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Home My WebLink AboutC-3625(A) - Jamboree Road Street Rehabilitation Project from Eastbluff Drive/Ford Road to Bison AvenueCITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK LaVonne M. Harkless, MMC November 23, 2005 All American Asphalt P. O. Box 2229 Corona, CA 92878 -2229 Subject: Jamboree Road Rehabilitation from Ford Road to Bison Avenue (C -3625) To Whom It May Concern: On November 23, 2004, the City Council of Newport Beach accepted the work of the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 35 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code and to release the Faithful Performance Bond one year after Council acceptance. The Labor & Materials Bond was released on January 5, 2005. The Surety for the contract is Fidelity and Deposit Company of Maryland, and the bond number is 087 -27 -498. Enclosed is the Faithful Performance Bond. Sincerely, LaVonne M. Harkless, MMC City Clerk cc: Public Works Department R. Gunther, P.E. enclosure 3300 Newport Boulevard • Post Office Box 1768 - Newport Beach, California 92658 -8915 Telephone: (949) 644 -3005 • Fax: (949) 644 -3039 • www.city.newport- beach.ca.us EXECUTED IN FOUR ( PARTS CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT JAMBOREE ROAD REHABILITATION FROM FORD RQAD TO BISON AVENUE CONTRACT NO. 3625 BOND NO. 087 27 498 FAITHFUL PERFORMANCE_BONQ The premium chaTes on this Bond is $ 2,935. 0 0 being at the rate of $ 4 • 0 thousand of the Contract price. WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, awarded to Name of Contractor, hereinafter designated as the "Principal", a contract for construction of JAMBOREE ROAD REHABILITATION FROM FORD ROAD TO BISON AVENUE, Contract No. 3625 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. 3625 and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract; NOW, THEREFORE, we. the Principal, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND , duty 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 (INSERT CONTRACT DOLLAR AMOUNT) lawful money of the United ** *SEE States of America, said sum being equal to 100% of the estimated amount of the Contract, to be BELOW 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 wig faithfully perform the same, in an amount not exceeding the sum specified in this Bond, otherwise this obligation shall become null and void, ** *BOND AMOUNT: SEVEN HUNDRED THIRTY THREE THOUSAND, SEVEN HUNDRED THIRTY THREE & NO /100ths ($733,733.00) DOLLARS 28 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 riotice 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 27thday of May . 2004. ALL AMERICAN ASPHALT Name of Contractor (Principal) FIDELITY AND DEPOSIT COMPANY Name of Surety OF MARYLAND 801 NO. BRAND BOULEVARD PENTHOUSE SUITE GLENDALE, CA. 91203 Address of Surety SURETY: 818=409 -2800 AGENT: 714 - 935 -1112 Telephone OWEN M. BROWN, ATTORNEY -IN -FACT Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST SE ATTACHED q�] CALIFORNIA ALL- PURP"E ACKNOWLEDGMENT State of California County of Riverside On 5 -28 -04 beforeme, Debbie A Matsen, Notary Public Date Name and TiOe of Officer (e.g.. 'Jane Doe, Notary Public') personally appeared Robert Bradley Name of Signer X7Cpersonally known to me - to be the person(s) whose name($) is /are subscribed to the within instrument and acknowledged to me that he /eheAOA;y executed the same in his /heAheirauthorized capacity(es), and that by =A. MOOMM his /berAheir signature(,d) on the instrument the personal, Ca my"M * 14525" or the entity upon behalf of which the person(aaf acted, Nohnyl'l-cawamYO executed the instrument. IIM�erO� Cowry MY�lMV� WITNESS my hand and official seal. za66tr lJ. Ot � Signature of Notary Pub tc OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Faithful Performance Bond, City of Newport Beach Document Date: 5 -27 -04 Signer(d) Other Than Named Above: Owen M. Brown Capacityo* Claimed by Signer(,$) Signer's Name: Robert Bradley ❑ Individual XX Corporate Officer Title(A: Vice President ❑ Partner — ❑ Limited ❑ General • Attorney -in -Fact • Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: All American Asphalt RIGHT THUMBPRINT OF SIGNER Signer's Name: J ■ In Number of Pages: 2 Individual Corporate Officer T)tle(s): Partner —❑ Limited ❑ General Attorney -in -Fact Trustee Guardian or Conservator Other: Signer Is Representing: RIGHT THUfdePRINT OF SIGNER 01995 National Notary Association •9236 Remnet Ave., P.O. Box 7184 • Canoga Perk, CA 91309-7180 Prod. No. 5907 Reorder: Call Tcl4Free 1.900876-6927 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of ORME On 5 -27 -04 before me BARBARA J. BOWER of Ilsnw WW M doeka (dF. -.Ins oss. Ndry ftW7 personally appeared OWffii M. BROWN M-owdap -(y PY-NYy Sam Non XXXM personally known to me to be the person(o whose mm") tWM subscribed to the within instrument and acknowledged to me that he/abognexecuted the same in hisrAlganift audwrized capacity, and that by hieftKi0t signature(g) on the Instrument the personod. or the entity upon behalf of which the persona actiad)3cearted the instrument. OP770MAL n,ough do Ntmaml Debw Is not roquead M IBN; +maYprom valVable to persom ras rly m the d=mranl end corldp mvwd kauduW r nwW and mallwh7mg of Ors tam b awUw dowment Description of Attached Document Title or Type of Document PFRFnRMANCR BOND NO, 087 27 498 Document Date: 5 -27 -04 Signer(s) Other Than Named Move: Capacity(ies) Claimed by Signer Sgrmes Name: OWEN M. BR( ❑ Individual ❑ Corporate Officer - Ttlle(s): ❑ Partner —❑ Limited ❑ General XRX Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other. Signer Is Representing: Numberof Pages: TWO (2 ) ALL AMERICAN ASPHALT 019W•00m01 NaYryMaibn.tl000• IIa PA.I 21EQ -chY Mo ft WNftC TaFfl•• 1lOOd/6COt1 • 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK LaVonne M. Harkless, MMC January 5, 2005 All American Asphalt P.O. Box 2229 Corona, CA 92878 -2229 Subject: Jamboree Road Rehabilitation from Ford Road to Bison Ave. (C -3625) To Whom It May Concern: On November 23, 2004, the City Council of Newport Beach accepted the work of the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 35 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code, and to release the Faithful Performance Bond one year after Council acceptance. The Notice of Completion was recorded by the Orange County Recorder on December 1, 2004, Reference No. 2004001065999. The Surety for the contract is Fidelity and Deposit Company of Maryland, and the bond number is 087 27 498. Enclosed is the Labor & Materials Payment Bond. Sincerely, 6 4Uel� y� , 7'' q� � !i/� LaVonne M. Harkless, MMC City Clerk cc: Public Works Department R. Gunther, P.E. encl. 3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, California 92658 -8915 Telephone: (949) 644 -3005 - Fax: (949) 644 -3039 • www.city.newport- beach.ca.us EXECUTED IN FOUR (4 ORTS • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT JAMBOREE ROAD REHABILITATION FROM FORD ROAD TO BISON AVENUE CONTRACT NO. 3625 BONDNO. 087 27 49B LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City Council of the City of Newport Beach, State of California. by motion adopted, has awarded to Name of Contractor, hereinafter designated as the "Principal," a contract for construction of JAMBOREE ROAD REHABILITATION FROM FORD ROAD TO BISON AVENUE, Contract No. 36251In 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. 3625 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, FIDELITY AND DEPOSIT COMPANY OF MARYLAND duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety") are held firmly bound unto the City of Newport Beach, in the sum of (INSERT CONTRACT DOLLAR AMOUNT) lawful money of the United States of America, said sum being equal to 100% of the * **SEE estimated amount payable by the City of Newport Beach under the terms of the Contract; for BELOW 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. ** *BOND AMOUNT: SEVEN HUNDRED THIRTY THREE THOUSANI?, SEVEN HUNDRED THIRTY THREE & NO /100ths ($733,733.00) DOLLARS 26 0 0 The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 3181 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 3247 at seq. of the Civil Code of the State of California, And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the work or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the, death of any such principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the 27th day of MAY 2004. ALL AMERICAN ASPHALT Name of Contractor (Principal) Authorized Slgnatura�b��]eY Presdt FIDELITY AND DEPOSIT COMPANY Name of Surety OF MARYLAND 801 NORTH BRAND BLVD, PENTHOUSE SUITE GT.RNnAT.R . rA _ q1 ?Q3 Address of Surety SURETY: 818 - 409 -2800 AGENT: 714 - 935 -1112 Telephone Agent OWEN M. BROWN, ATTORNEY -IN -FACT Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 27 CALIFORNIA ALL- PURP"9 ACKNOWLEDGMENT • State of California County of Riverside On 5 -28 -04 before me, Debbie A. Matsen, Notary Public Data Name and Title of Officer (e.g., 'Jan. Doe, Notary Public') personally appeared Robert Bradley Name A of Signer personally known to me - - o be the person( whose name($) is /ace subscribed to the within instrument and acknowledged to me that he /she4ey executed the same in his /ho4ttae4 authorized capacity(.ies), and that by his /4er12hoif6signatureV) on the instrument the person(, OF A. 1111111111M or the entity upon behalf of which the person() acted, Com illi"014MM executed the instrument. "day ltipc - Ca/orMet 0- R-1- - - - o� WITNESS my hand and official seal. Bp��NolrZl. Signature of 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. Description of Attached Document Title or Type of Document: Labor and Materials Payment Bond, City of Newport Document Date: 5 -27 -04 Number of Pages: 2 Signer(A Other Than Named Above: Owen M. Brown Capacity(4es) Claimed by Signer(4 Signer's Name: Robert Brad ❑ Individual fCXCorporate Officer TtleV): Vice President ❑ Partner - ❑ Limited ❑ General ❑ Attorney -in -Fact n Tri IstAA ❑ Guardian or Conservator ❑ Other: Signer Is Representing All American Asphalt RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer's Name: ❑ Individual ❑ Corporate Officer i Title(s): Partner - ❑ Limited Attorney -in -Fact Trustee ❑ General Guardian or Conservator Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER C 1995 National Notary Association • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309 -7184 Prod. No. 5907 Reorder: Call Toil -Free 1- 800 -876 -6827 Ll CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of ORANGE I SS. On 5 -27 -04 before me, BARBARA J. BENDER Deb aenr andn%ao%r(.a -ANe DoMra yPIA@) personally appeared OWEN M. BROWN nWet.f a sy a r :f ,fir• .. Ru Nowy sea yea. 0= personally to be the person(io whose name(k) ism subscribed to the within instrument and acknowledged to me that heISMOWexecuted the same in hisftgabeLr authorized capacity0ea and that by his/t signature(sk on the instrument the person(o, or the efa(ity upon behalf of which the persona act )executed the instrument. hand OPTIONAL mourn fie 4dormedar below Is not reguired by raw, It may prom vatuable to pennons retying on the doaunenr and could prevent rraudrdent removal and manacn»Nmr of rto s corm to ano0w document. Description of Attached Document • Ti0e or Type of Document- PAVMFNT nmmn tan_ r187 27 498 Document Date: 5 -27 -04 Number of Pages: TWO (2 ) Signer e: s) Other Than Named Abov AMERICAN ASPHALT Capacity(ies) Claimed by Signer Signers Name: OWEN M. BROWN ❑ individual TOP ❑ Corporate Officer— Tftle(s): O Partner — ❑ Limited ❑ General 71KC Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other. Signer Is Representing: FIDELITY AND DEPOSIT COMPANY OF MARYLAND ( 01MNaM No" M De Soro An., P.O. B 240]•dumxaM, CA 91813- W- w.m.nag"n leryme Pne. NO.M ftw '.. L SZURICH THIS IMPORTANT DISCLOSURE NOTICE IS PART OF YOUR BOND Fidelity and Deposit Company of Maryland, Colonial American Casualty and Surety Company, Zurich American Insurance Company, and American Guarantee and Liability Insurance Company are making the following informational disclosures in compliance with The Terrorism Risk Insurance Act of 2002. No action is required on your part. Disclosure of Terrorism Premium The premium charge for risk of loss resulting from acts of terrorism (as defined in the Act) under this bond is $ waived_. This amount is reflected in the total premium for this bond. Disclosure of Availability of Coverage for Terrorism Losses As required by the Terrorism Risk Insurance Act of 2002, we have made available to you coverage for losses resulting from acts of terrorism (as defined in the Act) with terms, amounts, and limitations that do not differ materially as those for losses arising from events other than acts of terrorism. Disclosure of Federal Share of Insurance Company's Terrorism Losses The Terrorism Risk Insurance Act of 2002 establishes a mechanism by which the United States government will share in insurance company losses resulting from acts of terrorism (as defined in the Act) after a insurance company has paid losses in excess of an annual aggregate deductible. For 2002, the insurance company deductible is 1% of direct earned premium in the prior year; for 2003, 7% of direct earned premium in the prior year; for 2004, 10% of direct earned premium in the prior year; and for 2005, 15% of direct earned premium in the prior year. The federal share of an insurance company's losses above its deductible is 90 %. In the event the United States government participates in losses, the United States government may direct insurance companies to collect a terrorism surcharge from policyholders. The Act does not currently provide for insurance industry or United States government participation in terrorism losses that exceed $100 billion in any one calendar year. Definition of Act of Terrorism The Terrorism Risk Insurance Act defines "act of terrorism" as any act that is certified by the Secretary of the Treasury, in concurrence with the Secretary of State and the Attorney General of the United States: 1. to be an act of terrorism; 2. to be a violent act or an act that is dangerous to human life, property or infrastructure; 3. to have resulted in damage within the United States, or outside of the United States in the case of an air carrier (as defined in section 40102 of title 49, United 17 States Code) or a United States flag vessel (or a vessel based principally in the United States, on which United States income tax is paid and whose insurance coverage is subject to regulation in the United States), or the premises of a United States mission; and 4. to have been committed by an individual or individuals acting on behalf of any foreign person or foreign interest as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. But, no act shall be certified by the Secretary as an act of terrorism if the act is committed as part of the course of a war declared by Congress (except for workers' compensation) or property and casualty insurance losses resulting from the act, in the aggregate, do not exceed $5,000,000. These disclosures are informational only and do not modify your bond or affect your rights under the bond. Copyright Zurich American Insurance Company 2003 9 Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by M. P. HA.MMOND, Vice President, and L. L. GOUCHER, Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By -Laws of said Company, w set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof do(s &y Ytnate, constitute and appoint Owen M. BROWN, of Anaheim, California, its true and law to make, execute, seal and deliver, for,, and on its behalf as surety, and as its act and otykli�Ei ' " ngs and the execution of such bonds or undertakings in pursuance of these n }' as b4oip� ompany, as fully and amply, to all intents and purposes, as if they had beett�y daG�,Ivt�,�,�k4i6} tlfe regularly elected officers of the Company at its office in Baltim� "j " Uistl' ow R�nss T' s power of attorney revokes that issued on behalf of Owen M. BROWN.-dat<51 MIX. The said Assistant SEc?etar�oe ctdfyfhat the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By -4 �� *(IC "Many, and is now in force. IN WITNESS WFT)SREOF, the said Vice - President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 11th day of February, A.D. 2003. ATTEST: rJ„�Oiv � c o 4 State of Maryland ss: City of Baltimore FIDELITY AND DEPOSIT COMPANY OF MARYLAND (/ I`/ d " BV: L. L. Goucher Assistant Secretary M. P. Hammond Vice President On this 11th day of February, A.D. 2003, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came M. P. HAMMOND, Vice President, and L. L. GOUCHER, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. Sandra Lynn Mooney Notary Public My Commission Expires: January 1, 2004 POA -F 012 -4160 EXTRACT FROM BY -LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice - President, or any of the Senior Vice - Presidents or Vice - Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice - Presidents, Assistant Vice - Presidents and Attorneys -in -Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,...and to affix the seal of the Company thereto." CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that the Vice - President who executed the said Power of Attorney was one of the additional Vice - Presidents specially authorized by the Board of Directors to appoint any Attorney -in -Fact as provided in Article VI, Section 2, of the By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice - President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this 27th day of May 2004 is XJ Assistant Secretary r � Recorded in Official Records, Orange County Tom Daly, Clerk- Recorder RECORDING REQUESTED BY AND NO FEE WHEN RECORDED RETURN TO: 2004001065999 09:03am 12101104 City Clerk »� s2 N12 t City of Newport Beach o.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 3300 Newport Boulevard Newport Beach, CA 92663 Exempt from recording fees I l _- pursuant to Government Code Section 6103" L'- i NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and All American Asphalt, of Corona, California, as Contractor, entered into a Contract on June 8, 2004. Said Contract set forth certain improvements, as follows: Jamboree Road Street Rehabilitation - Ford Road to Bison Avenue (C -3625) Work on said Contract was completed on October 31. 2004, and was found to be acceptable on November 23. 2004, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Fidelity and Deposit Company of Maryland. VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. — - r Executed on _ %Q d �"y. d at Newport Beach, California. BY n // City Clerk %0 N JW �m O� tAJ c �,- �'° - O c.7 j ^•� �Y jL 0 VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. — - r Executed on _ %Q d �"y. d at Newport Beach, California. BY n // City Clerk C_3eaS • CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 10 November 23, 2004 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department R.Gunther, P.E. 949 - 644 -3311 rgunther @city. newport- beach.ca.us SUBJECT: JAMBOREE ROAD STREET REHABILITATION BISON AVENUE — COMPLETION AND ACCEPTANCE OF CONTRACT NO. 3625 RECOMMENDATIONS: 1. Accept the work. . 2. Authorize the City Clerk to file a Notice of Completion. 3. Authorize the City Clerk to release the Labor and Materials bond 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code. 4. Release the Faithful Performance Bond one year after Council acceptance. DISCUSSION: On June 8, 2004, the City Council authorized the award of Jamboree Road Street Rehabilitation — Ford Road to Bison Avenue contract to All American Asphalt. The work consisted of replacement of portions of concrete curb and gutter, construction of storm drain and inlets and the grinding and placement of a new rubberized asphalt surface, as well as portions of stamped concrete median edges and landscaping. 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: $733,733.00 Actual amount of bid items constructed: 678,538.15 Total amount of change orders: 21,882.73 • Final contract cost: $700,420.88 SUBJECT: Jamboree Road S ehabilitation — Ford Road to Bison Avenue - Comp and Acceptance of Contract No. 3625 November 23, 2004 Page 2 The decrease in the amount of actual bid items constructed under the original bid amount resulted from a decrease in the amount of leveling course and curb and gutter required. The final overall construction cost including change orders was 4.54 percent under the original bid amount. Two change orders in the amount of $21,882.73 provided for 1,433 square feet of sidewalk reconstruction and two additional programmable message boards and arrow boards for improved traffic control. Environmental Review: This project was determined to be exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15302 of the CEQA Implementing Guidelines. This exemption covers the maintenance and alteration of existing public facilities with negligible expansion of the facilities in areas that are not environmentally sensitive. The project involved removal and resurfacing of existing asphalt concrete roadway. Funding Availability: Funds for the project were expended from the following accounts: Account Description Account Number Amount OCCTFP 7281- C5100714 $700,420.88 The original contract completion date was September 15, 2004. The road was paved by September 3, prior to the start of the high schools fall classes. All work was substantially complete by September 27, 2004, except the landscape punch list which was completed on October 31, 2004. Prepared by: Submitted by: i R. Gunther, P.E. jSte,,pp en G. Badum Construction Engineer ,z;Gblic Works Director 0 • 0 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK LaVonne M. Harkless, MMC November 24, 2004 Orange County Recorder P. O. Box 238 Santa Ana, CA 92702 RE: Notice of Completion (C -3625) Notice of Completion (C -3634) Notice of Completion (C -3678) Please record the enclosed documents (3) and return them to the City Clerk's Office. Thank you. Sincerely, FIVERMIMPM LaVonne M. Harkless, MMC City Clerk 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 • 4 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Exempt from recording ees pursuant to Govemment Code Section 6103" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and All American Asphalt, of Corona, California, as Contractor, entered into a Contract on June 8 2004. Said Contract set forth certain improvements, as follows: Jamboree Road Street Rehabilitation - Ford Road to Bison Avenue (C -3625) Work on said Contract was completed on October 31, 2004, and was found to be acceptable on November 23. 2004, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Fidelity and Deposit Company of Maryland. VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. f Executed on roc"-be' at Newport Beach, California. BY� City Clerk CITY OF NEWPORT BEAC CITY CLERK NOTICE INVITING BIDS Sealed bids may be received at the office of the City Clerk, 3300 Newport Boulevard, Newport Beach, CA 92663 until 2:00 p.m. on the 26th day of May 2004, at which time such bids shall be opened and read for JAMBOREE ROAD REHABILITATION FROM FORD ROAD TO BISON AVENUE Title of Project Contract No. 3625 $1,200,000 _ Engineer's Estimate �-"/FOR'1� by Stephen G. Badum , Public Works Director �e s� c� erg e� ;� G\ti �;5lrege QJ� Prospective bidders may obtain one set of bid documents for $25 at the office of the Public Works Department, 3300 Newport Boulevard, Newport Beach, CA 92663 General "A" Contractor License required for this project For further information, call Michael J. Sinacori. Proiect Manager at (949) 644 -3342 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT JAMBOREE ROAD REHABILITATION FROM FORD ROAD TO BISON AVENUE CONTRACT NO. 3625 TABLE OF CONTENTS NOTICE INVITING BIDS .......................................................... ............................... Cover INSTRUCTIONS TO BIDDERS ........................................................ ..............................3 BIDDER'S BOND ............................................................................... ..............................5 DESIGNATION OF SUBCONTRACTOR( S) ...................................... ..............................6 TECHNICAL ABILITY AND EXPERIENCE REFERENCES .............. ..............................7 NON - COLLUSION AFFIDAVIT ......................................................... .............................11 DESIGNATION OF SURETIES ........................................................ .............................12 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL.. 13 ACKNOWLEDGEMENT OF ADDENDA ........................................... .............................15 INFORMATON REQUIRED OF BIDDER ......................................... .............................16 NOTICE TO SUCCESSFUL BIDDER .............................................. .............................19 CONTRACT..................................................................................... .............................20 LABOR AND MATERIALS BOND .................................................... .............................26 FAITHFUL PERFORMANCE BOND ................................................ .............................28 PROPOSAL................................................................................ ............................... PR -1 SPECIAL PROVISIONS ................................................................. ...........................SP -1 3 0 • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT JAMBOREE ROAD REHABILITATION FROM FORD ROAD TO BISON AVENUE CONTRACT NO. 3625 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 cashier's check (sum not less than 10 percent of the total bid price) may be received in lieu of the BIDDER'S BOND. The title of the project and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. 3. The City of Newport Beach will not permit a substitute format for the Contract Documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. 4. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. The successful bidder's security shall be held until the Contract is executed. 5. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of total bid prices. 6. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of discrepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. 7. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at the request and expense of the Contractor, securities shall be permitted in substitution of money withheld by the City to ensure performance under the contract. The securities shall be deposited in a state or federal chartered bank in California, as the escrow agent. 8. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available 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). Please note, The Davis -Bacon Wage determinations are available at Federal Wage website: www.qpo.gov/davisbacon 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. #2taam3 A. c-,a Contractor's License No. & Classification .� ' Authorized Signature/Title +—DmJIt�, Yice9rLa_�Jen't' Nil a51 Anc2y Date I 1 BOND NO. 085 97 4210 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT JAMBOREE ROAD R ABILITATION FROM FORD ROOD TO BISON AME.(J a CONTRACT NQ. 3¢25 llr_; :• We, the undersigned Principal and Surety, our successors and assigns, executors, heirs and administrators, agree to be jointly and severally held and firmly bound to the City of Newport Beach, a charter city, in the principal sum of TEN PERCENT OF TOTAL BID PRICE IN----- - - - - -- Dollars (S 10% of Bid ), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of JAMBOREE ROAD REHABILITATION FROM FORD ROAD TO BISON AVENUE, Contract No. 3625 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 Bond as an individual, It Is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. Witness our hands this 20th day of May , 2004. ALL AMERICAN ASPHALT Name of Contractor (Principal) FIDELITY AND DEPOSIT COMPANY OF MARYL) Name of Surety 801 NORTH BRAND BLVD GLENDALE,CA. 91203 Address of Surety SURETY: 818- 409 -2800 AGENT: 714- 935 -1112 Telephone OWEN M. BROWN ATTORNEY -IN -FACT Print Name and Title (Notary acknowledgment of Principal & Surety must be attached) BID DATE: MAY 26, 2004 c. �elteSrr .mom Wm •neoa:n a sx;: wav SEARCH 6an:un4enynnce `GO More Search Options -.wrc�a �.i. •`ESn Fmd om rm rn:y� .Accessing the pages on ambestuarr constitutes the user's agreement to our terms of use; Information collected ha this Web site is protected by our ip vacv statement Comments or concerns should he Member of Zurich Financial Services Group A.M. Best*: 00387 NAIC 0: 39308 View a list of group members or the group's rating n.+ Best's Rating g A (Excellent)* a Financial Size Category XV ($2 billion or more) "Ratings as of 05126/2004 04:15:47 PM E.S.T. Rating Category (Excellent): Assigned to companies At ha.'9, 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 © 2004 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 stored in a database or retneaal system, without the prior written permission of the A.M. Best Company. Refer to our terms of use for additional details. CALIFORNIA ALL -PURPIA ACKNOWLEDGMENT State of Cali E'nrn q County of On 5-as-194 before me, Ibhbir R. f/In Fs ryt �V� �bl iz- Date Name antl Tille of 0 icer (e.g., "Jan Doe. Notary Public') personally appeared Rnberr Na I e }t me of Slgner(�o personally known to me - - to be the personA whose nal is /i subscribed to the within instrument and acknowledged to me that heA&he44@y executed the same in his /kteF/ I;e4 authorized capacity(aes), and that by hisl4ciatbeit signature(,) on the instrument the persol AL Ill or the entity upon behalf of which the person(,S) acted, Corr11rtlubn IF 146209 executed the instrument. fool hmc - cc Valli RI kll Nov COMM i 22, WITNESS my hand and official seal. IIM l�sls Signature of Notary Publlc OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Cji dri er'S it Document Date: 5-aoU -o �t Number of Pages: d,.5 Signer( Other Than Named Above: QCi )i9A &6ti2 Capacity(ies) Claimed by Signl Signer's Name: illw �L� ❑ Individual Corporate 0 icer Ttl -1 -1 Tice CC PrL% d.6n E Partner — ❑ Limited ❑ General ❑ Attorney -in -Fact C Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Signer's Name: ❑ Individual ❑ Corporate Officer Title(s): C Partner — ❑ Limited ❑ General Attorney -in -Fact Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER 0 1995 National Notary Association, 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309 -7184 Prod, No. 5907 Reorder: Call Toll -Free 1- 800 -876 -6827 0 • •- CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of ORANGE T as. On 5 -20 -04 bed me BARBARA J. BMWER n.n..a rr. a oaar tw. •y-- oo. !aen nlase� personally appeared OWM M. BROWN twM- )asgn.tq .mom• ZS ` rrer ns.r s" 1W - N`NrPp c'r h,al ( ►i /al•I:�rc .:'�a�r ury p:•yr� •sai..a� :v to be the person( Whose name) iska subscribed to the within instrument and acknowledged to me that he/t MV=executed the same in hfsl)00obeW authorized capacityroW, and that by his/lrXKRj0& signature(91 on the Instrument the person(*, or the entity upon behalf of which the personka acted,,ftecuted the instrument. ' OPTIONAL 7600pn do sabnnaaon oasw Is not ragrdw -er&: if may prow Vota M a rraraons reymp on VW d=ftwrd and mm movsd aaudrdsw mnoval arM maftwm w or airs ram to snoasrr abarnwt Description of Attached Title or Type of Document - Document Date: 5 -20 -04 Number of Pages: Er Signer(s) Other Than Named Above: ALL AMERIM ASPHALT Capacity(iss) Claimed by Signer Signer's Name: CRIEN M. HROWN O Individual • Corporate Officer—, Tdle(s): • Partner —O Limited O General XKI(Aaomey In Fad O Trustee O Guardian or Conservator O Other. Signer Is Representing: 0 IMNYbuI Naw/ApOtlrren•p00 ar a14Arp. P.O. 9 240'ChBN,0101, CAr111"AM -w JWAmuFMq,*p N" No. 000! IY _GY%WP. 1�mW7 SZURICH THIS IMPORTANT DISCLOSURE NOTICE IS PART OF YOUR BOND Fidelity and Deposit Company of Maryland, Colonial American Casualty and Surety Company, Zurich American Insurance Company, and American Guarantee and Liability Insurance Company are making the following informational disclosures in compliance with The Terrorism Risk Insurance Act of 2002. No action is required on your part. Disclosure of Terrorism Premium The premium charge for risk of loss resulting from acts of terrorism (as defined in the Act) under this bond is $_waived_. This amount is reflected in the total premium for this bond. Disclosure of Availability of Coverage for Terrorism Losses As required by the Terrorism Risk Insurance Act of 2002, we have made available to you coverage for losses resulting from acts of terrorism (as defined in the Act) with terms, amounts, and limitations that do not differ materially as those for losses arising from events other than acts of terrorism. Disclosure of Federal Share of Insurance Company's Terrorism Losses The Terrorism Risk Insurance Act of 2002 establishes a mechanism by which the United States government will share in insurance company losses resulting from acts of terrorism (as defined in the Act) after a insurance company has paid losses in excess of an annual aggregate deductible. For 2002, the insurance company deductible is I% of direct earned premium in the prior year; for 2003, 7% of direct earned premium in the prior year; for 2004, 10% of direct earned premium in the prior year; and for 2005, 15% of direct earned premium in the prior year. The federal share of an insurance company's losses above its deductible is 90 %. In the event the United States government participates in losses, the United States government may direct insurance companies to collect a terrorism surcharge from policyholders. The Act does not currently provide for insurance industry or United States government participation in terrorism losses that exceed $100 billion in any one calendar year. Definition of Act of Terrorism The Terrorism Risk Insurance Act defines "act of terrorism" as any act that is certified by the Secretary of the Treasury, in concurrence with the Secretary of State and the Attorney General of the United States: 1. to be an act of terrorism; 2. to be a violent act or an act that is dangerous to human life, property or infrastructure; 3. to have resulted in damage within the United States, or outside of the United States in the case of an air carrier (as defined in section 40102 of title 49, United 17 States Code) or a United States flag vessel (or a vessel based principally in the United States, on which United States income tax is paid and whose insurance coverage is subject to regulation in the United States), or the premises of a United States mission; and 4. to have been committed by an individual or individuals acting on behalf of any foreign person or foreign interest as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. But, no act shall be certified by the Secretary as an act of terrorism if the act is committed as part of the course of a war declared by Congress (except for workers' compensation) or property and casualty insurance losses resulting from the act, in the aggregate, do not exceed $5,000,000. These disclosures are informational only and do not modify your bond or affect your rights under the bond. Copyright Zurich American Insurance Company 2003 0 0 Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by M. P. HAMMOND, Vice President, and L. L. GOUCHER, Assistant Secretary, in pursuance of authority granted by Article Vl, Section 2, of the By -Laws of said Company, w }�- set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof does i�, 'Hate, constitute and � , appoint Owen M. BROWN, of Anaheim, California, its true and lawfNIImey- p , to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and J /soh V(4 a4 -hotltl{ (��ngs and the execution of such bonds or undertakings in pursuance of these g p 3�}t4 as b�rldip glo ompany, as fully and amply, to all intents and purposes, as if they had been�jv 7ev ir a�knafv'$� t))� -the regularly elected officers of the Company at its office in Bahim '1111 Uitgi7 own, Plus power of attorney revokes that issued on behalf of Owen M. BROWN d&4 o_, 1991. The said Assistant $-t! -c 0 h�r fyi. ttifq hat the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By -La uc} C�`tdanv. and is now in force. IN WITNESS WHEREOF, the said Vice - President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 11th day of February, A.D. 2003. ATTEST: State of Maryland SS: City of Baltimore FIDELITY AND DEPOSIT COMPANY OF MARYLAND L. L. Goucher Assistant Secretary M. P. Hammond Vice President On this 11th day of February, A.D. 2003, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came M. P. HAMMOND, Vice President, and L. L. GOUCHER, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. PR Sandra Lvnn Moonev Nolan, Public My Commission Expires: January 1, 2004 POA -F 012 -4160 �J EXTRACT FROM BY -LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice - President, or any of the Senior Vice - Presidents or Vice- Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice - Presidents, Assistant Vice - Presidents and Attorneys -in -Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking. recognizances, stipulations. policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,... and to affix the seal of the Company thereto." CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate: and 1 do further certify that the Vice - President who executed the said Power of Attorney was one of the additional Vice - Presidents specially authorized by the Board of Directors to appoint any Attorney -in -Fact as provided in Article VI, Section 2, of the By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the IOth day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsinule or mechanically reproduced signature of any Vice- President, Secretary, or Assistant Secretary of the Company. whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this 20th day of May 2004 Assistant Serrcram EXTRACT FROM BY -LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI. Section 2. The Chairman of the Board, or the President, or any Executive Vice- President, or any of the Senior Vice - Presidents or Vice - Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice - Presidents, Assistant Vice - Presidents and Attorneys -in -Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,... and to affix the seal of the Company thereto." CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that the Vice - President who executed the said Power of Attorney was one of the additional Vice - Presidents specially authorized by the Board of Directors to appoint any Attorney -in -Fact as provided in Article VI, Section 2, of the By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice - President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this 20th day of fAay 2004 Assistant Secretary • • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT JAMBOREE ROAD REHABILITATION FROM FORD ROAD TO BISON AVENUE CONTRACT NO. 3625 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: Address: i1t1 R°Vee sr. $ a� "o t+- iv Le Phone(114) SC-6 S-6S3 State License Number: 40 9c`t Name: CU r�.jz Gc �v i S Erep i�q S frr c Address: N. V xl e%r 2 s- t�ro..�.� eCGh, Phone: [t k1 63q -K S S o State License Number: 34 bo T $— Name: 64� �_Gc,-A.. f��Fesc c a� Ewa z�r11� leoPS °�� Address: k3iti tot «4z -1 r4,x� � � i Phone{ EJ6) Yi a -8d Sf3 �'i State License Number: 3q 3q o:zr Md AuVh6rizecl Signature/Title s Roo+ f)wtell, V ice Pfe ideA+ 0 a c h w e iz e( C �awre c Hiq Ve)en S:•� ,Ilyt.o...� C4 C--7(41) -�- r(Ee S" R� 4�-EE- t:t,-13 :2,670/G 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT JAMBOREE ROAD REHABILITATION FROM FORD ROAD TO BISON AVENUE CONTRACT NO. 3625 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this form!!! Please print or type. Bidders P11 :I • e....., 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 $15,000, provide the following information: No. 1 Project Name /Number C) -()3 ()rnl "," ' 5- jr-&t+ r$ma4t5 Project Description 5+r2.err -L-y1 p!pytmen +s Approximate Construction Dates: From (n 11)3 To: ogjtL Agency Name L'(+q )-oc &lAuih Pgy46 Contact Person Ar ;ao Titnao Telephone (W6) 41w) -401.1 Original Contract Amount $3, 53,to5PO Final Contract Amount $ 35-3,1165.00 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 9 No. 2 Project Name /Number SkiervmaVier' A,rA4A&f i kee,+ Alb. ' 130 Project Description 5+re' - -rMProrem&t5 Approximate Construction Dates: From bgjrr3 To: io03 Agency Name C o { IJo✓t,�a11r, Contact Person R�wl,r _ ill ,n Telephone (54 q2,q -57a3 Original Contract Amount $Final Contract Amount $ 15co 6a -i.00 If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. No. 3 Project Name /Number (le✓ +ra rgn J6! Project Description 54ae+ -1mp0 —V'eM (t5 Approximate Construction Dates: From To: 19,1002) Agency Name O T 0-,t 666-q Contact Person ,�,t'I L-i sib Telephone oi4) 10'11 -4450 Original Contract Amount $kq3,4�!10Final Contract Amount $ (og3�4(p1o. °D 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 No. 4 r� C Project Name /Number _ (/l ctri�nsa S +rFe 1 Project Description SFr�Prr�remi rtS Approximate Construction Dates: From To: 1 UI(Z�i Agency Name G'+� t� F 3urloanl� Contact Person � 16 CliollivA Telephone(qt)q) 4a1e -588 Original Contract Amount $Final Contract Amount $__1,05a ov0 00 If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. No. 5 Project Name /Number f1r�h 81=1h 43 ;dAts G+ree4- Project Description Sfrev -t- �m eme✓ttS Approximate Construction Dates: From ov 10�_To: 1010,3 Agency Name Ci}� of „L'V,Q Zn6acin Contact Person Il&e 'f5rvinenh Telephone PHi) 4`1'7 -3511 Original Contract Amount $fly p°Final Contract Amount $ 1,149, Iy1,00 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 No. 6 Project Name /Number "7�L� Qoaa 3✓.4 &01A) n y1+prr\ Project Description ovlrae+ CMQrarp t Approximate Construction Dates: From oy IC?3 To: 10103 Agency Name CtW e-F 'zne Oc in+ Contact Person b,db G- h„o+tle Telephone 014) a%42 -35Oto Original Contract Amount pO Final Contract Amount $ 93�, 2Aa. ° 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. Set A ++-achea Past. Upon request, the Contractor shall attach a financial statement and other information sufficiently comprehensive to permit an appraisal of the Contractor's current financial conditions. :,u • . o� :..- 10 Authorized Signature/Title F006- - &xA leyl • 0 DOUG HARRINGTON P.O. BOX 2229 CORONA, CA 91718.2229 WORK HISTORY ALL AMERICAN ASPHALT, Corona; California Constrnetion Manager (September, 1996 to Present) • Supervise construction activities for general engineering contractor • Manage grading, concrete, and paving operations for both public and private work projects Paving Superintendent (1990 to September, 1996) • Managed all paving operations • Responsible for organizing personnel, equipment and materials for paving projects • Responsible for project acceptance • Handled customer inquiries and complaints Foreman (1988 to 1990) • Managed daily operations for grading; concrete, paving and public works projects • Responsible for quantity verification and contract changes PARROTT AND WRIGHT, Corona; California Foreman (1983 to 1988 ) • Managed daily operations for grading contractor INDUSTRIAL ASPHALT/HUNT AMC, Irwindale, California Operating Engineer (1977 to 1983) • Responsible for daily maintenance and operation of various heavy machinery ADDITIONAL INFORMATION Attended various educational classes relating to the construction industry including: Agtec Pointman Training (Non contact. sensor grade control) Asphalt Technology • • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT JAMBOREE ROAD REHABILITATION FROM FORD ROAD TO BISON AVENUE CONTRACT NO. 3625 NON - COLLUSION AFFIDAVIT State of California ) ) ss. County of�,r�9r5vii ) Rpha�r Enlakicii , being first duly sworn, deposes and says that heeFsh is Vitae President of 41 A Aeyirao fA4phet+ , the party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury of the laws of the State of California that the foregoing is true and correct. ' .A Authorized Signature/Title V�250ent Subscribed and sworn to before me this c2`4K day of (YIQ V 2004. [S AL] My Commission Expires: My-. 20, a oo-2 11 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT JAMBOREE ROAD REHABILITATION FROM FORD ROAD TO BISON AVENUE CONTRACT NO. 3625 DESIGNATION OF SURETIES Bidders Alk Arwiram a6pbnit 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): 0 natAne (-'1l 11 alouq -61tY) 935-Ill�i C%rykPr� 12 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT JAMBOREE ROAD REHABILITATION FROM FORD ROAD TO BISON AVENUE CONTRACT NO. 3625 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidders Name Ai(Ann,ey-imo. Prs.phil:t 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 Year of for for for for for Record 2003 2002 2001 2000 1999 Total 2004 No. of contracts 1142 I I ID II'bF lau lat-a 519 -)8 Total dollar Amount of Contracts (in Thousands of $ ) No. of fatalities No. of lost Workday Cases I l a No. of lost workday cases involving permanent transfer to another job or of I� 1-7 em to ment 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 Legal Business Name of Bidder All Arxe%eQu As phal+ Business Address: Q.D. p ill 1' rWal c�ya�i�8 -ad3q Business Tel. No.: Jeloq) State Contractor's License No. and Classification: sl# a161D 13 A. C (� Title Vice Drpsi ,JRn+ The above information was compiled from the records that are available to me at this time and I declare under penalty of perjury that the information is true and accurate within the limitations of those records. Signature of bidder Date' Title Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title If bidder is an individual, name and signature of individual must be provided, and, if he is doing business under a fictitious name, the fictitious name must be set forth. If bidder is a partnership or joint venture, legal name of partnership /joint venture must be provided, followed by signatures of all of the partners /joint ventures or of fewer than all of the partners /joint ventures if submitted with evidence of authority to act on behalf of the partnership /joint venture. If bidder is a corporation, legal name of corporation must be provided, followed by notarized signatures of the corporation President or Vice President or President and Secretary or Assistant Secretary, and the corporate seal. Signatures of partners, join venturers, or corporation officers must be acknowledged before a Notary Public, who must certify that such partners /joint venturers, or officers are known to him or her to be such, and, in the case of a corporation, that such corporation executed the instrument pursuant to its bylaws or a resolution of its Board of Directors. 14 CAUFORN1A ALL -PURPA ACKNOWLEDGMENT • State of C41 id� n( County of ,_ On _5 -a5-64 before me, d3hkoje /YI�t I�,tary PI�bIiL Date Name and Title of Otfier (e.g.. "Jane Doe, Notary Public ") personally appeared F&ber't- 6 Irti 4 cm�s �o5cas Name(s) of Signers) personally known to me - to be the person(s) whose name(s) fe/are subscribed to the within instrument and acknowledged to me that I,e'shA/they executed the same in4i44w /their authorized capacity(ies), and that by risfher /their signature(s) on the instrument the person(s), O A. MOM or the entity upon behalf of which the person(s) acted, C rdab on# 14525W executed the instrument. Nall Ai - Cafoniet ar"Oomfilill, WITNESS my hand and official seal. M 6pMr SignaNre of Notary Public OPTIONAL Though the information below is not required bylaw, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Ci�ira6tDr"tsTVIAU57yb ( sa� Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: edner 1l ❑ Individual R Corporate Officer Title(K__bL�e if1BSi�a�Y • Partner — = Limited D General • Attorney -in -Fact • Trustee • Guardian or Conservator f�_' Other: Top of thumb here Signer Is Representing: ° I 1A . °, Number of Pages: I. Signer's Name: -Th i z Tosco 5 ❑ Individual X Corporate Officer Title(X): SeC- IToeasureK ❑ Partner —D Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee • Guardian or Conservator • Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER ®1995 National Notary Association - 8236 Remmet Ave., P.O. Box 7184 - Canoga Park, CA 91309 -7184 Prod. No. 5907 Reorder: Call Toll -Free 1 -800 -876 -6827 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT JAMBOREE ROAD REHABILITATION FROM FORD ROAD TO BISON AVENUE CONTRACT NO. 3625 ACKNOWLEDGEMENT OF ADDENDA The bidder shall signify receipt of all Addenda here, if any, and attach executed copy of addenda to bid documents: Addendum No. Date Received Si ature -Alley 001 qwq- 15 i • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT JAMBOREE ROAD REHABILITATION FROM FORD ROAD TO BISON AVENUE CONTRACT NO. 3625 INFORMATION REQUIRED OF BIDDER Bidder certifies under penalty of perjury under the laws of the State of California that the following information is true and correct: Name of individual Contractor, Company or Corporation: All Amrrirav� s�hal+ Business Address: Q.U. pox abl�Pii PnrovaF G4 4a8�y- aaa9 Telephone and Fax Number: 0Dq) -)3r --7wrpn Fax Lg04) -M—W in I California State Contractor's License No. and Class: At dto -lo-13 A. A--i5 (REQUIRED AT TIME OF AWARD) Original Date Issued: I- Ig --I I Expiration Date: 1-31-61, List the name and title /position of the person(s) who inspected for your firm the site of the work proposed in these contract documents: Jrrru Ljo poue:�� Prrct Mnvr. e,-r The following are the names, titles, addresses, and phone numbers of all individuals, firm members, partners, joint ventures, and company or corporate officers having a principal interest in this proposal: Name Title Address Telephone S)avl �i fr PrESi ��n F I(�D Ec3�i $I GFh ^✓Freet ��orana /A i943)�3(o -?tc�o fhdm,g Ti�srayi �eC� re�t�t✓�✓ ti tt &lonrt Brnbley, YiceQ mA7[�yLU�Y.t V'I(e Pr'e�,laleVt.�' tt y Corporation organized under the laws of the State of e L', 4'nrn i _ 16 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; Have you ever had a contract terminated by the owner /agency? If so, explain. Have you ever failed to complete a project? If so, explain. For any projects you have been involved with in the last 5 years, did you have any claims or actions by any outside agency or individual for labor compliance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.) ?Yes /(9 Are any claims or actions unresolved or outstanding? Yes /(9 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. e i Mr A t Day, S afimor,e (Print name of Owner or President of Corporation/Company) Authorized Sure/Title ({oloe lbr ke it Yi(-f pre5idon -1- Title Date Subscribed and sworn to before me this a541\ day of _ Mci,/ _, 2004. [8EAL] 18 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT JAMBOREE ROAD REHABILITATION FROM FORD ROAD TO BISON AVENUE CONTRACT NO. 3625 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. 11] CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT JAMBOREE ROAD REHABILITATION FROM FORD ROAD TO BISON AVENUE CONTRACT NO. 3625 CONTRACT THIS AGREEMENT, entered into this _ day of , 2004, by and between the CITY OF NEWPORT BEACH, hereinafter "City," and All American Asphalt, hereinafter "Contractor," is made with reference to the following facts: WHEREAS, City has advertised for bids for the following described public work: JAMBOREE ROAD REHABILITATION FROM FORD ROAD TO BISON AVENUE Roadway reconstruction including mobilization, traffic control, construction notifications, survey services, curb and gutter, and roadway reconstruction, construct storm drain systems, and complete all other items of work as required for the project. Contract No. 3625 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. 3625, 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 Seven hundred thirty -three thousand, seven hundred thirty-three and 00/100 Dollars ($733,733.00). 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 Citv. 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 All American Asphalt P.O. Box 2229 Corona, CA 92878 -2229 909 - 736 -7600 909 - 739 -4671 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 9 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. 22 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 • • 6. Right to Stop Work for Non - Compliance City shall have the right to direct the Contractor to stop work under this Agreement and /or withhold any payment(s), which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements of this article. H. RESPONSIBILITY FOR DAMAGES OR INJURY City and all officers, employees and representatives thereof shall not be responsible in any manner: for any loss or damages that may happen to the Work or any part thereof; for any loss or damage to any of the materials or other things used or employed in performing the Work, for injury to or death of any person either workers or the public; or for damage to property from any cause arising from the construction of the work by Contractor, or its subcontractors, or its workers, or anyone employed by it. 2. Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to property resulting from defects, obstructions or from any cause arising from Contractor's work on the Project, or the work of any subcontractor or supplier selected by the Contractor. 3. Contractor shall indemnify, hold harmless, and defend City, its officers and employees from and against (1) any and all loss, damages, liability, claims, allegations of liability, suits, costs and expenses for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, property damages, or any other claims arising from any and all acts or omissions of Contractor, its employees, agents or subcontractors in the performance of services or work conducted or performed pursuant to this Contract; (2) use of improper materials in construction of the Work; or, (3) any and all claims asserted by Contractor's subcontractors or suppliers on the project, and shall include reasonable attorneys' fees and all other costs incurred in defending any such claim. Contractor shall not be required to indemnify City from the sole negligence or willful misconduct of City, its officers or employees. 4. To the extent authorized by law, as much of the money due Contractor under and by virtue of the Contract as shall be considered necessary by City may be retained by it until disposition has been made of such suits or claims for damages as aforesaid. 5. Nothing in this article, nor any other portion of the Contract Documents shall be construed as authorizing any award of attorneys' fees in any action to enforce the terms of this Contract, except to the extent provided for in H.3, above. 6. The rights and obligations set forth in this Article shall survive the termination of this Contract. I. 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. CONFLICT If there is a conflict between provisions of this Contract and any other Contract Document, the provisions of this Contract shall prevail. 24 K. WAIVER A waiver by City or any term, covenant, or condition in the Contract Documents shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the day and year first written above. CITY OF NEWPORT BEACH A Municipal Corporation r By: Mayor TO FORM: ALL AMERICAN ASPHALT By RNEY Fiuthorized Signature and Title ( obevt- &radleV, Y i r e Pre6jer)i' 25 CALIFORNIA ALL -PURPA ACKNOWLEDGMENT • State of California County of Riverside On 6 -1 -04 Date personally appeared before me, Debbie A. Matsen, Notary Public Name and Title of Officer (e.g., "Jane Doe. Notary Pub)ic ") Robert Brad personally known to me- to be the person(v whose name(,4 is /are subscribed to the within instrument and acknowledged to me that heFspelthey executed the same in his )herltheir authorized capacity{ie;), and that by his /+rerMie+r signatur54 on the instrument the person(s), At 1111111141111111111 or the entity upon behalf of which the personsA acted, COrnrHglalff 1452569 executed the Instrument. Nobs I'll - CarOnllts COQ WITNESS my hand and official seal. I%VMVCNMBOUNDV22&1 ja zte� go of 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. Description of Attached Document Title or Type of Document: Contract, City of Newport Beach Document Date: 6 -1 -04 Number of Pages: Page 25 Signer(s) Other Than Named Above: None. Capacity(ies) Claimed by SignerK Signer's Name: Robert Bradley Individual %X Corporate Officer Title( Vice President ❑ Partner — ❑ Limited ❑ General ❑ Attorney -in -Fact Trustee Guardian or Conservator El Other: Signer Is Representing: All American Asphalt RIGHT THUMBPRINT OF SIGNER Signer's Name: Individual Corporate Officer Title(s): Partner — L Limited ❑ General Attorney -in -Fact Trustee Guardian or Conservator Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER 0 1995 National Notary Association • 8236 Remmer Ave.. P.O. Box 7184 • Canoga Park, CA 91309 -7184 Prod, No. 5907 Reorder: Call Toll-Free 1- 800.876.6827 �cnIIFICATE: 19910011 02689 DATE (M IYY7 DI /04 DO 6/01/04 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Calco Ins Brokers & Agent ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Lie. No. OB29370 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 600 City Pkwy West, Ste. #500 COMPANIES AFFORDING COVERAGE Orange CA 92868 -2946 COMPANY (714) 937 -1824 A Westchester Surplus Lines Co INSURED COMPANY All American Asphalt B Hartford Fire Insurance Co. PO Box 2229 COMPANY Corona, CA 92878 -2229 C Great American Insurance Co COMPANY Eagle Pacific Insurance Co. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDINGANY REQUIREMENT, TERMOR CONDITION OF ANY CONTRACTOR OTHER DOCUMENTWITHRESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, CO j TYPE OF INSURANCE POLICY NUMBER LTR! POLICY EFFECTIVE POLICY EXPIRATION LIMITS DATE (MMMDIYY) DATE (MMIDDIYY) AI GENERAL LIABILITY GLW777017 8/01/03 8/01/04 '.GENERAL AGGREGATE S 2,000,000 X COMMERCIAL GENERAL LI ABILITY] ADDITIONAL TIONAL INSURED & 'PRCDUCTS- COMP /OP AGG S 2,000,000 CLAIMS MADE FX OCCUR PRIMARY WORDING APPLIES PERSONAL & ADV INJURY S 1,000,000 EACH OCCURRENCE ' S 1'. 000,000 OWNER'S & CONTRACTOR'S PROT ONLY IF REOUIRED BY FIRE DAMAGE (Any one lire) 50,000 S CONTRACT 'MED EXP (Any one person) S B AUTOMOBILE ^X LIABILITY 12UENGK5491 12 8/01103 8/01/04 COMBINED SINGLE LIMIT S !! ANY AUTO 1,000,000 (BODILY INJURY (Per person) �S I ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY S HIRED AUTOS NON -OWNED AUTOS i (Per accident) PROPERTY DAMAGE — !g 1 �,__� . GARAGELIABILITY AUTO ONLY EA ACCIDENT 4 ANY AUTO N/A OTHER THAN AUTO ONLY: EACH ACCIDENT S AGGREGATE S Cl EXCESS LIABILITY TUES950076 8/01/03 8/01104 EACH OCCURRENCE !S 10,000,000 iAGGREGATE S 10.000,000 ! UMBRELLA FORM 4 X OTHER THAN UMBRELLA FORM D• WORKERS COMPENSATION AND EMPLOVERB'LIABILITY 1SO312453 6/08103 5/08/04 X STATUTORY LIMITS EACH ACCIDENT Is 1,000,000 THE PROPRIETOR/ INCL PARTNERS /EXECUTIVE DISEASE POLICY LIMIT 1$ 71000,000 DISEASE EACH EMPLOYEE S 1.000,000 OFFICERS ARE: EXCLI OTHER N/A DESCRIPTION OF OPERATIONSILOCATIONSIVEHICLESISPECIAL ITEMS RE: Jamboree Road Rehabilitation from Ford Road to Bison Avenue Contract No. 3525 '10 days notice for nonpayment of premium 2axp /au7ap /wcw' so CERTIFICATEHOLDER _ _ _ _ CANCELI�ATICN , SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City of Newport Beach EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDBN{N)RDgtl(MXAR. Attn: Sauna Lyn Oyler 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, 3300 Newport Blvd. B) fODBN1KMN YXW!( XlWK78LWAMXi 'XMWAtMXWOW0IMK*n=UMXXXM) WKNO KWMXX Newport Beach, CA 92663 OFX) WXX =M)(X)BMAXRXIEI(1O1XWAMXXNXXI11 MW)QKKXXWA%N MWAMO X AUTHORIZED REPR98ENTATIVE :.., �xCced nRPUaa ti7x1.1sea'. �cnIIFICATE: 19910011 02689 0 POLICY NUMBER: GLW 777017 INSURED: All American Asphalt 0 COMMERCIAL GENERAL LIABILITY EFFECTIVE: 8/1103 ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person or Organization: The City of Newport Beach, its officers, agents, officials, employees, and volunteers PROJECT: Jamboree Road Rehabilitation from Ford Road to Bison Avenue, Contract No. 3625 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section ll) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. It is agreed that such insurance as afforded by this policy for the benefit of the additional insured shall be primary insurance as respects any claim, loss, liability arising directly or indirectly from the insureds operations and any other insurance maintained by the additional insured shall be noncontributory with the insurance provided hereunder. CG 20 10 11 85 ©Copyright, Insurance Services Office, Inc., 1984 endorse2mpd JUN *10 -2004 THU 0436 PM CALCO INSURANCE BROKERS FAX NO. 7146341328 P. 02 POLICY NUMBER: 72L11?NG1P,5491 K2 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NAMED PERSON(S) OR ORGANIZATION(S) AS INSURED This endorsement modifios insurance provided under the following: �WSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM TRUCKERS COVERAGE FORM Tilis endorsement changes the policy effective on the inception data of the policy unless anothor date is Indii:nlyd below. Narnrd f cison(s) or Organization(s): City of Newport Beach, its officers, agents, officials, employees, and volunteers Project: Jamboree Road Rehabilitation from Ford Road to Bison Avenue, Contract No. 3625 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations a . aptAcr ible in this ondorsement.) Each pomon or organization namod above Is an 'Insured" for LIABILITY COVERAGE, but only to tho extent that parson or organization qukillfles as an 'Insured" under the WHO IS AN INSURED provision of SECTION II - LlAW1,3W COVERAGE. It Is arlreed that such insurance as afforded by this policy for the benefit of the additional insured shall be pi imary insurance as respects any claim, loss, liability arising directly or indirectly from the insureds operations and any other insurance maintained by the additional insured shall be noncontributory with the insurance provided hereunder. Form HA 99 02 01 87 Printed in U.S.A. • CONMRRCIAL AUTO CA DO 01 i l SS BUSINESS AUTO COVERAGE FORM Various provisions In this policy resort average. Reed the entire Polley care"y � determine Agitta, dut(es and what is and is not covered. WOO Throughout this Polley the words "you" and "your' refer to the Named Insured shown in pedaratlone The "we", "us" and "our" refer to the Company providing this insumnes, al Mg. Rafer to SEC!nON V Other words and phrases that appear in quotation marks have ePs d mean DEFINITIONS. SECTION I . COVERED AUTOS re vera"fe ' that ITEM coeredautos"for each of our coverages. The fol(owing numerical symbols daorlbe the "autos" that may be covered "autos ". The symbols entered next to e coverage on the Deolarationa designate the Only "autos" that are covered "autos". A. DESCRIPTION OF COVERED AUTO DESIGNATION SYMBOLS SYMBOL DESCRIPTION I = ANY "AUTO ". 2 = OWNED "AUTOS" ONLY. Only those "autos" you own (and for LiabWty Coverage any "traitara" you don't own white attached to power units you own). This includes those "autos" you aoqulre ownership of attar the policy begins. 2 = OWNED PRIVATE PASSENGER "AUTOS" ONLY. Only the private passenger "autos" you own. This includes those private pawnger "autos" you acquire Ownership of after the Polley begins, 4 m OWNL0 "AUTOS" OTHER THAN PRIVATE PASSENGER "AUT08" ONLY. Only those "autos" you own that are not of the private Passenger type (and for Liability Coverage awry "traders" that you don't own while attached to Power units you own). This includes those "autos" not of the private passenger type YOU acquire ownership Of after the polloybegins. s ® OWNED "AUTOS" SUBJECT TO NO-FAULT. Only those "autos" you awn that are required to . hove NaFAult beneNts In the state where they Includeosthe., 'autes ouually garaged. This after the policy pe0lna acquire ided thrs i a required to have Nc.pauit banenue in the slats where they are Iioensad or principally garaged. 6 m OWNED AUTOS" BUt9li?Oi *To A MO'i'ORI use COMPULSORY LMiiNBU � � ba0anse LAW. Only those autos" you of the low in the SW arttars fty N hove � or Principally paregad ate rmquf anvera r4 Oannot foot Uninmuad MdtOW This Inciwes those "autos" you acquire awarshIP the t a6unpMsured they are motorists requtretnerd. 7 6PBCIF10A1.LY POSCRi800 "AUTO6". 171* those "atdoe" deaMbed in IT' M Thy Of 0 Dea"Mm tins Vim a, premmn dw" ohm (and for Ugft Cie AN "NaNtt,fe" u while stow to any t urh you lit roM HR°M. e MIRED "AUTOS" ONLY. Only those "aurae" you Vase, hire, rant or bonvw. This dnee cat include any "auto" you tease, hire; rand, or borrow from any of your employees of pertness or mambent of their hotisamide. e v NoNovm "AUTOS" ONLY. Only those "autos" you do not awn, tpaee, hire, rent Or brim that are heed In connection with your businam, This Modes "atltoa'r arced by your emplayses or partners or manbom Not itOUSehoids but only while used In your business or your personal affairs S. OWNED AUTOS YOU ACQUtRL AFM TffB POUCYBAGIN8 L If symbols t, 2, a, 4, 8 Or Il Oro 6nt0rad next to a average In ITEM TWO of the DocIaratlons, then you have ccvarapa rw "autos" that you acquire of the type described far the remainder or the Polley Period. CA oo of 92 98 COaVriaht .IOCI,rtiMaQenA.,..,,,..,�_ ,_, SECTION 11 • UASILITYCOVERAGE A. COVERAGE We will pay ail sums an 'Insured" legally must pay As damages because of "bodily Injury" or "property damage" to which this Insurance applies, caused by an "accident', and resulting from the Ownership, maintenance or use of a covered ■auto". We will also pay all suing an "Insured" legally must pay as a 110"rold pollution coat or expense" to which this Insurance applies, caused by an "sooldeni" and resufdn9 from the ownership, maintenance or usa of covered "autos ", tfowever, we will only PAY for the "covered olhdlon cost or expenss" if there is SIMar "hadlly injury" or than aeoeuc®q by Ehe sameC a 1o� Insurance applies We have tile dght and dUty to dafand any -insured" against a "sulfa asking for such damages or a "covered poJJurlon oust or expense ". ever, we "sun" no duty to defend any -insured" against a "pro arty damp a "tosses for "bodily hijuv or apply. W® may ° to which this insurance does not "soli" Y siderJgats 'Inc, settle any Ohalm or def ®ndaa" settle Ana hPPfOPdate, Our duty to Llmft of Insurance when the Liability Coverage ofJudgmOnft oree lerrr been exhausted by payment Page 2 or 11 1. WHO IS AN INSURED trio Ibliowng are "insureds". A. You for any covered "auto". b. Anyone else while using with Your permission a amared "auto" you own, hlra or borrow w. (1) Tiro owner or anyone alas Anm whom you hire or bow a oovtmd 'M"• This amepom dose not sp* if tlta covered "atdo" Is a 'Ut+Aee connected to a Covered "auto" you own. M Your ompbyee if the 4ovenid "m ito" Is awned by that employee or a member of hie arbor household. (e) Bomeane &qft a oovem "atail whoa he or she to vmd" In a businew of , n n�at,to �d p"autee" that DW Yours. (4) Anyone other than your employees, P44110m, a Itl9sse or borrow or any of their smployses, While moYhe plppstty to Or from S covered "auW, Copydoht Insurance services ofttos, 'no.. 1903 0, 4 on 4 ..... 2. But, if symbol 1 Is entered need to a coverage In 1. "TraAers" Wftlt a load CAP* Of 240 Paul s lase designed pAtilMly for till o ITEM TWO of the Declarations, an "auto" you or acquire will be a covered "auto" for that coverage If: roads, oenled or "Mobus equipment" while ! only 2. A.' We already cover all "autos" that you own towed by a covered "auto ". the for that coverage or It replaces an "auto" 3, Any "auto" you do not own while used with lamporary you previously owned that had that coverage; and permission Of lit comer es a substllUte for a covered "ate you am that Is b. You tell us within 30 days after you acquire aid of servlas betldase Of Ha: it that you went us to cover it for that a. Breskdcum; aoverage, b. Repair; C. CERTAIN TRAILERlSr MOBILE EQUIPMENT AND g, Servicing; SUBSTITUTE AUTOS If Liability Coverage la provided by this Coverage d. "Loss "1 or Form, the following types of vehicles are also a. Destruction covered "autos" for Liability Coverage: SECTION 11 • UASILITYCOVERAGE A. COVERAGE We will pay ail sums an 'Insured" legally must pay As damages because of "bodily Injury" or "property damage" to which this Insurance applies, caused by an "accident', and resulting from the Ownership, maintenance or use of a covered ■auto". We will also pay all suing an "Insured" legally must pay as a 110"rold pollution coat or expense" to which this Insurance applies, caused by an "sooldeni" and resufdn9 from the ownership, maintenance or usa of covered "autos ", tfowever, we will only PAY for the "covered olhdlon cost or expenss" if there is SIMar "hadlly injury" or than aeoeuc®q by Ehe sameC a 1o� Insurance applies We have tile dght and dUty to dafand any -insured" against a "sulfa asking for such damages or a "covered poJJurlon oust or expense ". ever, we "sun" no duty to defend any -insured" against a "pro arty damp a "tosses for "bodily hijuv or apply. W® may ° to which this insurance does not "soli" Y siderJgats 'Inc, settle any Ohalm or def ®ndaa" settle Ana hPPfOPdate, Our duty to Llmft of Insurance when the Liability Coverage ofJudgmOnft oree lerrr been exhausted by payment Page 2 or 11 1. WHO IS AN INSURED trio Ibliowng are "insureds". A. You for any covered "auto". b. Anyone else while using with Your permission a amared "auto" you own, hlra or borrow w. (1) Tiro owner or anyone alas Anm whom you hire or bow a oovtmd 'M"• This amepom dose not sp* if tlta covered "atdo" Is a 'Ut+Aee connected to a Covered "auto" you own. M Your ompbyee if the 4ovenid "m ito" Is awned by that employee or a member of hie arbor household. (e) Bomeane &qft a oovem "atail whoa he or she to vmd" In a businew of , n n�at,to �d p"autee" that DW Yours. (4) Anyone other than your employees, P44110m, a Itl9sse or borrow or any of their smployses, While moYhe plppstty to Or from S covered "auW, Copydoht Insurance services ofttos, 'no.. 1903 0, 4 on 4 ..... a the mlldmum amourita and (8) A partner of yours for a covered "auto" is1 Roof otw ectis such ee no- owned by him or her Of a member of his f Isd of 0*01040 vaitfdaa or her household, by the jurisdiction where the coveted o. Anyone Ifable for the conduct of an „ „ is being load, " Insured" ds aWbed above but only to the We ViII not pay WOW more bran onoe for extent of that liability. the Same elements Of ICao because of these 2. COVERAGE EXTENSIONS extanslons, a, supplementary payments, In addition to 9. EXCLUSIONS the Limit of insurance, we will pay far the This Inaufetice does not eP* to any of the Insured . fotlawtrt ®; (t) All expeneea we Incur. 1 following, -'FA OR t p90 INJURY (2) Up to $280 for cost of bail bonds ea axPtluated (inoluding bonds for misted traffic low �oddily Inj re of tit Op" dQ oftlta NnPWad violations) required because of an �7 "accident" we cover. We do not have aA 2, CONTRACTUAL to furnish these bonds. uablllty ammed under ally 000tra0t er (3) The cost of bonds to talons ageament. attachments fn any "sult' we defend, But this oweaton does Oat BOY to IlablItf 01 but only for bond amounts within our damages: Limit of insurance. a. Assumed in a c0tttrect Of agrsBment that fa (4) All reasonable expenses incurred by the an 'Insured eontrad" provided titer 4WHY insured at our request, including InJary" "Plof�+�' damage" owarra actual Ices time earning m to (. a day :fir subs woof to the WOW" of the oar ati because of time off from work. ww or sgttrameOt; or (6) an oasts taxed against the "insured" In b. That the "insured" iftll) hods Ili the any "suit" are defend. absence ofthe Dotd"orS019emstht. (s) All meat t an the. o amount of any 3 WORKERS, COMPEn4 11ON Judgment that aaotues attar entry of t{ta Judgment in any "suit" we detland, but Any obpgatton for whit the "hietOfJd"' or the our duty to pay interest ands when are "fno0red's" hl luw may be held own WNW any have paid, offered to pay or deposked workers' oomponesNon, dloabft be wit or in Court the pert of the Judgment that is unemployment oompanas on low or any sfmnar whin Our Urn It of Insurance• law, b. Oub.0f-stata Coventee astan,sions. 4. Ed1PLOYER INAEAd OCAIION AND Whlls a Covered "auto" k away from the EMPLOYER'S LIAII Lny state "hare It Is licensed we will: (1) Increase the Umtt of Insurance for semployes �' afthe Lfabltlty Cov ®rage to most the limits �r>a hW afWV 04t Of specified by a �mpuisaty or financial and in the 001IMe Of smploynW t by fits responsibility ire" of the or f in ncia =414 , of wham the Covered "auto" is being used, b' rho flhlfd This Bxtsnslon does not apply to the of that r �mM' 1110 r or al�f limit or limits specified anplayee as a aDifaetrpsnQe Of ®oveming motor oarriers o � any law Poll e. above. or property. psssangars CA 00 0112 83 Copy ,teht, Insurance servicaeQfliee Im.Isaa w. WORKERS COMPENSATION ANDMLOYERS LIABILITY INSURANCE PON WC 04 03 06 (Ed. 4 -84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT — CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from US.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 5% of the California workers' compensation premium otherwise due on such remuneration. Schedule Person or Organization Job Description WHERE REQUIRED BY WRITTEN CONTRACT, PROVIDED THE CONTRACT IS SIGNED AND DATED PRIOR TO THE DATE OF LOSS TO WHICH THIS WAIVER APPLIES. IN NO INSTANCE SHALL THE PROVISIONS AFFORDED BY THIS ENDORSEMENT BENEFIT ANY COMPANY OPERATING AIRCRAFT FOR HIRE. The City of Newport Beach, its officers, agents, officials, employees, and volunteers PROJECT: Jamboree Road Rehabilitation from Ford Road to Bison Avenue, Contract No. 3625 This endorsement changes the policy to which It Is attached and is effective on the date Issued unless otherwise stated. (The Information below is required only when this endorsement Is issued subsequent to preparation of the policy.) Endorsement Effective 6/8/03 Policy No. 1S0312463 Endorsement No. 6 Insured All American Asphalt (A Corp) Policy Effective Date 6/8/03 Insurance Company Eagle Pacific Insurance Company Countersigned By WC 04 03 06 (Ed. 4 -84) 91998 by the Workers' Compensation Insurance Rating Bureau of California. All rights reserved. maroe CompOnfea IMPORTANT NOTICE CONCERNING YOUR RIGHTS UNDER A CUT - THROUGH AGREEMENT NATIONAL INDEMNITY COMPANY Insurance Policy (the "Polley") to which this notice applies: I"surer (the "Company"): Eagle Pacifle Insurance Company Policy inception Date: 08/0812003 Policy No,; 1130312463 Named Insured (the 'Insured "): All American Asphalt (A Corp) The NOtioe Inception Data is 06/06/2003 For value received National Indemnity Company (hereinafter referred to as uNstiolt8l Indemnity") agrees that In the event Uts Company does not pay amounts otherwise payable under the Policy as a result of a Court of competent Jurisdiction or the state Insurance regulatory authority In die Company's domlcifiary state ("insurance regulatory autiorlty ") Issuing an order finding such Company to be Insetventor aniedng en older to the Company whfoh legally prohibits the Company from paying Policy amounts otherwise payable baaaUss of the companys finanttial condition, than National Indemnity will pay on behalf of the Company 100% Of any arrount payable by the Company under trio Polley that has not been previously paid by the Company, subjectahArs to the other tamns, Conditions, exclusions and (imitations of the Policy. National Indemnity'wlil meim Ouch payment directly to the Insured (or to (is c °�yto dale claimant or claimants to whom the Insuradsls legally liable lnitha avant Of lid es, or condition of National Indemnity's payment obligation, the insured, after 'PadY oovarages, As a Insolvency o/ the Company, shall provide prompt written notice to National re8tnadMamnno attention Kemper Cutr Through, o Its Statutory Home office as on roe with the National Assoc of Insurance Commisaloners, of any alarm to salt for which National indemntty may be liable by reason of fit Precedent to paymeltt hereunder, National indemnity shatl be deemed to have to agreement harsin. As a condition subrogaroq to ail the rights hereunder, Insured t0 the extent of such payment, Sit the rights of the Company and be 1n Uto case aP third_parly liability coverages. titre° conditlons Is 9 Payment shall be due hereunder on a court of oo mar (1) dice cr; or (2 cbtaln8 a Judgment against the Insured or tthh® after ppy„y after ®(�, lay approved b mPatent Jurisdiction; or (2) the claimant enters into a aPProv ®d by National Indemnity; or (3) the claimant enters rnro a ®�@ment with the Insured or the Company Policy, N °rip of Q company prior ro It being declsretl Insolvent Cr prohibited fro compensation or a mlel C faderanco hall a �® InaUl�d Or d1® Company PPio to rrst -pany c0vsrages, including put not�lrtg amounts due under the compensation coverages that may be provided by the Polley, klloy, Many state worfters� IL 90 39 (gd, 12 02) Page 1 of 2 Printed In U.SA. pitying Policy amounts atham+isa upon the payable because eof being ared Insolvent or Wag any's financial cond wort by a oourrtt of cam tupadioa c or Is hen ae PrOG , authority or upon any insurance regulator assuming any control over the Company's d9 Inn handling Pia' National Indemnity has the right, but not the duty, to assume any obligation the Cam Fly tin Nava s p e such a defense to the Insured, If such an obligation is created by the polity. if National Indemnity doss not a68tltrte such obligation, It will reimburse the Insured for die reasonable cost of each defense to the extent that (he Company would have been obliged to pay such cost under Its obligation to defend, National indemnity and the insured will National, In the Insurer nder the Polley, National commencement ty'soobligatlon herein limitedllto Make the Company's obllgations under the Policy and shall not include any payment arising under claims of bad falth, extra contractual obligations or payments in excess of policy Limits. In the event the Notice Inception Date is later than the Policy Inception Date, then this Notice does not apply to any damages, offense or loss of any nature for which coverage is otherwise provided under the policy If such damages, offense or loss "carnrnoncee" in whole or in part prior to the Notica inception Data, even if such damages, offense OF lose continues, fa alleged to continue, or Is deemed to continue on or after the Notice Inception Date. For the Purposes of this Notice only, "commences" shall mean: @ first occurs, Is alleged to first occur or Is deemed to first occur, or (11) Incepts, is alleged to Incept or is deemed to Inapt; of (10) first tnanlfsets, Is alleged to have first manifested, or is deemed to have first rnanffested. "Commence" Is the earliest point in time of M, (ti) or (110. National Indemnity has no liability to make payments or reimburse any person for payments if the psymeitts war* Incurred in connection with or were in any way related to such excluded damages, offense or loss. NATIONAL iNDGMNITY COMPANY President iL 8o 39 (Ltd. 12 02) Page 2 of 2 EAGLE PACIFIC INSURANCE COMPANY ®R Chief Executive Offlaar Pdnted fa u.&A. 1111 JUN -04 -2004 FRI 03:52 PM FAX N0, Fax #&C .1n CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is co pri ed of requirements as outlined by the City of Newport BBe��achh. Date Received: t. /Contact cei ed Frort �� [� Date Completed: Sent to. Qr By: CompanylPerson req irek to have certificate: All ArUflObt-2 GENERAL LIABILITY A. INSURANCE COMPANY: B. AM BEST RATING (A: VII or greater): 4�-k X ' ✓ C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? D. LIMITS (Must be $1 M or greater): What is limit provided? E, PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? F, ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? P. 01 /Dl d ■ N Wo )4'Yes G. PRIMARY & NON - CONTRIBUTORY WORDING (Must be included): Is it included? XYes 0 No H. CAUTION! (Confirm that loss or liability of the named insured is not limited solely by their negligence) Does endorsement include "solely by negligence" wording? ❑ Yes KNo 1. 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. U. AUTOMOBILE LIABILITY A. INSURANCE COMPANY: B, AM BEST RATING (A: Vll c C. ADMITTED COMPANY (Must be California Admitted): is Company admitted in California? XYes ❑ No D. LIMITS (Must be $1M min. BI & PD and $500,000 UM): What is limits provided? _ ryl 1, E, ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? / ❑ Yes No F. PRIMARY & NON - CONTRIBUTORY WORDING (For Waste Haulers vn�yl[ Is it included? /� 7 ❑ 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: S. AM BEST RATING (A: Vtr c C. LIMITS: Statutory D. WAIVER OF SUBROGATION (To include): is it included? HAVE ALL ABOVE REQUIREMENTS BEEN MET? A Yes ❑ No • 0 Oyler, Shauna From: Farley, Lauren Sent: Monday, June 07, 2004 11:09 AM To: Oyler, Shauna Subject: RE: Westchester Surplus Lines approved - - - -- Original Message---- - From: Oyler, Shauna Sent: Monday, June 07, 2004 10:08 AM To: Farley, Lauren Subject: Westchester Surplus Lines A new contract for the Jamboree Road Rehab project has been awarded to All American Asphalt. Their insurance carrier's AM Best Rating is AX but is not admitted in the State of California. Let me know if I should request that they find a new carrier. Thanks 1 Company Profile 0 Company Profile • Page I of 2 FIDELITY AND DEPOSIT COMPANY OF MARYLAND 1400 AMERICAN LANE, 19TH FLOOR TOWER 1 SCHUAMBURG, IL 60196 -1056 800 - 382 -2150 Agent for Service of Process ANDREW K. PLATT, C/O ZURICH NORTH AMERICA 801 N. BRAND BLVD., 13TH FLOOR GLENDALE, CA 91203 Unable to Locate the Agent for Service of Process? .Reference Information NAIC #: 39306 NAIC Group #: 0212 California Company ID #: 2479 -4 Date authorized in California: January 01, 1982 License Status: UNLIMITED - NORMAL Company Type: .Property & Casualty State of Domicile: MARYLAND Lines of Insurance Authorized to Transact The company is authorized to transact business within these lines of insurance. For an explanation of any of these terms, please refer to the alossJ. AIRCRAFT AUTOMOBILE BOILER AND MACHINERY BURGLARY CREDIT FIRE LIABILITY MARINE MISCELLANEOUS hff.+' / /nAin camrtv in rn�ranra .na mnr'nlc /zzm rn .�, PI T, rn nnF nl oat rn ,P?, FTT)— A4 /1 n /7(1M Page: 1 of 1 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT ADDENDUM NO. 1 JAMBOREE ROAD REHABILITATION PROJECT FROM FORD ROAD TO BISON AVENUE CONTRACT NO. 3625 DATE: May 20, 2004 BY: William Patapoff OD City Engineer TO: ALL PLANHOLDERS Changes affected by this Addendum 1. Section 9 -3.1 Payment - General - Change of Scope for Bid Item Nos. 1, 2, 3, 5, 6, 7, 8, 9, 11, 12, 16, 20, and 21 — Replace- pages -SP 9 through 12 of -18 of-the Special Provisions with the-attached -pages SP 9R through 12R of 18. Bidders must sign this Addendum No. 1 and attach it to the bid proposal. No bid will be considered unless this signed Addendum No.1 is attached. I have carefully examined this Addendum and have included full payment in my Proposal. All AM15rieaA 00-P,141:k Bidder's Name (Please Print) Date— d4' �12 C— i�i b4zed Signature & Title Kober+ 13raMeVt Vice efyyideA* SP 9R OF 18 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 Contractor "A" License. At the start of work and until completion of work, the Contractor and all Sub - contractors shall possess a Business License issued by the City of Newport Beach. 7 -16 CONTRACTOR'S RECORDS /AS BUILT DRAWINGS. A stamped set of approved plans and specifications shall be on the job site at all times. In addition, the Contractor shall maintain "As- Built" drawings of all work as the job progresses. A separate set of drawings shall be maintained for this purpose. These drawings shall be up -to -date and submitted to the Engineer at the time each progress bill is submitted. Upon completion of the project, the Contractor shall provide "As- Built" corrections upon a copy of the Plans. The "As- Built" 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. 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, including repairing all existing improvements damaged by the work 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, preparing the SWPPP and construction schedule, and all other related work as required by the Contract. Item No. 2 Traffic Control: Work under this item shall include delivering all required notifications, post and remove construction signs and all costs incurred notifying residents and businesses. In addition, this item includes preparing traffic control plans prepared and signed by a California licensed traffic engineer, and providing the traffic control required by the project including, but not limited to, signs, cones, barricades, flashing arrow and message boards, K -rail, temporary striping, and flagpersons at all SP 10R OF 18 construction sites. This item includes furnishing all labor, tools, equipment and materials necessary to comply with the W.A.T.C.H. Manual, 2001 edition, and City of Newport Beach Requirements. Item No. 3 Construction Advisory Sign: Work under this item shall include the fabrication; placement, maintenance and removal of 4' X 6' construction advisory signs on 6"X6" wooden break -away posts placed at approximately 500' outside of the work limits at each construction site for each traffic flow direction. Lettering size and other information to be displayed on the sign shall be as directed by the Engineer. Item No. 4 Surveying Services: Work under this item shall include the cost of construction staking, preliminary grades, final grades, centerline ties, all horizontal alignment, survey monument adjustment, as -built field notes, filing of corner records, reestablishment of property corners disturbed by the work, and other survey items as required to complete the work in place. Item No. 5 Median Removal: Work under this item shall include all of the costs required to remove and dispose of all the existing improvements within the new median limits that interfere with the work such as existing median curbs and gutters and stamped concrete, concrete, rock, asphalt concrete, aggregate base, turf, and other items that need to be disposed of prior to the construction of the new improvements. All removal areas that remain bare after the construction work has been completed shall be restored in -kind to match its existing surrounding improvements through the use of sods and /or other remedies approved by the Engineer. .____— Item.. No.. 6.___ Cold... Mill. Asphalt.P_avement: - Work.. under -- this -- item shall- include- cold.--- .. - -.- -. milling the asphalt roadway 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. Payment for the removal and disposal of all existing pavement reinforcing fabric encountered during the work shall be included as a part of the unit price bid. Item No. 7 Roadway Over Excavation and Backfill: Work under this item shall include all of the costs to remove and dispose of the existing roadway section to a depth of 8 -inch below the cold milled surface, the removal and dispose of all existing pavement reinforcing fabric encountered, the tack coating of all joint surfaces prior to backfill placement, the placement and compaction of 8 -inch full - depth asphalt concrete in two (2) lifts, and the completion of other work as required by the Engineer. Although below -grade obstructions is not anticipated for this project, the Contractor shall be responsible for any damage done by the Contractor and /or his equipment shall be repaired or replaced as called out in Section 7 -9 of the Standard Specifications at the Contractor's expense. Item No. 8 Miscellaneous Median and Curb and Gutter Backfill: Work under this item shall include all of the costs required to backfill the volume below the proposed median curb and curb and gutter with either crushed miscellaneous base or native import material as shown on the Plans. Crushed miscellaneous base shall be placed at locations where the existing subgrade is saturated. 0 0 SP11ROF18 Payment for the re -use of material generated from the construction site as backfill material shall be made at one -half (1/2) of the unit price bid. All backfill shall be compacted to a minimum of 95% compaction. Item No. 9 1 -Inch Thick A.C. Leveling Course: Work under this item shall include crack sealing of all cracks that are wider than 1/8" in width, tack coat all joint surfaces, construction of A.C. leveling course, compaction, and all other work as required to complete the work as shown on the plans. Item No. 10 2 -Inch Thick ARHM Surface Course: Work under this item shall include construction of 2" thick ARHM pavement overlay, mechanical and manual compaction, and all other work items as required to complete the work in place. Item No. 11 Remove and Construct 8 -Inch High P.C.C. Type A Curb. and Gutter (City Std. 182 -L): Work under this item shall include removing and disposing of the existing curb and gutter, compacting subgrade, constructing P.C.C. curb and gutter, restoring all existing improvements damaged by the work, and all other work items as required. Gutter width shall be 24- inches. Item No. 12 Remove and Construct 8 -Inch High P.C.C. Type B Curb (City Std. 182 - L): Work under this item shall include removing and disposing of the existing curb, compacting subgrade, constructing P.C.C. curb, restoring all existing improvements damaged by the work, and all other work items as required for performing the work complete and in place. Item No. 13 Variable Height P.C.C. Curb at Median Curb Inlet: Work under this item shall include constructing variable height P.C.C. curb at new median curb inlet, and all other work items as required to complete the work in place Item No. 14 6 -Inch Thick P.C.C. Apron: Work under this item shall include subgrade compaction and constructing a P.C.C. concrete apron as shown on the plans. Item No. 15 Transition From Type B P.C.C. Curb to Type A P.C.C. Curb and Gutter: Work under this item shall include removing and disposing of the existing curb, subgrade compaction, constructing transition from Type B P.C.C. curb to Type A P.C.C. curb and gutter, restoring all existing improvements damaged by the work, and all other work items as required to complete the work in place. Item No. 16 Curb Inlet Type OS (City Std. 306 -L): Work under this item shall include the construction of P.C.C. catch basins per CNB Std. 306 -L including, but not limited to, pavement removal, exposing utilities in advance of work, excavation, temporary shoring, bracing, patching or plating, control of ground and surface water, backfill, compaction, disposal of excess excavated materials, installation of base, basin, grade rings, manhole frames and covers, installation of "No Dumping — Drains to Bay /Ocean" decal, potholing of all utilities, make connections, removal, abandonment or protection of interfering portions of existing utilities or improvements, temporary and permanent support of utilities, installation of Abtech Series C01414 and Ultra Urban Filter (Smart Sponge Plus) across the full width of the catch basin opening with SP 12R OF 18 stainless steel hardware, and all other work items necessary to construct the P.C.C. catch basins complete and in place. Item No. 17 Curb Inlet Local Depression: Work under this item shall include the construction of all work as shown on CNB Std. Plan 304 -L. Item No. 18 18 -Inch RCP Storm Drain (1500 -D): Work under this item shall include installing all pipe material including, but not limited to, potholing of all existing facilities, pavement removal, exposing utilities in advance of pipe excavation operations, trench excavations, shoring, bracing, temporary patching or trench plates, controlling ground and surface water, installing pipe, installing external joint sealer, placing bedding and crushed miscellaneous base, compaction, fittings, connecting to existing facilities, removing, abandoning or protecting interfering portions of existing utilities or improvements, temporary and permanent support of utilities, disposing of excess excavation materials and all other work items as required to complete the work in place. Item No. 19 P.C.C. Junction Structures: Work under this item shall include, the construction of P.C.C. junction structures per CNB Std -311 -L including, but not limited to, pavement removal, exposing utilities in advance of work, excavation, temporary patching or plating, control of ground and surface water, backfill, compaction, disposal of excess excavated materials, installation of base, shaft, grade rings, manhole frames and covers, potholing of all existing utilities, connections to existing facilities, removal, abandonment or protection of interfering portions of existing utilities or improvements, temporary and permanent support of utilities, and all other work items as required to complete the work in place. _ Item No. 20 4 -Inch Thick Stamped Concrete Pavement: Work under this item shall include all work and costs required to prepare and compact the existing work site subgrade to receive the new stamped concrete, construct 4" thick integrally colored stamped concrete, apply color hardener, install No. 4 dowels and expansion joints at 50' intervals, and construct the work as detailed on plans and at various other locations on Jamboree Road between San Joaquin Hills Road and Pacific Coast Highway, and on San Joaquin Hills Road between MacArthur Boulevard and Marguerite Avenue. The precise location of stamped concrete construction on Jamboree Road and San Joaquin Hills Road outside the project area will be identified in the field by the City Inspector. All backfill shall be completed to 95% compaction. Item No. 21 Adjust Manhole to Grade: Work under this item shall include reconstructing all manhole frames and adjust same to grade. Item No. 22 Adjust Water Valve Cover to Grade: Work under this item shall include adjusting all water valve frames and covers to grade and all other work items as required to complete the work in place. Item No. 23 Raise Existing Catch Basin to Match Top of New Curb: Work under this item shall include the reconstruction of existing catch basin top to match top of new curb, installing Abtech Series C01414 and Ultra Urban Filter (Smart Sponge Plus) in the existing catch basin and all other work items as required to complete the work in place. 9 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL JAMBOREE ROAD REHABILITATION PROJECT FROM FORD ROAD TO BISON AVENUE CONTRACT NO. 3625 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. 3625 in accord with the Plans and Special Provisions, and will take in full payment therefore the following unit prices for the work, complete in place, to wit: ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 1. Lump Sum Mobilization Dollars 4-04 r6 Woes rece,r and 7_ of �, Cents Per Lump Sum 2. Lump Sum Traffic Control @F;E� Two s;k Dollars rw•a; ee u;� s:X and 'zetc Cents Per Lump Sum 3. 2 EA Install and Maintain Advisory Sign @Seoen 0- '\Ares Dollars and zerC' Cents Per Each $ 300' $ 7 -3, q $ s� $ I 00 • 0 PR2of6 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE El 5. C 7 0 a Lump Sum Surveying Services @ Dollars and a era Cents $ ICU $ Per Lump Sum 8,000 S.F. Median Removals @ U Dollars and aL zero Cents $ _ $ 00O Per Square Foot 304,000 S.F. Cold Mill AC Pavement @ Zero Dollars and T"we Lie, Cents $ d• I � $ �� p Per Square Foot 15,000 S.F. Roadway Over Excavation and Backfill @ 7 e c; Dollars and Cents $ 0,5-0 Per Squ re Foot 350 C.Y. Misc. Median and Curb and Gutter Backfill Dollars and Zero Cents $ 3S $ f 2 Per Cubic Yard 2,500 TN 1 -Inch Thick AC Leveling Course @ tl it J4 Pow Dollars and o0 zero Cents $ Per Ton C • 9 PR3of6 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 10. 4,000 TN 2 -Inch Thick ARHM Surface Course @ �� r +r Sege:, Dollars and Cx, 7 C, r0 Cents $ I — $ I 8 Per Ton 11. 550 L.F. Remove /Replace With 8 -Inch High PCC Curb and Gutter (Type A) @ Dollars and 7e-co Cents $ $ a Per Linear Foot 12. 5,300 L.F. Remove /Replace With 8 -Inch High PCC Curb (Type B) @ Twe�k4 Pty-,- Dollars and vv 'Z Cents Per Linear Foot 13. 10 L.F. Variable Height PCC Curb at New Median Curb Inlet @ l=or f�t Dollars and t1��, ov 9 Ze'ro Cents $ o $ 400 Per Linear Foot 14. 1 EA 6 -Inch Thick PCC Apron @ T6wee 4,YJr-r�A Dollars and 7- e,ry Cents $ Per Each 15. 50 LF Transition from Type B PCC Curb to Type A PCC Curb and Gutter @ t O r Dollars and ,v zeta Cents $ L�U $ owl 0U Per Linear Foot • • PR4of6 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 16. 1 EA Curb Inlet (Type OS) @ sJ,II,.rAiPollars and Zero Cents $ t1 $ q, 60U Per Each 17. Lump Sum Curb Inlet Local Depression @Fc4k+ µu bred G�1f� Dollars and 7efo Cents 0 Per Lump Sum 18. 80 L.F. Install 18 -Inch RCP (1500D) @ore 14 --I:ed 'Tev. Dollars and zer<D Cents $ !to $ SS900 Per Linear Foot 19. 1 EA Storm Drain Junction Structure @Ti «o i4 s 1 i;y A��-PPollars and -0 Grb Cents $ l; 00 0 Per Each 20. 8,000 S.F. 4 -Inch Thick Stamped Colored Concrete @ Sege . Dollars and N we l } 1 ,ic Cents $ $ 3 C)o Pe r Square Foot 21. 16 EA Adjust Manhole to Grade @ Cot- � re_d Twea.,Dollars and o0 ZeCb Cents $ 6 .�_d Per Each • • PR5of6 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 22. 16 EA Adjust Water Valve to Grade @TMr¢e oym&ed ie e LDollars FZVee and =n 2erb Cents $ S $ � (200 Per Each 23. Lump Sum Raise Existing Catch Basin to Match Top of New Curb @ Dollars and 7UO Cents $ bC -) Per Lump Sum 24. 38 EA Replace Traffic Detector Loop E4vk t.odJollars I I and o z e ra Cents $ l ?is $ B O O Per Each 25. Lump Sum Install Pavement Striping and Markers @- rwelye T1w,.A4 Dollars and Derr Cents $ a 000 Per Lump Sum If 26. Lump Sum Re -grade Existing Soil to New Stamped Concrete and Install New Irrigation and Landscape by City Designated Contractor @ twenty three thousand two hundred and ten Dollars and zero Cents $ 23,210.00 Per Lump Sum 9 • PR6of6 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE TOTAL PRICE IN WRITTEN WORDS Se-Se 4—Akei Tw:r+i Tkree Tkwc4 .d _Ikve� A- red nir±x i ree_ Dollars and '7c-r, Cents aT 004 Date (Roa)�31��nrx, Fay.19va1 -)�4(,:R Bidder's Telephone and Fax Numbers #a to 7rn3 A,f1a- Bidder's License No(s). and Classification(s) $ 733: Total Price (Figures) Al layneviodo .•�� Bidder Bidder's . -. . C •I / f / Bidder's Address • • PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS JAMBOREE ROAD REHABILITATION PROJECT FROM FORD ROAD TO BISON AVENUE CONTRACT NO. 3625 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 -12 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 ADJUSTMENT TO GRADE 5 -8 SALVAGED MATERIALS SECTION 6 PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 1 1 1 1 2 F 2 2 2 2 2 2 2 3 3 3 3 6 -1 CONSTRUCTION SCHEDULE AND COMMENCEMENT 4 OF THE WORK 6 -7 TIME OF COMPLETION 4 6 -7.1 General 4 6 -7.2 Working Days 4 6 -7.4 Working Hours 4 6 -9 LIQUIDATED DAMAGES 5 SECTION 7 RESPONSIBILITIES OF THE CONTRACTOR 5 7 -7 COOPERATION AND COLLATERAL WORK 5 7 -8 PROJECT SITE MAINTENANCE 5 7 -8.5 Temporary Light, Power and Water 5 7 -8.6 Water Pollution Control 6 7 -8.6.1 Best Management Practices and Monitoring Program 6 7 -10 PUBLIC CONVENIENCE AND SAFETY 6 7 -10.1 Traffic and Access 6 7 -10.2 Storage of Equipment and Materials in Public Streets 7 7 -10.3 Street Closures, Detours, Barricades 7 7 -10.4 Public Safety 8 7- 10.4.1 Safety Orders 8 7 -10.5 "No Parking" Signs 8 7 -10.7 Notice to Residents 8 7 -15 CONTRACTOR LICENSES 8 7 -16 CONTRACTOR'S RECORDS /AS BUILT DRAWINGS 9 SECTION 9 MEASUREMENT AND PAYMENT 9 9 -3 PAYMENT 9 9 -3.1 General 9 9 -3.2 Partial and Final Payment 13 PART 2 - -- CONSTRUCTION MATERIALS SECTION 201 CONCRETE, MORTAR, AND RELATED MATERIALS 13 201 -1 PORTLAND CEMENT CONCRETE 13 201 -1.1.2 Concrete Specified by Class 13 201 -5 CEMENT MORTAR 13 201 -5.6 Quick Setting Grout 13 0 SECTION 214 PAVEMENT MARKERS 0 214 -4 NONREFLECTIVE PAVEMENT MARKERS 214 -5 REFLECTIVE PAVEMENT MARKERS SECTION 215 STORM DRAIN FILTERS 215 -1 GENERAL PART 3 - -- CONSTRUCTION METHODS SECTION 300 EARTHWORK 300 -1 300 -1.3 300 -1.3.2 300 -1.5 SECTION 302 302 -5 302 -5.1 302 -5.3.1 302 -5.4 SECTION 303 303 -5 303 -5.1 303 -5.1.1 303 -5.4 303 -5.4.1 303 -5.5 303 -5.5.1 303 -5.5.2 303 -5.5.4 SECTION 307 307 -4 307 -4.9.3 CLEARING AND GRUBBING Removal and Disposal of Materials Requirements Solid Waste Diversion ROADWAY SURFACING ASPHALT CONCRETE PAVEMENT General Weedkill Tack Coat CONCRETE AND MASONRY CONSTRUCTION CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTION, ACCESS RAMPS AND DRIVEWAYS Requirements General Joints General Finishing General Curb Gutter STREET LIGHTING AND TRAFFIC SIGNALS TRAFFIC SIGNAL CONSTRUCTION Inductive Loops 13 13 i10 13 13 14 14 14 14 14 14 14 14 15 15 i61 15 15 15 15 15 15 15 15 16 16 16 16 SECTION 310 PAINTING 16 310 -5 PAINTING VARIOUS SURFACES 16 310 -5.6 Painting Traffic Striping, Pavement Markings, and Curb Markings 16 310 -5.6.7 Layout, Alignment and Spotting 16 310 -5.6.8 Application of Paint 16 SECTION 312 PAVEMENT MARKER PLACEMENT AND REMOVAL 17 312 -1 PLACEMENT 17 PART 6 SECTION 600 MODIFIED ASPHALTS, PAVEMENTS AND PROCESSES 18 600 -2 CRUMB RUBBER MODIFIED (CRM) BINDERS AND PAVEMENT - WET PROCESS 18 600 -2.1 Asphalt Rubber 18 600 -2.1.1 General 18 600 -2.6 Asphalt Rubber Hot Mix Gap- Graded 18 600 -2.6.3 Rolling 18 9 • SP 1 OF 17 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS JAMBOREE ROAD REHABILITATION PROJECT FROM FORD ROAD TO BISON AVENUE CONTRACT NO. 3625 INTRODUCTION All work necessary for the completion of this contract shall be done in accordance with (1) these Special Provisions; (2) the Plans (Drawing No. R- 5850 -S); (3) the City's Standard Special Provisions and Standard Drawings for Public Works Construction, (2004 Edition), including Supplements; (4) Standard Specifications for Public Works Construction (2003 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 mobilization, traffic control, construction notifications, survey services, curb and gutter, and roadway reconstruction, construct storm drain systems, and complete all other items of work as required on place." 2 -9 SURVEYING 2 -9.3 Survey Service. Add to this section: "The Contractor's California Licensed Land Surveyor shall utilize /follow the existing City survey records used for the project design to provide all construction survey services that are required to construct the improvements. The filing of a Corner Record and /or a Record of Survey with the County Surveyor's Office is required after the Work completion. All existing street centerline ties and property corner monuments are to be preserved. The Contractor shall be responsible for the cost of restoring all survey ties and /or monuments damaged by the Work." • • SP2OF17 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 City 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 parts and shall give the Engineer timely (48 hours minimum) notice of the Contractor's readiness for inspection. 0 • SP3OF17 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 City -owned sewer manhole, grade rings, water valve cans and covers, 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, Operations Manager, 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. • • SP 4 OF 17 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'. 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 45 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`h, the first Monday in September (Labor Day), November 11`h (Veterans Day), the fourth Thursday and Friday in November (Thanksgiving and Friday after), December 24`", (Christmas Eve — half day), December 25`h (Christmas), and December 31'` (New Year's Eve — half day). If January 1st, July 4th, November 11th or December 25th falls on a Sunday, the following Monday is a holiday." 6 -7.4 Working Hours. Normal working hours are limited to 7:00 a.m. to 4:30 p.m., Monday through Friday. The Contractor, his subcontractors, suppliers, etc., shall not generate any noise at the work site, storage sites, staging areas, etc. before or after the normal working hours prescribed above. • • SP5OF17 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 $1,000.00. Revise paragraph two, sentence one, to read: "Execution of the Contract shall constitute agreement by the Agency and Contractor that $1,000.00 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." 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. • • SP6OF17 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 settling basin(s) sufficient to prevent such material from migrating into any catch basin, Newport Harbor, the beach, or the ocean. The Contractor shall also comply with the Construction Runoff Guidance Manual which is available for review at the Public Works Department or can be found on the City's web site at http://www.city.newport- beach.ca. us /pubworks /links. htm." 7 -8.6.1 Best Management Practices and Monitoring Program. The Contractor shall submit a Best Management Practice (BMP) plan for containing any wastewater or storm water runoff from the project site including, but not limited to the following: a. No placement of construction materials where they could enter marine waters. b. Checking construction vehicles for leaking fluids. c. Providing a controlled area for cleaning or rinse -down activities. d. Monitoring construction activities. e. Minimizing usage of water when sawcutting. f. Providing measures to capture or vacuum -up water contaminated with construction debris. g. Removing any construction related debris on a daily basis. h. Protecting work areas from erosion. The BMP will be approved by the Engineer prior to any work. The City of Newport Beach will monitor the adjacent storm drains and streets for compliance, failure of the Contractor to follow BMP will result in immediate cleanup by City Forces and the back charging of the Contractor for all costs plus 15 percent. 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. Pedestrian access to all storefronts, offices, residences, etc., within the limits of work must be maintained at all times. The Contractor shall cooperate with the Engineer to provide advance notice to any and all establishments whose access will be impacted by construction operations, particularly sidewalk construction. The Contractor shall furnish and install signage, barricades, delineators, yellow safety ribbon, and any other measures deemed necessary by the Engineer to safely direct the public around areas of construction, and into (and out of) the affected establishments. Such measures shall be shown on the Detailed Traffic Control Plans (see Section 7- 10.3)." • • SP7OF17 7 -10.2 Storage of Equipment and Materials in Public Streets. Delete the first paragraph and add the following: "Construction materials and equipment may not be stored in streets, roads, or sidewalk areas without approval by the Engineer. It is the Contractor's responsibility to obtain an area for the storage of equipment and materials. The Contractor shall obtain the Engineer's approval of a site for storage of equipment and materials prior to arranging for or delivering equipment and materials to the site. Prior to move -in, the Contractor shall take photos of the storage area. The Contractor shall restore the storage area to its pre- construction condition. The Engineer may require new base and pavement if the pavement condition within the storage area has been compromised during construction." 7 -10.3 Street Closures, Detours and Barricades. Add to this section: 'The Contractor shall submit to the Engineer - at least five working days prior to the pre - construction meeting - a traffic control plan and detour plans(s) for each street and parking lot. The Contractor shall be responsible for processing and obtaining approval of a traffic control plans from the City's Traffic Engineer. The Contractor shall adhere to the conditions of the traffic control plan. All traffic control plans shall be prepared by a licensed Traffic Engineer and conform to the provisions of the WORK AREA TRAFFIC CONTROL HANDBOOK (W.A.T.C.H), 2001 Edition. The Traffic Control Plans shall be signed and sealed by a California licensed traffic engineer. The traffic control and detour plans must meet the following requirements: 1. Access to all side streets shall be maintained at all times. 2. The Contractor shall not close more than one (1) traffic lane in either travel direction before 9:00 a.m. or after 3:00 p.m. on work days. 3. Two traffic lanes in each travel direction shall be maintained at all times. 4. Emergency vehicle access shall be maintained at all times. 5. The locations and wording of all barricades, signs, delineators, lights, warning devices, parking restrictions, and any other required details shall assure that all pedestrian and vehicular traffic will be handled in a safe and efficient manner with minimum inconvenience to the public. 6. All advanced warning sign installations shall be reflectorized and /or lighted. 7. The Contractor shall provide solar - powered arrow boards and uniformed flag persons to direct traffic through the construction zone at all times. 8. In case of left turn pocket(s) closure, the affected traffic will be allowed to make u -turn at the next intersection. • 7 -10.4 Public Safety 0 SP8OF17 7- 10.4 -1 Safety Orders. Add to this section: 'The Contractor shall be solely and completely responsible for conditions of the job -site, including safety of all persons and property during performance of the work, and the Contractor shall fully comply with all State, Federal and other laws, rules, regulations, and orders relating to the safety of the public and workers. The right of the Engineer or the City's Representative to conduct construction review or observation of the Contractor's performance shall not include review or observation of the adequacy of the Contractor's safety measures in, on, or near the construction site." 7 -10.5 "No Parking" Signs. The Contractor shall install, and maintain in place "NO PARKING -TOW AWAY" signs (even if streets have posted "NO PARKING' signs) which he shall post at least forty -eight hours in advance of the need for enforcement. In addition, it shall be the Contractor's responsibility to notify the City's Police Department, Traffic Division at (949) 644 -3717, for verification of posting at least forty -eight hours in advance of the need for enforcement. The signs shall (1) be made of white card stock; (2) have minimum dimensions of 12- inches wide and 18- inches high; and (3) be City of Newport Beach "Temporary Tow -Away, No Parking" signs available at the Public Works Department public counter. The Contractor shall print the hours and dates of parking restriction on the "NO PARKING -TOW AWAY" sign in 2 -inch high letters and numbers. A sample of the completed sign shall be reviewed and approved by the Engineer prior to posting. 7 -10.7 Notices to Residents. Ten working days prior to starting work, the Contractor shall deliver a construction notice to the adjacent residents, within 500 feet of the project, describing the project and indicating the limits of construction. The City will provide the notice. Forty -eight hours 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 Contractor "A" License. At the start of work and until completion of work, the Contractor and all Sub - contractors shall possess a Business License issued by the City of Newport Beach. • • SP9OF17 7 -16 CONTRACTOR'S RECORDS /AS BUILT DRAWINGS. A stamped set of approved plans and specifications shall be on the job site at all times. In addition, the Contractor shall maintain "As- Built' drawings of all work as the job progresses. A separate set of drawings shall be maintained for this purpose. These drawings shall be up -to -date and submitted to the Engineer at the time each progress bill is submitted. Upon completion of the project, the Contractor shall provide "As- Built' corrections upon a copy of the Plans. The "As- Built' 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. 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, including repairing all existing improvements damaged by the work 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 Traffic Control: Work under this item shall include delivering all required notifications and temporary parking permits, post signs and all costs incurred notifying residents. In addition, this item includes preparing traffic control plans prepared and signed by a California licensed traffic engineer, and providing the traffic control required by the project including, but not limited to, signs, cones, barricades, flashing arrow sign, K -rail, temporary striping, flagpersons. This item includes furnishing all labor, tools, equipment and materials necessary to comply with the W.A.T.C.H. Manual, 2001 edition, and City of Newport Beach Requirements. • • SP 10 OF 17 Item No. 3 Construction Advisory Sign: Work under this item shall include the fabrication, placement, maintenance and removal of two advisory signs placed at approximately 500' outside of the work limits on Jamboree Road in each traffic flow direction. Size of sign, lettering size and other information to be displayed on the sign will be as directed by the City Inspector. Item No. 4 Surveying Services: Work under this item shall include the cost of construction staking, preliminary grades, final grades, centerline ties, all horizontal alignment, survey monument adjustment, as -built field notes, filing of corner records, reestablishment of property corners disturbed by the work, and other survey items as required to complete the work in place. Item No. 5 Median Removal: Work under this item shall include the removal of all existing improvements in the median divider, excluding the median curb at locations shown on the plans. Removal of median curb is included in Item No. 10. Item No. 6 Cold Mill Asphalt Pavement: Work under this item shall include cold milling the asphalt roadway 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. 7 Roadway Over Excavation and Backfill: Work under this item shall include removal of existing pavement and excavation for proposed structural section and replacement with asphalt concrete pavement to thickness as directed by the City. The Contractor shall exercise due caution to avoid any damage to existing improvements to be protected in place. Any damage done by the Contractor and /or his equipment shall be repaired or replaced as called out in Section 7 -9 of the Standard Specifications at the Contractor's expense. Item No. 8 Miscellaneous Median and Curb and Gutter Backfill: Work under this item shall include the backfill with native material as required before placement of median curb and gutter. All backfill shall be compacted to a minimum of 95% compaction. Item No. 9 1 -Inch Thick A.C. Leveling Course: Work under this item shall include crack sealing of all cracks that are wider than 1/8" in width, construction of A.C. leveling course, compaction, and all other work as required to complete the work as shown on the plans. Item No. 10 2 -Inch Thick ARHM Surface Course: Work under this item shall include construction of 2" thick ARHM pavement overlay, mechanical and manual compaction, and all other work items as required to complete the work in place. Item No. 11 Remove and Construct 8 -Inch High P.C.C. Type A Curb and Gutter (City Std. 182 -L): Work under this item shall include removing and disposing of the existing curb and gutter, compacting subgrade, reconstructing curb openings of existing curb drains, constructing P.C.C. curb and gutter, re- chiseling of curb face for existing underground utilities, restoring all existing improvements damaged by the work, and all • • SP 11 OF 17 other work items as required for performing the work complete and in place. Gutter width shall be 24- inches. Item No. 12 Remove and Construct 8 -Inch High P.C.C. Type B Curb (City Std. 182 - L): Work under this item shall include removing and disposing of the existing curb, compacting subgrade, reconstructing curb openings of existing curb drains, constructing P.C.C. curb, re- chiseling of curb face for existing underground utilities, restoring all existing improvements damaged by the work, and all other work items as required for performing the work complete and in place. Item No. 13 Variable Height P.C.C. Curb at Median Curb Inlet: Work under this item shall include constructing variable height P.C.C. curb at new median curb inlet, and all other work items as required to complete the work in place. Item No. 14 6 -Inch Thick P.C.C. Apron: Work under this item shall include constructing a P.C.C. concrete apron at location shown on the plans, including subgrade compaction and all other work items as required to complete the work in place. Item No. 15 Transition From Type B P.C.C. Curb to Type A P.C.C. Curb and Gutter: Work under this item shall include removing and disposing of the existing curb, subgrade compaction, constructing transition from Type B P.C.C. curb to Type A P.C.C. curb and gutter, restoring all existing improvements damaged by the work, and all other work items as required to complete the work in place. Item No. 16 Curb Inlet Type OS (City Std. 306 -L): Work under this item shall include the construction of P.C.C. catch basins per CNB Std. 306 -L including, but not limited to, pavement removal, exposing utilities in advance of work, excavation, temporary shoring, bracing, patching or plating, control of ground and surface water, backfill, compaction, disposal of excess excavated materials, installation of base, basin, grade rings, manhole frames and covers, installation of "No Dumping — Drains to Bay /Ocean" decal, potholing of all utilities, make connections, removal, abandonment or protection of interfering portions of existing utilities or improvements, temporary and permanent support of utilities, installation of Abtech Series C01414 and Ultra Urban Filter (Smart Sponge Plus), and all other work items necessary to construct the P.C.C. catch basins complete and in place. Item No. 17 Curb Inlet Local Depression: Work under this item shall include the construction of local depression per CNB Std. Plan 304 -L and all other work items as required to complete the work in place. Item No. 18 18 -Inch RCP Storm Drain (1500 -D): Work under this item shall include installing all pipe material including, but not limited to, potholing of all existing facilities, pavement removal, exposing utilities in advance of pipe excavation operations, trench excavations, shoring, bracing, temporary patching or trench plates, controlling ground and surface water, installing pipe, installing external joint sealer, placing bedding and crushed miscellaneous base, compaction, fittings, connecting to existing facilities, 0 SP 12 OF 17 removing, abandoning or protecting interfering portions of existing utilities or improvements, temporary and permanent support of utilities, disposing of excess excavation materials and all other work items as required to complete the work in place. Item No. 19 P.C.C. Junction Structures: Work under this item shall include, the construction of P.C.C. junction structures per CNB Std -311 -L including, but not limited to, pavement removal, exposing utilities in advance of work, excavation, temporary patching or plating, control of ground and surface water, backfill, compaction, disposal of excess excavated materials, installation of base, shaft, grade rings, manhole frames and covers, potholing of all existing utilities, connections to existing facilities, removal, abandonment or protection of interfering portions of existing utilities or improvements, temporary and permanent support of utilities, and all other work items as required to complete the work in place. Item No. 20 4 -Inch Thick Stamped Concrete Pavement: Work under this item shall include construction of 4" thick stamped concrete in median divider as detailed on plans, and at various other locations on Jamboree Road between San Joaquin Hills Road and Pacific Coast Highway, and on San Joaquin Hills Road between MacArthur Boulevard and Marguerite Avenue. The precise location of stamped concrete construction on Jamboree Road and San Joaquin Hills Road outside the project area will be identified in the field by the City Inspector. Removal of existing stamped concrete is included in Item No. 4. All backfill shall be completed to 95% compaction. Item No. 21 Adjust Manhole to Grade: Work under this item shall include adjusting all manholes to grade and all other work items as required to complete the work in place. Item No. 22 Adjust Water Valve Cover to Grade: Work under this item shall include adjusting all water valve frames and covers to grade and all other work items as required to complete the work in place. Item No. 23 Raise Existing Catch Basin to Match Top of New Curb: Work under this item shall include the reconstruction of existing catch basin top to match top of new curb, installing Abtech Series C01414 and Ultra Urban Filter (Smart Sponge Plus) in the existing catch basin and all other work items as required to complete the work in place. Item No. 24 Replace Traffic Signal Loops: Work under this item shall include all labor and material to install and connect into existing termination pull box and all other work as required to complete the work shown on the plans and these Specifications. The Contractor shall notify the Engineer of deactivation of any existing loops one week prior to start of any work. Item No. 25 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. • • SP 13 OF 17 Item No. 26 Landscape Improvements: Work under this item is to be performed by a City designated Contractor and consists of re- grading of existing soil to new concrete grade and installation of new irrigation and landscape (turf replacement). A lump sum amount of $23,210.00 has been included in the Bid Proposal for these services. This amount is to be paid by the General Contractor to the City designated Landscape Contractor. Any Contractor overhead amount shall be included in the Mobilization Bid Item. 9 -3.2 Partial and Final Payment. Add to this section: "Partial payments for mobilization and traffic control shall be made in accordance with Section 10264 of the California Public Contract Code." PART 2 CONSTRUCTION MATERIALS SECTION 201 --- CONCRETE, MORTAR, AND RELATED MATERIALS 201 -1 PORTLAND CEMENT CONCRETE 201 -1.1.2 Concrete Specified by Class. Add to this section: "Portland Cement concrete for construction shall be Class 560 -C- 3250." 201 -5 CEMENT MORTAR 201 -5.6 Quick Setting Grout. Add to this section: 'The Contractor shall grout the area between an existing reinforced concrete structure and the new storm drain pipe with a quick setting grout." 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." SECTION 215 -- -STORM DRAIN FILTERS 215 -1 GENERAL Filters shall be installed across inlets for all new catch basins that drain into new storm drain systems as shown on the plans. Insert widths shall match the curb opening widths of catch basins. All filters shall be Abtech Series C01414 and Ultra Urban Filter 0 SP 14 OF 17 (Smart Sponge Plus) as supplied by "Asbury Environmental Services" located at 2100 N. Alameda Street, Compton, CA 90222 or approved equal. They can be reached at 310- 974 -4495. Insert widths shall match the curb opening widths of catch basins; shall be secured to catch basin walls at 12 -inch maximum on center spacing with 318 -inch minimum diameter fasteners that have been approved by the Engineer; and shall be fitted with trash and debris screens. Screens, braces and fasteners shall be fabricated from Type 304 stainless steel. Filter medium shall be installed in accordance with the manufacturers recommendations. PART 3 CONSTRUCTION METHODS SECTION 300 - -- EARTHWORK 300 -1 CLEARING AND GRUBBING 300 -1.3 Removal and Disposal of Materials 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' /z 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 0 • SP 15 OF 17 greater than 1 -inch in width shall be filled and compacted with an F -AR 4000 asphalt concrete mix. The pavement shall then be cleaned with a power broom." 302 -5.3.1 Weedkill. Contractor shall treat the finished subgrade with an approved weed - killer herbicide prior to placing the pavement section. 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 303 - -- CONCRETE AND MASONRY CONSTRUCTION 303 -5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 303 -5.1 Requirements 303 -5.1.1 General. Add to this section: "Sidewalk and curb access ramps shall be opened to pedestrian access on the day following concrete placement. In addition, all forms shall be removed, irrigation systems shall be repaired, and backfill or patchback shall be placed within 72 hours following concrete placement. Newly poured P.C.C. improvements subject to vehicle loads shall not be opened to vehicle traffic until the concrete has cured to a minimum strength of 3,000 psi." 303 -5.4 Joints 303 -5.4.1 General. Add to this section: 'The Contractor shall make a sawcut parallel to the centerline of the alley, 2 feet along each side of centerline, over the entire length of the alley. The Contractor may also sawcut the property lines, adjacent to the alley, in lieu of scoring the pavement along the property lines or constructing an edged cold joint. All sawcuts shall be made to a depth of 2 inches." 303 -5.5 Finishing 303 -5.5.1 General. Add to this section: 'The Contractor shall patch back A.C., P.C.C. and brick within private property at locations shown on the plans in a manner that matches the adjoining existing private property in structural section, texture and color." 303 -5.5.2 Curb. Add to this section: "The Contractor shall install or replace curb markings that indicate sewer lateral or water valve location on the face of the curb. The Contractor shall mark the curb with a chiseled "S" for sewer lateral and a chiseled "V -X" for water valve locations. "X" shall indicate the number of feet from the curb face to the valve. To determine the location of sewer laterals and water services, the Contractor must call the City's Utilities Superintendent, Mr. Ed Burt, at (714) 718 - 3402." 0 0 SP 16 OF 17 303 -5.5.4 Gutter. [only for very flat areas] Add to this section: 'The Contractor shall hold the flow line tolerances to within 0.01 feet of those elevations shown on the plan." SECTION 307 - -- STREET LIGHTING AND TRAFFIC SIGNALS 307 -4 TRAFFIC SIGNAL CONSTRUCTION 307 -4.9.3 Inductive Loops. Amend this Section to include: 'Traffic signal loop detectors shall be replaced per Caltrans Standard Plans ES -5A and ES -513 and shall be Type A or Type E. The new loop detectors shall be installed within the AC pavement final course. All installed loop detectors shall be completely functional to the satisfaction of the Engineer within five consecutive working days of AC pavement final course placement." SECTION 310 - -- PAINTING 310 -5 PAINTING VARIOUS SURFACES 310 -5.6 Painting Traffic Striping, Pavement Markings, and Curb Markings 310 -5.6.7 Layout, Alignment, and Spotting. Modify and amend this section to read: 'The Contractor shall perform all layout, alignment, and spotting. The Contractor shall be responsible for the completeness and accuracy of all layout alignment and spotting. Traffic striping shall not vary more than 1/2 inch in 40 feet from the alignment shown on the plans. The Contractor shall mark or otherwise delineate the new traffic lanes and pavement markings within 24 hours after the removal or covering of existing striping or markings. No street shall be without the proper striping over a weekend or holiday. Stop bars shall not remain unpainted overnight." 310 -5.6.8 Application of Paint. Add to this section: 'Temporary painted traffic striping and markings shall be applied in one coat, as soon as possible and within 24 hours after the finish course has been applied. Paint for temporary traffic striping and pavement markings shall be white Formula No. 2600A9 Duraline 2000 and yellow Formula No. 2601A9 Duraline 2000 as manufactured by Morton. These temporary paints shall be applied at 15 mils wet. The final striping for all painted areas shall be sprayable reflectorized thermoplastic. The sprayable reflectorized thermoplastic pavement striping shall not be applied until the paving has been in place for at least 15 days. The thermoplastic shall be applied at 0.45 mm minimum thickness for all striping except crosswalks and limit lines — which shall be 0.90 mm minimum thickness. SP 17 OF 17 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." PART 6 SECTION 600 - -- MODIFIED ASPHALTS, PAVEMENTS AND PROCESSES 600 -2 CRUMB RUBBER MODIFIED (CRM) BINDERS AND PAVEMENTS -WET PROCESS 600 -2.1 Asphalt- Rubber 600 -2.1.1 General. Add to this section: "Asphalt- rubber shall be type B." 600 -2.6 Asphalt- Rubber Hot Mix Gap- Graded 600 -2.6.3 Rolling. Add to this section: "Asphalt- Rubber Hot Mix Gap Graded material shall be compacted at or above 290 degrees Fahrenheit. Due to this requirement, the Contractor shall maintain three large self - propelled, vibrating steel wheel rollers, in working condition, on site to facilitate the initial breakdown rolling and intermediate rolling. The third roller will act as a stand -by in case of breakdown by one of the other rollers. Rubber tire rollers are not permitted. A minimum relative compaction of 95 percent is required. For each percentile less that the required 95 percent compaction the unit price for Item No. 10, Construct 2 -Inch Thick Asphalt Rubber Overlay, will be reduced by 10 percent. Any areas of roadway that does not have 90 percent relative compaction shall be removed, reinstalled and properly compacted at the Contract's sole expense." F: \USERS \PBW\Shared \Contracts \FY 03- 04Wamboree Rd - Ford -Bison C- 3625 \SPECS C- 3625.doc (ssr) • 0 CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 12 June 8, 2004 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department 21 P. VF� Michael J. Sinacori, P.E. 949 - 644 -3311 hOQ7 `.�? t-3 N(? msinacod@city.newport-beach.ca.us H0tl391k40dM3N i0 AllS 113NA00 AM M. AS SUBJECT: JAMBOREE ROAD STREET REHABILITATION — FORD ROAD TO BIS�T_ AVENUE - AWARD OF CONTRACT NO. 3625 RECOMMENDATIONS: 1. Approve the plans and specifications. 2. Award Contract No. 3625 to All American Asphalt, Inc. for the Total Bid Price of $733,733.00, and authorize the Mayor and the City Clerk to execute the contract. 3. Establish an amount of $73,000 to cover the cost of unforeseen work. DISCUSSION: At 2:00 P.M. on May 26, 2004 the City Clerk opened and read the following bids for this project: TOTAL BID AMOUNT $733,733.00 $794,833.90 $799,310.00 $856,550.00 $862,030.00 $898,427.50 * Corrected Bid Amount is $856,350.00 The low total bid amount is 39 percent below the Engineer's Estimate of $1,200,000. Staff was conservative in estimating this project due to the recent increase in crude oil costs. It was assumed that the dramatic increases in the oil industry would be reflected in the asphalt prices. However, these increases did not materialize and the cost per ton of asphalt was essentially the same as last year's Jamboree Road project cost. In addition, an error in unit prices by the engineer for cold - planing and roadway over - excavation caused the engineers estimate to be higher. BIDDER Low All American Asphalt, Inc. 2 Ruiz Engineering Company 3 Orion Contracting, Inc. 4 Soquel Contractor's Inc. 5 R.J. Noble Company 6 Excel Paving Company TOTAL BID AMOUNT $733,733.00 $794,833.90 $799,310.00 $856,550.00 $862,030.00 $898,427.50 * Corrected Bid Amount is $856,350.00 The low total bid amount is 39 percent below the Engineer's Estimate of $1,200,000. Staff was conservative in estimating this project due to the recent increase in crude oil costs. It was assumed that the dramatic increases in the oil industry would be reflected in the asphalt prices. However, these increases did not materialize and the cost per ton of asphalt was essentially the same as last year's Jamboree Road project cost. In addition, an error in unit prices by the engineer for cold - planing and roadway over - excavation caused the engineers estimate to be higher. Subject: Jamboree Road Streetebilitation — Bison Avenue to University DrivelWard of Contract No. 3525 June 8, 2004 Page: 2 The low bidder All American Asphalt, Inc., possesses a General "A" Contractors License as required by the project specifications. They have satisfactorily completed similar projects for Newport Beach and other municipalities, including last years phase of Jamobree Road Rehabilitation. They are very familiar with the stringent traffic control requirements and are more than qualified to complete this next phase. This project will rehabilitate Jamboree Road from Ford Road to Bison Avenue. The work necessary for the completion of this contract consists of mobilization, traffic control, construction notifications, survey services, curb and gutter replacement, roadway reconstruction, and the construction of storm drain systems. Per the Contract Specifications the Contractor will have 45 consecutive working days to complete the work. Staff chose this time period to rehabilitate this portion of Jamboree Road to minimize the impacts to the local schools in the East Bluff area. Environmental Review: This project was determined to be exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15302 of the CEQA Implementing Guidelines. This exemption covers the maintenance and alteration of existing public facilities with negligible expansion of the facilities in areas that are not environmentally sensitive. The project involves removal and resurfacing of existing asphalt concrete roadway. Funding Availability: Sufficient funds are available in the following account for the project: Account Description OCCTFP Prepared�by: KWhael J. Sinacori,`f'.E. Principal Civil Engineer Attachments: Project Location Map Bid Summary Account Number 7281- C5100714 Amount $806,733.00 Submitted t hen G. Badum ublic Works Director El CITY OF NEWPORT BEACH CONTRACT PUBLIC WORKS DEPARTMENT C -3625 JAMBOREE ROAD STREET REHABILITATION - DATE u� FORD ROAD TO BISON AVENUE N.T.S S U Q w `W r O a W Z LL O F- U r Z W r Q a W 0 M� 1.L O U J m a w N ~ m U 0 p N W Y Y m W U = U U Z H O Q 1- p Q U p m } W a D u o Q o Z N N W Y_ W Q Q 2 w W Z Un a ¢ 2 UJ H w W Z W ZQ ir w rJ rI rn A a N N U m °o O N m a n v 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Q o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O 0 O 0... 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N m O m N m m O h L6 M O a 2 O N N Q U w a 0 0 0 0 0 n 0 0 0 0 N o 0 0 0 0 0 0 0 0 0 0 0 0 0 O Z O O O O N O m O N N N O m 0 0 N O Ih N N 0 0 0 0 x 0 0 0 0 n v N N N O V N O N n N O N n N n N 0 M N O O N x O O m 0 N Z N of v N a m < N vi �- ¢� h N O O O O O o o 0 0 0 o 0 o 0 0 0 0 0 0 0 0 0 0 0 o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 a 0 0 0 0 0 0 0 0 0 0 0 0 O Z 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O O O O O O o O O O 0 O O O O O O O O 0 O O O� O 0 v1 ❑ Q O O O O cp O N O C6 O (6 O O N V O O O m M V W of m O 0 .- 0 N 0 0 cp 0 m 0 m N M m V O m m (p O n N m M N 0 n W O N N O N 0 Q N C 0 0 0 0 0 N 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O O o O N 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 U 0 0 0 0 O tO N O N N M 000 O O O O O N 0 0 0 0 66 x 0 0 0 0 �-- V N N M O N 0 0 0 0 O O O of 0 = 0 0 (A O 0 O O N O N M 0-- O N N N m m h Oa N m N U) O O O o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O O O O O O O O O O O O O O O O O O O O O O O O O Z 0 0 0 0 0 0 0 N O O O O O O N 0 0 0 0 0 0 0 0 0 0 C O O O O O m O N N O V O m V N O 0 0 0 0 m C< m 0 <O O N N p O O N NN m N -Z N N V M N m M � Q � n c 0 0 0 0 0 0 0 0 0 0 0 0 0 "000 0 0 0 0 0 0 0 0 0 O O O O OL� N O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 C r O O O O N O (7 N N h m 0 0 O N O O O O of 0 0 0 0 0 O Z 0 0 0 0 0 0 C 0 •- V' V N .- M O C N 0 O 0 O N O O O m O M O O O N O O N ❑ ¢ �oov u N m 0; m J J J J J J J J co w W J m (n (n U H F J W W W (n W W W J J F- F 000 0 000- 0 0 0 ZQ l ,_ N p 0 0 1 00 N m 0 O N O m r, cow-W, l m ❑ W 0— � N O N m M U � g a m U Q o H A d N 6 Z U tp d C7 6 U N Y O 0 c m m o a a m LL c 5 U 007 UU m `c m=e c 0C) U 2 c m m m0 W Q E v n d a °' U Q °ia m m o a 0 m o a- ❑ m N J L L a O❑ a 2 i0 0 V1 C U j W U x O ~ O U E> J `c Z o c w oa `m �¢¢2xta E m ac`0ia ¢ c min m o> m O m N Q y � c c= 0 0 aEi 0� a m ma NUsa ��= m�H�mco dH ° c cmow v aO N N p NO N C C y a8 C C N O C❑ O b N (j N J W '- N m Q N N h W Oi O N M< N N h m m O N M O N <p N m a ACORD 07/177 /03 /03 CERTIFICAT F LIABILITY INSURA E DATE /YV) PRODUCER 1 -949- 729 -0777 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION .ssional Practice Insurance Brokers, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATF HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND O West Coast Highway ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOMI 200 -rt Beach, CA 92663 j INSURERS AFFORDING COVERAGE INSURED Daman Lundin S Associates 12377 Lewis Street, Suite 101 Garden Grove, CA 92840 COVERAGES I INSURER B:American Motorists Insurance Company I THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REOUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS • i GENERAL LIABILITY 17RE79862801 09/26/02 09/26/03 EACH OCCURRENCE $ 1,000,000 _ jam%.—COMMERCIAL GENERAL LIABILITY FIRE DAMAGE (Any one fire) $100,000 :CLAIMS MADE X OCCUR j MED EXP (Any one person) $ 10,000 $ 1, 000, 000 PERSONAL - AD INJURY I$ 2,000,000 GENERAL AGGREGATE $2,000,_000 OEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS- COMP.'OPAGG PRO r j POLICY LOC • i AUTOMOBILE LIABILITY 7RE79862801 09/26/02 09/26/03 >✓ COMBINED SINGLE LIMIT $ 11000,000 ANY AUTO (Ea accident) ALL OWNED AUTOS I BODILY INJURY SCHEDULED AUTOS (Pet person) $ X HIRED AUTOS j DLY INJURY $ X NON -OWNED AUTOS r accident) L�P OPERTY D AMAGE $ r aocidenp GARAGE LIABILITY j AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ I ! AUTO ONLY: AGO $ A LIABILITY j7RE79862801 09/26/02 09/26/03 i EACH OCCURRENCE !$ 1,000,000 I�EXCESS _ 1, 000, X OCCUR CLAIMS MADE ; AGGREGATE_ $ 000 $ $ 1 k__4 DEDUCTIBLE ' :RETENTION $ is B WORKERS COMPENSATION AND 17CW30439407 1 09/01/02 09/01/03 X Ty RV UMITS _,. )OER EMPLOYERS' LIABILITY E.L. EACH ACCIDENT $ 1,000,000 $ 1,000,000 ! E L. DISEASE - EA EMPLOYE $1,000,000 i El, DISEASE - POLICY LIMIT OTHER C 'Professional Liability IAFA133324987 09/23/02 09/23/03 Per Claim 1,000,000 i DESCRIPTION OF OPERATIONS /LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT /SPECIAL PROVISIONS ALL OPERATIONS OF NAMED INSURED. GENERAL LIABILITY ADDITIONAL INSURED ENDORSEMENT ATTACHED. WORKERS COMPENSATION WAIVER OF SUBROGATION APPLIES PER ATTACHED. CERTIFICATE HOLDER X I ADDITIONAL INSURED; INSURER LETTER: w CARCELLATIUN City of Newport Beach Attn: Shauna Oyler 3300 Newport Blvd. Newport Beach, CA 92658 ksmick 117Y I SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL L*J9M4WW MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, 000MILIONUOMMMO SHALL R AUTHORIZED REPRESENTATIVE `1 USA ``f" ✓1/ Powered ByCertiticatesNOwn' KEIRER PREMIER ENDORSEMENT It ARCHITECTURE AND ENGINEERING FIRMS THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESSOWNERS LIABILITY COVERAGE FORM BP 71 08 - - BY CITY OF NEWPORT BEACH, ITS ELECTED OFFICIALS, OFFICERS, AGENTS, REPRESENTATIVES AND EMPLOYEES Item 5. of Section C. —WHO IS AN INSURED, is deleted and replaced by the following: Any person or organization (named above) to whom or to which you are obligated by virtue of a written contract, agreement or permit to provide such insurance as afforded by this policy is an insured, but only with respect to liability arising out of: a) "Your work" for that insured by you, including work or operations performed on your behalf for that insured; b) Permits issued by state or political subdivisions for operations performed by you; or c) Premises you own, rent, occupy or use. This provision does not apply unless the written contract or agreement has been executed, or the permit has been issued, prior to the "bodily injury," "property damage," "personal injury" or "advertising injury." This provision does not apply to any person or organization included as an insured under Additional Insured —Vendors. (NOTE: MEETS OR EXCEEDS CG 20 10 11 85) 2. PRIMARY - - NON - CONTRIBUTORY This insurance is primary and is not additional to or contributing with any other insurance carried by or for the benefit of Additional Insureds. 3. SEPARATION OF INSUREDS Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this policy to the first Named Insured, this insurance applies: a) As if each Named Insured were the only Named Insured; and b) Separately to each insured against whom claim is made or "suit" is brought. 4. NOTICE OF CANCELLATION If we cancel this policy for any reason other than non - payment of premium, we will mail written notice at least 30 days before the effective date of cancellation to the Additional Insureds on file with the Company. If we cancel this policy for non - payment of premium, we will mail written notice at least 10 days before the effective date of cancellation to the Additional Insureds on file with the Company. 5. WAIVER OF SUBROGATION If the insured has rights to recover all or part of any payment we have made under this policy, those rights are transferred to us. This insurance shall not be invalidated should the Named Insured waive in writing, prior to a loss, any or all rights of recovery against any party for a loss occurring. However, the insured must do nothing after a loss to impair these rights. At our request, the insured will bring "suit' or transfer those rights to us and help us enforce them. This condition does not apply to Medical Expenses Coverage. Dewan Lundin 6 s......... Mutual Insurance Company Authorized Signature: ISSUED: 07/17/03 Note: Meets or Exceeds CG2010 1 1185 Kemper Form 4BP7108 as above stated. WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT — CALIFORNIA (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective: I Policy Number: Endt No 109/01/02 09/01/03 17CW30439407 Insured: Duran Lundin S Associates Insurance Company: American Motorists Insurance Company Countersigned By: SCHEDULE Person or Organization: ANYONE FOR WHOM THE NAMED INSURED HAS AGREED TO FURNISH THIS WAIVER CITY OF NEWPORT BEACH, ITS ELECTED OFFICIALS, OFFICERS, AGENTS, AND EMPLOYEES MINIMUM PREMIUM: THE PREMIUM FOR THIS COVERAGE WILL BE DETERMINED AND BILLED AT AUDIT. We have the right to recover our payments from anyone liable for injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applied only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll record accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 2.00 % of the California workers compensation premium otherwise due on such remuneration. THIS ENDORSEMENT CHANGES THE POLICY TO WHICH IT IS ATTACHED AND IS EFFECTIVE ON THE DATE ISSUED UNLESS OTHERWISE STATED. WC 04 03 06 (Ed. 04 84) Printed in U.S.A. i • Professional Practice Insurance Brokers, Inc. 2244 West Coast Highway Suite 200 Newport Beach, CA 92663 City of Newport Beach Attn: Shauna Oyler 3300 Newport Blvd. Newport Beach, CA 92658 USA USA This document was brought to you by CertificatesNow. RECEIVED PUBLIC WORKS ':_Pni; LENT CITY OF NEWPORT REACH If you have questions regarding the content of this document, please contact the Producer /Agent listed on the certificate of insurance or the Insured listed on the notice of cancellation /reinstatement. To find out how you can send and receive all of your certificates of insurance either by email, high speed fax or standard mail, call Confir et toll -free at 877.669.8600, email customercare @confirmnet.com, or visit our website at www. confi=et.com T e data included in this notice and in .he at Cached dxument is confidential : -c Confirm. Net and :. ile party respcns_bie for cr:ng_ng you vh_s irfcrmac:cn. Powered ByCediticatesft,m • • 6- 36. a ) PROFESSIONAL SERVICES AGREEMENT FOR ENGINEERING SERVICES FOR THE JAMBOREE ROAD REHABILITATION PROJECT FROM EASTBLUFF DRIVE /FORD ROAD TO BISON AVENUE 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 Dewan, Lundin, and Associates, Inc., whose address is 12377 Lewis Street, Suite 101, Garden Grove, California, 92840, (hereinafter referred to as "Consultant'), is made with reference to the following: RECITALS A. City is a Municipal Corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City is planning to implement Jamboree Road Rehabilitation Project from Eastbluff Drive /Ford Road to Bison Avenue( "Project'). C. City desires to engage Consultant to provide professional engineering services to furnish the City with the Plans, Specifications, and quantity and cost estimates for Project 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 members of Consultant are for purpose of this Project is Surender M. Dewan, RE -1- 0 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 15th day of July, 2003, and shall terminate on the 30'" day of June, 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 Forty -One Thousand Fifty -Five Dollars and No Cents ($41,055.00). 3.1 Consultant shall maintain accounting records of its billings which includes the name of the employee, type of work performed, times and dates of all work which is billed on an hourly basis and all approved incidental expenses including reproductions, -2 0 0 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. 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 no 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 Surender M. Dewan, P.E., to be its Project Manager. Consultant shall not bill any personnel to Project other than those personnel identified in Exhibit "B ", whether or not considered to be key personnel, without City's prior written approval by name and specific hourly billing rate. Consultant shall not remove or reassign any personnel designated in this Section or assign any new or replacement person to Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to removal or assignment of non -key personnel. Consultant, at the sole discretion of City, shall remove from Project any of its personnel assigned to the performance of services upon written request of City. Consultant warrants it will continuously fumish the necessary personnel to complete Project on a timely basis as contemplated by this Agreement. -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. .M 0 0 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 attomeys' fees in any action on or to enforce the terms of this Agreement. -7- 41 0 13. INSURANCE Without limiting consultant's indemnification of City, and prior to commencement of work, Consultant shall obtain and provide and maintain at its own expense during the term of this Agreement policy or policies of liability insurance of the type and amounts described below and satisfactory to City. Certification of all required policies shall be signed by a person authorized by that insurer to bind coverage on its behalf and must be filed with City prior to exercising any right or performing any work pursuant to this Agreement. Except 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 E:11 0 limitation, contractual liability, in a minimum amount of $1 million combined single limit per occurrence for bodily injury, personal injury and property damage. If commercial general liability insurance or other form with a general aggregate is used, either the general aggregate shall apply separately to this Project, or the general aggregate limit shall be twice the occurrence limit. C. Commercial auto liability and property insurance, including additional insured 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 One Million Dollars ($1,000,000). Said policy or policies shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days' prior notice has been given in writing to City. Consultant shall give City prompt and timely notice of claim made or suit instituted arising out of Consultant's operation hereunder. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. Consultant agrees that in the event of loss due to any of the perils for which it has agreed to provide comprehensive general and automotive liability insurance, 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 IM`2 0 0 liability insurance to either Consultant or City with respect to the services of Consultant herein, a waiver of any right of subrogation, which any such insurer of said Consultant may acquire against City by virtue of the payment of any loss under such insurance. 14. PROHIBITION AGAINST TRANSFERS Consultant shall not assign, sublease, hypothecate or transfer this Agreement or any of the services to be performed under this Agreement, directly or indirectly, by operation of law or otherwise without prior written consent of City. Any attempt to do so without consent of City shall be null and void. The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or co- tenant if Consultant is a partnership or joint- venture or syndicate or co- tenancy, which shall result in changing the control of Consultant, shall be construed as an assignment of this Agreement. Control means fifty percent (50 %) or more of the voting power, or twenty -five percent (25 %) or more of the assets of the corporation, partnership orjoint- venture. 15. OWNERSHIP OF DOCUMENTS Each and every report, draft, work product, map, record and other document reproduced, prepared or caused to be prepared by Consultant pursuant to or in connection with this Agreement shall be the exclusive property of City. All improvement/construction plans shall be prepared with indelible waterproof ink or electrostaticly plotted on standard 24 -inch by 36 -inch mylar with a minimum thickness of 3 mils. (A copy of the City of Newport Beach Standard Design Requirements is available from the Public Works Department). Qd911 • Documents, including drawings and specifications, prepared by Consultant pursuant to this Agreement are not intended or represented to be suitable for reuse by City or others on any other project. Any use of completed documents for other projects and any use of incomplete documents without specific written authorization from Consultant will be at City's sole risk and without liability to Consultant. Further, any and all liability arising out of changes made to Consultant's deliverables under this Agreement by City or persons other than Consultant is waived as against Consultant and City assumes full responsibility for such changes unless City has given Consultant prior notice and has received from Consultant written consent for such changes. Consultant shall, at such time and in such forms as City may require, furnish reports concerning the status of services required under this Agreement. 16. CONFIDENTIALITY The information, which results from the services in this Agreement, is to be kept confidential unless City authorizes the release of information. 17. CITY'S RESPONSIBILITIES In order to assist Consultant in the execution of his responsibilities under this Agreement, City agrees to provide the following: A. City will provide access to and upon request of Consultant, provide one copy of all existing record information on file at City. Consultant shall be entitled to rely upon the accuracy of data information provided by City or others without independent review or evaluation. City will provide all such materials in a timely manner so as not to cause delays in Consultant's work schedule. -11- B. City staff will provide usable life of facilities criteria and provide information with regards to deficient facilities. 18. ADMINISTRATION The Public Works Department will administer this Agreement. William Patapoff, P.E. shall be considered the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator or his /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 to the City Manager or his designee with respect to such disputed sums. Consultant shall -12- 11 • be entitled to receive interest on any withheld sums at the rate of four percent (4 %) 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 bome by Consultant. Nothing in this paragraph is intended to limit City's rights under any other sections of this Agreement. 22. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other consultants in connection with Project. 23. CONFLICTS OF INTEREST A. Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act "), which (1) requires such persons to disclose financial interest that may foreseeably be materially affected by the work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. B. If subject to the Act, Consultant shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for termination of this Agreement by City. Consultant shall indemnify and hold harmless City for any and all claims for damages resulting from Consultant's violation -13- 9 0 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: Mr. William Patapoff, City Engineer City of Newport Beach 3300 Newport Boulevard Newport Beach, CA, 92658 -8915 (949) 644 -3311 Fax (949) 644 -3318 All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: Attention: Surender M. Dewan, P.E. Dewan, Lundin and Associates, Inc. 12377 Lewis Street, Suite 101 Garden Grove, CA 92840 Tel: (714) 740 -8840 Fax: (714) 740-8842 -14- 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. S&I 0 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 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 drawing files used for the generation of final mylar plan sheets shall be submitted to the City in the version of AutoCAD used by the City, in ".dwg" file format on a CD, and must comply with the City's digital submission requirements for Improvement Plans. The City will provide to Consultant AutoCad files 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: By: e7Lx�z -A, City Attorney ATTEST: 7 By. t L C City Clerk -17- CITY OF NEWPORT A Municipal Corporati 61 DEWAN, LUNDIN, AND ASSOCIATES, INC. By. Print Name: SuYeLICI& NWAN ford to blson.doc • 0 x(41 E51 r PROJECTAPPROACH DESIGN REVIEW MEETING ■ In a consultation meeting with the City, the scope of work, procedure for the project and the precise limits of the project improvements will be reviewed. ■ Review with City Staff to obtain specific input related to City goals, and discuss preliminary issues. • Meet with City Staff on a continuous, as- needed basis throughout the design and construction phases to ensure that work is expeditiously carried out in keeping with the City's requirements. UTILITY COORDINATION ■ Notify all utilities at the start and at 50% design of the location and extent of the work to ensure that all structures are properly located on the plans. ■ Request utility companies to pothole at locations with the greatest likelihood of impacting the proposed construction. (If utility has prior rights, potholes shall be excavated as negotiated extra work.) ■ A copy of all correspondence with utility companies will be provided to the City. ■ Final plans will be sent to each affected utility company prior to bidding of the work along with notification of when work is anticipated to begin. ■ Proposed improvements will be coordinated with utility companies in the project area. Each utility company will be sent a "Utility Notification Letter" prior to commencement of preliminary design, preliminary improvements plans and final plans. DEFLECTION ANALYSIS ■ To be provided by the City of Newport Beach DESIGN SURVEY ■ Locate beginning, intermediate and final bench marks. Locate and identify horizontal controls used. Set a total of five (5) aerial targets. ■ Conduct aerial survey. Aerial survey to show spot elevations and contours at 1 foot intervals. Jamboree Road Street Rehabilitation Project Dewan, Lundin & Associates, Inc. • Page 4 0 0 • Mark limits of broken curb and gutter as well as defective sidewalk. • Conduct topographic survey and obtain street cross sections at 50 foot intervals. Street cross sections to show elevations at top of curb, gutter flowline, lip of gutter, edge of pavement, lane line, centerline, top of median curb, and finished surface at median curb. • Obtain street cross sections at all BCR's and ECR's. ■ A minimum of two (2) bench marks will be used. A bench circuit will be run and closure error established, if any. Each bench mark will be established on the plans and in the survey notes. ■ A report will be provided to the City containing all survey control and cross section notes. PRELIMINARY DESIGN - 70% DESIGN • Prepare base maps using computer aided drafting (AutoCAD Release 2000). Plot existing utilities, existing right -of -ways, etc. ■ Plot existing cross sections. • Superimpose proposed improvements over existing cross sections. • Check the proposed cross sections for accuracy of cross slope. If the proposed cross slope is less than the minimum required or more than the maximum permissible, revise the type of proposed treatment to the street surface. An effort will be made to provide a minimum of 8 -inch curb face at the median curb. • Develop alternate methods of achieving City's goals, giving consideration to existing pavement condition as determined by the pavement evaluation report. Repair, rehabilitation, partial and full replacement of existing pavement and replacement and reconstruction of median curb divider will be considered. • Prepare preliminary street improvement plans. ■ Prepare preliminary signage and striping plans in accordance with the State of California Department of Transportation Traffic Manual. ■ Prepare preliminary estimate of probable costs in tabular form. ■ Complete "Request for Authorization to Proceed with Construction" forms (if required). FINAL DESIGN - 100% DESIGN ■ Evaluate cross sections and profiles for drive quality. • Prepare final street improvements plans. In addition provide copies of all calculations, cross sections and other support data to the City. Jamboree Road Street Rehabilitation Project Dewan, Lundin & Associates, Inc. • Page 5 t l t c: ■ 0 Title sheet will show: D Title Vicinity and location map with plan sheet index and scale 0 Utility and plan legends 0 Bench marks, basis of bearings o General and master construction notes o Standard signature and title blocks o Utility notes, contact names and telephone numbers Plan and profiles will include: o Topography between right -of -way and beyond as necessary 0 Right -of -way limit lines (existing and proposed) o Utility location plot Construction notes and quantity estimates Typical sections and details Top of curb and centerline profile Location of borings Plot proposed cross sections at 50 foot intervals Prepare final striping and signage plans. Final plans to include: o Removal and /or construction of existing and /or proposed traffic features where applicable o Traffic striping (traffic lanes, crosswalks, etc.) D Traffic signing o Pavement markings and markers Prepare project specifications based on the latest edition of the Standard Specifications for Public Works. Prepare final estimates of probable cost. After final approval of project design the plans will be plotted on 4 mil thick mylar and delivered to the City along with IBM compatible disks. CONSTRUCTION ASSISTANCE ■ Provide coordination during bidding process including answering bidders questions during the bidding phase. Jamboree Road Street Rehabilitation Project Dewan, Lundin & Associates, Inc. • Page 6 It C, • ■ Provide assistance during construction consisting of plan interpretation and plan revisions resulting from changed conditions. • Prepare As -Built plans based on information provided by the City. QUALITY CONTROL PROCEDURES ■ The importance of review and checking cannot be overemphasized, given the extreme time constraints under which documents are often produce • Checking plays a central role in our quality assurance effort. 0 Documents are comprehensively checked at one or more milestones before they are completed. A senior team member checks all documents before they are issued. M One person checks all important dimensions. M The person responsible for the drawings reviews the drawings, and the writer reviews the text. 4 Consultants review the documents produced by other contributors for coordination. 0 The City reviews and approves the documents before they are issued. Jamboree Road Street Rehabilitation Project Dewan, Lundin & Associates, Inc. • Page 7 �M :DLn, INC/ DMS 0 R'AX NO. :714-740-8942 02 2002 01:17PM PS syWewr ",!c' FEE PROPOSAL For Professional Civil Engineering Services Jamboree Road Street Rehabilitation Project From Ford Road to Bison Avenue ITEM DESCRIPTION AMOUNT 1. Preliminary Design Development ................................... $1,020.00 2. Design Survey .................. ............................... $7,170.00 3. Preliminary Design Phase ....................................... $18,330-00 4. Final Design Phase ....... ..................................... $6,075.00 5. Assistance During Bidding Phase ............. .................... $465-00 6. As-Built Plans .................... .......... ................. $1,170.00 7. Printing Allowance ............ .. $500.00 Subtotal: $34,730.00 Subconsultants: Digital Mapping, Inc. ............................................. $5,500.00 (Photogrammetric Services) Mark-Up 15% ........................... $825.00 Subtotal: $6,325.00 TOTAL NOT-TO-EXCEED FEE: ............................... ........ $41,055.00 ,1 :DLA, INC/ DMS FAX N0. :714 - 740 —BB42 Sun. 02 2002 01:16PM P5 RESOURCE REQUIREMENTS Jamboree Road Street Rehabilitation Project Ford Road to Bison Avenue PHASE OF WORK Project Manager Project Engineer Auto CAD Designer Survey Crew Clerical TOTAL HOURS PRELIMINARY DESIGN DEVELOPMENT 2 4 6 — -- 12 Does not include Subconsultant: DESIGN SURVEY Digital Mapping, Inc. 2 4 -- 40 -• 46 PRELIMINARY DESIGN PHASE - 70% DESIGN Base Maps T 8 50 58 Utility Notification and Coordination — 4 r — I+�- 10 Street Improvement Plans -6 2 48 64 - — -- 114 Signage and Striping Plans 2 12 20 _ 34 Estimate of Probable Costs _ 2 8 4 14 FINAL DESIGN PHASE -190% DESIGN Street Improvement Plans 2 8 24 34 Signage and Striping Plans 1 4 4 — -- 9 SPECIFICATIONS, ESTIMATE & BID PACKAGE 4 14 — -- 20 38 BIDDING & CONSTRUCTION PHASE ASSISTANCE ^ _ - - ! � 1 4 AS -BUILT PLANS� 2�I 4 8 �- I -- 14 TOTAL HOURS: 20 I 122 1 176 40 30 888 Percent of Work Hours Performed by Various Members of the Team by Designation PROJECT TEAM MEMBER PERCENTAGE OF WORK HOURS Project Manager 8% — ^ 34 °l0 ^ 46% — — 10% Z %� Not Included ^ " Project Engineer AutoCAD Designer Survey Crew ! ~ Clerical Subconsultar t Jamboree Road Stmet Rehebdicnaw Project Dewar, Lundin & Associates • Page 79 CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 8 July 8, 2003 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY FROM: Public Works Department Fong Tse, P.E. 949- 644 -3311 ftse@city.newport-beach.ca.us SUBJECT: JAMBOREE ROAD STREET REHABILITATION PROJECT FROM EASTBLUFF DRIVE /FORD ROAD TO BISON AVENUE - APPROVAL OF PROFESSIONAL SERVICES AGREEMENT (C -3625) RECOMMENDATION: Approve a Professional Services Agreement with Dewan, Lundin & Associates, Inc. for professional engineering services for a contract price of $41,055 and authorize the Mayor and City Clerk to execute the Agreement. DISCUSSION: Certain segments of Jamboree Road are in need of roadway pavement and raised median rehabilitation. Based on the City's Pavement Management Program, the segment between Eastbluff Drive /Ford Road and Bison Avenue is in the worst condition. The proposed improvements are budgeted as a FY 2003/04 Capital Improvement Program project. The construction cost is estimated at $1,010,000. Staff sent Requests for Proposals to three engineering firms. The following two firms submitted proposals to the City: • Dewan, Lundin & Associates, Inc. (DL &A) • URS The proposals were independently reviewed to evaluate each firm's qualifications, past experience on similar projects, and availability before ranking DL &A the highest. Upon selection, staff negotiated with DL &A to provide the necessary scope of services for a fee of $41,055, which is approximately four percent (4 %) of the project construction cost. DL&A has completed civil engineering design services competently and professionally on similar projects for the City and other local agencies in Southern California. SUBJECT: Jamboree Road Re4lMation Project from Eastbluff Drive /Ford Road to Avenue — Approval of Professional Services Agreement 5) July 8, 2003 Page 2 The scope of DL&A's professional services will include: • Aerial topographic survey • Ground topographic survey • Utility investigation and coordination • Preparation of plan and profile improvement plan sheets • Preparation of pavement cross section plan sheets • Preparation of pavement striping and signage plans • Preparation of project Specifications • Preparation of construction quantity and cost estimates • Assistance during bidding • As -built plans. Funding Availability: Funds are available in the following account: Account Description Account Number Amount OCCTFP - Turnback 7281- C5100714 $41,055 Environmental Review: Engineering design services is not a project as defined in the California Environmental Quality Act (CEQA) Implementing Guidelines. However, an environmental review and the appropriate documentation will be prepared after the scope of construction work has been finalized. Prepared by: (00abal �� Fong Tse, Associate Civil Engineer Attachment: Professional Services Agreement Submitted by: sn G. Badum Works Director 0 PROFESSIONAL SERVICES AGREEMENT FOR ENGINEERING SERVICES FOR THE JAMBOREE ROAD REHABILITATION PROJECT FROM EASTBLUFF DRIVE /FORD ROAD TO BISON AVENUE 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 Dewan, Lundin, and Associates, Inc., whose address is 12377 Lewis Street, Suite 101, Garden Grove, California, 92840, (hereinafter referred to as "Consultant'), is made with reference to the following: RECITALS A. City is a Municipal Corporation duly organized and validly existing under the laws of the State of California with the power to cant' on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City is planning to implement Jamboree Road Rehabilitation Project from Eastbluff Drive /Ford Road to Bison Avenue( "Project'). C. City desires to engage Consultant to provide professional engineering services to fumish the City with the Plans, Specifications, and quantity and cost estimates for Project 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 members of Consultant are for purpose of this Project is Surender M. Dewan. P.E de E 0 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 15th day of July, 2003, and shall terminate on the 301" day of June, 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 Forty-One Thousand Fifty -Five Dollars and No Cents ($41,055.00). 3.1 Consultant shall maintain accounting records of its billings which includes the name of the employee, type of work performed, times and dates of all work which is billed on an hourly basis and all approved incidental expenses including reproductions, -2- 0 0 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. 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 with the terms of this Agreement. Anything in this Agreement which may appear to give M 0 0 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 Surender M. Dewan, P.E., to be its Project Manager. Consultant shall not bill any personnel to Project other than those personnel identified in Exhibit "B ", whether or not considered to be key personnel, without City's prior written approval by name and specific hourly billing rate. Consultant shall not remove or reassign any personnel designated in this Section or assign any new or replacement person to Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to removal or assignment of non -key personnel. Consultant, at the sole discretion of City, shall remove from Project any of its personnel assigned to the performance of services upon written request of City. Consultant warrants it will continuously furnish the necessary personnel to complete Project on a timely basis as contemplated by this Agreement. -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. iS L] Ll 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. -7- 13. INSURANCE Without limiting consultant's indemnification of City, and prior to commencement of work, Consultant shall obtain and provide and maintain at its own expense during the term of this Agreement policy or policies of liability insurance of the type and amounts described below and satisfactory to City. Certification of all required policies shall be signed by a person authorized by that insurer to bind coverage on its behalf and must be filed with City prior to exercising any right or performing any work pursuant to this Agreement. Except 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 0 0 limitation, contractual liability, in a minimum amount of $1 million combined single limit per occurrence for bodily injury, personal injury and property damage. If commercial general liability insurance or other form with a general aggregate is used, either the general aggregate shall apply separately to this Project, or the general aggregate limit shall be twice the occurrence limit. C. Commercial auto liability and property insurance, including additional insured 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 One Million Dollars ($1,000,000). Said policy or policies shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days' prior notice has been given in writing to City. Consultant shall give City prompt and timely notice of claim made or suit instituted arising out of Consultant's operation hereunder. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. Consultant agrees that in the event of loss due to any of the perils for which it has agreed to provide comprehensive general and automotive liability insurance, 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 In 0 0 liability insurance to either Consultant or City with respect to the services of Consultant herein, a waiver of any right of subrogation, which any such insurer of said Consultant may acquire against City by virtue of the payment of any loss under such insurance. 14. PROHIBITION AGAINST TRANSFERS Consultant shall not assign, sublease, hypothecate or transfer this Agreement or any of the services to be performed under this Agreement, directly or indirectly, by operation of law or otherwise without prior written consent of City. Any attempt to do so without consent of City shall be null and void. The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or co- tenant if Consultant is a partnership or joint- venture or syndicate or co- tenancy, which shall result in changing the control of Consultant, shall be construed as an assignment of this Agreement. Control means fifty percent (50 %) or more of the voting power, or twenty -five percent (25 %) or more of the assets of the corporation, partnership or joint-venture. 15. OWNERSHIP OF DOCUMENTS Each and every report, draft, work product, map, record and other document reproduced, prepared or caused to be prepared by Consultant pursuant to or in connection with this Agreement shall be the exclusive property of City. All improvementiconstruction plans shall be prepared with indelible waterproof ink or electrostaticly plotted on standard 24 -inch by 36 -inch mylar with a minimum thickness of 3 mils. (A copy of the City of Newport Beach Standard Design Requirements is available from the Public Works Department). S[111 0 0 Documents, including drawings and specifications, prepared by Consultant pursuant to this Agreement are not intended or represented to be suitable for reuse by City or others on any other project. Any use of completed documents for other projects and any use of incomplete documents without specific written authorization from Consultant will be at City's sole risk and without liability to Consultant. Further, any and all liability arising out of changes made to Consultant's deliverables under this Agreement by City or persons other than Consultant is waived as against Consultant and City assumes full responsibility for such changes unless City has given Consultant prior notice and has received from Consultant written consent for such changes. Consultant shall, at such time and in such forms as City may require, fumish 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. -11- 0 0 B. City staff will provide usable life of facilities criteria and provide information with regards to deficient facilities. 18. ADMINISTRATION The Public Works Department will administer this Agreement. William Patapoff, P.E. shall be considered the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator or his /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 to the City Manager or his designee with respect to such disputed sums. Consultant shall -12- 0 0 be entitled to receive interest on any withheld sums at the rate of four percent (4 %) 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 bome by Consultant. Nothing in this paragraph is intended to limit City's rights under any other sections of this Agreement. 22. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other consultants in connection with Project. 23. CONFLICTS OF INTEREST A. Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act "), which (1) requires such persons to disclose financial interest that may foreseeably be materially affected by the work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. B. If subject to the Act, Consultant shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for termination of this Agreement by City. Consultant shall indemnify and hold harmless City for any and all claims for damages resulting from Consultant's violation -13- 0 0 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: Mr. William Patapoff, City Engineer City of Newport Beach 3300 Newport Boulevard Newport Beach, CA, 92658 -8915 Tel: (949) 644 -3311 Fax (949) 644 -3318 All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: Surender M. Dewan, P.E. Dewan, Lundin and Associates, Inc. 12377 Lewis Street, Suite 101 Garden Grove, CA 92840 Tel: (714) 740 -8840 Fax: (714) 740 -8842 -14- 0 26. TERMINATION In the event either part hereto fails or refuses to perform any of the provisions hereof at the time and in the manner required hereunder, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) days, or if more than two (2) days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) days after receipt 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 0 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 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. dIIN E All drawing files used for the generation of final . mylar plan sheets shall be submitted to the City in the version of AutoCAD used by the City, in ".dwg" file format on a CD, and must comply with the City's digital submission requirements for Improvement Plans. The City will provide to Consultant AutoCad files 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: By: City Attorney ATTEST: By: City Clerk CITY OF NEWPORT BEACH A Municipal Corporation By: Mayor DEWAN, LUNDIN, AND ASSOCIATES, INC. By: Print Name: f : \users\pbMshared\agreements \fy 02- 03 \dewan lundin- jamboree rehab. ford to bison.doc -17-