 1� 41 0 F m OJ W 0 $y�'a0W0 p O itOlN000 LO C p mm o i0 0 f LL m� LL f 3 mm 4 m m m a h n E 0 o � 0 0 0 i LO o O O O M O O O N O O ci O O O O O O O LO O LO O LO O of of ao ao n ri o � O O O O 3 N L O H N E a C a �Cy C 4 G A m i snm m m m n n n r n n n n n n W a p Snwvai vim M°pU.2 W aY �yE nnrirrr m 3�LLmmmmm�F3 q m m m m m W m m ZF-ammar� n ►.i i snm m amm romimmmm g a Snwvai vim M°pU.2 W aY �yE nnrirrr Sfi ®E9 �n`a a v`a, e a � V C m m 6 E 2E .1 1 OOOo Os Zm E ZF-ammar� n ►.i s' i g e a 'o E 0 Lo m O � O M e v a s d �g Y a N O N 1 }c I E f9 Ilf O � O (pA T L C IL O O O O O b O 1101 M co N h [D co s' O C N W O O Ul s O N m E m a n U m Y Y Y4 m m m lbbmmno mi'l� m n n hn m m W mmr m m b m mON m IA 1� W d m m 10 Vl Vl m m m n ,cgs¢ S S� mm000 mm m0 m N m O Sgg mWME;88 p O m 0 romro�emro LO m Y Y Y4 m m m w m 3�LLmmLLF3 m" mm m 0 lbbmmno h m b n IF d m m 10 Vl Vl m m m n g ;cfiQ4 m88 mWME;88 wn�j in7 romro�emro LO 0 8 -c ®E9 �. $0°Sm$m W ONN� 0m0m }� OtC oO & m U E mm0000 O - EZa w m 3�LLmmLLF3 m" mm m 0 lbbmmno h m b n IF W ATMb 0 g ;cfiQ4 m88 mWME;88 a�OCI�NNtC00 LO w m 3�LLmmLLF3 m" mm m 0 0 0 LO 0 }� oO & m e} a _O E 0 a I17� 1 O s POj U U a Dg Y n O z O 0 N m }5 I $ O m t p H � a m c O O O O oo O L O Lc) f0 L6 L6 A O O �o y N 0 C L tl tl i YY Y Y Y Y m N� LL m m LL F q m m 0 a�Sm�Bem�3 �r go.wmmmm�;o; a m� au o n ri n ri Eg W qN� Oimm mmm i M 1 u-0 E3 ommmmm 5 U E �S E gHH$SH =o�mn �za mmni:nn O N� LL m m LL F q m m 0 a�Sm�Bem�3 �r go.wmmmm�;o; Fa °`EC88m88o88 a[�NNNmm,4G N� LL m m LL F q m m 0 a � It �r O i M 1 I i i O M O o (V ee a E a° 0 m O O N fi b v U 6 fi Oo $ 4 a r -g i m s N O 0 L c O O O U m N 8 Sri LL 0 0 O O O O O O O O LO O LO O L o 6 of o6 of r a � It � � 0 ` ; ■■�„ -- a. : ,r¥m; 2!}2 ■,r; ¥ ktyaa lmn ;aa =;+=wa -sa !»■8 2 8 288 a:8 8 2 § k � § # ! ; ■■�„ -- a. : 2!}2 ¥ ktyaa lmn ;aa =;+=wa -sa CIEm!! ■a .. k 8 2 \i MOMS ! ; ■■�„ -- a. : ¥ ktyaa lmn ;aa =;+=wa -sa 0 ! § �� -- : ¥ k 8 � / ) ƒ e CM « � k $ \ — k I \ � 2 9 ; § k i ! § �� -- : ¥ ! § f i a f 5 fi 0 0 0 m O 55 O f Wd N °a c. y C N c s c r w m n L-A f i m W O m n V N� W W �oiommmmmmmmm nrirnnn m W w a w v ®m9 $¢� yy��mmn(V{y mmmvl �y lA Yl w L'W mm mmmm x+.888'0,88 n m W O of'E 0 0 So- tAl f m Y y >n Ti V J m N m m J V i �~LLm�011�{4�LL~� m 0 3rd�muJ.f3 i m W O m n V N� W W $aC �m nrirnnn m W w a Cl) v ®m9 $¢� yy��mmn(V{y mmmvl �y lA Yl w L'W mm mmmm N n m W O 0 0 So- tAl f gf Ir e�rnn mz a° 3rd�muJ.f3 i m W O m n O Cl N� W W m m m m m W w Cl) �QpO8N8Nmg8oSf J m N N n m W O 3rd�muJ.f3 g• i 0 0 Lri Cl) 0 0 M O i0 N 2 _O Op m O O N i V 6 O O 9¢ In T i H L C � o j o T ° a O O 5 N LL O O O O O 0 O O O LO O LO O U) O ao am ao cc n r g• i g• f 0 O G N W O O m N Lp N fA C0 P C L M m Spy O J FLL mmmbOOLL F� J f LL m m LL f m m • 0 t IS c °p E m $a min nnn nFri a° $ ?Omm W �m�= m�mmmm N momoeem O N N N N J Q $ ®E $ j One-. m w�' mmmmmm � V Mggngg8 , LO J f LL m m LL f m m • N 0 0 t O Q LO N m p Q a p o N 0 17m I O ui r a UV LL $ O a p r N 11LL■ 1 O ui m x w N m a LL p LO p LO p in p c6 c6 r-� n N 0 t N 0 6 U Q m m C O N_ D L m 0 i 0 y N 3ru�.mmm�mLLF3 bmmmY10 � m 0 j 1 °'pEE �mnnnmmmmnmm m n n n n n a W I 08� o �gaggWg�ngBg`o88 O w��Ji7 omrnnri o� 0�8� 883888 0 y N 3ru�.mmm�mLLF3 bmmmY10 � m 0 S A Y m m a a a `o 1T� I E N LL 0 O CO Lci 0 0 0 M O O Lri N O O O N 0 O ui T O O T O O LO j 1 °'pEE a iq �i m n n n n n a I 08� o O w��Ji7 omrnnri o� 0�8� 883888 O �z°a mm�nnri In O LO 0; C6 S A Y m m a a a `o 1T� I E N LL 0 O CO Lci 0 0 0 M O O Lri N O O O N 0 O ui T O O T O O LO z m s j 1 ! I a o O O LO O In O LO 0; C6 Cd r-: n z m s b m O O N 0 N N O s L r 8 0 Y Y Y Y Y m m m m m m r$���ma~� r-1 low o 0 t6 .6 n _. w� z mmmmm co w J SUE pzRg t E m � za 88$888 muiarinr O m r$���ma~� r-1 low o 0 t6 _. co w pppy� 19 m r$���ma~� r-1 0 0 U n f m low o 0 t6 _. co O O O O N O 9 Q 2 N a `o lm I O o L6 T d UU 6 Og O a O T $ N m 9 rd C lLL T S L6 & 1� �pp ffi L p O O O O O O O O LO O O Lf) of ao eo r; n cD 0 0 U n f m § ! k � £ 2 ( � t � � , - -�� 2! |!�!! |5 ;ƒ | |$ msmg -e& !!®® = =�=w� !x|22l,e#% R § t � � , - -�� 2! |!�!! |5 !2#wq @§ -e& !!®® = =�=w� t � � , : - -- - -�� \ % R § ~ ! k ! a ¥ § | E $ } � ) � \ ; T k § # $ % % $ # : - -- - -�� \ § i § S� �N0R1Nh 1� I�bNO 1 JO V y V m m N J U ![ 0 m d b 0 O O q# O c S O N fl1 U_ 0 H 0 t W i 0 Y Y 0 3UJA v3 m m 1 9 2 O O b m� QLu C d V N 0 N N C LL L_.j O O r _ q W 0 d O O gg g Y• (9 ObYIN w Yl YI O O BO Fm�$ w mmrommm 6 2 N b C a�r�ll O O O O O O O O �O �® E wQ � E mm.dmmm w O N 5VUE 'z9M1E 88N888 a ti cc j i ^ �Zn mNN IF 1�n 0 Y Y 0 3UJA v3 m m 1 9 2 O O b m� QLu C d V N 0 N N C LL L_.j O O r _ griMtC m(o Ot�IF W PQaF88W88o88 O }( ag4� 6 2 N b C 0 Y Y 0 3UJA v3 m m 1 9 2 O O b m� QLu C d V N 0 N N C LL L_.j O O r _ O 0 0 O 0 ui N I 0 O LO O O O LO 0 N 1 0 O O O O O O O O O O In O w O N 06 r ti cc cc ui 0 N 1 0 O 0 b W O C O N t O N S O C L p m Y Y Y Y Ym JJ m F LL m� m� m LL H m$ °w�muO1i r'� Cl) $��r�i n�nwnnw n O v O m m n mwn o w t-M m Wy��� ommmmm 0 O m m001G m fOw m Y Y Y Y Ym JJ m F LL m� m� m LL H p� S J f LL m� LL F Y m n L.J O Cl) $��r�i n�nwnnw n O v O m m n mwn o w m m m Wy��� ommmmm M O m m001G m fOw � V c W o�KE gguwi,ggg o Z,� � m m1ON rnri N Jia p� S J f LL m� LL F Y m n L.J O m• m Cl) O O M � Q W o N n E 0 a O O N UU 6 L * o u'/ g � a` m x ti 0 m L p 1■1LL O O I t w m x °m p c N O O O O O O O O O tq O LO O LO O n c6 (6 ui ui m• m 0 / ) |E55&ai!!!! 7!!!!!!! HE A \ ) `�aaa&&aasaaa ;i}22 !!!!!! kk ®■ „& „ & „� / 7!!!!!!! HE A \ ) ;i}22 !!!!!! \ 1 -H 1, !!a■aa § 2ae||ea ; =sg! / 7!!!!!!! \ ) \ § 2ae||ea ; S a v 0 7 O m O 0 0 N t i N c m s J U J 0 9 Yq 0 A J U h LL m e 0 d m LL F m`mm m`m C H a! 20 eoa! m`m ts 0 1 Q a E 0 s 0 17m I 4 a UU 6 r c a i N a m 1y }c I m z N LL O to O LO O LO 6 W W h n tD o• rinnmrr a 8 j®j5 E I1 0 m m b n N m LL J O J $ U m C H a! 20 eoa! m`m ts 0 1 Q a E 0 s 0 17m I 4 a UU 6 r c a i N a m 1y }c I m z N LL O to O LO O LO 6 W W h n tD o• c O O N t a W s 3 u 2 d a J N q Y Yyg F LL 0 0 0 C LL F 0omm0 Ms 81sYgfggOO J �JJ N G a E a Im Q d U I S a` N °m L C LLIj■1 1 N LL 0 LO 0 0 0 0 It O O O O N O O r g ro p 0 W N N m 6 W LL 0� J N m °0tGn1� 0 O O O O O 0 O 1n V In O U� o U c n n cd (o =9�E IWI��aygy��goo � Z d Ms 81sYgfggOO J �JJ N G a E a Im Q d U I S a` N °m L C LLIj■1 1 N LL 0 LO 0 0 0 0 It O O O O N O O r w °o 0 O O O O O 0 O 1n O In O U� ro n n cd (o L6 w � ) { , !.a#ma■,! 8 ! / !! ■�,��,� ■!|! - -- 2 V,eTILp 03 15[5E! fa !!!!!! ! %t |� !!I |�2l22 ) { , !.a#ma■,! 8 ! / !! ■�,��,� 2 V,eTILp 10 I 8 LO ) ! k $ / ! } @ R $ ! ! t \ } 7 } ! 1 § \ � � \ ! } e ; ! . ! : % 4 4 % $ % rl: » (6 n Lf) v § r CC g f a O N 4 r C f 0 3 � u H P z N 0 ~ n o m 01 N m n~ m 3UJ��JV; m m i W�W��mm�R 0 a E 0 W aba irk ri�iri Ni �iri a a ffi 3 TS ��p�- W m rmmmw� doid ea nr'fjE 0 ®$ W D�Etq J r d mm 4 4 0 m V 4 d W V .. a 25S'E n e O�ngBg^go, � a 3UJ��JV; m m i W�W��mm�R 0 0 W 0 S�QassWsBSSg 3UJ��JV; m m i 0 0 0 0 o N � a n e a E 0 e Its 1 � O c � c�1 e V a` O $ O N O N $ L LL N O a 0 c LL O O O O O O O 00 O O O cn O LO co ui Sri v v ri 0 c h O N L 0 N f y °m 0 S a` r a u a 0 c a C 2 C m m 3� LL m S m m B; ti 3 A m m m m m q m m �N m m p O N poppo�O h N YI m b Cl 0 g d d d d d e d e d m m W qE O W a b uj j mmm d d e d e mNS �oaee���e�i 53S m E —u`i `i vi `vi °n m m 3� LL m S m m B; ti 3 A m m m m m q m m m m iS m m 0 ode J 6ae a ui ui w d qE O W a b uj j e d d e d e 0 53S m E —u`i `i vi `vi °n Lo dU'c E A =: = p, 0 X26 m m iS m m 0 ode J 6ae a ui ui w O 0 m m iS m m N s N 0 0 J O 0 Lo 0 O O v m �6 O a` O 'o O E O c Cl) 0 71m 1 C U O O N � j% m o° a` N m u' O 1 O v m z y m t O O O O O O O O O O In O to Co � O co ui ui v v ri 6 N s N 0 • BY THE CITY OOUNCJL CRY OF NEWPORT BEACH i.li U[ APPRQUED TO: Mayor and Members of the City Council FROM: Public Works Department • September 24, 2002 CITY COUNCIL AGENDA ITEM NO. 17 SUBJECT: BALBOA VILLAGE IMPROVEMENTS PHASE 2 - AWARD OF CONTRACT NO. 3527 RECOMMENDATIONS: 1. Approve the plans and specifications for Phase 2 construction. 2. Award Contract No. 3527 to Hillcrest Contracting, for the Total Bid Price of $2,840,899.97, and authorize the Mayor and the City Clerk to execute the contract. 3. Approve a Budget Amendment appropriating $392,500 from CDBG 108 Loan Proceeds to Balboa Village Phase 2, Account No. 7161- C5100543 4. Approve a Budget Amendment appropriating $68,000 from the Circulation and Transportation Fund Balance to Account No. 7261- C5200703 - Balboa Village Phase 2. 5. Approve a Budget Amendment appropriating $25,150 from the Gas Tax Fund Balance to Account No. 7181- C5100543 - Balboa Village Phase 2 OVERVIEW The Balboa Village Improvements are being constructed in three phases. Psomas completed construction drawings and specifications for all three phases in May 2001. Construction of Phase 1 was completed on May 30, 2002, and included the reconstruction of Balboa Boulevard, the Pier Parking Lot, the Pier Plaza, and the connecting road from the 'A' Street Parking Lot. The total cost of Phase 1 was approximately $4.5 million. The Balboa Pier and Washington Street Restrooms were built as a separate contract in tandem with the Village Phase 1 improvements and were funded with the proceeds of the American Trader Oil Spill settlement. For Phase 2, drawings and specifications were revised to reflect as -built information from the Phase 1 construction and to eliminate Lithocrete street pavement on Palm Street. Phase 2 is for the construction of street pavement, sidewalks, landscaping, street furniture, and street lighting on: • Main Street (from the Pier Plaza to the Balboa Pavilion) • Washington and Palm Streets (from Oceanfront to Balboa Boulevard) • Oceanfront (from A Street to Adams Street) SUBJECT: BALBOA VILLAGE IMPAMENTS PHASE 2 -AWARD OF CONTRACT NO# September 24, 2002 Page: 2 Additionally, new streetlights will be installed on Edgewater, East Bay Avenue, and Washington Street - north of Balboa Boulevard. A water main will be constructed in the alley behind the theatre from Main Street to Palm Street. Phase 2 Improvements will be constructed concurrently with several other projects in the Village area including: 1. Installation of a Southern California Edison vault in Main Street (October, 2002). 2. Expansion of the Balboa Inn (expected to start January, 2003). 3. Reconstruction of the sewer pump station on Balboa Boulevard at 'A' Street (starting February, 2003). CONTRACTOR BIDS FOR PHASE 2 At 2:00 P.M. on July 31, 2002, the City Clerk opened and read the following bids for this project: TOTAL BID AMOUNT $2,840,899.97 $2,877,142.80 $3,126,336.65 $3,133,229.40 $3,185,728.40 $3,188,933,40 *Corrected Bid Amount The low total bid amount is fourteen percent above the Engineer's Estimate of $2.5 million. The low bidder, Hillcrest Contracting, Inc., possesses a General Engineering Contractor "A" License as required by the project specifications. Hillcrest Contracting has not performed work within the City, however, references provided favorable reviews of Hillcrest Contracting's work on projects of similar size and scope. Many of Hillcrest Contracting's subcontractors (Shaw & Sons, Orange County Striping, F.J. Johnson) have satisfactorily completed projects for the City. PHASE 2 CONSTRUCTION Construction of Phase 2 is anticipated to commence the week of October 7, 2002. A pre - construction meeting will be scheduled as soon as the City approves the contract documents and receives a project schedule from the Contractor. Meetings with the Balboa Merchants and Owners Association and the Peninsula Point Association are occurring on a regular basis to keep everyone updated on the proposed Phase 2 improvements. Engineers are also meeting with the business owners and the Post Office to discuss business access and delivery options. FUNDING Funds in the amount of $2,355,000 are available within the FY2002/03 CIP for this project. An additional $392,500 is available for this project from the CDBG 108 Loan. Staff is recommending appropriation of these additional CDBG loan proceeds to the Balboa Village project. Staff is also BIDDER Low Hillcrest Contracting 2 Griffith Company 3 PALP, Inc. dba Excel Paving 4 LA Engineering 5 GCI Construction 6 Sequel Contractors TOTAL BID AMOUNT $2,840,899.97 $2,877,142.80 $3,126,336.65 $3,133,229.40 $3,185,728.40 $3,188,933,40 *Corrected Bid Amount The low total bid amount is fourteen percent above the Engineer's Estimate of $2.5 million. The low bidder, Hillcrest Contracting, Inc., possesses a General Engineering Contractor "A" License as required by the project specifications. Hillcrest Contracting has not performed work within the City, however, references provided favorable reviews of Hillcrest Contracting's work on projects of similar size and scope. Many of Hillcrest Contracting's subcontractors (Shaw & Sons, Orange County Striping, F.J. Johnson) have satisfactorily completed projects for the City. PHASE 2 CONSTRUCTION Construction of Phase 2 is anticipated to commence the week of October 7, 2002. A pre - construction meeting will be scheduled as soon as the City approves the contract documents and receives a project schedule from the Contractor. Meetings with the Balboa Merchants and Owners Association and the Peninsula Point Association are occurring on a regular basis to keep everyone updated on the proposed Phase 2 improvements. Engineers are also meeting with the business owners and the Post Office to discuss business access and delivery options. FUNDING Funds in the amount of $2,355,000 are available within the FY2002/03 CIP for this project. An additional $392,500 is available for this project from the CDBG 108 Loan. Staff is recommending appropriation of these additional CDBG loan proceeds to the Balboa Village project. Staff is also SUBJECT: BALBOA VILLAGE IMPRO *NTS PHASE 2 - AWARD OF CONTRACT NO. 30 September 24, 2002 Page: 3 requesting appropriation of $68,000 from the Circulation and Transportation fund balance to accommodate the traffic signal and cabinet improvements at Main Street and Balboa Boulevard. The revised construction funds available for the project are shown within in the following accounts: Account Description Balboa Village Water Main Improvement Balboa Village Plan Phase 2 (CDBG) Balboa Village Plan Phase 2 (Neighborhood Enhancement) Balboa Village — (Circulation & Transportation) Balboa Village (Gas Tax Fund) Account Number Amount 7501- C5500678 175,000 7161- C5100543 2,386,000 7024- C5100543 188,350 7261- C5200703 68,000 7181- C5100543 25,150 Total 2,842,500 " Includes the proposed BA for $392,500 from CDBG 108 Loan With the Phase 2 construction bid cost at $2,840,899.97 and available funds at $2,842,500, there are no additional available funds for changes or unforeseen work (construction contingency), construction management, and engineering support during construction. Upon contract award, City Staff will negotiate with the contractor to achieve cost reductions in order to fund construction management services, engineering support services, and the various construction contingencies as they arise. It is estimated that approximately $240,000 in reductions may be required for construction management and engineering and up to an additional $230,000 (8 percent contingency) for unforeseen work and changes. Staff is currently negotiating construction management contracts and professional services agreements that will be submitted to City Council for approval at the October 8, 2002, meeting. To achieve this cost reduction, it will be necessary to reduce the scope of the Phase 2 work. Work scope reductions considered by Staff may include: The deletion or deferment of street improvements (e.g. Washington Street improvements • The reduction of the amount of decorative paving (e.g. on the multi -use Oceanfront trail) • The deletion or deferment of decorative improvements such as the serpentine wall along the Oceanfront trail, or use of altemate materials The items of work deleted from this current project may be considered for a third phase and funded in a future CIP budget as approved by City Council. Respectfully WOIRRS DEPARTMENT G. Badum, Director By: Robert Stein, P.E. Project Manager Attachments: Project Location Map Bid Summary 'Q W m 0 IL W Z U. 0 M U F Z W IL W Y 0 3 U J m 7 a 0 a 00 N I� u m V_ D O m Y Y U y ^ w U O Q 5� H m m r 0 a z O ° O °a$So O O O ° O °gSa$oog O O O O ° O °So O O °oS888o88S8 O �o$�ppppo�oo�VO O N O O N ° ° N ° O °pp000°pppp° N 3 SAN O O O. f0f N N O ✓� m O W f0 Q P m N M M N '1 N pf N N m N 1�1 N m m P C 1�1 N M a N N 0 V O O O O N O O O O O O O O O O O O p N v YI N IV IV fV N O. W Z O O n 0 pp 0 pp 0 O 0 o 0 0 0 pp o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0°0 0 0 0 0 0 0 O O �oomppo o 0 0 o o 0 o o 0 u+pp.uo 0 0 o o 0 0. o ✓i n.n O n N o o O S N MONO OO V N G m O O O N N m Z O P 1 6 N" M 1G of p 4 m ti m n N P M N n O b W 0 1't P N "= N m Y1 m Lf; N N m W h O M N mm �J N a G Z o upopn 0 0 o ev000vroom�goolo o 0 0 o o o 0 o o 0 0 tn�o�rom 0 0 o fn p o n Na v°, v, a a O (U9 F 0 0 «« n .p 1p N O� Vi « b O b Q O N a rry n O IV C N m N N N A O. � 10if .Pa p 14 N 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o 0 a 0 o 0 0 0 0 8-0 0 0 0 0 0 0° 0 0 m 8 0 0 0p 0 0 0 0 0 0 ~ Z oow000�ao��0000000000 O O O O P .O O O m O .O P 1D O C m m n m N b p (O p O W P o O m 1(1 II) m p N O N O 0 O 0 N O $ O N'pp O SS O Mm N l_I 7) 0 ti 0 n u1 N vl P N n m m N P N « ✓� N p m m n N m l!1 O O M p N a 0 N 0 N m N C m N m vl 2 « N M m 1�1 m h 1n W a Z G W O O O O O m �p Vf N 0 0 0 0 0 0 m N I N N N N O A M N H N N N N J J 1W/1 H Uf VI ILL/1 lW/I tw/I VI VI W W � r tW/1 J J J l/I � IW/1 J lLL/1 VI IW/1 IW/f ILL/1 N r H O 1011 N .O N W 00 1tf •� 1011 m N 1011 H ONi .O o v _ E p y N NQ O N¢ ✓ m N 41 �+ C O i L W W W d ~ y C 60' T Y SV' 1ZJ m - °'Nin IL WE E E u v 3¢ °c' 20� ¢ Px.`oN mgg In ul in d— o. y aau�ov9_i<u m m �' Na`aaa v „1n 9 9- W S c QFW� L1 it m o C� E 2 E'.p. V a v aQ E E E E E y E 1LCK67aF' V -HFf J UIJH HhI" -I" F- W ,-NmC 10mAm00�- 'mp`mAmmO NmP 10 t0Amm0 r r NNN N N N N N N N m Q W m 0 a 3 Z LL }0 F M U Z W ra' Q CL W D i 3 U J m a a SoN W f ry� i l3 d � W V O m U O 9 N m YN S MI 10 4 I F f� w W z �f z wG Z w Z w w 0 0 r 0 a z O S S S S g O O g O o g O o O g O o O 0 00YYn O oM $ O o O 0 O 0 O 0 O 0 O 0 O 0 r Z O O 'OO o O 0 Oo 0 OO o M 8o O c f Oo o Q o OO N g , g oo $ g g g g o 05 ob o � O p N N N b b N P Y1 O P N O IXYi 1P (1 Ii N YIlf O O O Im (1 O t O P P P N In P I ry N Ill b P N N N 0 0 0 0 0 0 0 0 0 0 0 o g 0 o g 0 o 0 0 0 0 o S 0 o g 0 o 0 0 0 0 0 0 00 0 0 0 0 =r_e n wg$ "'S gi°n po rvcpiogm °og °og °o S °o c °oo VI � n N M N N N I!1 N O 1l1 O M m 09 g S S 0 0 0 0 0 0 go 0 0 0 0 0o 0 go 0 0 000$0$ 0 0 0 0o, 0 o oo, 0 0 0 00 0 r m o m ry o 0 0 0 0$ .o 0 0 0 Fi o 00 0 In o 0 binoPUl In bN mvlPNOOInn o rvin ZZ,pn .ai�� P „'� m"� N Ill �" N N P 'N P N N n N N W O m N P �O" � '1 f�V M MIT Z 0 Iq 0 o g 0 o 0 0 0 0 0 o S O o g 00 o 0 0 0 0 o g 0 o g g 0 o 0 n 0 o 0 0 0 0 rg�aNg exam N N N pp 0000 Vf H vl p S W W S 0000 O O O O S 0 O S qp S o O Z m A A N N N M P ti M N N H OJ M N m S S O 0 o O O G O o g o O o O o O 0 O 0 O O 0 r O O O O N O O G� n O O O O O O O O O O O O O O O O O O O O G Z b P n Q O m N O M b b O N O P O O M Yl el V' M A N N zCO ZQQ4 c� 0 0 0 0 0 0 S r 0 1+ M c N N N f V N b o M N 0 m Vl 0 ry 0 0 0 m 0 0 0 ul 0 b 0 0 N- 0 0 O 0 O 0 0 0 0 M S O N O O O P m O O O C O m O G Ill Z^ O M P 21,q P O N m W Yl t/I N N Iwll W W W W IS � W W u] LLJ W W W W W W�� h� W W r r O ti g Ill Q .Ni d CK Z O S s o ud. F- E 9�y1 i c N .d, 5 d o d Zy Z E r' c q O d d d 6 q y N 0 f d t L w °"S uIS9�3nc7SS33� �'�fG 1vr v a..POagi c� d ry� d d d d d d OYl d c 3 ,C, w0., ,C, nU y N y' w0., rv. . d E N N C C O r grrrg g uaa w °li�i ,b l�i °¢a,be 6i zIv<N a`Hir` vii w th m M m M m M M P R V Q C V R V Q R N IA INO N N h N h 100 t00 t0 try0 tu'yy. t0 x Q W m 0 a 3 W Z LL 0 M U Z cW L Q a W O Y 3 U J m m CL dw So N IWr r U d V_ � O O � Y Y U y ^ W U n U V O O vii m rJ F m 0 ci ci QM ed O N 10 F f � W W Z Na ze f wC Z w wa 0 z 0 a z O O (a O O O O O O O O O O O O O O O Z � O O O O 0 O O O O 0 O p S O 0 N O V c P O O F Q O m -N N N N N �a O u w 0 0 0 0 0 0 0 0 0 0 0 0 00 0 0 g o 0 g o 0 o 0 g o 0 g no 0 0 g o b o m 0 o 0 0 g o 0 0 0 0 0 0 0 0 0 0 0 o 0 g O F O C O V N Won S O O V C O .+ .-i M O O tl G G O O O G O of C O W Z O O 1011 " m O N N N M p Vt 0 0 V1 .y .-� Om O N ry 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O O O O O O m O U, u1 W O O O N O T O O O O O m O m O O O m O m M m b m N O, O n O n C O O �O O N 1ff O� ,O O O m M m m O m b O n M N O O ul m N N M VI „" N n O� P �D m r' ti ,O b QC U o � 6 O U 0 0 0 0 0 0 O 0 0 0 0 0 0 0 0 0 p 0 0 0 0 0 0 0 p 0 0 0 0 p 0 0 0 n n N Z m m M o O P O S m .Nr m I b N In o 0 0 0 0 0 0 0 0 0 0 non 0 0 0 0 0 o 0 0 0 on 0 0 0 o g non o 0 0 zc o o c o Brio egMP W go Om 00 °r0i W gnnNlmpu+..N go °n° mrbiry n nn °m °PO °OP eme.x'+o °m° POOPOO m p npiw P N O m N o O O, P b P ..moo OO N N M N b z 2 - wa Z W 0 o S 0 0 o g 0 o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 m 0 0 b 0 b 0 0 0 0 0 g o 0 0 0 o O q O p -nn 0 o o o 0 o no n o n m No" 0 0 J H O M O m pQ P O b � m D Q W Q W W J J 1143 6 Q QN Q-, Q d 0 W Q J J J J J J Q W,!� Q Q¢ W Q J a !y Z .-, .y O Q .y .y .� O N VOf n p P N M m ,b-i M � M M O d v NN V PV c N O d �J A u a+ N J C C C C VI V m Y� Z' LL iO j 6 V ?)' d O C W d Y U V p U d V V O d d c LL �j C d J N Z d V W L ,�., >> U C Vl `d `d O d LL d LL d LL u L `A W o W E E_ yy .d. z g 3 d :: E J 1O N o x w pp 9 __ Y 1 L d N A q 11GG IQ q ry q 1Q j It � LL q L v t d N ���plll p d i S L 3 Y q J C d C N f C f C p 6 N C C C ry C C m C C x IA Y L yYj h L LL a E d d j m N wa av S ova' x dH H -em ua ru-6 to E d i c y w U3?i p _ S S S .uc. F _ N ° d d Yo E E v 12 t t9 Yqn Ydn Yqn Ygii E y E m m J p a 7 7 d c p d ri C c C y c E ti Q W ca 0 CL 3 W Z LL }}0 /F- V Z W Q a W 0 Y 3 U MJ W a a S QN y_ P S V u E_ O a1 u y ^ W V o U M V Z OQQ V � N m m M W f w ,cow Z m Z N bw G Jt OH Vwa � F 0 0 0 0 a F Z mi O 0 O 0 O o g 0 o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o 0 O S O o O o g no o o g 0 o 0 0 0 0 0 0 0 0 0 0 0 0$ O o O 0 I- o no o S pp O 0 O S o 0 O 0 N Vf o O o O G O o O o O pp O o P N N O O o O S m W O O O N o m O O 0 C 0 pp 8 o 0 N' j O O O CCCOOO O N P O O M Yf O O O O S M N W N N m M D\ P V1 V1 N O P O N m m N H N N nN, VNf r, n N N < g a N M U J 0 0 0 0 0 0 0 0 goo O O O M O O O Ingo O O 0 S O O S O O p O 1011 O S y1 O F 0000 O 0 p O 0 O 0 00 O 0 O 0 0 o 0 0 O V1 ogoo N O 0 0 0 0 0 0 0 0 0 0 0 0 ti 0 0 O o O 0 C O 1D V1 N O N OJ O O 0 pp 8 o 0 F W Z N 8 O1 V1 O- m N o O O O O C N m M ul V1 O V1 ti M N M Al .+ N N M M O O M m 0 o O O o 0 o O o 0 0 8 0 0 g 0 0 o O o O g o g 0 0 0 g 0 o pp 0 0 0 0 o O g o 0 0 0 0 0 o o 0 0 0 0 o o o 0 o o 0 F' O O O O O O O O O O o N o O O m N 1(1 O O S N O M O S 1/1 O N N 10 O N O N O W N N Vf P O p V1 O O M O O1 S V8 N Z N P O 10 M ,O P M N O N f0 O H O Vf 1O M �"� .y � t0 � N M .y O � n V1 ^ N P m M a 111 Z 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o g 0 o 0 0 0 0 0 0 o 0 a o o h 0 a. 0 o 0 0 0 0 0 0 0 O 0 o 0 0 0 0 0 0 0 0 o o m n o o 0 0 F O C VI O C O o C N 0 0 0 0 0 0 0 M o 0 CCM o O N N I� W' N N N O, C O O ri O OP O Oo T. Z p P P W O M ,D P N N S N M S O M ^ O N N .y 111 Vf N P IIFI W 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o g 0 o 0 o g 0 o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 p 0 m 0 P 0 O 0 0 0 o m < o o c o 0 o c o 0 0 to m v o 0 0 0 0 0 o O 7 q z � 1.0 W M N N W Vf N ti W O N „Z P P O, m a0 (V rj ? Q M ul .i Z ^� W O O O O p O O O O O 0 0 0 0 0 0 S O O O O O p O O S- N O S O O O O O O O S O O O S O O O O O O O O O O O O O O O Q J F' O ,O o P S O P O P O O O O O N O, S O O o O S O o O ti "� O O O o O P W 0 N N N N H o O o O �-, o O o O = Z M P O M 1(1 t0 Vl O O O O S O M O O NN T W yl W W W W W W W W J J J J J VI 1/I 1/1 W W W W W W W W W W UI J J r Z W m o. N N ti ti �-, " ,y ti m 1 V ti N N b N P 10 N a ^ N ti P N 0 P a ° N e d y� VI IIpp C V F N 9 O P N O c E v N 0 VI 0 o �l a O E C E= N N C c Z N 01 .v mho 2 N c i ya d O cjm m E E ti in m e 2 'm 410° ,cv °n o o�'�" d Y ltil uLi Ef c >> u S- c O ul d m E E � LL m maa 2 2 m 6 H q` G C d Pi C O m m N V1 7 VI VI W A C d I B d y d F' d .� a o o o E IA c N Y1 y m~ z N o O c o c 0 c 00 c c o C' j- f- Y 1n Y, d G C l± g q C 10 C O U LL 8 LLO N N IO N N E E ; q lTl C C C O +� d ; d C O O E gg;; E N Ito g ME N N y C y 'J 1!1 LL `1rU1 T 1'J U Y Y N i0 d 9 0 O e Vo tguf z cdm' t it lXf ry .Ilfi .N-, ,n m.+a dln a+a o NMQ mm rmmO�NM'mlormm o NMVInmr 0 0 0 — � N� N N N� N N 0 0 ui 0 �j z ..... LU 2 LLI > < 4-J CU CL E o :D LU uj > < N CL 0- IL CO w U) w U) j < < co I I I I I I I H I I I I I I t I I 11.0.0 D ob F- z 0 Of LU U- > W is NOI�) qlHSVM ED —j D 19MRamup 0 co 'is VYlVd 0. 1S S 'is SVQ'VGV w0 0 z oo ui 0 z LU 2 LLI > 0 4-J CU CL E o LU > < N 0 CO w U) w U) j < < co (pity of Newport Beach* BUDGET AMENDMENT 2002 -03 ECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates X Increase Expenditure Appropriations Transfer Budget Appropriations SOURCE: from existing budget appropriations from additional estimated revenues PX from unappropriated fund balance EXPLANATION: NO. BA- 015 AMOUNT: SaaS,eso.00 Increase in Budgetary Fund Balance AND X Decrease in Budgetary Fund Balance No effect on Budgetary Fund Balance This budget amendment is requested to provide for the following: To increase expenditure appropriations related to the Balboa Village Improvement Project Phase 2, C -3527. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Number 7261 Transportation & Circulation Fund Account Description 160 3605 CDBG Fund Balance 180 3605 Gas Tax Fund Balance 260 3605 Circulation & Transportation Fund Balance OENUE ESTIMATES (360 1) Number Fund /Division Account Description EXPENDITURE APPROPRIATIONS (3603) Description Division Number 7161 CDBG Account Number C5100543 Balboa Village Plan Division Number 7261 Transportation & Circulation Account Number C5200703 Balboa Village Phase 2 Division Number 7181 Gas Tax Account Number C5100543 Balboa Village Plan Division Number Account Number Division Number Account Number P Signed: Fi cial Approval: Administrative Services Director Peed: Signed: Administrative Approval: City Manager Amount Debit Credit $392,500.00 $25,150.00 $68,000.00 $392,500.00 $68,000.00 $25,150.00 ,fl/r- O Z Date Date City Council Approval: City Clerk Date • .7 /��ri�,a Findings: The City Council has reviewed the Mitigated Negative Declaration and the information in the staff report and all other relevant information and now makes the following findings. 1. On August 14, 2001, the City Council approved the complete plans for the 3 phases of the Balboa Village Improvement Project (the Project). 2. In conjunction with the August 14, 2001 approval of the Project, the City prepared a Mitigated Negative Declaration (MND), State CEQA Clearinghouse 2001011130, which concluded that, with the specified mitigation measures incorporated, the Project would not have a significant effect on the environment. Consistent with CEQA, the MND was submitted to the State CEQA Clearinghouse, circulated for comment and the City prepared responses to the comments. 3. Phase 1 of the Project was completed May 30, 2002. The plans approved on August 14, 2001 called for construction of Phase 2 to commence in September 2002. The Coastal Development Permit for the Project requires all Phase 2 construction to cease prior to June 1, 2003. The City Council is therefore continuing with the implementation of the Project by approving the construction contract for Phase 2. 4. The contracts for construction of Phase 2 are fully consistent with the plans approved by the Council August 14, 2001. Minor revisions were made to the drawings and specifications, primarily to reflect as -built information from Phase 1 construction. No substantial changes are proposed in the Project as adopted in August 2001. 5. No substantial changes have occurred with respect to the circumstances under which the Project is being undertaken which would require major revisions to the previously prepared Mitigated Negative Declaration. No changes in circumstances have occurred that involve a new significant environmental impact or a substantial increase in the severity of a previously identified impact 6. The City Council has received no new information of substantial importance, that was not known and could not have been known in the exercise of reasonable diligence at the time of Project approval, and that shows either that the project will have significant effects not discussed in the MND, or that feasible new mitigation measures have been identified. In particular, at the time of its August 2001 Project approval, the City had the benefit of the information in the MND, the April 2001 City Ficus Landmark Trees report, prepared by Integrated Urban Forestry, and the May 2001 Analysis of Costs To Retain the Main Street Ficus Trees. 7. No additional environmental review is warranted on the Balboa Village Improvement Project or on Phase 2 of the Project. 8. In the implementation of Phase 2, the City Manager shall fully comply with any order of any court of competent jurisdiction. F:\users\cat\shared\cp\pleading\BalboaArbor\findings092402.doc M Viy of Newport Beach • BUDGET AMENDMENT 2002 -03 EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates X Increase Expenditure Appropriations Transfer Budget Appropriations SOURCE: from existing budget appropriations from additional estimated revenues PX from unappropriated fund balance EXPLANATION: NO. BA- 015 AMOUNT: SaeSsso.00 1�7 Increase in Budgetary Fund Balance AND X Decrease in Budgetary Fund Balance No effect on Budgetary Fund Balance SEP z ,z 2UU2 This budget amendment is requested to provide for the following: To increase expenditure appropriations related to the Balboa Village Improvement Project Phase 2, C•3527. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account Description 160 3605 CDBG Fund Balance 180 3605 Gas Tax Fund Balance 260 3605 Circulation & Transportation Fund Balance REVENUE ESTIMATES (3601) Number C5200703 Balboa Village Phase 2 Fund /Division Account Description EXPENDITURE APPROPRIATIONS (3603) Signed: Signed: City Council Approval: City Clerk Amount Debit Credit $392,500.00 $25,150.00 $68,000.00 $392,500.00 $68,000.00 $25,150.00 Date O 2� ate Date Description Division Number 7161 CDBG Account Number C5100543 Balboa Village Plan Division Number 7261 Transportation & Circulation Account Number C5200703 Balboa Village Phase 2 Division Number 7181 Gas Tax Account Number C5100543 Balboa Village Plan Division Number Account Number Division Number Account Number Signed: FIrWcIal Approval: Administrative Services Director Signed: Signed: City Council Approval: City Clerk Amount Debit Credit $392,500.00 $25,150.00 $68,000.00 $392,500.00 $68,000.00 $25,150.00 Date O 2� ate Date �J E, 0 6 AUG G 7 2UO2 TO: Mayor and Members of the City Council FROM: Public Works Department c �5d August 27, 2002 CITY COUNCIL AGENDA ITEM NO. 10 SUBJECT: BALBOA VILLAGE IMPROVEMENTS PHASE 2 - AWARD OF CONTRACT NO. 3527 RECOMMENDATIONS: 1. Approve the plans and specifications 2. Award Contract No. 3527 to Hillcrest Contracting, for the Total Bid Price of $2,840,899.97, and authorize the Mayor and the City Clerk to execute the contract. 3. Approve a Budget Amendment appropriating $392,500 from CDBG 108 Loan Proceeds to Balboa Village Phase II Account No. 7161- C5100543 4. Approve a Budget Amendment appropriating $68,000 from the Circulation and Transportation Fund Balance to Account No. 7261- C5200703 entitled Balboa Village Phase II. OVERVIEW The proposed improvements for Balboa Village will be implemented in three phases. The construction drawings and specifications were prepared by Psomas for all three phases and were completed in May 2001. Construction of Phase 1 was completed on May 30, 2002, and included the reconstruction of Balboa Boulevard, the Pier Parking Lot, the Pier Plaza, and the connecting road from the 'A' Street Parking Lot. The total cost of Phase 1 was approximately $4.5 million. The Balboa Pier and Washington Street Restrooms were built as a separate contract in tandem with the Village Phase 1 improvements and were funded with the proceeds of the American Trader Oil Spill settlement. For Phase 2, minor revisions were made to the drawings and specifications primarily to reflect as -built information from the Phase 1 construction. The Phase 2 project provides for the reconstruction of street pavement, sidewalks, landscaping, street furniture, and street lighting on: • Main Street (from the Pier Plaza to the Balboa Pavilion) • Washington and Palm Streets (from Oceanfront to Balboa Boulevard) • Oceanfront (from A Street to Adams Street) Additionally, new streetlights will be installed on Edgewater, East Bay Avenue, and Washington Street - north of Balboa Boulevard. A water main will be constructed in the alley behind the theatre from Main Street to Palm Street. SUBJECT: BALBOA VILLAGE (MOVEMENTS PHASE 2 - AWARD OF CONTRACT N0527 August 27, 2002 Page: 2 The Village Phase 2 Improvements will take place concurrently with several other projects in the • Village area including: 1. Installation of a Southern California Edison vault in Main Street (October, 2002). 2. Expansion of the Balboa Inn (expected to start January, 2003). 3. Reconstruction of the sewer pump station on Balboa Boulevard at 'A' Street (starting February, 2003). CONTRACTOR BIDS FOR PHASE 2 At 2:00 P.M. on July 31, 2002, the City Clerk opened and read the following bids for this project: BIDDER TOTAL BID AMOUNT Low Hillcrest Contracting $2,840,899.97 2 Griffith Company $2,877,142.80 3 PALP, Inc. dba Excel Paving $3,126,336.65 4 LA Engineering $3,133,229.40 5 GCI Construction $3,185,728.40 6 Sequel Contractors $3,188,933,40 'Corrected Bid Amount The low total bid amount is fourteen percent above the Engineer's Estimate of $2.5 million. The low bidder, Hillcrest Contracting, Inc., possesses a General Engineering Contractor "A" License as required by the project specifications. Hillcrest Contracting has not performed work within the City, however, references provided favorable reviews of Hillcrest Contracting's work on • projects of similar size and scope. Many of Hillcrest Contracting's subcontractors (Shaw & Sons, Orange County Striping, F.J. Johnson) have satisfactorily completed projects for the City. PHASE 2 CONSTRUCTION Construction of Phase 2 is anticipated to commence the week of September 23, 2002. A pre - construction meeting will be scheduled as soon as the City approves the contract documents and receives a project schedule from the Contractor. Meetings with the Balboa Merchants and Owners Association and the Peninsula Point Association are occurring on a regular basis to keep everyone updated on the proposed Phase 2 improvements. Engineers are also meeting with the business owners and the Post Office to discuss business access and delivery options. FUNDING Funds in the amount of $2,355,000 are available within the FY2002/03 CIP for this project. An additional $392,500 is available for this project from the CDBG 108 Loan. Staff is recommending appropriation of these additional CDBG loan proceeds to the Balboa Village project. Staff is also requesting appropriation of $68,000 from the Circulation and Transportation fund balance to accommodate the traffic signal and cabinet improvements at Main Street and Balboa Boulevard. • The revised construction funds available for the project are shown within in the following accounts: is SUBJECT: BALBOA VILLAGE IMPROMENTS PHASE 2 - AWARD OF CONTRACT NO. 3S<7 August 27, 2002 Page: 3 Account Description Balboa Village Water Main Improvement Balboa Village Plan Phase 2 (CDBG) Balboa Village Plan Phase 2 (Neighborhood Enhancement) Balboa Village — (Circulation & Transportation) Balboa Village Plan (General Fund) Account Number Amount 7501- C5500678 175,000 7161- C5100543 "2,386,000 7024- C5100543 188,500 7261- C5200703 68,000 7013- C5100543 25,000 Total 2,842,500 ` Includes the proposed BA for $392,500 from CDBG 108 Loan With the Phase 2 construction bid cost at $2,840,899.97 and available funds at $2,842,500, there are no additional available funds for changes or unforeseen work (construction contingency), construction management, and engineering support during construction. Upon contract award, City staff will negotiate with the contractor to achieve cost reductions in order to fund construction management services, engineering support services, and the various construction contingencies as they arise. It is estimated that approximately $240,000 in reductions may be required for construction management and engineering and up to an additional $230,000 (8% contingency) for unforeseen work and changes. Staff is currently negotiating construction management contracts and professional services agreements that will be submitted to City Council for approval at the September 10, 2002 meeting. To achieve this cost reduction, it will be necessary to reduce the scope of the Phase 2 work. Work scope reductions that may be considered by staff may include: the deletion or deferral of streets or portions of streets (i.e. Defer Washington Street improvements, or a portion of Main Street); the reduction of the limits of decorative paving (i.e. reduce the amount of decorative paving on the multi -use Oceanfront trail); the deletion or deferral of decorative improvements such as the serpentine wall along the Oceanfront trail and /or the use of alternative materials to reduce costs. The items of work that are deleted from the project may be considered for inclusion in a third phase improvement project, which was anticipated in the original concept but unfunded, within a future CIP budget as approved by City Council. Respectfully BUBORKS DEPARTMENT Step en G. Badu ,Director Robert Stein, .E. Project Manager Attachments: Project Location Map Bid Summary • • In CN WO U) TL U (10 -j 0 O 0 04 II C) U) ILS •1s I ,V,, w C\l > - - --I_ Q- 0 :2 Uj C-4 <0 0 Co LO 04 a LU U) -J U) < >- U) K < LLJ ED Ckf LLI <71 n- LLJ U) < R Niv/ Is ; NIVIN C50 ?° tz V)V) uj V9 ❑ H"HHHHHHH! 0 � 0 lIlLlIlL IUIIUIj) 41HSVM S NOA re > cz m M (0 I < Ln < N 0 0 m LLJ S < 0 m < as NlVd J a zz Xaf< LLI nzz :23: co V- < C14 < Lj 0 1S SWbpb — < ti S NV(1V CD z LU y af a_ UJ In CN WO U) TL U (10 -j 0 O 0 04 II C) U) 0 1] 0 = W V � ma �a 00 W w z L3 row r J U m CL 6 O CN W U g � o O � Y Y � V O M U O� 0 � O m m e 0 O W Ngm »S M i Q Q fC w O �G U, Q O w Z m Z N Gw w Zt � w a Ll z D 0 Q r z O S O O S S S S S S O O S S S S S S S O g g g g 0 0 0 ��F Z OOO O OO gN of O O O g O UnO f SM p8N bN O v� N O vl N O O oSp OM.� O op N O 8O p O <m G m C N N q 0 O ry N O hM N NN m d q N � � N OP I VI Q 0 u W S g p V q n u+ O m O O M o 0 O p p p S S pp A N d YI N N N IV H N fV N N N O. w Z O n o M N b tl1 v'I N M O 0 o 0 0 0 0 0 0 0 0 0 o 0p S S S O 0 o 0 0 0 00 0 0 0 0 0 o o Op S S S O O 0 O 0 m 0 O 0 C C 0 O 0 G O 0 C C e C C O O O O g O p O S 0 Ip(1 O b O S p m n p �O n O O N OO d N S Om O C N n q z P q O O HI m m 1� d OI N 1�1 � Q 8 0 0 0 0 0 0 0 0 o p p ao 0 0 0 0 0 0 o oonrv000inpomoo o o obinoo�+omOdaaadgS M o n n o e e C C U O O N ti n b b N m 1!1 ri b� b P p N fpl N n Op N M M N N N N 1D Z e1 p O m O G p p p p p p p p O m O C p p p p p p p p p p O p O O e e e e 8 S 8 8 F Z O o O O o O m P b 0 0 O 0 T 0 o .O VI a b C o P O m m Iff n m I!f ry b G o m G p O G m P O p O C M Iff C V+ m N C o N S O O pp O C .+ C O m C N e Nea e G m pCp C n M= a n M N ul P N N P N N V M n N M LK S N O N g O N m N Q m n d q N z m •• � m N m ro m N M r� WQ w o000000000u+ooa000g 00 �o 00o M .e u+rrvoo p a g °o °o °om °oaaggg$ °o 44 SpmM ti N ti Op 'Ie1 'IN N N N Z Op J � N VI YI VI YI VI VI N YI W W � � VI J J J N � YI J IA V1 N VI N 1/1 W F z Z -• •� M N O O O. O M 1(f p O O O O O M N N 1(1 pm p S O O O pp O n p S Lq oo N 1A M ? - d V N yp A N pN C IG t+ TI O L m Y Y Y Y O Q e a_ S IL E O q Y Q J V W r q u S 0 Q O- C Y C� a 1� 1A m A O. W a b m 9 F o ry H v o F E E E t E L g w 5 G f F V tg C C K C C z nb' C K � a F F F f vIDi � F F F H F H 21-1- W F M P b m n m g O � N M P b m n I-IN N N N N N N n N m N g N 0 M x U W 0 CL W Z U. 0 Z W a a W 0 0 3 u n m m IL Z QY0 U � m I m W °m f� W Q W Z w Z w d 1] r1 LJ Ll z 0 a z e0 SEE 88 °og S °o c4I(i c48 i g $0 g0 gp gp gvNi gc So g0 o ° °o S °o °o ° o O O o , c c a Z$ n 4 O C m o 0 g S po N, $ O N ° N N O g g O a N M ti V 1 ti O N T V P C N N O N O b O M 1!1 N 4,4'a M N Of N N + b P Q N U w 8ea egg O O O 8888888 W Z A O ;AA N S 0 0 m N N N N O N H P V1 M N O O O O 1(1 O O 6 0 0 0 O O O O O O O O O O O I- O O N O O O' 0] m O m N O O O O O O �0 0 0 0 0$ 0 0 p 01 O O O Z 1D a n W m Vf O S O1 VI .O N O M V1 < N O O li N fY, O O N VI �' M N N 2 N N N N N Q 2 u o O W P n N n P ti 0 W N 0 N N v+ .O o Ol ti 0 O N m N 0 0 O 0 0 ll. 0 0 VI 0 0 V1 0 0 V 0 0 O 0 m m 0 O 0 G O 0 O O 0 O O 0 O Cf 0 O 0 0 O 0& O n b 0 O O 0 O O 0 O O Z K N N N" m< O 000,,, m N of O N h O N M 0 0 0 0 O O O O coo O O O 0 O O O J CC (S 0O ° O 0O ° O O O 0 O 0 O 0 O 0 O 0 O 0 0 0 O O "89098M O 6 p 0 0 0 0 O 0 O O O O O O O O O O p O O O S Z M N I(f O M b .O O N O P O O M YI M N N zN a W Z W g N N 0 00 o P r1 ,G P MmN$goo.000000O$o�t O P O O O O G 0 0 0 0 0 0 m 0 000 0 0 N N N NQ �D0 VI N N N 23 !31 +H61 W tW/1 W W W W H O D a S 3 -RT d d „ 6" = Yi CG m i 3y Z G 11 1AJ Z c E E a�NG t�g E S o -9 c 's J 8 8 d Ld r, O p y N N> dT d iy C a - 3 > y 3q � ' ,.c. .6a d m 1N 7 � m F c .� L L N .� L L U N ffi ffi ffi ffi d- d' yN� LO ��o�� °a S S S S S C E g m 3 7 F- gF- HHggggu a�n cl ,o ,c ucuriv n'rva 1�3Hma W mm��M�mw�vvvv�ovave u n r1 LJ Ll 0 • Z = W Q � ma �a 00 ui Z0 LL.3 0 �m CL CL Pj 8 � o O S Y y � W U O U M U Z W Qx0 V � M m m • r D 0 a r z S0 O 0 O pp O o O p0 O O 0 O S pp 0 op 6 0 S 0 O S 0 0 0 0 0 0 pp 0 o RIP 0 S S. 0 O 0 O 0 O 0 O r Z o O S p O 0 V 0 N 0 P 0 O S 0 O 0 O S 0 O 0 O p 8 o 0 o 0 ri 0 o N 0 N 0 O N 0 N S 0 N 0 O p Od 0 a 0 N pp yo 0 N 0 O �'N O Iff t+l W N O ti O u1 O d O M d ti H P u1 H N W M C N N Q Z w 0 Si,o 0 0 0 oc4ig 0 opp Sg 0 oog 0 0 oo 0 S 0 oo.ab 0 0 .00gg 0 0 opp ggppg S g0 0 g o og W I N O VI O M CCSS nl N N M W M N SO O O O p 6 p O O O S o O 0 O S 0 O 0 O S O O O O S 0 O 0 O S O O O b p !S O O O O O O O O O O O O O O r O O O O Op� N O O O O G O O O O N O O O Vf O M m tC M IV O+ O n C n P O O m O O O N ti N m P m m O O O O O W Z O O O M U� pO N N M W P P b M ti ti m b ONp M M d N S N N N.yj N N M M b P UiQ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o p o 0 (UJ ~ 00000 S p Op O N N 0000pocOOP�000mmmWmoSOS$OOOOO Q S N fT m S (� M P S N O O N O O M P O O O L'i m 1� h N O 5= N Z M M M p P M N M M M N N H m N S0 o 0 0 0 0 0 0 0 o S 0 o 0 o S 0 O 0 o S 0 O 0 o S 0 O 0 o cQi, S 0 lc 0 o 0 0 0 o S 0 p 0 o 0 p 0 o 0 a r Z 0 O 0 S Vf N N H h m V P NO li O d M P m N V m O m M N d M N O M N O T O m M N 1� H P �+ d 10 m P N W ZQ Z z w o o 0 o g o o a 0 o 0 p o p a 0 0 p o p p g p o a o S 0 o 0 o 0 m 0 o 0 m$ o o a o S o o a o S o o o o p M o o 0 0 SS O 8 S ti S N n O M O G M P 0 0 0 N N N O ~ P P O m P P 1 O N W W W J LLJ J J W W W W W m V1 W W� J � LLJ LLJ J W W J W W W W J W r O O O pp M M � 0 0 0 0 W U E L a c Z� 0 6-5 a Eu'i °c$ am 'dC s rll Yll All 4� C LL F y C C V1 y uY VI N 3 4 t MI j SW N A WH w✓ c ti ✓ ti 1% ~ LX �VV L t Ol C ��� W> CCC Uyy m C :CJ N ^yWl�.� r C U G Y V C V N N N N C N L W LN IRL IL IL LL LL O Il LL VI K H LL K N V1 �Ci S i-Ci _C ti n�i rCi H r�i tipp 1� R� m r I" � f a6 *qity of Newport Beac(b BUDGET AMENDMENT 2002 -03 EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates Increase Expenditure Appropriations AND X Transfer Budget Appropriations SOURCE: from existing budget appropriations from additional estimated revenues rx I from unappropriated fund balance EXPLANATION: This budget amendment is requested to provide for the following: NO. BA- 005 AMOUNT: 5450,500.00 Increase in Budgetary Fund Balance 0 Decrease in Budgetary Fund Balance No effect on Budgetary Fund Balance To increase expenditure appropriations related to the Balboa Village Improvement Project, Phase 2, C -3527. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account 160 3605 260 3605 REVENUE ESTIMATES (3601) Fund /Division Account EXPENDITURE APPROPRIATIONS (3603) Description CDBG Fund Balance Circulation & Transportation Fund Balance Description Signed: Z e--Ol Financial Approval: Administrative Services Director Signed: Administrative Approval: City Manager Amount Debit Credit $392,500.00 $68,000.00 Autcmatc 40 $392,500.00 $68,000.00 : Gi Date Date Signed: City Council Approval: City Clerk Date Description Division Number 7161 CDBG Account Number C5100543 Balboa Village Plan Division Number 7261 Transportation & Circulation Account Number C5200703 Balboa Village Phase 2 Division Number Account Number Division Number Account Number Division Number Account Number Signed: Z e--Ol Financial Approval: Administrative Services Director Signed: Administrative Approval: City Manager Amount Debit Credit $392,500.00 $68,000.00 Autcmatc 40 $392,500.00 $68,000.00 : Gi Date Date Signed: City Council Approval: City Clerk Date C- 33'��IB AMENDMENT NO. 1 TO TEMPORARY EMPLOYMENT AGREEMENT WITH EMMET BERKERY THIS AMENDMENT NO. 1 TO THE TEMPORARY EMPLOYMENT AGREEMENT, entered into this t_k day of S ,r-& � 2002, by and between the CITY OF NEWPORT BEACH, a municipal corporation, (hereinafter referred to as "CITY ") and Emmet Berkery, P.E., whose address is 1740 E. Garry Avenue, Suite 112, Santa Ana, California, 92705, (hereinafter referred to as "Employee" is made with reference to the following: RECITALS: A. On June 13, 2001, CITY and EMPLOYEE entered into a Temporary Employment Agreement, hereinafter referred to as "AGREEMENT ", for project management services for the Balboa Village Improvement Project, hereinafter referred to as "PROJECT ". B. CITY desires to enter into this AMENDMENT NO. 1 to extend the term of EMPLOYEE's employment to January 1, 2003. C. CITY desires to compensate EMPLOYEE for additional professional services•needed for PROJECT. D. CITY and EMPLOYEE mutually desire to amend AGREEMENT, hereinafter referred to as "AMENDMENT NO. 1 ", as provided here below. NOW, THEREFORE, the parties hereto agree as follows: 1. EMPLOYEE shall be compensated for services performed pursuant to this AMENDMENT NO. 1 at the hourly rate of $70. 2. Total additional compensation to EMPLOYEE for services performed pursuant to this AMENDMENT NO. 1 shall not exceed thirty -three thousand, six hundred and 001100 Dollars ($33,600.00). 2003. 3. The term of the AGREEMENT shall be extended to January 1, 4. Except as expressly modified herein, all other provisions, terms, and covenants set forth in AGREEMENT shall remain unchanged and shall be in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT NO. 1 on the date first above written. ATTEST: By:'&/�7� L?) . �&2�) City Clerk APPROVED 0§ TO FORM: By: &�A� i< y Attorney CITY OF NEWPORT BEACH, A municipal corporation BY: C Mayor Emmet Berkery M fAusem\pbw\shared\agreements\fy 02 -03 \emmet berkery- balboa village.doc CI "PY OF NEWPORT PEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3005 October 8, 2002 GCI Construction, Inc. 245 Fischer Avenue, Suite B -3 Costa Mesa, CA 92626 Gentlemen: Thank you for your courtesy in submitting a bid for the Balboa Village Improvements Phase 2 (Contract No. 3527) in the City of Newport Beach. Enclosed is the Bid Bond which accompanied your proposal for the above mentioned project. Your cooperation in working with us on this matter is greatly appreciated, and we hope that you will accept future opportunities to bid on projects of a similiar nature. Enclosure Sincerely, j61 167L' e M . lVao'-&' LaVonne M. Harkless, CMC /AAE City Clerk 3300 Newport Boulevard, Newport Beach CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3005 October 8, 2002 Los Angeles Engineering, Inc. 4134 Temple City Blvd. Rosemead, CA 91770 Gentlemen: Thank you for your courtesy in submitting a bid for the Balboa Village Improvements Phase 2 (Contract No. 3527) in the City of Newport Beach. Enclosed is the Bid Bond which accompanied your proposal for the above mentioned project. Your cooperation in working with us on this matter is greatly appreciated, and we hope that you will accept future opportunities to bid on projects of a similiar nature. Enclosure Sincerely, LaVonne M. Harkless, CMC /AAE City Clerk 3300 Newport Boulevard, Newport Beach CAk OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3005 October 8, 2002 Excel Paving Company 2230 Lemon Avenue Long Beach, CA 90806 Gentlemen: Thank you for your courtesy in submitting a bid for the Balboa Village Improvements Phase 2 (Contract No. 3527) in the City of Newport Beach. Enclosed is the Bid Bond which accompanied your proposal for the above mentioned project. Your cooperation in working with us on this matter is greatly appreciated, and we hope that you will accept future opportunities to bid on projects of a similiar nature. Enclosure Sincerely, c4 M _ z" LaVonne M. Harkless, CMC /AAE City Clerk 3300 Newport Boulevard, Newport Beach CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 6443005 October 8, 2002 Sequel Contractors, Inc. P. O. Box 160 Downey, CA 90241 -0160 Gentlemen: Thank you for your courtesy in submitting a bid for the Balboa Village Improvements Phase 2 (Contract No. 3527) in the City of Newport Beach. Enclosed is the Bid Bond which accompanied your proposal for the above mentioned project. Your cooperation in working with us on this matter is greatly appreciated, and we hope that you will accept future opportunities to bid on projects of a similiar nature. Enclosure Sincerely, LaVonne M. Harkless, CMClAAE City Clerk 3300 Newport Boulevard, Newport Beach CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3005 October 8, 2002 Griffith Company 2020 South Yale Street Santa Ana, CA 92704 -3974 Gentlemen: Thank you for your courtesy in submitting a bid for the Balboa Village Improvements Phase 2 (Contract No. 3527) in the City of Newport Beach. Enclosed is the Bid Bond which accompanied your proposal for the above mentioned project. Your cooperation in working with us on this matter is greatly appreciated, and we hope that you will accept future opportunities to bid on projects of a similiar nature. Enclosure Sincerely, LaVonne M. Harkless, CMC /AAE City Clerk 3300 Newport Boulevard, Newport Beach