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HomeMy WebLinkAboutC-3618 - Newport Elementary School Playground Rehabilitationi OFFICE OF THE CI'T'Y CLERK LaVonne M. Harkless, CMC August 26, 2004 Haitbrink Asphalt Paving, Inc. 480 S. Old Ranch Road Anaheim, CA 92808 Subject: Newport Elementary School Playground Resurfacing (C -3618) To Whom It May Concern: On August 26, 2003, the City Council of Newport Beach accepted the work of the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 35 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code and to release the Faithful Performance Bond one year after Council acceptance. The Labor & Materials Bond was released on October 15, 2003. The Surety for the contract is Developers Surety and Indemnity Company, and the bond number is 835366P. Enclosed is the Faithful Performance Bond. Sincerely, ..f ..` 7 I ✓Tug. • � '7 LaVonne M. Harkless, MMC City Clerk cc: Public Works Department Sean Crumby, Project Manager enclosure 3300 Newport Boulevard • Post Office Box 1768 - Newport Beach, California 92658 -8915 Telephone: (949) 644 -3005 • Fax: (949) 644 -3039 - www.city.newport- beach.ca.us M .ADJ USTM = \T EASED ON FINAL CO!< T PAC"ii P :iC CITY OF NEWPORT BEACH Executed in four originals PUBLIC WORKS DEPARTMENT NEWPORT ELEMENTARY SCHOOL PLAYGROUND REHABILITATION CONTRACT NO. 3618 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 2,148.00 being at the rate of $ 25.00 per thousand of the Contract price. WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, awarded to Haitbrink Asphalt Paving, Inc., hereinafter designated as the "Principal', a contract for construction of NEWPORT ELEMENTARY SCHOOL PLAYGROUND REHABILITATION, Contract No. 3618 in the City of Newport Beach, in strict conformity with the plans, drawings, specifications, and other Contract Documents maintained in the Public Works Department of the City of Newport Beach, all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute Contract No. 3618 and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract; NOW, THEREFORE, we, the Principal, and Developers Surety and Indemnity Company , duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety "), are held and firmly bound unto the City of Newport Beach, in the sum of eighty -five thousand, nine hundred twenty -five and 00/100 Dollars ($85,925.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the work, covenants, conditions, and agreements In the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnity, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. 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 and Surety above named, on the 2 day of July 2003. Haitbrink Asphalt Paving, Inc. Haitbrink Asphalt Paving, Inc. (Principal) Developers Surety and Indemnity Company Name of Surety 17780 Fitch, Suite 200 Irvine CA 92614 Address of Surety 949- 263 -3300 Telephone Authorized SignaturefTtl e C Authorize Agen Mark Richardson, Attorney -in -Fact Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED CALIFORNIA ALL - PURPOSE A,,KNOWLEDGMENT State of California County of Orange On -r\k lti� 2 , before me Quven Pham, Notary Public (DATE NAME, TITLE OF OFFICER personally appeared Mark Richardson NAME(S) OF SIGNER(S) Q personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence .- :�� »�.. oUYEN PRAM COMM. # 1384040 NotarJ Publc•California `n My Comm Expires -+ NCSVEMBEfl 9 2006 to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official Place Notary Seal Above — Signafure;gf Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.. CAPACITY CLAIMED BY-SIGNER DESCRIPTION OF ATTACHED DOCUMENT Signer's Name:_ ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) - ❑ LIMITED ❑ GENERAL Q ATTORNEY -IN- FACT ❑ TRUSTEE ❑ GUARDIAN OR CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) TITLE OR TYPE DOCUMENT NUMBER OF PAGES DOCUMENT DATE SIGNER(S) OTHER THAN NAMED ABOVE POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO BOX 19725. IRVINE, CA 92623 • (949)'_63 -3300 KNOW ALL MEN BY THESE PRESENTS, that except as expressly limited. DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each, hereby make, constitute and appoint: ** *Eric Lowey, Mark Richardson, jointly or severally * ** as their true and lawful Anornes(s) -in -Faa, to make, execute. deliver and acknowledee, for and on behalf of said corporations. as sureties. bonds, undenakines and contracts of sureivship giving and granting unto said A tarney(s) -in -Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation, and all of the acts of said Auornev(s) -in -Faa, pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney is granted and is si_¢ned by facsimile under and by authority of the fbllowin_ resolutions adopted by the respective Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of November 1. 2000: RESOLVED. that the Chairman of the Board, the President and any Vice President of the corporation be, and that each of them hereby is, authorized to execute Powers of Attorney, qualifving the atmrnev(s) named in the Powers of Anornev to execute, on behalf of the corporations, bonds, undertakings and contracts of souryship: and that the SeCoulav or any Assistant Secretary of the corporations be. and ench of them hereby is, authorized w attest the execution of any such Power of Attorney: RESOLVED, FURTHER. that the sisnmures of such officers may be affixed to any such Power of At ornev or to any cenitic:ue relative thereto by facsimile, and any such Power of Anornev or cc it ificare beari no such facsimile sienatu re.s shall be vn lid aad binding upon the corpora ion when so at fixe(l and in the future with respect to any bond. undertakine or comract of suretyship to which it is attached. IN WITNESS WHEREOF. DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have sever:lh• caused these presents to be signed by their respective Executive Vice President and arrested by their respective Secretary this g'" day of January, 2001 Bv: PEjy „ P ORgln0..R4pore ;' &ANyo David H. Rhodes. Executive Vice President G P,POq 4 �, (� _ c' 3 OCT. OCT 5 19 6 F- i n -- ti 40 F T� . aoc w 1967 b Wuher A. Crowell. Secretary ., STATE OF CALIFORNIA ) )SS. COUNTY OF ORANGE ) On January S, 2002, before me, Antonio Alvarado, personally appeared David H. Rhodes and Walter A. Crowell. personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons whose names are subscribed to the within instrument and neknow)edged to me that thev executed the same in their authorized capacities. and that by their si enet ores on the instrument the entity upon behalf of which the nersone acted. executed the instrument. WITNESS my hand and official seal. Signature CERTIFICATE ANTONIO ALVARADO p COMM. K 1300303 :—r- Notary Public - California 3: ORANGE COUNTY Ay Comm. Expires APRIL 10, 2005 The undersigned. as Chief Operating Officer of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA. does hereby cenifv that the foreeoine Power of Anornev remains in full force and has not been revoked, and furthermore. that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth In the Power of Attorney, ire in force as of the date of this Certificate. This Certificate is executed in the City of Irvine. California, the 2 dzr of July 2003 By David G. Lane, Chief Operating Officer ID -1380 (01 /0_) 0 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK LaVonne M. Harkless, CMC October 15, 2003 Haitbrink Asphalt Paving, Inc. 480 S. Old Ranch Road Anaheim, CA 92808 Subject: Newport Elementary School Playground Resurfacing (C -3618) To Whom It May Concern: On August 26, 2003, the City Council of Newport Beach accepted the work of the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 35 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code, and to release the Faithful Performance Bond one year after Council acceptance. The Notice of Completion was recorded by the Orange County Recorder on September 10, 2003, Reference No. 2003001107428. The Surety for the contract is Developers Surety and Indemnity Company, and the bond number is 835366P. Enclosed is the Labor & Materials Payment Bond. Sincerely, LaVonne M. Harkless, CMC City Clerk cc: Public Works Department Sean Crumby, Project Manager encl. 3300 Newport Boulevard • Post Office Box 1768 - Newport Beach, California 92658 -8915 Telephone: (9491644-3005 • Fax: (9491644-3039 www.city.newport- beach.ca.us 0 0 Executed in four originals Premium included in Performance Bond CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT NEWPORT ELEMENTARY SCHOOL PLAYGROUND REHABILITATION CONTRACT NO. 3618 BOND NO. 835366P LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, has awarded to Haitbrink Asphalt Paving, Inc., hereinafter designated as the "Principal," a contract for construction of NEWPORT ELEMENTARY SCHOOL PLAYGROUND REHABILITATION, Contract No. 3618 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. 3618 and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth: NOW, THEREFORE, We the undersigned Principal, and, Developers Surety and Indemnity Company duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety') are held firmly bound unto the City of Newport Beach, in the sum of eighty -five thousand, nine hundred twenty -five and 00 /100 Dollars ($85,925.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorney's fee, to be fixed by the Court as required by the provisions of Section 3250 of the Civil Code of the State of California. 0 s 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 or additions to the terms of the Contract or to the work or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the 2 day of July , 2003. Haitbrink Asphalt Paving, Inc. Haitbrink Asphalt Paving, Inc. (Principal) Developers Surety and Indemnity Company Name of Surety 17780 Fitch, Suite 200 Irvine CA 92614 Address of Surety 949- 263 -3300 Telephone Authorized Signtature -It" f i Authorize Agent ' u Mark Richardson, Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of Orange !^, n' On before me Quyen Pham Notary Public D�TE NAME, TITLE OF OFFICER personally appeared Mark Richardson NAME(S) OF SIGNER(S) CSI personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence . to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my �andland official seal. Place Notary Seal Above _­5ignature' 6f Notify Public ( '1 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. CAPACITY CLAIMED BY SIGNER Signer's Name: ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) - ❑ LIMITED ❑ GENERAL Q ATTORNEY -IN- FACT ❑ TRUSTEE ❑ GUARDIAN OR CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE DOCUMENT NUMBER OF PAGES DOCUMENT DATE SIGNER(S) OTHER THAN NAMED ABOVE • RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 is Recorded in Official Records, County of Orange 'rom Daly, Clerk- Recorder llllllil! I! IIIIIIIIIIIIIII! II! II IN! IIIIIIII!IIIIi1III!IIIIINIIIINO FEE 200300110742810:46am 09110/03 119 92 N12 1 0.00 0.00 OM 0.00 0.00 o.00 0.00 0.00 'Exempt from recording fees pursuant to Government Code Section 6103" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and Haitbrink Asphalt Paving, Inc., of Anaheim, California, as Contractor, entered into a Contract on July 8, 2003. Said Contract set forth certain improvements, as follows: Newport Elementary School Playground Rehabilitation (C -3618) Work on said Contract was completed on August 1 2003, and was found to be acceptable on August 26 2003, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Developers Surety and Indemnity Company. Public Works Director City of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on at Newport Beach, California. BY City Clerk 11 �1. 0 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK LaVonne M. Harkless, CMC August 27, 2003 Orange County Recorder P. O. Box 238 Santa Ana, CA 92702 RE: Notice of Completion for the Newport Elementary School Playground Rehabilitation Project (C- 3618); Please record the enclosed document and return them to the City Clerk's Office. Thank you. Sincerely, LaVonne M. Harkless, CIVIC City Clerk Enclosures 3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, California 92658 -8915 Telephone: (949) 644 -3005 . Fax: (949) 644 -3039 • www.city.newport- beach.ca.us • • RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 "Exempt from recording fees pursuant to Government Code Section 6103" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and Haitbrink Asphalt Paving, Inc., of Anaheim, California, as Contractor, entered into a Contract on July 8 2003. Said Contract set forth certain improvements, as follows: Newport Elementary School Playground Rehabilitation (C -3618) Work on said Contract was completed on August 1, 2003, and was found to be acceptable on August 26, 2003, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Developers Surety and Indemnity Company. k I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on f, i at Newport Beach, California. J . 61 r, City Clerk 0 CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 7 August 26, 2003 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Sean Crumby, P.E. 949 - 644 -3311 scrumby @city.newport- beach.ca.us SUBJECT: NEWPORT ELEMENTARY SCHOOL PLAYGROUND RESURFACING — COMPLETION AND ACCEPTANCE OF CONTRACT NO. 3618 RECOMMENDATIONS: 1. Accept the work. 2. Authorize the City Clerk to file a Notice of Completion. 3. Authorize the City Clerk to release the Labor and Materials bond 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code. 4. Release the Faithful Performance Bond 1 year after Council acceptance. DISCUSSION: On July 8, 2003, the City Council authorized the award of Newport Elementary School Playground Resurfacing to Haitbrink Asphalt Paving, Inc. The contract provided for the resurfacing for the beach playground area for the Newport Elementary School. 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: $85,925 Actual amount of bid items constructed: $85,925 Total amount of change orders: $1,800 Final contract cost: $87,725 The final overall construction cost including change orders was 2.09 percent over the original bid amount. One change order in the amount of $1,800 provided for the addition of a PVC conduit for a future intercom system. SUBJECT: Newport Elementary of Playground Resurfacing - Completion And Acc ce of Contract No. 3618 August 26, 2003 Page 2 Funds for the project were expended from the following accounts: Account Description Account No. Amount Tide and Submerged Land 7231 C5100723 $58,483.33 Contributions 7251 C5100723 $29,241.67 The contribution is from the Newport Mesa Unified School District, which will be invoiced for their share. All work was completed on August 1, 2003, ahead of the scheduled completion date. Environmental Review: This project was determined to be exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15302 of the CEQA Implementation Guidelines at the time the project was authorized by the City Council. This exemption covers the maintenance and alteration of existing public facilities with negligible expansion of the facilities in areas that are not environmentally sensitive. This project involves resurfacing an existing playground. Prepared by: YX t( -� Sean Crumbf P.E. Junior Civil Engineer S miffed by: �atAIXV Richard Edmonston, P.E. for the Public Works Director uR My 6F CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 10 August 26, 2003 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Richard Edmonston, Transportation and Development Services Manager 949 - 644 -3311 redmonston @city.newport- beach.ca.us SUBJECT: NEWPORT HEIGHTS /CLIFF HAVEN NEIGHBORHOOD TRAFFIC MANAGEMENT PROGRAM — APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH KATZ, OKITSU & ASSOCIATES RECOMMENDATION: Approve a Professional Services Agreement with Katz, Okitsu & Associates of Tustin, CA, for preparing the Newport Heights /Cliff Haven Neighborhood Traffic Management Program (NTMP) at a contract price of $84,990 and authorize the Mayor and City Clerk to execute the Agreement. DISCUSSION: Three firms were invited to submit proposals to provide engineering services for the NTMP. Two firms responded to the City's request for proposals: • Katz, Okitsu & Associates • Willdan The proposals were independently reviewed to evaluate each firm's qualifications, past experience on similar projects, and availability before ranking Katz, Okitsu & Associates the highest. Upon selection, staff negotiated with Katz, Okitsu & Associates to provide the necessary scope of services for a fee of $84,990. This firm has completed engineering services competently and professionally on similar projects for other local agencies in Southern California. The scope of engineering professional services will include: • Data collection — Staff has conducted traffic counts and speed studies on many of the streets within the study area which is bounded by Coast Highway, Newport Boulevard, 15" and 16" Streets, and Dover Drive. The consultant will conduct additional counts if determined to be necessary. They will also conduct license SUBJECT: Newport Heights N #rhood Traffic Management Program — Approval �fessional Services Agreement with Katz, Okitsu & Assoc s August 26, 2003 Page 2 plate surveys on approximately four streets to evaluate the extent of pass - through traffic. • Citizen workshops — Up to six workshops will be held with participation by area residents. These workshops will take place at key points throughout the project. • Vehicular and Pedestrian traffic analysis — The consultant will evaluate all the available data along with citizen input to determine the impact on neighborhood safety and reasonableness of traffic volumes. • Recommend mitigation measures — The consultant will prepare a prioritized list of recommended mitigation measures that could include signing, geometric changes, landscaped gateways as well as other methods that have proven to be effective in addressing neighborhood traffic concerns. • Final Report — A final report will be submitted detailing all the above components. The project is scheduled for completion and a presentation to the City Council in February, 2004. Funding Availability: Funds for this project are available in Account No. 7181- C5200407. Environmental Review: Not Applicable at this time. Submitted by: Richard Edmonston, P.E. Acting Public Works Director Attachment: Professional Services Agreement 0 PROFESSIONAL SERVICES AGREEMENT FOR NEWPORT HEIGHTS/CLIFF HAVEN NEIGHBORHOOD TRAFFIC MANAGEMENT PROGRAM WITH KATZ, OKITSU & ASSOCIATES THIS AGREEMENT, entered into this day of 2003, by and between the City of Newport Beach , a Municipal Corporation (hereinafter referred to as "City "), and Katz, Okitsu & Associates, whose address is 17852 E. 17" Street, Suite 102, Tustin, California, 92780 -2142, (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 evaluate traffic problems in the Newport Heights and Cliff Haven Neighborhoods. C. City desires to engage Consultant to conduct an evaluation of traffic conditions in the areas and propose actions to address those traffic conditions that are deemed to be incompatible with the residential areas as outlined in the Scope of Services attached hereto as Exhibit "A" and upon the terms and conditions contained in this Agreement. D. The principal member of Consultant is for purpose of this Project is Rock Miller. P.E. 1- i • E. City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant, and desires to contract with Consultant under the terms and conditions provided in this Agreement. 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 1s` day of September, 2003, and shall terminate on the 31st day of January, 2004, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Consultant shall diligently perform all the duties set forth in the Scope of Services, attached hereto as Exhibit "A" and incorporated herein by reference. 3. COMPENSATION TO CONSULTANT City shall pay Consultant for the services in accordance with the provisions of this Section and the scheduled billing rates set forth in Exhibit "B" attached hereto and incorporated herein by reference. No rate changes shall be made during the term of this Agreement without prior written approval of City. Consultant's compensation for all work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed the total contract price of Eighty -Four Thousand Nine Hundred Ninety Dollars ($84,990.). 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 -2- 0 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, subject to the approval of City. 3.3 Consultant shall not receive any compensation for extra work without prior written authorization of City. Any authorized compensation shall be paid in accordance with the schedule of the billing rates as set forth in Exhibit "B ". 3.4 City shall reimburse Consultant only for those costs or expenses which have been specifically approved in this Agreement, or specifically approved in advance by City. Such cost shall be limited and shall include nothing more than the following costs incurred by Consultant: A. The actual costs of subconsultants for performance of any of the services which Consultant agrees to render pursuant to this Agreement which have been approved in advance by City and awarded in accordance with the terms and conditions of this Agreement. B. 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 percent (10 %) of each approved payment as approved retention until all services under this Agreement have been substantially completed. -3- 0 0 4. STANDARD OF CARE 4.1 All of the services shall be performed by Consultant or under Consultant's supervision. Consultant represents that it possesses the professional and technical personnel required to perform the services required by this Agreement and that it will perform all services in a manner commensurate with 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 to constitute approval for 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 M 0 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 only that Consultant shall follow the desires of City with respect to 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 George Dore 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. -5- 0 0 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. 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. Q0J 9 E 10. CONFORMANCE TO APPLICABLE LAW REQUIREMENT All work prepared by Consultant shall conform to applicable city, county, state and federal law, regulations and permit requirements and be subject to approval of the Project Administrator and City Council. 11. PROGRESS Consultant is responsible to keep the Project Administrator and /or his /her duly authorized designee informed on a regular basis regarding the status and progress of the work, activities performed and planned, and any meetings that have been scheduled or are desired. 12. HOLD HARMLESS Consultant shall indemnify, defend, save and hold harmless City, its City Council, boards and commissions, officers and employees from and against any and all loss, damages, liability, claims, allegations of liability, suits, costs and expenses for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, property damages, or any other claims arising from any and all negligent acts or omissions of Consultant, its employees, agents or subcontractors in the performance of services or work conducted or performed pursuant to this Agreement, excepting only the sole 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 rp for to commencement -7- 0 0 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 rp for to exercising any right or performing any work pursuant to this Agreement. Except for workers compensation and errors and omissions insurance, all insurance policies shall add City, its elected officials, officers, agents, representatives and employees as additional insureds for all liability arising from Consultant's services as described herein. All insurance policies shall be issued by an insurance company currently authorized by the Insurance commissioner to transact the business of insurance in the State of California, with an assigned policyholders' Rating of A (or higher) and Financial size Category Class VII (or larger) in accordance with the latest edition of Bests Key Rating guide: unless otherwise approved by the City Risk Manager. The following policies are required: A. Worker's compensation insurance, including a "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 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 W 0 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 wording, 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 Fifty Thousand Dollars ($50,000). Said policy or policies shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days' prior notice has been given in writing to City. Consultant shall give City prompt and timely notice of claim made or suit instituted arising out of Consultant's operation hereunder. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. Consultant agrees that in the event of loss due to any of the perils for which it has agreed to provide comprehensive general and automotive liability insurance, 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 91 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 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 6[12 0 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. City will provide access to and upon request of Consultant, provide one copy of all existing record information on file at City. Consultant shall be entitled to rely upon the accuracy of data information provided by City or others without independent review or evaluation. City will provide all such materials in a timely manner so as not to cause delays in Consultant's work schedule. B. Provide blueprinting, CADD plotting, copying and other services through City's reproduction company for each of the required submittals. Consultant will be required to coordinate the required submittals with City's reproduction company. All other reproduction will be the responsibility of Consultant and as defined above. C. City staff will provide usable life of facilities criteria and provide information -11- 0 0 with regards to deficient facilities. D. City will prepare and provide to Consultant street base digital file in AutoCAD (DWG) compatible format. 18. ADMINISTRATION The Public Works Department will administer this Agreement. Tony Brine, 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 /her authorized representative shall represent City in all matters pertaining to the services to be rendered pursuant to this Agreement. 19. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit and make transcripts or copies of such records. Consultant shall allow inspection of all work, data, documents, proceedings and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 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 as a result of such withholding. Consultant shall have an immediate right to appeal -12- 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 what 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 -13- 0 0 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 to be provided under 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: Tony Brine, P.E. Public Works Department City of Newport Beach 3300 Newport Boulevard Newport Beach, CA, 92658 -8915 Phone: (949) 644 -3311 Fax: (949) 644 -3318 All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: Attention: Rock Miller, P.E. Katz, Okitsu & Associates 17852 E. 17th Street, Suite 102 Tustin, CA 92780 -2142 Phone: (714) 573 -0137 Fax: (714) 573 -9534 -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 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 different character. -15- 0 9 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 indemnify Consultant for damages and liability resulting from the modification or misuse of such CADD data. -16- 0 0 All original drawings shall be submitted to the City in the version of AutoCAD used by the City, in ".dwg" file format on a CD, and should comply with the City's digital submission requirements for Improvement Plans. The City will provide AutoCad file of City Title Sheets. 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: CITY OF NEWPORT BEACH A Municipal Corporation By: By: City Attorney Steven Bromberg Mayor ATTEST: KATZ, OKITSU & ASSOCIATES By: By: City Clerk Print Name: f: \users \pbw \shared \agreements \fy 03- 04 \katz- okltsu- newport heights traffic- 082603.doc -17- 0 MrA Katz, Okitsu & Associates =t Tm(/r, &tgmees and 7rnn5parrnnou Plunneu 3 - Project Approach This section outlines how we propose to accomplish our scope of services, including standard services, which describe the Katz, Okitsu & Associates teams' approach to providing the service deliverables described in the RFP. TASK 0 — PROJECT INITIATIONI MANAG&YIENT Project Initiation At the onset of the project, we will meet with City staff to discuss the project, to dearly define the proposed method of analysis, and finalize the project schedule. We will verify our approach and any additional specific study requirements prior to any data collection. We will also discuss current perceptions of parking issues with City staff to identify specific concerns and recommendations_ At this kick -off meeting, it is anticipated that we will receive from the City the following items. o Speed surveys and traffic volume counts :i Any electronic files of base maps or aerials for the study areas o City code /ordinance parking requirements a Future development projects /plans for which applications have been made, and other proposed developments of which the City is aware Project Managerrnent The project will be managed through correspondence, meetings, Email; telephone calls and other management techniques utilized for study projects. The project will likely involve meetings with key City staff. Katz, Okitsu & Associates staff will be responsible for the meeting minutes and distribution of said minutes to all parties involved. TASK I — DATA COLLECTION Katz, Okitsu & Associates well understands that due to the scheduling of this REP, the City will be collecting speed surveys and traffic volume counts prior to school letting out for the summer vacation. Even though the City is furnishing volume and speed data for the area, we propose to do supplementary counts in September when schoot starts up again to verify counts taken at this time. We anticipate that approximately 40 one -day directional counts and eight AM /P.M peak hour turning movement counts will be needed. Prs/ 41re., tc:! ; irc Gn aj Ncv. pore ,Bcndt EXHIBIT "A„ 9 "Katz, Okitsu & Associates Tm/(it b {gw,,,s �xd Tmrrspmmw, P /corners 0 (v" ` Katz, Okitsu & Associates will also conduct license plate surveys for approximately four (4) streets where through traffic problems must be quantified within the study area. TASK 2 - REVIEWAND DOCUMENT NEARBY PROGRAMS Katz, Okitsu & Associates will review and document relevant information on neighborhood traffic management programs in nearby neighborhoods that may be relevant to this project. This includes activities nearby along 16" Street and other locations in the neighboring cities of Irvine and Costa Mesa that may have affected traffic conditions on roadways within the study area. The review will summarize nearby programs, their tools and measures, their local effectiveness, and any known effects such as diversion to study area roadways. TASK 3 - FACILITATE CITIZEN GROUP WORKSHOPS Katz, Okitsu & Associates senior staff will be responsible for facilitating and coordinating all NTMP Committee meetings /workshops, including prepare /provide meeting materials, displays, PowerPoint presentations, and neighborhood informational flyers (approximately 1,000 single -sided black text on white /colored paper tri- folded for mailing per event). The NTMP is a community -based approach to addressing resident concerns and issues. It empowers residents with the knowledge and tools to help solve traffic related problems that specifically affect their neighborhood. Residents will be able to evaluate, develop and implement innovative solutions to create safer and livable local streets through the NTMP approach. Public outreach is an important part of this project. For the consultant team, it establishes a better understanding of each of the neighborhoods' specific issues so that the most effective program can be recommended. More importantly, residents become actively involved in the process, making it truly a community based program that will result in successful NTMP projects. The public outreach process involves citizen participation, up to six (6) general community workshops, and follow -up City Council meetings. Workshops create an open forum to gather residents' opinions and ideas about traffic concerns as well as an opportunity to explain to residents a variety of innovative solutions. Public hearings are an opportunity to present the recommended NTMP and receive final comments from the community. \Ve anticipate between 9 and 6 general community workshops will be held. These meetings will schedule accordingly: beginning; during; and at the end of the project. The first set of workshops 0," • • Katz, Okitsu & Associates Ln /�c 6iGi�reeri urcd Trarcsparrmmn Pl,rc,m (�'r,_ � will be used for identification of study issues and to build a relationship between the Community and the Consultant team. The second set will focus upon development of a traffic control plan that is tailored to each community with participation by residents concerns. The final set will be a presentation of the draft NTMP and an open discussion to listen to the residents. All neighborhood participants will be invited to attend all workshops, however it may be advisable to form and work with an advisory committee of residents who are most closely involved in the project. Katz, Okitsu & Associates senior staff will work with the City to organize the logistics of the workshop, set the agenda, facilitate the workshop, prepare minutes and follow up with ongoing tasks for each of the workshops. Information about the general workshops will be disseminated through press releases, mailings, flyer postings, e -mail and website, as appropriate. TASK 4 — TRAFFIC ANALYSIS Katz, Okitsu & Associates will analyze the traffic conditions in the Newport Heights /Cliff Haven neighborhoods. The issues below will be addressed in the subsequent draft traffic report: Zi 24 -hour traffic counts with speed classifications o Count locations will be taken at known trouble spots within the community zi The volume, hours, and routes of cut - through traffic should be determined through appropriate methods of data collection The problematic locations, as revealed through the first citizen workshop, shall be studied for their impact on neighborhood traffic conditions. Each of the above will be analyzed for their effect on neighborhood safety and traffic levels. TASK 5 — PEDESTRIANAIIOTTEME,IVTANALYSIS Katz, Okitsu & Associates will analyze the pedestrian traffic on streets near Newport Heights Elementary School, Ensign Intermediate School, Newport Harbor High School, and various parks in the neighborhood. Frequent or desirable pedestrian movement locations will be determined based on preliminary surveys, with a focus upon uncontrolled crossing locations. Measures that will facilitate or enhance pedestrian Premnced i -,r the Cm of %cups? Bes:h RE17S�D .?uCar ;Y 003 � x t' a • IKatz, Okitsu & Associates Trn/fic &gweers an,' Transpa,mtion Pi,,, e s flow or safety will be identified. Pedestrian counts will be provided at locations where the amount of use may affect recommendations. TASK 6 — GEOMETRICs ANALYSIS Katz, Okitsu & Associates will conduct a complete assessment of traffic control, parking regulations, and roadway geometrics, which will be analyzed for their effect on traffic movements. Roadway geometries include: Z) Street widths D Curb radii D Other physical street design features ❑ Landscaping issues The above will be examined for any possible improvements that may improve traffic conditions in the Newport Heights, /Cliff Haven neighborhoods. TASK 7— DEVELOP RECOMMENDED MITIGATIONMF- ASURES After analyzing existing traffic and pedestrian conditions in the Newport Heights /Cliff Haven neighborhoods, Katz, Okitsu & Associates and a group of neighborhood participants shall work together to recommend mitigation measures to improve traffic safety. Mitigation measures shall be recommended for all aspects analyzed. Katz, Okitsu 8 Associates has specific experience in designing and laying out mitigation measures and making recommendations for various neighborhoods /associations. roll of the measures affect the various problems and traffic issues that residents are concerned about, such as :i Speeding :i Traffic Volumes :i Pedestrian /Bicyclist Safety 71 Reducing Vehicle Collisions Katz, Okitsu & Associates will prepare conceptual landscape design treatments for the various and applicable traffic calming techniques. Some measures readily lend themselves to landscaping and /or gateway treatments as shown in these two photos ,on the right;. Vuv r 0 MrAKatz, Okitsu & Associates 7�nfft, Engine ,,nd Tmnsponnnou Ylanncrs Assumptions 9 If Katz, Okitsu & Associates recommends any temporary measures for testing, they will be installed during a school break (spring/summer). The City Council will consider the implementation of any recommended temporary traffic calming efforts. Subsequent to the installation of any temporary traffic calming measures, the impact of these measures will need to be evaluated. Temporary traffic calming measures are to remain in place for a test period of no more than six months. TASK 8 —REPORT PREPARATION At the conclusion of the test period, Katz, Okitsu & Associates will submit a Draft Report for review by City staff. After initial review, we will be available to discuss the analysis and recommendations. The draft report will summarize the study methodology, analysis, findings, conclusions, and recommendations. The study will include maps, tables, and graphics as needed. The report will also prioritize the recommendations according to their benefit to the INewport Heights /Cliff Haven community as well as provide conceptual drawings of the recommendations. After all comments have been received, a Final Report will be submitted for review by City staff. Ail word processing, spreadsheet, and graphic files will also be provided to the City for future use. Katz, Okitsu & Associates will submit the necessary number of copies of the draft and final report. it is assumed that approximately three copies of the draft report and 25 copies of the final report will be required. TASK 9 —PROJECT SUPPORT Katz, Okitsu 87 Associates will be available for up to six neighborhood meetings (as discussed in Task 3), two meetings with City staff, and two City Council meetings (as discussed in Task 10). These meetings are necessary to develop, implement, and authorize any recommended final traffic calming measures. TASK 40 — PRESENTATION TO CITY COUNCIL Study sessions will be held with City staff and the City Council. There will be opportunities to present recommendations as well as provide a summary of the public outreach. Katz; Okitsu & Associates team or members of the team will attend the City Council Meetings. it is anticipated that there will be a total of four meetings or study sessions scheduled. P•�• :,:vee ;, die i.its�ci Vnt'v ��3cccir �;d "Katz, Okitsu & Ass *tes Taaf(c Egmu s and Trenugorsnrian Aun ,,,rs General Provisions 0 Billing Rate Summary TUSTIN OFFICE Effective August 1, 2002 Classification Rate Expert Witness Testimony $220 /hour Firm Principal $140 /hour Senior Transportation Engineer / Designer $130 /hour Senior Planner $125 /hour Senior Signal Timing Analyst $100 /hour Associate Engineer $95 /hour Associate Designer / Planner $90 /hour Assistant Transportation Engineer / Planner $80 /hour Junior Planner / Engineer S65 /hour Draftsman (ink) S75 /hour CAD Technician S55 /hour Administrative Assistant S45 /hour Messenger /Intern $35 /hour Telephone, equipment, and fax are normally included in above hourly costs. Direct expenses including mileage, printing, blueprinting, commercial CAD plotting, subconsultant expense, issuance of specially endorsed insurance certificate, and direct costs, are billed at cost plus 5% unless stated othenvisc in the proposal. Public meetings and public hearings are normally excluded from any pi oposal. but will be billed as extra work at the rates above. There is a four -hour minimum for nighttime public hearings. Fxpert witness testimony in court or at depositions shall include round hip travel door -to -door. Annual adjustments in these fees of approximately 501'0 will be request for each 12 -month period following authorization. If the goveming Agencyprefers a constant hourly cost for a multi -year contract, a 10% increase from the fees indicated above will be requested. 1i832� Seirenteenth Sn-eet, Suite 1p1 EXHIBIT "B" B " Turin, (:alifor-nia 927SD- ')422 Tel -C"Q) 5'3 -0317 "Fa.e: (,- /;r j -4 -9594 kateokiisre Boni CITY OF NEWPORT BEACH CITY CLERK NOTICE INVITING BIDS Sealed bids may be received at the office of the City Clerk, 3300 Newport Boulevard, P.O. Box 1768, Newport Beach, CA 92658 -8915 until 2:00 p.m. on the 251' day of June 2003, at which time such bids shall be opened and read for NEWPORT ELEMENTARY SCHOOL PLAYGROUND REHABILITATION Contract No. 3618 $77,000 Engineer's Estimate by phen G. Badum is Works Director Prospective bidders may obtain one set of bid documents for $ 10.00 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 Michael J. Sinacori, Proiect Manager at (949) 644 -3342 9 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT NEWPORT ELEMENTARY SCHOOL PLAYGROUND REHABILITATION CONTRACT NO. 3618 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 SPECIALPROVISIONS ............................. .... ........................................................... SP -1 04 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT NEWPORT ELEMENTARY SCHOOL PLAYGROUND REHABILITATION CONTRACT NO. 3618 INSTRUCTIONS TO BIDDERS 1. The following documents shall be completed, executed and received by the City Clerk in accordance with NOTICE INVITING BIDS: INSTRUCTIONS TO BIDDERS BIDDER'S BOND DESIGNATION OF SUBCONTRACTORS CONTRACTOR'S INDUSTRIAL SAFETY RECORD INFORMATION REQUIRED OF BIDDER ALL ADDENDA TO PLANS AND SPECIFICATIONS AS ISSUED BY AGENCY PRIOR TO BID OPENING DATE (if any) TECHNICAL ABILITY AND EXPERIENCE REFERENCES NON - COLLUSION AFFIDAVIT DESIGNATION OF SURETIES PROPOSAL 2. Cash, certified check or cashiers check (sum not less than 10 percent of the total bid price) may be received in lieu of the BIDDER'S BOND. The title of the project and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. 3. The City of Newport Beach will not permit a substitute format for the Contract Documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. 4. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. The successful bidder's security shall be held until the Contract is executed. 5. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of total bid prices. 6. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of discrepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. 7. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at the request and expense of the Contractor, securities shall be permitted in 3 0 0 substitution of money withheld by the City to ensure performance under the contract. The securities shall be deposited in a state or federal chartered bank in California, as the escrow agent. 8. In accordance with the California Labor Code (Sections 1770 et sec.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available by calling the prevailing wage hotline number (415) 703 -4774, and requesting one from the Department of Industrial Relations. All parties to the contract shall be governed by all provisions of the California Labor Code relating to prevailing wage rates (Sections 1770 -7981 inclusive). 9. The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5 of the Labor Code Apprenticeship requirements and Section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act ". 10. All documents shall bear signatures and titles of persons authorized to sign on behalf of the bidder. For corporations, the signatures shall be of a corporate officer or an individual authorized by the corporation. For partnerships, the signatures shall be of a general partner. For sole ownership, the signature shall be of the owner. The signature below represents that the above has been reviewed. ,x»'707- C -i2/A Contractor's License No. & Classification ll ?'s3¢.;✓4 14%P0C)t-.T ?a. -vq —11—W 6 Bidder J Authorized Signature/Title 6- Z3 -53-3 Date HAITBRINK ASPHALT PAVING INC. 480 S. OLD RANCH RD, ANAHEIM, CA 92808 0 0 Premium included in Performance Bond CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT NEWPORT ELEMENTARY SCHOOL PLAYGROUND REHABILITATION CONTRACT NO. 3618 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 (10 %) ten percent of the attached bid amount. _ Dollars ($ 10% of bid amt. ), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of NEWPORT ELEMENTARY SCHOOL PLAYGROUND REHABILITATION, Contract No. 3618 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 execute the Contract Documents in the form(s) prescribed, including the required bonds, and original insurance certificates and endorsements for the construction of the project within thirty (30) calendar days 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 Band 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 24 day of Haitbrink Asphalt Paving, Inc. Name of Contractor (Principal) Developers Surety and Indemnity Company Name of Surety June 7nn3 17780 Fitch, Suite 200 Irvine CA 92614 Mark Richardson, Attorney -in -Fact Address of Surety Print Name and Title 949 - 263 -3300 Telephone (Notary acknowledgment of Principal & Surety must be attached) FORNIA State of California County of Orange DGMENT On / 24 / 0 3 before me Quyen Pham, Notary Public D E NAME, TITLE OF OFFICER personally appeared Mark Richardson NAME(S) OF SIGNER(S) Q personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence OUYEN PHAM COMM. # 1384040. Notary Pubk-Caworma� Orange coumy My Comm.Expues ! NOVEMBER 9, 2UO6 to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal,, Place Notary Seal Above Signature of 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. CAPACITY CLAIMED BY SIGNER Signer's Name: • INDIVIDUAL • CORPORATE OFFICER TITLE(S) • PARTNER(S) - ❑ LIMITED ❑ GENERAL • ATTORNEY -IN- FACT • TRUSTEE • GUARDIAN OR CONSERVATOR • OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE DOCUMENT NUMBER OF PAGES DOCUMENT DATE SIGNER(S) OTHER THAN NAMED ABOVE 0 0 POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO BOX 197'_5" IRVINE, CA 9'623 • (949)'_6333(10 KNOW ALL MEN BY THESE PRESF.K'I'S, that c,cept ors expres,ly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each, herehv make, constitute and appoint: ** *Eric Lowey, Mark Richardson, jointly or severally * ** a, their true and lawful Anornev(s) -in -Fact. to make, execute, deliver and acknowledge. for and on behalf of said curpornionn- as auntie.+, bonds, undertaking, and contracts Of suretyship giving and granting unto said Auurney(. <)- in -Fact full power and authority to do and to perform every act nece aurv, requisite or proper to he done in connection Iherewiih as each of said corporations could do, but reserving to etch of sad corporations full power of SUbStif0tion and revoeniun, and all of the nets of said Auornev(- s)- in- Fae'I- pursuant to the. +e present.L'ure hereby ratified;md confirmed. This Power of Auornev is ,ramed and is signed by Facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of November I, 1I01F. RESOLVED, that the Chairman of the Board, the President and any Vice President of the corporation he. and that each of them herehv is, Authorized to execute Powers of Auornev, qu:difving the auoncy(s) named in the Powers of Atlornc.v to execute, on heh:df of the corpoations" hoods, undertaking. and contract, of suretvship: and thou the Secretory or am, A,siRlant Secreiary of the corporations ha and each of them herehv is, authorized to Guest the execution of :uty . +rich Power OF Auornev: RESOLVED, FURTHER, ih:u the xi sombre, of such officer, nhav be afl'ixerl m am Inch Power of Auornev Or to any cenilie :ac relafinu thereto hr t'ue +imilc. and any' ouch Power of Auornev or certificate heouins such Iitesimile sigmnures shall be valid and binding upon the colpor.nion w hen so m'I'ixed and in the fatue with respect to ;unv bond, rmdenaking or cen tact of suretyship m which It is a cached. IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNI'F'Y COMPANY' and INDENINHY COMPANY OF CALIFORNIA have ,c,,rally caused these presents to be signed by their respective Eecmice Vice President and ave,ted by their respective Secretan this S" dac of Janwire.'_(III'_. Be : » ?F'�"A,HO, „ /NQ�, OMPANVpc David H. Rhode,, Executive Vice President yJ: +'OpP ORgr` -.; G p,POq C 4 OCT. tu 10 Be 1936 ,o w 7967 a Wuher A. Crowell. Secretan' P,.'`�x'dDi cql /FOR�Pa E S'T'ATE OF CALIFORNIA ) )SS. C'OLINTYOE ORANGE 1 On Janumv 8, 2003. before me. Antonio Alvarado, per "sonally appemed David II. Rhodes and Walter A Crowell, persomilk known to me (or proved to me on the bhsis of satisfactory evidence) to be the persons whose names arc mdbscrihed m the within instrument and ockno,xicdged to ore that they executed the same in their authorized capacities. and that by their si,_nawres on the instrument the entity upon behalf of which the moons noted. evrnard the instrument WITNESS my hond and off'iciA seal. Signature r CERTIFICATE _ ANTONIO ALVARADO p , COMM. N 1300303 f g ® Notary Public - California p 3: - ORANGE COUNTY b1y Comm Expires APRIL 10. 2005 The undecsicned. as Chic Operuline Ofl icer of DEVELOPERS SURETY AND INDEMNI'T'Y C'OM PAN Y ;cod IN DEMN FI'Y COMPANY OF C'ALI FOR N IA. does herehv cenifv that the toregoinu Power of Auornev remains in full force and has not been revoked, and tunhermore. that life provisions of the resolution, of the respective Boards ol'Direcwrs of.cnid corponnions ,et forth in the Power ol'At1orncy, ;uc in farce as of the date of this Ccrinicdc. i'his Certificate is executed in the City of Irvine, Colikunia, the 24 tone of June 2003 Be C 'a i David G. Lome, Chief Operating 011 "icer ID -1380 (01102) �FMIE 9 l9 DISCLOSURE RIDER Terrorism Risk Insurance Act of 2002 The Terrorism Risk Insurance Act of 2002 created a three -year program under which the Federal Government will share in the payment of covered losses caused by certain events of international terrorism. The Act requires that we notify you of certain components of the Act, and the effect, if any, the Act will have on the premium charged for this bond. Under this program, the Federal Government will cover 90% of the amount of covered losses caused by certified acts of terrorism, as defined by the Act. The coverage is available only when aggregate losses resulting from a certified act of terrorism exceed $5,000,000.00. Insurance carriers must also meet a variable deductible established by the Act. The Act also establishes a cap of $1,000,000,000.00 for which the Federal Government or an insurer can be responsible. Participation in the program is mandatory for specified lines of property and casualty insurance, including surety insurance. The ,Act does not, however, create coverage in excess of the amount of the bond, nor does it provide coverage for any losses that are otherwise excluded by the terms of the bond, or by operation of law. No additional premium has been charged for the terrorism coverage required by the Act. Developers Surety and Indemnity Company Indemniry Company of California 17790 Filch I nine, CA 92611 (919)'' -63 3300 ,,,,�,.mscodico.eom A.M. Best's Rating for Develop* Surety and Indemnity Company • 11752 - Developers Surety and Indemnity Company Member of INSCO /DICO Group A.M. Best #: 11752 NAIC #: 12718 View a list of group members or the group's rating a tr Best's Ratin4 BEST A- (Excellent)" Financial Size Category A- !; V ($10 million to $25 million) `Ratings as of 06/27/2003 03:37:36 PM E.S.T. Page 1 of 1 Rating Category (Excellent): Assigned to companies that have, in our opinion, an excellent ability to meet their ongoing obligations to policyholders. Important Notice: Best's Ratings reflect our opinion based on a comprehensive quantitative and qualitative evaluation of a company's balance sheet strength, operating performance and business profile. These ratings are not a warranty of an insurer's current or future ability to meet its contractual obligations. View our entire notice for a complete details. Companies interested in placing a Best's Security Icon on their web site to promote their financial strength may register online. Copyright © 2003 by A.M. Best Company Inc. ALL RIGHTS RESERVED No part of this information may be distributed in any electronic form or by any means, or stared in a database or retrieval system, without the prior written permission of the A.M. Best Company. Refer to our terms of use for additional details. A.M. Best Worldwide Insurance Directory 11752 - Developers Surety and Indemnity Company Member of INSCO /DICO Group A.M. Best #: 11752 NAIC #: 12718 17780 Fitch, Suite 200 Irvine, CA 92614 Phone: 949 - 263 -3300 www.inscodico.com Stock Ticker: Not Available Business Commencement: 1936 Structure: Stock Marketing: Independent Agency Click for the latest Best's Rating or other members of this group. Page 1 of l Copyright © 2003 by A.M. Best Company Inc. ALL RIGHTS RESERVED No pan of this information may be distributed in any electronic form or by any means, or stored in a database or retrieval system, without the prior written permission of the A.M. Best Company. Refer to our terms of use for additional details. 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT NEWPORT ELEMENTARY SCHOOL PLAYGROUND REHABILITATION CONTRACT NO. 3618 DESIGNATION OF SUBCONTRACTOR(S) State law requires the listing of all subcontractors who will perform work in an amount in excess of one -half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor represents that he /she is fully qualified to and will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accordance with State law and /or the Standard Specifications for Public Works Construction, as applicable. Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. The Bidder, by signing this designation, certifies that bids from the following subcontractors have been used in formulating the bid for the project and that these subcontractors will be used subject to the approval of the Engineer and in accordance with State law. No changes may be made in these subcontractors except with prior approval of the City of Newport Beach. (Use additional sheets if needed) Subcontractor's Information Bid Item Description of Work %of Number Total Bid Name: ����2rzF0 Cc�9�.�il tlrr�- S�nl9�� C�9c� I I /C�r�f,J i Address: • � •,�, AJC s L� � 3.5 fJlicc.r��, (h 9z95t ,c Phone: C Y3_ S- �crJZ State License Number: Y gill 5'y C -32 Name:Rti ?� 44./ 4 i ,0n1ci Address: { z22(� 172- (- 6,14- 9r,),9 Phone: 5ee, - ?31.. -6co State License Number: Zb %v % 3 4- Name: Address: Phone: L State License Number. I .�a,tr�F,,�E �S�ha�+ Ynv, ✓c�.YiJG �(.^� 1 � ) '�11�+�S ;d -c/rl� Bidder - horized Signature/Title 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT NEWPORT ELEMENTARY SCHOOL PLAYGROUND REHABILITATION Ir,F1 i CONTRACT NO. 3618 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this form!!! Please print or type. 11 J 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 e . h c � C 0 0r; v I AJ 44 � k )'el Le 7S Project Description o0EiZIA,1 4 4--, m..;-A4_ Aji�no ] "700iooe SF G /+ / "A-t Approximate Construction Dates: From f?- /S_- 0 To: Z Agency Name S 4.n yLc 9 n-e tC, Contact Person 1->7 &c 4 Telephone (E � Original Contract Amount $21-S,40 Final Contract Amount $ Z 6 r " If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. 7 9 0 No. 2 Project Name /Number LAA,TGYL I Nr �_��JZ��Lrz -rt Js- Project Description 710- Gt, ,Le-,o6 i /L - G�-X ,-, o -1 c n Approximate Construction Dates: From �I- / - 03 To: Agency Name G, �•/ D ST9NT0 -� C��- 't-u2S Contact Person % z24 Ci, /r sp Telephone %r.7 OL33 Original Contract Amount $ Z Final Contract Amount If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. /VD . No. 3 n Project Name /Number i`a' 1Gt%'N Avg s�oQr^ J71L4,^/ �,1•� "� J .`J4+ Project Description To ,.✓v e� Approximate Construction Dates: From Q - % ` c> j To: el- 30 "- 0-2 n Agency Name -DA,; , o W 4r jt>e-� C N- Contact Person J4,i,7-- - A�1De'V Telephone q1-1 6 `16 - 311 140 Original Contract Amount $3r,c"-X>Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. 0 0 No. 4 Project Name /Number Yp Q Project Description �Q h y� Q K, C c, r Approximate Construction Dates: From ti- 7— o3 To: -y rc' 3 Agency Name :>� -��� Contact Person Telephone 37,�0 Original Contract Amount $ cl % Final Contract Amount $ --� If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. / JO No. 5 Project Name /Number tc Project Description Approximate Construction Dates: From z0 T, .S -Z z -c � To: -�-- 2.'Y- 0 3 Agency Name % �/ G'd/ /✓e t/Pei i ��E+c t L Contact Person g /� 5 � Telephone 2-r-7 Original Contract Amount Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If/yes, briefly explain and indicate outcome of claims. Q F No. 6 Project Name /Number Project Description Approximate Construction Dates: From Agency Name Contact Person 0 To: Telephone ( ) Original Contract Amount $ Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. 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 Con actor's current financial (conditions. �% I rfn'Tt�l.Nl! ��P— �,a_�ir �+r��vc- / ,1,, Y Bidder Authorized Signature/Title 10 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT NEWPORT ELEMENTARY SCHOOL PLAYGROUND REHABILITATION CONTRACT NO. 3618 NON - COLLUSION AFFIDAVIT State of California ) ) ss. County of g ,) 7eA! being first duly sworn, depose /and says that he or she is ¢ems, of I r1w. -J t A �t-T � � ✓,' the party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury of the laws of the tate of alifornia that the foregoing is true correct. / Ind r Bidder Subscribed and sworn to before me this Ndfary Public �/ My Commission Expires: ( -6K-0S / Authorized Signature/Title 11 day of 2003. [SEAL] X�Iomiol d MONA i A t�UAAN N Comm, k NO 1902818 r TARY PIIRLIC - CALIFORNIA N Orange Coumy - ha Cem_,. Expves�AOri11�, 7pOg� CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT NEWPORT ELEMENTARY SCHOOL PLAYGROUND REHABILITATION CONTRACT NO. 3618 DESIGNATION OF SURETIES Bidders name /f^- ) r i3k,,-v k 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): NV 4(,LLC SJ2cT -I T j�Scl¢AyLzi S�PJi - --- �lwn: i- SNx — S'1 /6 3 -70-7 12 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT NEWPORT ELEMENTARY SCHOOL PLAYGROUND REHABILITATION CONTRACT NO. 3618 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidders Name f ,Tr3ri, << Aiv f Ao4� !� Av � ,. � T-^/-C Record Last Five (5) Full Years Current Year of Record The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary -- Occupational Injuries and Illnesses, OSHA No. 102. 13 Current Record Record Record Record Record Yearof for for for for for Record 2002 2001 2000 1999 1998 Total 2003 __ No. of contracts 1. 2 U 70 5'0, O L Total dollar Amount of Contracts (in ! 3� • G/ Z i Thousands of $ ) No. of fatalities _ No. of lost Workday Cases No. of lost workday cases involving �1 permanent transfer to rr �"j�� Vl✓J/l 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. 13 HAITBRINK MALT PAVING INC. 480 S. W RANCH RD. ANAHEIM, CA 92808 Legal Business Name of Bidder /� +,r,62-JY- /}5,vk,4c T j�AJ,N1y Business Address: 5� _ olo / -4A,GN Q rJ_ A ✓4AteM Business Tel. No.: l - y/ - Lq (j State Contractor's License No. and Classification: S) -2?07 Title _ The above information was compiled from the records that are available to me at this time and I declare under penalty of perjury that the information is true and accurate within the limitations of those records. Signature of bidder � � �J�� ic�2 rt3/L,� /c Date Title Signature of r bidder Date e7 a C? 6 TTT Title -- Signature of I bidder Date 603/03 Title Sec rc' rr cf.,c -s : 'c- v' Signature of bidder _ Date Title If bidder is an individual, name and signature of individual must be provided, and, if he is doing business under a fictitious name, the fictitious name must be set forth. If bidder is a partnership or joint venture, legal name of partnership /joint venture must be provided, followed by signatures of all of the partners /joint ventures or of fewer than all of the partners /joint ventures if submitted with evidence of authority to act on behalf of the partnership /joint venture. If bidder is a corporation, legal name of corporation must be provided, followed by notarized signatures of the corporation President or Vice President or President and Secretary or Assistant Secretary, and the corporate seal. Signatures of partners, join venturers, or corporation officers must be acknowledged before a Notary Public, who must certify that such partners /joint venturers, or officers are known to him or her to be such, and, in the case of a corporation, that such corporation executed the instrument pursuant to its bylaws or a resolution of its Board of Directors. 14 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT NEWPORT ELEMENTARY SCHOOL PLAYGROUND REHABILITATION CONTRACT NO. 3618 ACKNOWLEDGEMENT OF ADDENDA Bidders name T!BV-,4k The bidder shall signify receipt of all Addenda here, if any: Addendum No. Date Received Signature v� 15 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT NEWPORT ELEMENTARY SCHOOL PLAYGROUND REHABILITATION CONTRACT NO. 3618 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: HAITBRINK ASPHALT PAVING INC. 480 S. OLD RANCH RD. Name of individual Contractor, Company or Corporation: ANAMPIM, CA 9280i Business Address: Telephone and Fax Number: � ^'� - ����- 2`��' 2 i I I '� Z-91- 71 70 California State Contractor's License No. and Class: 517 (REQUIRED AT TIME OF AWARD) j6 � -ss6 Original Date Issued: y - Expiration Date:1 e- - "-z //- -30-0 3 List the name and titlelposition of the person(s) who inspected for your firm the site of the work proposed iQ these contract documents: 1-f. -,T E-r- N The following are the names, titles, addresses, and phone numbers of all individuals, firm members, partners, joint ventures, and company or corporate officers having a principal interest in this proposal: Name 1 Title Address Telephone Ir2 s Corporation organized under the laws of the State of C4 16 7 7 7J 0 0 The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: All company, corporate, or fictitious business names used by any principal having interest in this proposal are as follows: For all arbitrations, lawsuits, settlements or the like (in or out of court) you have been involved in with public agencies in the past five years (Attach additional Sheets if necessary) provide: Provide the names, addresses and telephone numbers of the parties; Briefly summarize the parties' claims and defenses; dAt's LA) A- s IVI- �1 V �a- r� �s /Qeb, �e41 ^J 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 ars, did you have any claims or actions by any outside agency or individual for lab co pliance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.)? Yes / o Are any claims or actions unresolved or outstanding? Yes / o 17 0 0 If yes to any of the above, explain. (Attach additional sheets, if necessary) Failure of the bidder to provide ALL requested information in a complete and accurate manner may be considered non - responsive.. 4 (Print name of Owner or President of Cor oratioj! mpany) Bidder Authorized Signature/Title Title Date Subscribed and sworn to before me this 7 (� 4l IR' day of J'I [SEAL] 2003. 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT NEWPORT ELEMENTARY SCHOOL PLAYGROUND REHABILITATION CONTRACT NO. 3618 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. 19 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT NEWPORT ELEMENTARY SCHOOL PLAYGROUND REHABILITATION CONTRACT NO. 3618 CONTRACT THIS AGREEMENT, entered into this _ day of , 2003, by and between the CITY OF NEWPORT BEACH, hereinafter "City," and Haitbrink Asphalt Paving, Inc., hereinafter "Contractor," is made with reference to the following facts: WHEREAS, City has advertised for bids for the following described public work: NEWPORT ELEMENTARY SCHOOL PLAYGROUND REHABILITATION Project Description 3618 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. 3618, 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. 20 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 eighty-five thousand, nine hundred twenty-five and 001100 Dollars (85,925.00). This compensation includes: (1) Any loss or damage arising from the nature of the work, (2) Any loss or damage arising from any unforeseen difficulties or obstructions in the performance of the work, (3) Any expense incurred as a result of any suspension or discontinuance of the work, but excludes any loss resulting from earthquakes of a magnitude in excess of 3.5 on the Richter Scale and tidal waves, and which loss or expense occurs prior to acceptance of the work by City. D. NOTICE OF CLAIMS Unless a shorter time is specified elsewhere in this Contract, before making its final request for payment under the Contract Documents, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Contract. Contractor's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Contract except those previously made in writing and identified by Contractor in writing as unsettled at the time of its final request for payment. E. WRITTEN NOTICE Any written notice required to be given under the Contract Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid, directed to the address of Contractor and to City, addressed as follows: CITY City of Newport Beach Public Works Department 3300 Newport Boulevard Newport Beach, CA 92663 Attention: Michael J. Sinacori (949) 644 -3342 F. LABOR CODE 3700 LIABILITY INSURANCE hereby certifies: CONTRACTOR Haitbrink Asphalt Paving, Inc. 480 S. Old Ranch Roac Anaheim, CA 92808 714 - 281 -2911 714 - 281 -7170 Fax Contractor, by executing this Contract, "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers' Compensation or undertake self - insurance in accordance with the provisions of the Code, and I will comply with such provisions before commencing the performance of the work of this Contract." G. INSURANCE Insurance is to be placed with insurers with a Best's rating of no less than A:VII and insurers must be a California Admitted Insurance Company. Contractor shall furnish City with original certificates of insurance and with original endorsements effecting coverage required by this Contract. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that 21 0 insurer to bind coverage on its behalf. All certificates and endorsements are to be received and approved by City before work commences. City reserves the right to require complete, certified copies of all required insurance policies, at any time. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by Contractor, his agents, representatives, employees or subcontractors. The cost of such insurance shall be included in Contractor's bid. 1. Minimum Scope of Insurance Coverage shall be at least as broad as: a) Insurance Services Office Commercial General Liability coverage "occurrence" form number CG 0002 (Edition 11/85) or Insurance Services Office form number GL 0002 (Edition 1/73) covering Comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. b) Insurance Services Office Business Auto Coverage form number CA 0002 0287 covering Automobile Liability, code 1 "any auto" and endorsement CA 0029 1288 Changes in Business Auto and Truckers Coverage forms - Insured Contract. c) Workers' Compensation insurance as required by the Labor Code of the State of California and Employers Liability insurance. 2. Minimum Limits of Insurance Coverage limits shall be no less than: a) General Liability: $1,000,000.00 combined single limit per occurrence for bodily injury, personal injury and property damage. If Commercial Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. b) Automobile Liability: $1,000,000.00 combined single limit per accident for bodily injury and property damage. c) Workers' Compensation and Employers Liability: Workers' compensation limits as required by the Labor Code of the State of California and Employers Liability. 3. Deductibles and Self- Insured Retentions Any deductibles or self- insured retentions must be declared to and approved by City. At the option of City, either: the insurer shall reduce or eliminate such deductibles or self - insured retentions as respects City, its officers, officials, employees and volunteers; or Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. PW 0 0 4. Other Insurance Provisions The policies are to contain, or be endorsed to contain, the following provisions: a) General Liability and Automobile Liability Coverages City, its officers, agents, officials, employees and volunteers are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of Contractor, including the insured's general supervision of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor; or automobiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded to City, its officers, officials, employees or volunteers. ii. Contractor's insurance coverage shall be primary insurance and /or primary source of recovery as respects City, its officers, officials, employees and volunteers. Any insurance or self- insurance maintained by City, its officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with it. iii. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its officers, agents, officials, employees and volunteers. iv. Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. v. The insurance afforded by the policy for contractual liability shall include liability assumed by contractor under the indemnification /hold harmless provision contained in this Contract. b) Workers' Compensation and Employers Liability Coverage The insurer shall agree to waive all rights of subrogation against City, its officers, agents, officials, employees and volunteers for losses arising from work performed by Contractor for City. c) All Coverages Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, rescinded by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to City. All of the executed documents referenced in this contract must be returned within ten (10) working days after the date on the "Notification of Award," so that the City may review and approve all insurance and bonds documentation. 5. Acts of God Pursuant to Public Contract Code Section 7105, Contractor shall not be responsible for the repairing and restoring damage to Work, when damage is determined to have been proximately caused by an Act of God, in excess of 5 percent of the Contract amount provided that the Work damaged is built in accordance with the plans and specifications. 23 0 6. Right to Stop Work for Non - Compliance City shall have the right to direct the Contractor to stop work under this Agreement and /or withhold any payment(s), which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements of this article. H. RESPONSIBILITY FOR DAMAGES OR INJURY City and all officers, employees and representatives thereof shall not be responsible in any manner: for any loss or damages that may happen to the Work or any part thereof; for any loss or damage to any of the materials or other things used or employed in performing the Work, for injury to or death of any person either workers or the public; or for damage to property from any cause arising from the construction of the work by Contractor, or its subcontractors, or its workers, or anyone employed by it. 2. Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to property resulting from defects, obstructions or from any cause arising from Contractor's work on the Project, or the work of any subcontractor or supplier selected by the Contractor. 3. Contractor shall indemnify, hold harmless, and defend City, its officers and employees from and against (1) any and all loss, damages, liability, claims, allegations of liability, suits, costs and expenses for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, property damages, or any other claims arising from any and all acts or omissions of Contractor, its employees, agents or subcontractors in the performance of services or work conducted or performed pursuant to this Contract; (2) use of improper materials in construction of the Work; or, (3) any and all claims asserted by Contractor's subcontractors or suppliers on the project, and shall include reasonable attorneys' fees and all other costs incurred in defending any such claim. Contractor shall not be required to indemnify City from the sole negligence or willful misconduct of City, its officers or employees. 4. To the extent authorized by law, as much of the money due Contractor under and by virtue of the Contract as shall be considered necessary by City may be retained by it until disposition has been made of such suits or claims for damages as aforesaid. 5. Nothing in this article, nor any other portion of the Contract Documents shall be construed as authorizing any award of attorneys' fees in any action to enforce the terms of this Contract, except to the extent provided for in H.3, above. 6. The rights and obligations set forth in this Article shall survive the termination of this Contract. EFFECT OF CONTRACTOR'S EXECUTION Execution of this Contract and all other Contract Documents by Contractor is a representation that Contractor has visited the Project Site, has become familiar with the local conditions under which the work is to be performed, and has correlated all relevant observations with the requirements of the Contract Documents. J. CONFLICT If there is a conflict between provisions of this Contract and any other Contract Document, the provisions of this Contract shall prevail. 24 0 • K. WAIVER A waiver by City or any term, covenant, or condition in the Contract Documents shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the day and year first written above. AP r 'IED AS TO FORM: CITY ATTORNEY 25 CITY OF NEWPORT B A Municipal Cgrporatio; IS HAITBRI K ASPH LT PAVING, INC. By: Au horized ignature and Title TWN DISCLOSURE RIDER Terrorism Risk Insurance Act of 2002 The Terrorism Risk Insurance Act of 2002 created a three -year program under which the Federal Government will share in the payment of covered losses caused by certain events of international terrorism. The Act requires that we notify you of certain components of the Act, and the effect, if any, the Act will have on the premium charged for this bond. Under this program, the Federal Government will cover 90% of the amount of covered losses caused by certified acts of terrorism, as defined by the Act. The coverage is available only when aggregate losses resulting from a certified act of terrorism exceed $5,000,000.00. Insurance carriers must also meet a variable deductible established by the Act. The Act also establishes a cap of $1,000,000,000.00 for which the Federal Government or an insurer can be responsible. Participation in the program is mandatory for specified lines of propem and casualty insurance, including surety insurance. The Act does not, however. create coverage in excess of the amount of the bond. nor does it provide coverage for any losses that are otherwise excluded by the terms of the bond. or by operation of law. No additional premium has been charged for the terrorism coverage required by the Act. Developers Surety and Indemnity Compan% Indemnity Comp=y of California 1 -90 Fitch lmnc, C\ 92614 (949) :63 3300 -..,vw. m s c o d i c o. co m nnblst wm ® • � , � f d nt JVt nx .__A __ar .. . .. -... .... ._.. .... ... .. _. yVew L,k 5esxe Company Search Page f of 1 6FAARC ye Choose:, All Companies r Rated Companies 1�f Secure Rated Companies f• aaeq Q 3 Rated or Unrated companies found, results sorted by Company Name �— Criteria Used: Group Name: INSCOMICO Group To refine your search, please use our Advanced Search or view our Online Help for more information. rl�e .,.• f__ Select the Company Name or Rating links below for additional information about each company, including access to reports, news and related products. 1. CONTACT US - MW .�`.'.. 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These ratings are not a warrantv of an 61D dl Internet 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL NEWPORT ELEMENTARY SCHOOL PLAYGROUND REHABILITATION CONTRACT NO. 3618 To the Honorable City Council City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92663 Gentlemen: The undersigned declares that he has carefully examined the location of the work, has read the Instructions to the Bidders, has examined the Plans and Special Provisions, and hereby proposes to furnish all materials except that material supplied by the City and shall perform all work required to complete Contract No. 3618 in accord with the Plans and Special Provisions, and will take in full payment therefore the following unit prices for the work, complete in place, to wit: ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL _- ._— AND _UNIT — PRICE WRITTEN IN WORDS �. - -- ,PRICE.__. 1. L. S. Mobilization @., o %- c.-2Ea:_ " Dollars "/� and / U Cents S Per Lump Sum 2 L. S, Clearing and Grubbing 1) . — Dollars �v and — ...Cents S Per Lump Sum 3. 7,000 S.F. Cold Mill Asphalt Concrete Pavement / and 7 Cents Per Square root L. S. Crack Filling and Sealing 5:vey 1r/T- @ -<l r, o �.y — Dollars _ and —..— -- — —Cents Per Lump Sum 0 • PR2of2 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 5. 105,000 S.F. Place 0.5" AC Base Course @ Dollars and lG, Nrc enl _._Cents $ ..__ C, $ Per Square Foot 6. 105,000 S.F. Place 1.5' AC Overlay @ ��O Dollars / and _ �a ✓z F - --.._ _..Cents $ ° y� $ Per Square Foot 7. 105,000 S.F. Place Paving Fabric @._..__Z _Dollars and Giy��yA� O one Cents $ .,OYS $ Per Square Foot 8. L. S. Install Pavement Striping 1.... ..... _._Dollars and 21vc� -- _� Cents $ . — .._.. Per Lump Sum TOTAL PRICE IN WRITTEN WORDS n C,q( �� o ------_.. .._C- r.!- 'z---- ��dsa_ ✓�__�1,�c' /� �: Dollars and /Vo Cents Date _ -- /'h X21 2- & 2%..�y���1241 -,7190 Bidder's Telephone and Fax Numbers Bidder's License No(s). S/ Tic, and Ciassification(s) G_7Z _ /- I uml race triyures) Bid er Bidder's Authorized Signature and Title tlke S. Oi0 Zo. Ae"n deim, Bidder's Address Last save: oy sroohsC3 1 1;2003 11:10 AM f" rs= rs ,posyst•,aretl \ccntractsmasters \NEB "JPORT ELEMENTARY SCHOOL PLAYGROUND REH.ABILITATION.doc 0 0 PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS NEWPORT ELEMENTARY SCHOOL PLAYGROUND REHABILITATION CONTRACT NO. 3618 INTRODUCTION PART 1 - -- GENERAL PROVISIONS SECTION 2 SCOPE AND CONTROL OF THE WORK 2 -6 WORK TO BE DONE 2 -9 SURVEYING 2 -9.3 Survey Service 2 -9.6 Survey Monuments SECTION 3 CHANGES IN WORK 3 -3 EXTRA WORK 3 -3.2 Payment 3 -3.2.3 Markup SECTION 4 CONTROL OF MATERIALS 4 -1 MATERIALS AND WORKMANSHIP 4 -1.3 Inspection Requirements 4 -1.3.4 Inspection and Testing SECTION 5 UTILITIES 5 -2 PROTECTION 5 -7 ADJUSTMENTS TO GRADE 5 -8 SALVAGED MATERIALS SECTION 6 PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6 -1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF THE WORK 1 1 1 1 2 2 2 2 2 2 2 2 2 3 3 3 3 3 3 0 0 6 -7 TIME OF COMPLETION 6 -7.1 General 6 -7.2 Working Days 6 -7.4 Working Hours 6 -9 LIQUIDATED DAMAGES SECTION 7 RESPONSIBILITIES OF THE CONTRACTOR 7 -7 COOPERATION AND COLLATERAL WORK 7 -8 PROJECT SITE MAINTENANCE 7 -8.5 Temporary Light, Power and Water 7 -8.6 Water Pollution Control 7 -10 PUBLIC CONVENIENCE AND SAFETY 7 -10.1 Traffic and Access 7 -10.2 Storage of Equipment and Materials in Public Streets 7 -10.3 Street Closures, Detours, Barricades 7 -10.4 Public Safety 7- 10.4.1 Safety Orders 7 -10.7 Notice to Residents 7 -15 CONTRACTOR'S LICENSES 7 -16 CONTRACTOR'S RECORDS /AS BUILT DRAWINGS SECTION 9 MEASUREMENT AND PAYMENT 9 -3 PAYMENT 9 -3.1 General 9 -3.2 Partial and Final Payment PART 2--- CONSTRUCTION MATERIALS SECTION 213 ENGINEERING FABRICS 213 -1.1 General SECTION 214 PAVEMENT MARKERS 214 -4 NONREFLECTIVE PAVEMENT MARKERS 214 -5 REFLECTIVE PAVEMENT MARKERS PART 3 - -- CONSTRUCTION METHODS 4 4 4 4 4 5 5 5 5 5 6 6 6 6 6 6 7 7 7 8 8 8 9 I PART 4 SECTION 400 ALTERNATE ROCK PRODUCTS, ASPHALT CONCRETE, PORTLAND CEMENT CONCRETE AND UNTREATED BASE MATERIAL 12 400 -2 UNTREATED BASE MATERIAL 12 SECTION 300 EARTHWORK 9 300 -1 CLEARING AND GRUBBING 9 300 -1.3 Removal and Disposal of Materials 9 300 -1.3.1 General 9 300 -1.3.2 Requirements 10 300 -1.5 Solid Waste Diversion 10 SECTION 302 ROADWAY SURFACING 10 302 -5 ASPHALT CONCRETE PAVEMENT 10 302 -5.1 General 10 302 -5.4 Tack Coat 10 SECTION 310 PAINTING 10 310 -5 PAINTING VARIOUS SURFACES 10 310 -5.6 Painting Traffic Striping, Pavement Markings, and Curb Markings 10 310 -5.6.6 Preparation of Existing Surfaces 10 310 -5.6.7 Layout, Alignment and Spotting 11 310 -5.6.8 Application of Paint 11 SECTION 312 PAVEMENT MARKER PLACEMENT AND REMOVAL 11 312 -1 PLACEMENT 11 PART 4 SECTION 400 ALTERNATE ROCK PRODUCTS, ASPHALT CONCRETE, PORTLAND CEMENT CONCRETE AND UNTREATED BASE MATERIAL 12 400 -2 UNTREATED BASE MATERIAL 12 400 -2.1 General 12 400 -2.1.1 Requirements 12 400 -4 ASPHALT CONCRETE 12 400 -4.2 Materials 12 400 -4.2.2 Aggregate 12 • SP 1 OF 12 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS NEWPORT ELEMENTARY SCHOOL PLAYGROUND REHABILITATION CONTRACT NO. 3618 INTRODUCTION All work necessary for the completion of this contract shall be done in accord with (1) these Special Provisions; (2) the Plans (Drawing No. M- 5351 -S); (3) the City's Standard Special Provisions and Standard Drawings for Public Works Construction, (1994 edition), including Supplements; (4) Standard Specifications for Public Works Construction (1997 edition), including supplements. Copies of the Standard Special Provisions and Standard Drawings may be purchased at the Public Works Department. Copies of the Standard Specifications may be purchased from Building News, Inc., 1612 South Clementine Street, Anaheim, CA 92802, 714 - 517 -0970. The following Special Provisions supplement or modify the Standard Specifications for Public Works Construction as referenced and stated hereinafter: PART 1 GENERAL PROVISIONS SECTION 2-- -SCOPE AND CONTROL OF THE WORK 2 -6 WORK TO BE DONE Add to this section, "The work necessary for the completion of this contract consists of pavement preparation, crack sealing and filling, placing fabric, overlaying asphalt concrete pavement, and pavement striping. 2 -9 SURVEYING 2 -9.3 Survey Service. Add to this section: "The City will provide construction staking as required to construct the improvements. Any additional stakes or any restaking, or costs thereof, shall be the responsibility of the Contractor. The Contractor shall notify the City in writing two working days in advance of the time that the stakes are needed. The City's Surveyor will file a Corner Record or Record of Survey with the County Surveyor's Office prior to the start of any construction. After completion of all construction, the City's Surveyor will file a Corner Record or Record of Survey with the County Surveyor's Office for any monuments that have been replaced. All existing street and property corner monuments are to be preserved. The Contractor will be E • SP2OF12 back - charged for the cost of restoring any survey monument damaged by the Contractor outside the project limits." 2 -9.6 Survey Monuments. The Contractor shall, prior to the beginning of work, inspect the project for existing survey monuments and then schedule a meeting with the City Surveyor to walk the project to review the survey monuments. The Contractor shall protect all survey monuments during construction operations. In the event that existing survey monuments are removed or otherwise disturbed during the course of work, the Contractor shall have the affected survey monuments restored per records, at his expense. The Contractor's Surveyor shall file the required Record of Survey or 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. (b) Work by Subcontractor. When all or any part of the extra work is performed by a Subcontractor, the markup established in 3- 3.2.3(a) shall be applied to the Subcontractor's actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor. SECTION 4 - -- CONTROL OF MATERIALS 4 -1 MATERIALS AND WORKMANSHIP 4 -1.3 Inspection Requirements 4 -1.3.4 Inspection and Testing. All material and articles furnished by the Contractor shall be subject to rigid inspection, and no material or article shall be used in the work until it has been inspected and accepted by the Engineer. The Contractor shall furnish the Engineer full information as to the progress of the work in its various • • SP3OF12 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 or meter box or cover is damaged by the work and is not re- useable, the Contractor shall provide and install a new pull or meter box or cover of identical type and size at no additional cost to the City." 5 -7 ADJUSTMENTS TO GRADE. The Contractor shall adjust to finish grade City - owned water meter boxes, water valve covers, sewer manholes, sewer cleanouts and survey monuments. For adjustment of Southern California Edison, The Gas Company, Pacific Bell, cable television, and other utility facilities to the finish grade, the Contractor shall submit to the Engineer a written request specifying facilities to be adjusted. The City will contact each utility company and request the utility company to adjust its facilities per the franchise agreement and asking the utility company to coordinate the adjustments with the City's contractor. The Contractor shall then coordinate with each utility company for the adjustment of these facilities. 5 -8 SALVAGED MATERIALS. The Contractor shall salvage all existing meter or valve box covers. The Contractor shall salvage all removed cast iron pipes. Salvaged materials shall be delivered to the City's Utility Yard at 949 West 16th Street. The Contractor shall make arrangements for the delivery of salvaged materials by contacting Mr. Ed Burt, Utilities Superintendent, at (949) 718 -3402. 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: "The time of completion as specified in Section 6 -7, shall commence on the date of the 'Notice to Proceed." 0 • SP4OF12 No work shall begin until a "Notice to Proceed" has been issued, a pre- construction meeting has been conducted, and a schedule of work has been approved by the Engineer. The Contractor shall submit a construction schedule to the Engineer for approval a minimum of five working days prior to commencing any work. Schedule may be bar chart or CPM style. The Engineer will review the schedule and may require the Contractor to modify the schedule to conform to the requirements of the Contract Documents. If work falls behind the approved schedule, the Contractor shall be prohibited from starting additional work until he has exerted extra effort to meet his original schedule and has demonstrated that he will be able to maintain his approved schedule in the future. Such stoppages of work shall in no way relieve the Contractor from his overall time of completion requirement, nor shall it be construed as the basis for payment of extra work because additional personnel and equipment were required on the job." 6 -7 TIME OF COMPLETION 6 -7.1 General. Add to this section: "The Contractor shall complete all work under the Contract within 15 consecutive working days after the date on the Notice to Proceed. " It shall 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 151,' 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 4", the first Monday in September (Labor Day), November 11" (Veterans Day), the fourth Thursday in November (Thanksgiving), December 24`", (Christmas Eve — half day), December 25" (Christmas), and December 3151(New Year's Eve — half day). 6 -7.4 Working Hours. Normal working hours are limited to 7:00 a.m. to 3:30 p.m., Monday through Friday. Should the Contractor elect to work outside normal working hours, he must first obtain special permission from the Engineer. The request may be for 3:30 p.m. to 6:30 p.m. on weekdays or 8:00 a.m. to 6 p.m. on Saturday only. A request for working during any of these hours must be made at least 72 hours in advance of the desired time period. A separate request must be made for each work shift. The Engineer reserves the right to deny any or all such requests. Additionally, the Contractor shall pay for supplemental inspection costs of $60.00 per hour when such time periods are approved. 6 -9 LIQUIDATED DAMAGES. Revise sentence three to read: "For each consecutive calendar day after the time specified in Section 6 -7 -1 for completion of the work, the Contractor shall pay to the City or have withheld from moneys due it, the daily sum of $500. • • SP5OF12 Revise paragraph two, sentence one, to read: "Execution of the Contract shall constitute agreement by the Agency and Contractor that $500 per day is the minimum value of the costs and actual damage caused by the failure of the Contractor to complete the Work within the allotted time. The intent of this section is to emphasize to the Contractor the importance of prosecuting the work in an orderly preplanned continuous sequence so as to minimize inconvenience to residences, businesses, vehicular and pedestrian traffic, and the public as a result of construction operations." SECTION 7 - -- RESPONSIBILITIES OF THE CONTRACTOR 7 -7 COOPERATION AND COLLATERAL WORK. Add to this section: "City forces will perform all shut downs of water facilities as required. The Contractor shall give the City seven calendar days notice of the time he desires the shut down of facilities to take place. A four -hour shut down of water facilities during the daytime hours of 10:00 a.m. to 2:00 p.m. or a six -hour shut down between the hours of 11:00 p.m. to 5:00 a.m. will be allowed. The Contractor will be responsible for completing all water connections within the time period allowed. The times and dates of any utility to be shut down must be coordinated with the City of Newport Beach, Utilities 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 City 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. Water used during construction shall be paid for by the Contractor. This includes water for flushing and pressure testing water lines, compaction, irrigation during maintenance period for landscaping, etc." 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 0 0 SP6OF12 settling basin(s) sufficient to prevent such material from migrating into any catch basin, Newport Harbor, the beach, or the ocean." 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. 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. The Contractor shall protect the site at all times from all beach pedestrians and students. 7 -10.2 Storage of Equipment and Materials in Public Streets. Delete the first paragraph and add the following: "Construction materials and equipment may only be stored in streets, roads, or sidewalk areas if approved by the Engineer. It is the Contractor's responsibility to obtain an area for the storage of equipment and materials. Prior to move -in, the Contractor shall take photos of the laydown area. The Contractor shall restore the laydown area to its pre- construction condition. The Engineer may require new base and pavement if the pavement condition has been compromised during construction." 7 -10.3 Street Closures, Detours and Barricades. Add to this section: 'The Contractor shall submit to the Engineer - at least five working days prior to the pre - construction meeting a pedestrian detour plans. The Contractor shall be responsible for processing and obtaining approval of the pedestrian detour plan from the City's Traffic Engineer. The Contractor shall adhere to the conditions of the pedestrian detour plan. The pedestrian detour plan shall be prepared and signed by a licensed Traffic Engineer and conform to the provisions of the WORK AREA TRAFFIC CONTROL HANDBOOK (W.A.T.C.H), 2001 Edition. The pedestrian detour plan must meet the following requirements: 1. Emergency vehicle access shall be maintained at all times. 2. The locations and wordings of all barricades, signs, delineators, lights, warning devices, parking restrictions, and any other required details shall ensure that all pedestrian 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. 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 C, J • SP7OF12 all State, Federal and other laws, rules, regulations, and orders relating to the safety of the public and workers. The right of the Engineer or the City's Representative to conduct construction review or observation of the Contractor's performance shall not include review or observation of the adequacy of the Contractor's safety measures in, on, or near the construction site." 7 -10.7 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 prior to the start of any construction, the Contractor shall distribute to the adjacent residents a second written notice prepared by the City clearly indicating specific dates in the space provided on the notice when construction operations will start for each block or street, what disruptions may occur, and approximately when construction will be complete. An interruption of work at any location in excess of 14 calendar days shall require re- notification. The Contractor shall insert the applicable dates and times at the time the notices are distributed. The written notices will be prepared by the City, but shall be completed and distributed by the Contractor. 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 City. 7 -15 CONTRACTOR'S LICENSES. At the time of the award and until completion of work, the Contractor shall possess a General "A" Engineering Contractor 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 RECORDSMS 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" 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. 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. 0 • SP8OF12 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. The following items of work pertain to the bid items included within the Proposal: Item No. 1 Mobilization: Work under this item shall include providing bonds, insurance and financing, establishing a field office, preparing the SWPPP and construction schedule, and all other related work as required by the Contract Documents. Item No. 2 Clearing and Grubbing: Work under this item shall include all item related to preparing existing AC Pavement for overlay including but not limited to cleaning of the AC Pavement surface, removing all raised /heaved asphalt areas by use of a mechanical grinder, cleaning out all cracks greater than 0.25" in width, and all other work items as required to complete the work in place. Item No. 3 Cold Mill Asphalt Pavement: Work under this item shall include cold milling the asphalt concrete pavement to a depth below existing finished grade as shown on the drawings and all other work items as required to complete the work in place. Item No. 4 Crack Filling and Sealing: Work under this item shall include routing out the crack, applying a soil sterileant, crack sealing of all cracks with a width of 0.25' to 0.5" with a hot - applied crack sealant, filling all cracks larger than 0.5" with hot asphalt concrete, applying an asphaltic tack coat to the roadway and all other work items as required to complete the work in place. Item No. 5 0.5 -inch Thick Asphalt Pavement Base Course: Work under this item shall include constructing a 0.5 -inch thick asphalt pavement base course and all other work items as required to complete the work in place. Item No. 6 Paving Fabric : Work under this item shall include placing AR -8000 asphalt emulsion, Petromat CEF style 4599 Paving fabric (or approved equal) and all other work items as required to complete the work in place. Item No. 7 1.5 -inch Thick Asphalt Pavement Overlay: Work under this item shall include constructing a 1.5 -inch thick asphalt pavement overlay and all other work items as required to complete the work in place. • • SP9OF12 Item No. 8 Traffic Striping: Work under this item shall include installing traffic striping, pavement markers, and all other work items as required to complete the work in place. 9 -3.2 Partial and Final Payment. Add to this section: 'Partial payments for mobilization and traffic control shall be made in accordance with Section 10264 of the California Public Contract Code." PART 2 CONSTRUCTION MATERIALS SECTION 213 - -- ENGINEERING FABRICS 213 -1 PAVEMENT FABRIC 213 -1.1 General Add to this Section: "The fabric shall be Petromat CEF style 4599 or alternate as approved by the City." 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." PART 3 CONSTRUCTION METHODS SECTION 300 - -- EARTHWORK 300 -1 CLEARING AND GRUBBING 300 -1.3 Removal and Disposal of Materials 300 -1.3.1 General. Add to this section: 'The work shall be done in accordance with Section 300 -1.3.2 of the Standard Specifications except as modified and supplemented herein. Joins to existing pavement lines shall be full depth sawcuts. Final removal between the sawcut lines may be accomplished by the use of jackhammers or sledgehammers. Pavement breakers or stompers will not be permitted on the job. The Engineer must approve final removal accomplished by other means. • • SP 10 OF 12 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 pavement removal 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 i/2 inch" of the last sentence with the words 'two (2) inches ". 300 -1.5 Solid Waste Diversion. Non - reinforced concrete and asphalt wastes generated from the job site shall be disposed of at a facility that crushes such materials for reuse. Excess soil and other recyclable solid wastes shall not be disposed of at a sanitary landfill. The Contractor shall maintain monthly tonnage records of total solid wastes generated and solid wastes disposed of at a sanitary landfill. The Contractor shall report said tonnage monthly to the Engineer on a form provided by the Engineer and provide appropriate confirmation documentation from the recycling facility. SECTION 302 - -- ROADWAY SURFACING 302 -5 ASPHALT CONCRETE PAVEMENT 302 -5.1 General. Add to this section: "The asphalt concrete (A.C.) used shall be III -C3 -AR -4000. All cracks'/ -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 0.5 -inch in width shall be filled and compacted with an F -AR 4000 asphalt concrete mix. The pavement shall then be cleaned with a power broom." 302 -5.4 Tack Coat. Add to this section: 'Prior to placing the asphalt concrete patches, a tack coat of Type SS -1h asphaltic emulsion at a rate not to exceed one — tenth (1/10) of a gallon per square yard shall be uniformly applied to existing A.C. and P.C.C. surfaces and edges against which asphalt concrete is to be placed." SECTION 310 - -- PAINTING 310 -5 PAINTING VARIOUS SURFACES 310 -5.6 Painting Traffic Striping, Pavement Markings, and Curb Markings 310 -5.6.6 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." • • SP 11 OF 12 310 -5.6.7 Layout, Alignment, and Spotting. Modify and amend this section to read: "The Contractor shall perform all layout, alignment, and spotting. The Contractor shall be responsible for the completeness and accuracy of all layout alignment and spotting. Traffic striping shall not vary more than 1/2 inch in 40 feet from the alignment shown on the plans. The Contractor shall mark or otherwise delineate the new traffic lanes and pavement markings within 24 hours after the removal or covering of existing striping or markings. No street shall be without the proper striping over a weekend or holiday. Stop bars shall not remain unpainted overnight." 310 -5.6.8 Application of Paint. Add to this section: "Temporary painted traffic striping and markings shall be applied in one coat, as soon as possible and within 24 hours after the finish course has been applied. Paint for temporary traffic striping and pavement markings shall be white Formula No. 2600A9 Duraline 2000 and yellow Formula No. 2601A9 Duraline 2000 as manufactured by Morton. These temporary paints shall be applied at 15 mils wet. The final striping for all painted areas shall be sprayable reflectorized thermoplastic. The sprayable reflectorized thermoplastic pavement striping shall not be applied until the paving has been in place for at least 15 days. The thermoplastic shall be applied at 0.45 mm minimum thickness for all striping except crosswalks and limit lines — which shall be 0.90 mm minimum thickness. If the Contractor fails to perform striping as specified herein, the Contractor shall cease all contract work until the striping has been properly performed. Such termination of work shall require the Contractor to re- install "NO PARKING, TOW - AWAY" signs and re- notify the affected residents, at the Contractor's sole expense. In addition, if the 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 PART 4 • SP 12 OF 12 SECTION 400 - -- ALTERNATE ROCK PRODUCTS, ASPHALT CONCRETE, PORTLAND CEMENT CONCRETE AND UNTREATED BASE MATERIAL 400 -2 UNTREATED BASE MATERIALS 400 -2.1 General 400 -2.1.1 Requirements. Add to this section: "The Contractor shall use crushed miscellaneous base as the base materials." 400 -4 ASPHALT CONCRETE 400 -4.2 Materials 400 -4.2.2 Aggregate. Add to this section: "Aggregates used in asphalt concrete shall conform with Table 400 -4.3 — Class D graduation." F: \USERS \PBNAShared \Contracts \MASTERS \CONTRACT SET UP\MASTER SPECS.doc Last saved by ssoy1er06 111/2003 12:14 PM AC'ORD CERTIFICATS OF LIABILITY INSU NCI�,ITB Dl DATE (MMID01YYj - 07/15/03 PRODUCER MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Wood - Gutmann Insurance Brokers ILTR ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE License #0679263 I GENERAL LIABILITY HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 14192 Franklin Ave., Suite 200 Tustin CA 92780 -7044 EACH OCCURRENCE $1,000,000 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, rX�COMMERCIALGENERALLIABILITY CBP9549335 Phone:714- 505 -7000 Fax:714 -573 -1770 12/01/03 FIRE DAMAGE IAUyone1 INSURERS AFFORDING COVERAGE INSURED CLAIMS MADE [�X OCCUR INSURER A: Peerless Insurance Com an INSURER B: Mercury Casualty Com an Haitbrink Asphalt Paving, Barbara Haitbrink Inc. INSURER C: Harbor Specialty INSU RER D: Golden Eagle Insurance Co 480 S. Old Ranch Road Anaheim CA 92808 $ 1,000,000 NSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE 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. ILTR TYPE OFINSURANCE POLICY NUMBER I DATE MMIDDM/ E DATE POLICY PIRATION LIMITS I GENERAL LIABILITY I EACH OCCURRENCE $1,000,000 A rX�COMMERCIALGENERALLIABILITY CBP9549335 12/01/02 12/01/03 FIRE DAMAGE IAUyone1 $100,000 CLAIMS MADE [�X OCCUR MED EXP (Any one person} $ 5,000 PERSONAL 8 ADV INJURY $ 1,000,000 GENERAL AGGREGATE 1$2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: :PRODUCTS- GOMPIOPAGG $1,000,000 POLICY I PRO - JECT LOC AUTOMOBILE LIABILITY l��ANY COMBINED SINGLE LIMIT $1,000,000 B AUTO AC11048997 01/01/03 01/01/04 (Ea accident) $ ALL OWNED AUTOS BODILY INJURY X SCHEDULED AUTOS I (Per person) X HIREDAUTOS This ertificat BODILY INJURY ' X NON -OWNED AUTOS / \� Q '_ Superce p A I',�[ P /1� es All O ' ` rs (Per accicieNt PROPERTY DAMAGE $ ...,.. �. (Per accident) S GARAGE LIABILITY PreVI%J�01.y AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHERTHAN EA ACC $ AUTO ONLY: AGG $ EXCESS LIABILITY. EACH OCCURRENCE $ 1,000,000 D "X OCCUR .L CLAWS MADE 1 CU9725540 04/28/03 12/01/03 .AGGREGATE $1,000,000 5 DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND X � TORY LIMITS ER C EMPLOYERS'LIABILITY SA80010321555 01/01/03: 01/01/04 E.L. EACH ACCIDENT S 1000000 j E.L. DISEASE -EA EMPLOYEE $ 1000000 E L. DISEASE - POLICY LIMIT $ 10o OOOO OTHER I I l DESCRIPTION OF OPERATIONS /LOCATIONSNEHICLES /EXCLUSIONS ADDED BY ENDORSEMENT /SPECIAL PROVISIONS *10 day notice of CANCELLATION in the event of non - payment of premium. Please see attached note -pad for additional insured information under the above listed GL policy. WC waiver of subrogation has been requested and will follow upon company approval. RE: Newport Elementary School Rehabilitation, Job '# 3319 X)[X NEWP0_ SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURERIYIEE ENDEAtlORie MAIL *30 DAYSWRITTEN City of Newport Beach jt;'. NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, 0UrFMrURrT0T&6Qe&14ALL Attn: Public Works Department IMP R 3300 Newport Blvd. Newport Beach, CA 92663 rlC• AUTHORIZED REPRESENTATIVE�yp. IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25S (7/97) NOTEPAD: NSURED'S NAMEWittbrink Asphalt Paving, Inc. • OPIDTJBI DATE 07/15/03 PAGE 3 City of Newport Beach, Public Works Department, Its officers, officials, employees and volunteers are named as additional insureds per attached GECG601 (10 -98), including primary wording, for occurrences arising out of (work performed by or on behalf of the named insured during this policy Primary and non - contributory wording applies per attached CG 0001 (07/98) (Page 10 of 14). City of Newport Beach, Public Works Department, Its officers, officials, employees and volunteers are named as additional insureds with respects to Auto liability. 0 0 Forming a part of Policy Number: C3P9549335 12/01/02 - 12/01/03 Coverage Is Provided In Named Insured: Agent: Haitbrink Asphalt Paving, Inc. Wood- Gutmann Insurance Brokers Agent Code: Agent Phone: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM 8) This endorsement modifies insurance provided urderthe tilawing: COMMERCIAL GENERAL LABILITY COVERAGE PART WHO !S AN :9SURED section II) is amended to mdude as an ! nsured re person cr cr;aritaocr ihowr i. lie :r.:v .vo -?;;ac: re °a.:.r. arising out o('ycur •.vcW br rat insured by or 5ar you. The coverage atrded re additional insured does not apply to any project cn -mch'you Nark' was cpleteC ;nor to ate effective oata IT 111S endorsement SCHEDULE "As required by written contract" City of Newport Beach, Its officers, Public Works Department 3300 Newport Beach PO Box 1768 Newport Beach, CA 92658 -8915 officials, employees and volunteers RE: Newport Elementary School Rehabilitation, Job # 3319 It is further agreed that such insurance as is afforded by this policy for the benefit of the above Additional Insured(s) shall be primary insurance as respects any claim, loss or liability arising out the Named Insured(s) operations, and any other insurance maintained by the Additional Insured(s) shall be excess and non - contributory with the insurance provided hereunder. GECG 601 (10198) •992 mei .0 ;9^'aesn Haitbrink Asphalt Paving, Inc. •Policy# CBP9549335 12/1/02 - 12/1/1P b. To sue us on this Coverage Part unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured obtained after an actual trial; but we will not be liable for damages that are not payable under the terms of this Coverage Part or that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us, the insured and the claimant or the claimant's legal representative. 4. Other Insurance If other valid and collectible insurance is available to the insured for a loss we cover under Coverages A or B of this Coverage Part, our obligations are limited as follows: a. Primary Insurance This insurance is primary except when b. below applies. If this insurance is primary, our obligations are not affected unless any of the other insurance is also primary. Then, we will share with all that other insurance by the method described in c. below. b. Excess Insurance This insurance is excess over: (1) Any of the other insurance, whether primary, excess, contingent or on any other basis: (a) That is Fire, Extended Coverage. Builder's Risk. Installation Risk or similar coverage for "your work" (b) That is Fire insurance for premises rented to you or temporarily occupied by you with permission of the owner; (c) That is insurance purchased by you to cover your liability as a tenant for "property damage" to premises rented to you or temporarily occupied by you with permission of the owner; or (d) If the loss arises out of the maintenance or use of aircraft. "autos" or watercraft to the extent not subject to exclusion g. of Section I — Coverage A— Bodily Injury And Property Damage Liability. (2) Any other primary insurance available to you covering liability for damages arising out of the premises or operations for which you have been added as an additional insured by attachment of an endorsement. When this insurance is excess, we will have no duty under Coverages A or B to defend the insured against any "suit" if any other insurer has a duty to defend the insured against that "suit ". If no other insurer defends. we will undertake to do so, but we will be entitled to the insurer's rights against all those other insurers. When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (1) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (2) The total of all deductible and self - insured amounts under all that other insurance. We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. c. Method Of Sharing it all of the other insurance permits contribution by equal shares, we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains. whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. 5. Premium Audit a. We will compute all premiums for this Coverage Part in accordance with our rules and rates. b. Premium shown in this Coverage Part as advance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period. Audit premiums are due and payable on notice to the first Named Insured. If the sum of the advance and audit premiums paid for the policy period is greater than the earned premium, we will return the excess to the first Named Insured. Copyngnl, Insurance Services Office, Inc.. 1997 CG 0001 (07/98) Page 10 of 14 JUL -03 -2003 T�HU 02:38 PM CAL SURANCE FAX N0, 7149391654 Fax #: (`1'7 — V14 CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. P, 01 Date Received: 3- 3 Dept. /Contact Received From: I lcDD�' S Date Completed: -4 - 3-p Sent to: _ By: A 1 1 L�J Q 1 ki Company /Person required to have certificate: -t n h�— GENERAL LIABILITY A. INSURANCE COMPANY: B. AM BEST RATING (A: VII i C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? Yes ❑ No D. LIMITS (Must be $1 M or greater): What is limit provided? `�Z M E. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? gYes ❑ No F. ADDITIONAL INSURED WORDING TO INCLUDE (The City its Is it WYes ❑ No officers, officials, employees and volunteers): included? G. PRIMARY & NON- CONTRIBUTORY WORDING (Must be inc(uded)i Is it included? ❑ Yes KNo H. CAUTIONI (Confirm that loss or liability of the named insured is not limited solely by their negligence) Does endorsement include "solely by negligence" wording? ❑ Yes ❑ No 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. R. AUTOMOBILE LIABILITY A. /'+ INSURANCE COMPANY: j�i�j Lam{ 1 aSs ,� �'�- �+,-� ICJ , B. AM BEST RATING (A: VII or greater): + X T C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? Yes Q No �D. LIMITS (Must be SIM min. BI & PO and $500,000 UM): What is limits provided. mrk 1 JE. 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): n j0` Is it included? ❑ Yes ❑ No G. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. III. WORKERS' COMPENSATION A. INSURANCE COMPANY: Q B. AM BEST RATING (A: VII or greater): C. LIMITS: Statutory D. WAIVER OF SUBROGATION (To include): Is it included? 'Yes ❑ No HAVE ALL ABOVE REQUIREMENTS BEEN MET? ❑ Yes o IF NO WHICH ITEMS NEED TO BE COMPLETED? �7 (ter �rj V ►gym} t�� /�Yl rnIL4y t � ur/9..t n � • �� �� I rte m �r �S t Y19 0 CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 9 July 8, 2003 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COU BY THE GtIY COUNCIL CRY OF NEWPORT BEACH FROM: Public Works Department Sean Crumby, P.E. 949 - 644 -3311 scrumby @city.newport- beach.ca.us APPR L` SUBJECT: NEWPORT ELEMENTARY SCHOOL PLAYGROUND REHABILITATION - AWARD OF CONTRACT NO. 3618 RECOMMENDATIONS: 1. Approve the plans and specifications. 2. Award Contract No. 3618 to Haitbrink Asphalt Paving for the Total Bid Price of $85,925, and authorize the Mayor and the City Clerk to execute the contract. 3. Establish an amount of $7,075 to cover the cost of unforeseen work. 4. Approve a Budget Amendment appropriating $12,000 from the unappropriated balance of the Tide and Submerged Land Fund to Account No. 7231- C5100713. 5. Approve a Budget Amendment appropriating $6,000 to Contributions Account No. 7251- C5100713 and increase revenue estimates by $6,000 into Account No. 250 -4858 to reflect the additional Newport Mesa Unified School District contribution for the beach playground improvements. DISCUSSION: At 2:00 P.M. on June 25, 2003, the City Clerk opened and read the following bids for this project: BIDDER Low Haitbrink Asphalt Paving 2 Hardy and Harper 3 Mission Paving and Sealing 4 Beach Paving TOTAL BID AMOUNT $85,925.00 $89,765.00 $89,850.00 $95,575.00 Corrected Bid Amount Subject: Newport Elementaffihool Playground — Award of Contract No. 3610 July 8, 2003 Page: 2 The low bid amount is 11 percent higher than the Engineer's Estimate of $77,000. The low bidder, Haitbrink Asphalt Paving, possesses a General "A" Contractor's license as required by the project specifications. Haitbrink Asphalt Paving has satisfactorily completed similar concrete repair projects for the City. This project involves resurfacing the beach playground area for the Newport Elementary School. The resurfacing includes treating the cracks in the existing asphalt, putting down a leveling course, a paving fabric, and a surface layer of new asphalt. To minimize the impact of this project construction will take place during the summer season when school is not in session. Environmental Review: The project was determined to be exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15302 of the CEQA Implementing Guidelines at the time the project was authorized by the City Council. This exemption covers the maintenance and alteration of existing public facilities with negligible expansion of the facilities in areas that are not environmentally sensitive. This project involves resurfacing an existing playground. Funding Availability: The current budget has appropriated $75,000 for this project, $50,000 from the City's Tide and Submerged Land Fund and $25,000 as a contribution from the Newport Mesa Unified School District (NMUSD). An additional $12,000 is needed from City funds and an additional $6,000 from NMUSD. Staff is recommending two Budget Amendments to perform this work. Upon approval of the Budget Amendments, there will be sufficient funds available in the following accounts for the work: Account Description Tide & Submerged Land Contributions Prepared by: Sean Junior Civil Engineer Attachments: Project Location Map Bid Summary Account Number Amount 7231 C5100713 $62,000 7251 C5100713 $31,000 Total: $93,000 Submitted by: , (--St6h .;G. Badum Publi�iWorks Director NEWPORT NTS C yA � NNEC D� Dh BACBOq NEWPp R v E�EM. T BEAC Q OCEAN g icL = ep�<E� qR0 Q PRO Q PROJECT Q Q PAC�PIC OCEAN LOCATION MAP NEWPORT ELEMENTARY SCHOOL PLAYGROUND - PAVING U Q W m F- a O a W Z LL O I H 2 W F d' Q IL W 0 Y O U J m 7 IL w Q O ui - H m U v O ❑ w U v W V S _ U U Z w OQ O U O J EB m CD 0 a ,6ity of Newport Bead BUDGETAMENDMENT 2003 -04 EF7'FCT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates X Increase Expenditure Appropriations Transfer Budget Appropriations SOURCE: from existing budget appropriations X from additional estimated revenues X from unappropriated fund balance EXPLANATION: NO. 3A- 001 AMOUNT: $1a,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 revenue estimates and expenditure appropriations for the Newport Elementary School Playground Rehabilitation Project, C -3618. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account Description 23D 3605 Tidelands Fund Balance REVENUE ESTIMATES (3601) Tidelands Account FundlDivision Account Description 250 4858 Contributions - Refunds /Rebates from Govt EXPENDITURE APPROPRIATIONS (3603) Signed: � l/ Finan&'al Approval: Administrative Services Director Signed Administrative Approval: City Manager Sio, �: City Council Approval: City C!erk Amount Debit Credit $12,000.00 ' $6,000.00 $12,000.00 $6,000.00 z Date Date Date Description Division Number 7231 Tidelands Account Number C5100713 Newport Elementary Playground Division Number 7251 Contributions Account Number C5100713 Newport Elementary Playground Division Number Account Number Division Number Account Number Signed: � l/ Finan&'al Approval: Administrative Services Director Signed Administrative Approval: City Manager Sio, �: City Council Approval: City C!erk Amount Debit Credit $12,000.00 ' $6,000.00 $12,000.00 $6,000.00 z Date Date Date Wty of Newport Beacle BUDGET AMENDMENT 2003 -04 EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates X Increase Expenditure Appropriations Transfer Budget Appropriations SOURCE: from existing budget appropriations X from additional estimated revenues X from unappropriated fund balance EXPLANATION: NO. BA- 001 AMOUNT: $18,000.00 Increase in Budgetary Fund Balance AND X Decrease in Budgetary Fund Balance No effe e,ta 8Y THE CRY COUNCIL CRY OF NEWPORT BEACH This budget amendment is requested to provide for the following: To increase revenue estimates and expenditure appropriations for the Newport Elementary School Playground Rehabilitation Project, C -3618. ACCOUNTING ENTRY: Amount BUDGETARY FUND BALANCE Debit Credit Fund Account Description 230 3605 Tidelands Fund Balance $12,000.00 ' REVENUE ESTIMATES (3601) Fund /Division Account Description 250 4858 Contributions - Refunds /Rebates from Govt $6,000.00 EXPENDITURE APPROPRIATIONS (3603) Description Division Number 7231 Tidelands Account Number C5100713 Newport Elementary Playground $12,000.00 Division Number 7251 Contributions Account Number C5100713 Newport Elementary Playground $6,000.00 Division Number Account Number Division Number Account Number " Automatic System Entry. Signed: Finan 'al Approval: Administrative ices Director Date Signed: Administrative Appro I: City Manager ate Signed: City Council Approval: City Clerk Date